Bill 444 — Labrador Inuit Land Claims Agreement Act (45th General Assembly, 1st Session)
Bill 444
Newfoundland and Labrador — Bills
First Session, 45th General Assembly
53 Elizabeth II, 2004
BILL 44
AN ACT TO RATIFY AND GIVE THE FORCE OF LAW TO THE LABRADOR INUIT LAND CLAIMS AGREEMENT
Received and Read the First Time
Second Reading
Committee
Third Reading
Royal Assent
HONOURABLE THOMAS G. RIDEOUT
Minister of Transportation and Works
and
Minister responsible for Aboriginal Affairs
Ordered to be printed by the Honourable House of Assembly
EXPLANATORY NOTE
The purpose of this Bill is as set
out in the
Long Title.
A BILL
AN ACT TO RATIFY AND GIVE THE FORCE OF LAW
TO THE LABRADOR INUIT LAND CLAIMS AGREEMENT
Analysis
Short title
Definitions
PART
LABRADOR INUIT LAND CLAIMS AGREEMENT
Status of Agreement
4. Board powers and rights
Conflict
Authorization to sign
Ownership of land
Payment obligations
Judicial notice and evidence of law
10. Statutes and Subordinate Legislation Act
11. Orders and regulations
12. Notice
Chapter 22 validity
Crown bound
PART
CONSEQUENTIAL AMENDMENTS
Adoption Act
Aquaculture Act
Archives Act
18. Chattels Real Act
Child Care Services Act
Child, Youth and Family Services Act
Children's Law Act
22. Conveyancing Act
23. Crown Royalties Act
24. Detention of Intoxicated Persons Act
Electrical Power Control Act, 1994
Emergency Measures Act
Endangered Species Act
Environmental Protection Act
29. Executive Council Act
30. Exhumation Act
Expropriation Act
Family Law Act
Family Relief Act
34. Financial Administration Act
35. Fish Inspection Act
Forestry Act
Geographical Names Board Act
Health and Community Services Act
Historic Resources Act
Human Rights Code
41. Income and Employment Support Act
Intestate Succession Act
Judgement Enforcement Act
Lands Act
45. Limitations Act
Liquor Control Act
Mechanics' Lien Act
Mineral Act
49. Mineral Holdings Impost Act
Motorized Snow Vehicles and All-Terrain
Vehicles Act
Municipalities Act, 1999
National Parks Lands Act
Neglected Adults Welfare Act
Petroleum and Natural Gas Act
Provincial Parks Act
Public Service Commission Act
Public Tender Act
Public Utilities Act
59. Public Utilities Acquisition of Lands Act
Quarry Materials Act, 1998
61. Quieting of Titles Act
Schools Act, 1997
Solemnization of Marriage Act
Support Orders Enforcement Act
Urban and Rural Planning Act, 2000
Water Resources Act
Wild Life Act
Wilderness and Ecological Reserves Act
Wills Act
PART
III
COMMENCEMENT
Commencement
Schedule
WHEREAS the Constitution Act, 1982 ( Canada ) recognizes
and affirms the aboriginal and treaty rights of the aboriginal peoples of Canada ;
AND
WHEREAS
the Inuit of Labrador are an aboriginal people of Canada ;
AND
WHEREAS
the Inuit of Labrador claim aboriginal rights in and to the Labrador Inuit Land
Claims Area based on their traditional and current use and occupancy of the
lands, water and sea ice of the Labrador Inuit Land Claims Area in accordance
with their own customs and traditions;
AND
WHEREAS
the Inuit of Labrador as represented by the Labrador Inuit Association, Her
Majesty the Queen in right of Newfoundland and Labrador and Her Majesty the
Queen in right of Canada have negotiated the Labrador Inuit Land Claims
Agreement in order to define and achieve certainty with respect to their
respective rights and powers in relation to the aboriginal rights claimed by
the Inuit of Labrador;
AND
WHEREAS
the Inuit of Labrador have ratified the Labrador Inuit Land Claims Agreement in accordance with its terms;
AND
WHEREAS
the Labrador Inuit Land Claims Agreement requires that legislation be enacted
by the province to ratify the Labrador Inuit Land Claims Agreement;
THEREFORE
IT ENACTED by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
Short title
1. This
Act may be cited as the Labrador Inuit
Land Claims Agreement Act .
