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Second Session, 46th General Assembly

58 Elizabeth II, 2009

BILL 47

AN ACT TO AMEND THE LABRADOR INUIT LAND CLAIMS AGREEMENT ACT NO. 2

Received

and Read the First Time ....................................................................

Second

Reading ...............................................................................................

Committee .......................................................................................................

Third

Reading ..................................................................................................

Royal

Assent ...................................................................................................

HONOURABLE

PATTY POTTLE

Minister of Aboriginal Affairs

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Labrador Inuit Land Claims Agreement Act to

add

Chapter 24 to the Agreement respecting the Nunavik Inuit/Labrador Inuit

Overlap Area.

Consequently, the Bill would also:

repeal and substitute

Schedule

2-A of the Agreement to revise the area excluded from cession and releases

under

Part 2.11 of the Agreement; and

repeal and substitute the

Capital Transfer Payments Schedule.

These proposed amendments would come

into force on a date to be proclaimed by the Lieutenant-Governor in Council.

A BILL

AN ACT TO AMEND THE LABRADOR INUIT LAND CLAIMS AGREEMENT ACT NO. 2

Analysis

Sch. Amdt.

Schedule 2-A

Sch. Amdt.

Schedule 19-A

Sch. Amdt.

Schedule 24 Added

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2004 cL-3.1

as amended

Schedule 2-A of the

Schedule to the Labrador Inuit Land Claims Agreement Act is

repealed and the following substituted:

Schedule 19-A of the

Schedule to the Act is

repealed and substituted:

Schedule 19-A: Capital Transfer Payments

Schedule

Date

Payments

On the

Effective Date

( December 1, 2005 )

$28,046,971

On the

first anniversary of the Effective Date

( December 1, 2006 )

$28,046,971

On the

second anniversary of the Effective Date

( December 1, 2007 )

$21,035,228

On the

third anniversary of the Effective Date

( December 1, 2008 )

$21,035,228

On the

fourth anniversary of the Effective Date

( December 1, 2009 )

$18,745,309

On the

fifth anniversary of the Effective Date

( December 1, 2010 )

$18,745,309

On the

sixth anniversary of the Effective Date

( December 1, 2011 )

$18,745,309

On the

seventh anniversary of the Effective Date

( December 1, 2012 )

$9,372,654

On the

eighth anniversary of the Effective Date

( December 1, 2013 )

$9,372,654

On the

ninth anniversary of the Effective Date

( December 1, 2014 )

$9,372,654

On the

tenth anniversary of the Effective Date

( December 1, 2015 )

$9,372,654

On the

eleventh anniversary of the Effective Date

( December 1, 2016 )

$9,372,654

On the

twelfth anniversary of the Effective Date

( December 1, 2017 )

$9,372,654

On the

thirteenth anniversary of the Effective Date

( December 1, 2018 )

$9,372,654

On the

fourteenth anniversary of the Effective Date

( December 1, 2019 )

$9,372,654

3. The

Schedule to the Act is amended by adding

immediately after

Chapter 23 the following:

Chapter 24:

Nunavik Inuit/Labrador Inuit

Overlap Area

WHEREAS

Nunavik Inuit and Labrador Inuit have agreed that the area set out in

Schedule

24-A and described in

Schedule 24-B is an overlap area;

WHEREAS

Nunavik Inuit and Labrador Inuit have entered into the Overlap Agreement

relating to the sharing of the Nunavik Inuit/Labrador Inuit Overlap Area; and

WHEREAS

this

chapter sets out rights of Labrador Inuit in the Nunavik Marine Portion of

the Overlap Area.

Part

24.1

Definitions and

Interpretation

In this chapter:

"Adjusted

Basic Needs Level" means the level of harvesting by Nunavik Inuit

identified in sections 5.2.15 to 5.2.18 of the Nunavik Inuit Land Claims

Agreement;

"Archaeological

Investigation" means any archaeological research, survey, excavation,

reconstruction, work or other activity within the Nunavik Marine Portion of the

Overlap Area;

"Archaeological

Site" means a site or work within the Nunavik Marine Portion of the

Overlap Area of archaeological, ethnographical or historical importance,

interest or significance or a place where an Archaeological Specimen is found,

and includes explorers' cairns and burial sites;

"Archaeological

Specimen" means an object or specimen found in an Archaeological Site and

includes explorers' documents, human remains and associated burial objects;