Definitions
(1) In
this Act, "Labrador Inuit Land Claims Agreement" means the Labrador
Inuit Land Claims Agreement signed on behalf of the Inuit of Labrador as
represented by the Labrador Inuit Association, Her Majesty the Queen in right
of Newfoundland and Labrador and Her Majesty the Queen in right of Canada as
set out in the
Schedule attached to this Act and includes amendments made to
that Agreement.
(2) Unless the context indicates otherwise, a word
or term used in this Act shall have the same meaning as that word or term as defined
in the Labrador Inuit Land Claims Agreement.
PART I
LABRADOR INUIT LAND CLAIMS AGREEMENT
Status of
Agreement
(1) The
Labrador
Inuit Land Claims Agreement is a treaty and a land claims agreement within the
meaning of sections 25 and 35 of the Constitution
Act, 1982 .
(2) The Labrador Inuit Land Claims Agreement is
ratified, given effect, declared valid and has the force of law.
(3) A reference in
an Act or regulation of the
province to a definition, provision, term or condition of the Labrador Inuit Land Claims Agreement Act
shall be considered to include a reference to a definition, provision, term or
condition of the Labrador Inuit Land Claims Agreement.
Board powers and
rights
4. A
board established under the Labrador Inuit Land Claims Agreement has the
powers, rights, privileges and benefits conferred on that
board and its members under the Labrador Inuit Land Claims Agreement and shall
perform the duties and is subject to the liabilities imposed under that
Agreement.
Conflict
(1) In
the event of an inconsistency or conflict between the Labrador Inuit Land
Claims Agreement and another law of the province, the Labrador Inuit Land
Claims Agreement prevails.
(2) In the event of an inconsistency or conflict
between this Act and another law of the province, this Act prevails.
Authorization to
sign
(1) The
Lieutenant-Governor in Council may authorize a minister to sign the Labrador
Inuit Land Claims Agreement.
(2) The Lieutenant-Governor in Council may
authorize a Minister to enter into an agreement that is contemplated by the
Labrador Inuit Land Claims Agreement.
Ownership of land
(1) The
Inuit own the estate in fee simple in Labrador Inuit Lands, subject to the
terms set out in the Labrador Inuit Land Claims Agreement.
(2) A person's interest in Labrador Inuit Lands
other than the estate in Labrador Inuit Lands referred to in subsection (1) is,
except where otherwise provided under the Labrador Inuit Land Claims Agreement,
extinguished.
(3) A person whose interest has been extinguished
under subsection (2) shall not bring an action to enforce or otherwise claim compensation
in respect of that claim following the expiration of one year after the coming
into force of this Act.
(4) The minister responsible for the
administration of this Act under the Executive
Council Act shall cause a certified copy of the description of the Labrador
Inuit Lands and of the Map Atlas to be deposited with the Crown Lands
Administration Division as defined under the Lands Act .
Payment
obligations
8. Subject
to the Financial Administration Act, the
Minister of Finance may, from money voted by the Legislature for the purpose,
make payments as required that arise out of obligations of the government of
the province under or in relation to the Labrador Inuit Land Claims Agreement.
Judicial notice
and evidence of law
(1) Judicial
notice shall be taken of Inuit Laws and Bylaws.
(2) A copy of an Inuit Law or Bylaw purporting to
be deposited in a public registry as required under the Labrador Inuit Land
Claims Agreement is evidence of that Inuit Law or Bylaw and of its contents
unless the contrary is shown.
Statutes and Subordinate
Legislation Act
10. An
Inuit Law or Bylaw shall not be considered to be subordinate legislation within
the meaning of the Statutes and
Subordinate Legislation Act.
Orders and regulations
11. The
Lieutenant-Governor in Council may make orders and regulations for the purpose
of carrying out a provision of this Act or of the Labrador Inuit Land Claims
Agreement.
Notice
(1) Where,
in a judicial or administrative proceeding, an issue arises with respect to the
(
a) interpretation or
validity of the Labrador Inuit Land Claims Agreement; or
(
b) validity or
applicability of this Act or an Inuit Law or Bylaw,
the issue shall not be decided until the party to the proceeding
raising the issue has properly served notice on the Attorney General for the
province, the Attorney General of Canada and the Nunatsiavut Government.
(2) The notice required under subsection (1) shall
(
a) describe the judicial
or administrative proceeding in which the issue arises;
(
b) state whether the
issue arises in respect of the matters referred to in paragraph (1)(
a) or (
b) or in both;
(
c) state the day on
which the issue is to be argued;
(
d) give particulars
necessary to show the point to be argued; and
(
e) be served at least 14
days before the day of argument unless the court or tribunal considering the
matter authorizes a shorter notice period.
(3) In a judicial or administrative proceeding to
which subsection (1) applies, the Attorney General of the province, the
Attorney General of Canada and the Nunatsiavut Government may appear and
participate in the proceeding as parties with the same rights as any other party
to the proceeding.
Chapter 22
validity
Chapter
22 of the Labrador Inuit Land Claims Agreement as implemented before the
Effective Date shall be considered to be valid and have the force of law on and
after August 29, 2003 and the Ratification Committee shall be considered to
have been validly established under that
chapter and have all the powers and
authority provided to it under the Labrador Inuit Land Claims Agreement on and
after that date.
Crown bound
(1) This
Act binds the Crown to the extent necessary to give effect to the provisions of
the Labrador Inuit Land Claims Agreement that apply to the Crown.
(2) Subsection (1) shall not be interpreted to
mean that Inuit Laws and Bylaws bind the Crown.
PART II
CONSEQUENTIAL AMENDMENTS
SNL1999 cA-2.1
as amended
Section 3 of the Adoption Act is amended by adding immediately after subsection
(2) the following:
(3) Notwithstanding subsections (1) and (2), this
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims Agreement
Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
RSNL1990 cA-13
as amended
16. The Aquaculture
Act is amended by adding immediately after
section 3 the following:
Labrador Inuit
rights
3.1
(1) This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
(2) Where, under this Act, the minister issues an
the licensee must comply with in order to ensure compliance with the terms and
conditions of the Labrador Inuit Land
Claims Agreement Act .
RSNL1990 cA-16
as amended
17. The Archives
Act is amended by adding immediately after
section 17 the following:
Labrador Inuit
rights
18. This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
RSNL1990 cC-11
18. The Chattels
Real Act is amended by adding immediately after
section 5 the following:
Labrador Inuit
rights
6. This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
SNL1998 cC-11.1
as amended
19. The Child
Care Services Act is amended by adding immediately after
section 3 the
following:
Labrador Inuit
rights
3.1
(1) This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
(2) Where, under this Act or regulations made
under this Act, a director issues a licence he or she may add to that licence
Inuit Land Claims Agreement Act .
SNL1998 cC-12.1
as amended
20. The Child, Youth and Family Services Act is
amended by adding immediately after
section 2 the following:
Labrador Inuit
rights
2.1 This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
RSNL1990 cC-13
as amended
21. The Children's
Law Act is amended by adding immediately after
section 5 the following:
Labrador Inuit
rights
5.1 This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
RSNL1990 cC-34
as amended
22. The Conveyancing
Act is amended by adding immediately after
section 2 the following:
Labrador Inuit
rights
2.1 This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
RSNL1990 cC-43
as amended
Section 7 of the Crown Royalties Act is amended by renumbering it as subsection 7(1)
and by adding immediately after that subsection the
following:
(2) This Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act is inconsistent or
conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act , the provision, term or
condition of the Labrador Inuit Land
Claims Agreement Act shall have precedence over the provision of this Act.
RSNL1990 cD-21
24. The Detention
of Intoxicated Persons Act is amended by adding immediately after
section 2
the following:
Labrador Inuit
rights
2.1 This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
SNL1994 cE-5.1
as amended
25. The Electrical Power Control Act, 1994 is
amended by adding immediately after
section 2 the following:
Labrador Inuit
rights
2.1
(1) This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
(2) Where, under this Act the public utilities
board issues a licence, the public utilities board may add to that licence
RSNL1990 cE-8
as amended
Section 22 of the Emergency Measures Act is amended by renumbering it as subsection
22(1) and by adding immediately after that subsection
the following:
(2) Notwithstanding subsection (1), this Act and
regulations made under this Act shall be read and applied in conjunction with
the Labrador Inuit Land Claims Agreement
Act and where a provision of this Act or regulations made under this Act is
inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act ,
the provision, term or condition of the Labrador
Inuit Land Claims Agreement Act shall have precedence over the provision of
this Act or a regulation made under this Act.