" Basic Needs Level" means the level of harvesting by Nunavik

Inuit identified in sections 5.2.12 to 5.2.14 of the Nunavik Inuit Land Claims

Agreement;

"Consult

and Consultation" means:

(

a) the provision, to the party to be consulted,

of notice of a matter to be decided in sufficient form and detail to allow that

party to effectively assess the matter and to prepare advice on the matter;

(

b) the provision of a reasonable period of time

in which the party to be consulted may prepare its advice on the matter, and provision

of an opportunity to present such advice to the party obliged to consult;

(

c) full and fair consideration by the party

obligated to consult on any advice presented; and

(

d) the immediate provision of written reasons by

the party obligated to consult for any advice that is rejected or varied;

"Designated

Agency" means the government agencies, and departments, or their

successors, described in

Schedule 20-1 of the Nunavik Inuit Land Claims

Agreement signed December 1 st , 2006 ;

"Harvest"

means the reduction of Wildlife into possession and the attempt thereto, and

includes hunting, trapping, fishing, netting, egging, picking, collecting,

gathering, spearing, killing, capturing or taking by any means;

"Inuit

Domestic Harvest Level" has the same meaning as in

section 13.1.1;

"Inuit

Harvest Level" means the quantity of a species of population of Wildlife

or Plant established in accordance with

part 12.4;

"Labrador

Portion of the Overlap Area" means the area set out in

Schedule 24-C and

described in

Schedule 24-D;

"Nunavik

Inuk" or "Nunavik Inuit" means an Inuk or Inuit as defined under

the James Bay and Northern Qubec Agreement ;

"Nunavik

Marine Portion of the Overlap Area" means the area set out in

Schedule

24-E and described in

Schedule 24-F;

"Nunavik

Marine Region Wildlife Board" means the Board described in

part 5.2 of the

Nunavik Inuit Land Claims Agreement;

"Overlap

Agreement" means the "Agreement Relating to the Nunavik

Inuit/Labrador Inuit Overlap Area" between the Nunavik Inuit and the Inuit

of Labrador signed on November 24, 2005 ;

"Total

Allowable Harvest" has the same meaning as in

section 12.1.1;

"Total

Allowable Take" for a species, stock or population means an amount of

Wildlife able to be lawfully harvested as established by the Nunavik Marine

Region Wildlife Board pursuant to sections 5.2.10 and 5.2.11 of the Nunavik

Inuit Land Claims Agreement; and

"Wildlife"

means all terrestrial, aquatic, avian and amphibian flora and fauna ferae

naturae, and all parts and products thereof.

Part 24.2 Harvesting

24.2.1 Labrador Inuit have the right to Harvest

Wildlife in the Nunavik Marine Portion of the Overlap Area, as set out in this

chapter.

24.2.2 Labrador Inuit rights and obligations

respecting the Harvesting of Wildlife in the Nunavik Marine Portion of the Overlap

Area shall be the same as those of Nunavik Inuit under

Article 5 of the Nunavik

Inuit Land Claims Agreement, except Labrador Inuit do not have rights under

Article 5 -

part 2, sections 5.3.15, 5.3.16 and 5.3.17,

Article 5 - parts 4, 5

(except for sections 5.5.1 and 5.5.2), 6, 7 and 8 of the Nunavik Inuit Land

Claims Agreement.

24.2.3 In recommending a Basic Needs Level or

Adjusted Basic Needs Level for a stock, species or population of Wildlife in

the Nunavik Marine Portion of the Overlap Area under

section 5.2.3 of the

Nunavik Inuit Land Claims Agreement, the Nunavik Marine Region Wildlife Board

shall take into account historic and current harvesting of that stock, species

or population by Nunavik Inuit and Labrador Inuit.

24.2.4 Labrador Inuit shall determine with Nunavik

Inuit how to allocate any established Basic Needs Level or Adjusted Basic Needs

Level for a stock, species of population, between Nunavik Inuit and Labrador

Inuit. Their joint determination shall

be provided to the Nunavik Marine Region Wildlife Board. Any allocations under this

section shall not

exceed the Adjusted Basic Needs Level established for that stock, species or

population.

24.2.5 Nunavik Inuit and Labrador Inuit have the right

to share the right to harvest set out in sections 12.3.6 and 12.3.7 of this

Agreement and

section 5.3.7 of the Nunavik Inuit Land Claims Agreement, subject

to any applicable obligations, in the Labrador Portion of the Overlap Area and

the Nunavik Marine Portion of the Overlap Area.