SNL2001 cE-10.1
27. The Endangered
Species Act is amended by adding immediately after
section 5 the following:
Labrador Inuit
rights
5.1 This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
SNL2002 cE-14.2
(1) Section 4 of the Environmental Protection Act is amended by adding immediately after
subsection (4) the following:
(5) Notwithstanding subsections (1) to (4), this
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims Agreement
Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
(2) The Act is amended by adding immediately after
section 4 the following:
Terms added to
approvals, licences etc.
4.1 Where,
under this Act, the minister issues an approval, licence or other authorization
the minister may add to that approval, licence or other authorization terms and
conditions that the holder of the approval, licence or authorization is
required to comply with in order to ensure compliance with the terms and
conditions of the Labrador Inuit Land
Claims Agreement Act .
SNL1995 cE-16.1
as amended
Section 10 of the Executive Council Act is amended by renumbering it as subsection
10(1) and by adding immediately after that subsection
the following:
(2) A minister may enter into an agreement with
the Nunatsiavut government respecting matters for which an agreement is
required under the Labrador Inuit Land
Claims Agreement Act .
(3) In subsection (2), "Nunatsiavut
government" means the Nunatsiavut Government as defined in the
Labrador Inuit Land Claims Agreement Act.
RSNL1990 cE-18
as amended
30. The Exhumation
Act is amended by adding immediately after
section 5 the following:
Labrador Inuit
rights
6. This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
RSNL1990 cE-19
as amended
31. The Expropriation
Act is amended by adding immediately after
section 3 the following:
Labrador Inuit
rights
3.1 Notwithstanding
section 3, this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act
and where a provision of this Act is inconsistent or conflicts with a provision,
term or condition of the Labrador Inuit
Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act
shall have precedence over the provision of this Act.
RSNL1990 cF-2
as amended
32. The Family
Law Act is amended by adding immediately after
section 2 the following:
Labrador Inuit
rights
2.1 This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
RSNL1990 cF-3
33. The Family
Relief Act is amended by adding immediately after
section 2 the following:
Labrador Inuit
rights
2.1 This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
RSNL1990 cF-8
as amended
Section 22 of the Financial Administration Act is amended by
(
a) deleting the word "and"
at the end of the paragraph (e);
(
b) deleting the period
at the end of paragraph (
f) and substituting a semicolon and the word
"and"; and
(
c) adding immediately
after paragraph (
f) the following:
(
g) issues may be made in
respect of obligations of Her Majesty in Right of the province arising under
clauses 7.3.1 to 7.6.11, inclusive, of the Labrador Inuit Land Claims Agreement
as defined in the Labrador Inuit Land
Claims Agreement Act .
RSNL1990 cF-12
as amended
35. The Fish
Inspection Act is amended by adding immediately after
section 2 the
following:
Labrador Inuit
rights
2.1
(1) This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
(2) Where, under this Act or regulations made
under this Act, the minister issues a licence he or she may add to that licence
Inuit Land Claims Agreement Act .
RSNL1990 cF-23
as amended
36. The Forestry
Act is amended by adding immediately after
section 3 the following:
Labrador Inuit
rights
3.1
(1) This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
(2) Where, under this Act or regulations made
under this Act, the minister issues a permit or licence he or she may add to
licence must comply with in order to ensure compliance with the terms and
conditions of the Labrador Inuit Land
Claims Agreement Act .
RSNL1990 cG-3
as amended
37. The Geographical
Names Board Act is amended by adding immediately after
section 8 the
following:
Labrador Inuit
rights
9. Notwithstanding
sections 5 to 8, this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act
and where a provision of this Act is inconsistent or conflicts with a
provision, term or condition of the Labrador
Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act
shall have precedence over the provision of this Act.
SNL1995 cP-37.1
as amended
38. The Health
and Community Services Act is amended by adding immediately after
section 2
the following:
Labrador Inuit
rights
2.1 This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
RSNL1990 cH-4
as amended
39. The Historic
Resources Act is amended by adding immediately after
section 3 the
following:
Labrador Inuit
rights
3.1
(1) This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
(2) Where, under this Act or regulations made
under this Act, the minister issues a permit he or she may add to that permit
RSNL1990 cH-14
as amended
(1) Section 4 of the Human Rights Code is amended by adding immediately after subsection
(3) the following:
(4) A provision of the
(
a) Voisey's Bay Inuit Impacts and Benefits
Agreement dated July 29, 2002 , between
(
i) Labrador Inuit Association, a corporation
incorporated under the laws of Newfoundland and Labrador , and
(ii) Voisey's Bay Nickel Company Limited, a
corporation incorporated under the laws of Newfoundland and Labrador , and
(iii) Inco Limited, a corporation incorporated under
the laws of Canada ; and
(
b) Voisey's Bay Innu Impacts and Benefits
Agreement dated July 29, 2002 , between
(
i) Innu Nation, a corporation incorporated under
the laws of Canada , and
(ii) Voisey's Bay Nickel Company Limited, a
corporation incorporated under the laws of Newfoundland and Labrador , and
(iii) Inco Limited, a corporation incorporated under
the laws of Canada ,
by which preference respecting training, employment and contracting is
given or agreed to be given to Inuit as defined under the agreement referred to
in paragraph (
a) or Innu as defined in the agreement referred to in paragraph
(
b) shall have effect notwithstanding this Act.
(5) Subsection (4) shall be considered to have
come into force on July 29, 2002 .
(2) The Act is amended by adding immediately after
section 5.1 the following:
Labrador Inuit
rights
5.2 Notwithstanding
section 5, this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act
and where a provision of this Act is inconsistent or conflicts with a provision,
term or condition of the Labrador Inuit
Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act
shall have precedence over the provision of this Act.
SNL2002 cI-0.1
41. The Income
and Employment Support Act is amended by adding immediately after
section 3
the following:
Labrador Inuit
rights
3.1 This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
RSNL1990 cI-21
42. The Intestate
Succession Act is amended by adding immediately after
section 3 the
following:
Labrador Inuit
rights
3.1 This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
SNL1996 cJ-1.1
as amended
(1) The Judgment
Enforcement Act is amended by adding immediately after
section 3 the
following:
Labrador Inuit
rights
3.1 This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
(2) The Act is amended by adding immediately after
section 109 the following:
Labrador Inuit
lands exempt
109.1
(1) Notwithstanding
subsection 101(1), a creditor with a money judgment shall not instruct the
sheriff to sell lands that are Labrador Inuit Lands as defined in the Labrador Inuit Land Claims Agreement Act
and the sheriff shall not carry out an enforcement proceeding against those
lands.
(2) Subsection (1) does not apply to a statutory
lien of the government of the province or of Canada
upon Labrador Inuit Lands as defined in the Labrador
Inuit Land Claims Agreement Act .
SNL1991 c36
as amended
44. The Lands
Act is amended by adding immediately after
section 2 the following:
Labrador Inuit
rights
2.1
(1) This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
(2) Where, under this Act or regulations made
under this Act, the minister issues or renews a lease, licence, easement or
grant he or she may add to that lease, licence, easement or grant terms and
conditions that the holder of the lease, licence, easement or grant must comply
the Labrador Inuit Land Claims Agreement
Act .
SNL1995 cL-16.1
as amended
45. The Limitations
Act is amended by adding immediately after
section 23 the following:
Labrador Inuit
rights
23.1 Notwithstanding
section 23, this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act
and where a provision of this Act is inconsistent or conflicts with a provision,
term or condition of the Labrador Inuit
Land Claims Agreement Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act
shall have precedence over the provision of this Act.