The harvest shall not exceed the Total Allowable Harvest or the Total

Allowable Take within either of those overlap areas.

24.2.6 In recommending any Inuit Harvest Level in the

Labrador Portion of the Overlap Area under

section 12.4.5, the Nunatsiavut Government

shall take into account historic and current harvesting by Nunavik Inuit and

Labrador Inuit.

24.2.7 In recommending any Inuit Domestic Harvest

Level for a species or stock of Fish in the Labrador Portion of the Overlap

Area under

section 13.6.4, the Nunatsiavut Government shall take into account

historic and current harvesting of that species or stock by Nunavik Inuit and

Labrador Inuit.

Part 24.3 Park

Impacts and Benefits Agreement

24.3.1 Labrador Inuit and Parks Canada shall attempt

to harmonize the Labrador Inuit Park Impacts and Benefits Agreement for the

Torngat Mountains National Park Reserve of Canada with any Nunavik Inuit park

impacts and benefits agreement for the Torngat Mountains National Park Reserve

of Canada.

Part 24.4 Carving

Stone

24.4.1 Notwithstanding

section 4.6.9, Labrador Inuit

and Nunavik Inuit have agreed to share the right to extract Carving Stone in

the Labrador Portion of the Overlap Area.

Part 24.5 Archaeological

Resources

24.5.1 Where Archaeological Sites and Archaeological

Specimens are determined by Labrador Inuit and Nunavik Inuit to be those of

Labrador Inuit, or of both Labrador Inuit and Nunavik Inuit, Labrador Inuit

shall have the same rights and obligations as Nunavik Inuit with respect to the

treatment of those Archaeological Sites and Archaeological Specimens in the

Nunavik Marine Portion of the Overlap Area.

24.5.2 Upon receipt of an application for a permit to

conduct Archaeological Investigations in the Nunavik Marine Portion of the Overlap

Area, the Designated Agency, as the permitting authority, shall forward a copy

of the application to the Nunatsiavut Government as soon as practicable.

24.5.3 Prior to issuing a permit to conduct

Archaeological Investigations in the Nunavik Marine Portion of the Overlap

Area, the Designated Authority, as the permitting authority, shall Consult the

Nunatsiavut Government about the permit application, whether or not a permit

Part 24.6 Amendment

24.6.1 Canada

shall not agree, without the consent of Labrador Inuit, to any amendment of the

Nunavik Inuit Land Claims Agreement that would affect the rights of Labrador

Inuit in the Nunavik Marine Portion of the Overlap Area.

Schedule 24-B: Nunavik Inuit/Labrador Inuit Overlap Area

the event of a discrepancy between the illustrative map of

Schedule 24-A and

the written descriptions of

Schedule 24-B, this

Schedule shall prevail.

The

Nunavik Inuit / Labrador Inuit Overlap Area is bounded within the following:

1. Commencing at the Jurisdictional Boundary on the

southern shore of McLelan Strait ;

2. Thence westerly and southerly along the

boundary of Quebec to Cap Naujaat at the

intersection of 66 21'40"W longitude and approximately 5851'10"N

latitude;

3. Thence northerly, following the geodesic line,

to a point offshore northeast of Sallijukak Islet and northwest of Beacon

Island at the intersection of 5900'30"N latitude and 6621'45"W

longitude;

4. Thence northeasterly, following the geodesic

line, to a point at the intersection of 5910'20"N latitude and 6614'05"W

longitude;

5. Thence northerly, following the geodesic line,

to a point at the intersection of 5917'45"N latitude and 6613'40"W

longitude;

6. Thence northeasterly, following the geodesic

line, to a point at the intersection of 5925'30"N latitude and 6604'45"W

longitude;

7. Thence northeasterly, following the geodesic

line, to a point at the intersection of 5929'15"N latitude and 6558'20"W

longitude;

8. Thence northeasterly, following the geodesic

line, to a point at the intersection of 5934'55"N latitude and 6554'30"W

longitude;

9. Thence northwesterly, following the geodesic

line, to a point at the intersection of 5944'50"N latitude and 6557'10"W

longitude;

10. Thence northeasterly, following the geodesic

line, to a point at the intersection of 5949'05"N latitude and 6553'25"W

longitude;

11. Thence northeasterly, following the geodesic

line, to a point at the intersection of 6005'50"N latitude and 6529'45"W

longitude;