RSNL1990 cL-18
as amended
(1) The Liquor Control Act is amended by adding immediately after
section 2
the following:
Labrador Inuit
rights
2.1 This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
(2) The Act is amended by adding immediately after
section 17 the following:
Appeal from
Nunatsiuvut government decision
17.1
(1) Where
a person is aggrieved by a decision of the Nunatsiavut government relating to
the denial of an application for an alcoholic beverage licence, the suspension
or cancellation of an alcoholic beverage licence or a refusal or failure to
renew an alcoholic beverage licence under the Labrador Inuit Land Claims Agreement Act , that person may appeal
that decision to the board and the board shall hold a hearing at those times
and places that the board considers most convenient and shall hear and consider
relevant representations made by that person and the Nunatsiavut government.
(2) In subsection (1), "Nunatsiavut
government" means the Nunatsiavut Government as defined in the
Labrador Inuit Land Claims Agreement Act.
RSNL1990 cM-3
as amended
(1) The Mechanics Lien Act is amended by adding immediately after
section 2
the following:
Labrador Inuit
rights
2.1 This
Act shall be read and applied in conjunction with the Labrador Inuit Agreement Act and where a provision of this Act is
inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the
provision, term or condition of the Labrador
Inuit Land Claims Agreement Act shall have precedence over the provision of
this Act.
(2) Section 36 of the Act is amended by adding
immediately after subsection (9) the following:
(10) Notwithstanding subsection (6) or another
provision of this Act, an order shall not be made for the sale of lands that
are Labrador Inuit Lands as defined in the Labrador
Inuit Land Claims Agreement Act .
RSNL1990 cM-12
as amended
48. The Mineral
Act is amended by adding immediately after
section 4 the following:
Labrador Inuit
rights
4.1
(1) Notwithstanding
section 4, this Act and regulations made under this Act shall be read and
applied in conjunction with the Labrador
Inuit Land Claims Agreement Act and where a provision of this Act or
regulations made under this Act is inconsistent or conflicts with a provision,
term or condition of the Labrador Inuit
Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act
shall have precedence over the provision of this Act or a regulation made under
this Act.
(2) Where, under this Act or regulations made
under this Act, the minister issues, extends or renews a licence, lease or
approval he or she may add to that licence, lease or approval terms and
conditions that the holder of the licence, lease or approval must comply with
RSNL1990 cM-14
as amended
49. The Mineral
Holdings Impost Act is amended by adding after
section 6 the following:
Labrador Inuit
rights
6.1 This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
RSNL1990 cM-20
as amended
50. The Motorized
Snow Vehicles and All-Terrain Vehicles Act is amended by adding immediately
after
section 2 the following:
Labrador Inuit
rights
2.1 This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
SNL1999 cM-24
as amended
Section 3 of the Municipalities Act, 1999 is amended by adding immediately after
subsection (3) the following:
(4) Notwithstanding subsections (1), (2) and (3)
and
section 9 an Inuit Community shall cease to be considered to be a
municipality under this Act on the first date upon which an Inuit Community
Council for that Inuit Community takes office in accordance with the Labrador Inuit Land Claims Agreement Act.
(5) In subsection (4), "Inuit Community"
means an Inuit Community as defined in the Labrador Inuit Land Claims Agreement Act.
RSNL1990 cN-1
as amended
52. The National
Parks Lands Act is amended by adding immediately after
section 3 the
following:
Labrador Inuit
rights
4. This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
RSNL1990 cN-3
as amended
53. The Neglected
Adults Welfare Act is amended by adding immediately after
section 2 the
following:
Labrador Inuit
rights
2.1 This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
RSNL1990 cP-10
as amended
54. The Petroleum
and Natural Gas Act is amended by adding immediately after
section 2 the
following:
Labrador Inuit
rights
2.1 This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
RSNL1990 cP-32
as amended
55. The Provincial
Parks Act is amended by adding immediately after
section 2 the following:
Labrador Inuit
rights
2.1 This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
RSNL1990 cP-43
as amended
56. The Public
Service Commission Act is amended by adding immediately after
section 4 the
following:
Labrador Inuit
rights
4.1 This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
RSNL1990 cP-45
as amended
57. The Public
Tender Act is amended by adding immediately after
section 2 the following:
Labrador Inuit
rights
2.1 This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
RSNL1990 cP-47
as amended
58. The Public
Utilities Act is amended by adding immediately after
section 4.1 the
following:
Labrador Inuit
rights
4.2 This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
RSNL1990 cP-48
59. The Public
Utilities Acquisition of Lands Act is amended by adding immediately after
section 9 the following:
Labrador Inuit
rights
10. Notwithstanding
sections 3 to 9, this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act
and where a provision of this Act is inconsistent or conflicts with a
provision, term or condition of the Labrador
Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act
shall have precedence over the provision of this Act.
SNL1998 cQ-1.1
60. The Quarry Materials Act, 1998 is amended by
adding immediately after
section 3 the following:
Labrador Inuit
rights
3.1
(1) This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
(2) Where, under this Act or regulations made under
this Act, the minister issues a beach permit, lease, permit or subordinate
permit he or she may add to that beach permit, lease, permit or subordinate
or subordinate permit must comply with in order to ensure compliance with the
Inuit Land Claims Agreement Act .
RSNL1990 cQ-3
as amended
61. The Quieting
of Titles Act is amended by adding immediately after
section 3 the
following:
Labrador Inuit
rights
3.1 This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
SNL1997 cS-12.2
as amended
62. The Schools Act, 1997 is amended by adding
immediately after
section 2 the following:
Labrador Inuit
rights
2.1 This
Act and regulations and orders made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act, regulation or order
made under this Act is inconsistent or conflicts with a provision, term or
condition of the Labrador Inuit Land
Claims Agreement Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act
shall have precedence over the provision of this Act.
RSNL1990 cS-19
as amended
(1) The Solemnization of Marriage Act is amended by adding immediately
after
section 2 the following:
Labrador Inuit
rights
2.1 This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Lands Claims Agreement
Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
(2) The Act is amended by adding immediately after
section 6 the following:
Inuit marriage
6.1 Notwithstanding
sections 3, 4 and 5, a marriage solemnized in accordance with Inuit Laws and
Bylaws made in accordance with the Labrador
Inuit Land Claims Agreement Act shall be considered to be valid.
RSNL1990 cS-31
as amended
64. The Support
Orders Enforcement Act is amended by adding immediately after
section 2 the
following:
Labrador Inuit
rights
2.1 This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
SNL2000 cU-8
as amended
65. The Urban and Rural Planning Act, 2000 is
amended by adding immediately after
section 3 the following:
Labrador Inuit
rights
3.1 This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
SNL2002 cW-4.01
66. The Water
Resources Act is amended by adding immediately after
section 2 the
following:
Labrador Inuit
rights
2.1
(1) This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land
Claims Agreement Act and where a provision of this Act or regulations made
under this Act is inconsistent or conflicts with a provision, term or condition
of the Labrador Inuit Land Claims
Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
(2) Where, under this Act, the minister issues a
permit or licence the minister may add to that permit or licence terms and
conditions that the holder of the permit or licence is required to comply with
RSNL1990 cW-8
as amended
67. The Wild
Life Act is amended by adding immediately after
section 3 the following:
Labrador Inuit
rights
3.1
(1) This
Act and regulations made under this Act shall be read and applied in
conjunction with the Labrador Inuit Land Claims
Agreement Act and where a provision of this Act or regulations made under
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act or a regulation made under this Act.
(2) Where, under this Act or regulations made
under this Act, the minister issues a licence, he or she may add to that
RSNL1990 cW-9
as amended
68. The Wilderness
and Ecological Reserves Act is amended by adding immediately after
section
3 the following:
Labrador Inuit
rights
3.1 Notwithstanding
section 3, this Act and regulations made under this Act shall be read and
applied in conjunction with the Labrador
Inuit Land Claims Agreement Act and where a provision of this Act or
regulations made under this Act is inconsistent or conflicts with a provision,
term or condition of the Labrador Inuit
Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act
shall have precedence over the provision of this Act or a regulation made under
this Act.
RSNL1990 cW-10
69. The Wills
Act is amended by adding immediately after
section 21 the following:
Labrador Inuit
rights
21.1 This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Land Claims Agreement
Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provision of this Act.
PART III
COMMENCEMENT
Commencement
70. This Act shall come into force on a date to be
proclaimed by the Lieutenant-Governor in Council.
Schedule
(Attachment)