12. Thence northeasterly, following the geodesic

line, to a point at the intersection of 6024'30"N latitude and 6513'55"W

longitude;

13. Thence northerly, following the geodesic line,

to a point at the intersection of 6034'10"N latitude and 6511'45"W

longitude;

14. Thence northeasterly, following the geodesic

line, to a point northwest of the Button Islands at the intersection of 6045'00"N

latitude and 6457'45"W longitude;

15. Thence east along 6045'00"N latitude to

the intersection with a line every point of which is at a distance of 12 nautical

miles from the nearest point of the baselines described in the Territorial

Sea Geographical Coordinates Order issued pursuant to the Oceans Act ;

16. Thence in a general southerly direction

following the line every point of which is at a distance of 12 nautical miles

from the nearest point of the baselines described in the Territorial Sea

Geographical Coordinates Order issued pursuant to the Oceans Act to

the intersection of that limit with 5830'45"N latitude;

17. Thence westerly, following the geodesic line,

to a point south of Big Island at the intersection of 5830'45"N latitude

and 6238'20"W longitude;

18. Thence westerly, following the geodesic line,

to a point southeast of Rose Island at the intersection of 5830'20"N

latitude and 6253'55"W longitude;

19. Thence southwesterly, following the geodesic

line, to a point southwest of Upernavik Island at the intersection of 5828'10"N

latitude and 6259'45"W longitude;

20. Thence northwesterly, following the geodesic

line, to a point southwest of Branagin Island at the intersection of 5829'25"N

latitude and 6311'00"W longitude;

21. Thence westerly, following the geodesic line,

to point NP1 as illustrated in Canada Lands Survey Record 89784, dated February 01, 2005 and recorded in the Crown Lands Registry, St. John's , Newfoundland and Labrador under No. SP369;

22. Thence southwesterly and northwesterly

following the surveyed line to point NP13, as illustrated on Canada Lands

Survey Record 89784;

23. Thence northwesterly, extending the line from

NP13 through NP14 to a point where it intersects the Jurisdictional Boundary;

Thence northerly following said

Jurisdictional Boundary to the point of commencement.

The Nunavik Inuit / Labrador Inuit Overlap

Area, includes all the marine area, islands, lands and waters within the

bounded area excluding the following:

1. As illustrated in the Detail B, C and D of the

descriptive map plan prepared by the Department of Natural Resources Canada, Canada

Lands Survey Record 89788, dated November 15, 2004 and recorded in the Land Registry Office at St John's , Newfoundland and Labrador under Number SP 367:

Detail

B: Parcel 98-1 and Parcel " LAB 1"

Detail

C: Labrador Inuit Lands parcel LIL-01

Detail

D: Parcels A, B, C and D.

2. Water Lot WL-01, for greater certainty being

that lot adjacent to LIL-01.

For

greater certainty, all coordinates are in reference to the North American Datum

1983 (NAD 83).

Schedule 24-D: Labrador Portion of the Overlap Area

the event of a discrepancy between the illustrative map of

Schedule 24-C and

the written descriptions of

Schedule 24-D, this

Schedule shall prevail.

The

Labrador Portion of the Overlap Area illustrated on

Schedule 24-C is bounded

within the following:

1. Commencing at the intersection point of the Shoreline of Killiniq

Island at Cape Chidley with the Jurisdictional Boundary;

2. Thence northeasterly in a straight line to the point offshore at 6023'N

latitude and 6424'W longitude;

3. Thence northerly in a straight line to the point offshore at 6045'00"N

latitude and 6424'W longitude;

4. Thence proceeding east along 6045'00"N latitude to the

intersection with a line every point of which is at a distance of 12 nautical

miles from the nearest point of the baselines described in the Territorial

Sea Geographical Coordinates Order issued pursuant to the Oceans Act ;

5. Thence in a general southerly direction following the line every

point of which is at a distance of 12 nautical miles from the nearest point of

the baselines described in the Territorial Sea Geographical Coordinates

Order issued pursuant to the Oceans

Act to the intersection of that limit with 5830'45"N latitude;

6. Thence westerly, following the geodesic line, to a point south of

Big Island at the intersection of 5830'45"N latitude and 6238'20"W

longitude;

7. Thence westerly, following the geodesic line, to a point southeast

of Rose Island at the intersection of 5830'20"N latitude and 6253'55"W

longitude;

8. Thence southwesterly, following the geodesic line, to a point

southwest of Upernavik Island at the intersection of 5828'10"N latitude

and 6259'45"W longitude;

9. Thence northwesterly, following the geodesic line, to a point

southwest of Branagin Island at the intersection of 5829'25"N latitude

and 6311'00"W longitude;

10. Thence

westerly, following the geodesic line, to point NP1 as illustrated in Canada

Lands Survey Record 89784, dated February 01, 2005 and recorded in the Crown Lands Registry, St. John's , Newfoundland and Labrador under No. SP369;

11. Thence

southwesterly and northwesterly following the surveyed line to point NP13, as

illustrated on Canada Land Survey Records 89784;

12. Thence

northwesterly, extending the line from NP13 through NP14 to a point where it

intersects the Jurisdictional Boundary;

13. Thence

in a general northerly direction following said Jurisdictional Boundary to the

intersection with the southern shoreline of McLelan Strait ;

14. Thence

northeasterly to the intersection point of the Jurisdictional Boundary with the

northern shoreline of McLelan Strait on Killiniq Island ;

15. Thence

in a general northerly direction following said Jurisdictional Boundary to the point

of commencement.

The Labrador Portion of the Overlap Area,

includes all the marine area, islands, lands and waters within the bounded area

excluding the following:

1. As illustrated in the Detail B, C and D of the descriptive map plan

prepared by the Department of Natural Resources Canada, Canada Lands Survey

Record 89788, dated November 15, 2004 and recorded in the Crown Lands Registry at St John's , Newfoundland and Labrador under Number SP 367:

Detail B: Parcel 98-1 and

Parcel " LAB 1"

Detail C: Labrador Inuit

Lands parcel LIL-01

Detail D: Parcels A, B, C and

2. Water Lot WL-01, for greater certainty being that lot adjacent to

LIL-01.

For greater certainty, all coordinates are in

reference to the North American Datum 1983 (NAD 83)

Schedule 24-F: Nunavik

Marine Portion of the Overlap Area

In the event of a discrepancy between the

illustrative map of

Schedule 24-E and the written descriptions of

Schedule

24-F, this

Schedule shall prevail.

The Nunavik Marine Portion of the Overlap

Area as illustrated on

Schedule 24-E includes all the islands, lands and waters

bounded within the following:

Commencing at the Jurisdictional Boundary

on the southern shore of McLelan Strait ;

2. Thence westerly and southerly along the

boundary of Quebec to the intersection of 6621'40W longitude at Cap Naujaat,

at approximate 5851'10N latitude;

3. Thence northerly, following the geodesic

line, to a point offshore northeast of Sallijukak Islet and northwest of Beacon

Island at the intersection of 5900'30N latitude and 6621'45W longitude;

Thence northeasterly, following the

geodesic line, to a point at the intersection of 5910'20N latitude and

6614'05W longitude;

5. Thence northerly, following the geodesic

line, to a point at the intersection of 5917'45N latitude and 6613'40W

longitude;

Thence northeasterly, following the

geodesic line, to a point at the intersection of 5925'30N latitude and

6604'45W longitude;

Thence northeasterly, following the

geodesic line, to a point at the intersection of 5929'15N latitude and 6558'20W

longitude;

Thence northeasterly, following the

geodesic line, to a point at the intersection of 5934'55N latitude and

6554'30W longitude;

Thence northwesterly, following the

geodesic line, to a point at the intersection of 5944'50N latitude and

6557'10W longitude;

10. Thence northeasterly, following the geodesic

line, to a point at the intersection of 5949'05N latitude and 6553'25W longitude;

11. Thence northeasterly, following the geodesic

line, to a point at the intersection of 6005'50"N latitude and 6529'45W

longitude;

Thence northeasterly, following the

geodesic line, to a point at the intersection of 6024'30"N latitude and

6513'55W longitude;

Thence northerly, following the geodesic

line, to a point at the intersection of 6034'10"N latitude and 6511'45W

longitude;

Thence northeasterly, following the

geodesic line, to a point northwest of the Button Islands at the intersection

of 6045'00N latitude and 6457'45W longitude;

Thence east along 6045'00N latitude to

the intersection of 6424'W longitude, northeast of the Button Islands, being a

point coincident with the Labrador Inuit Settlement Area, as defined in the

Land Claims Agreement Between the Inuit of Labrador and Her Majesty the Queen

In Right Of Newfoundland and Labrador and Her Majesty The Queen In Right Of

Canada;

Thence

southerly and southwesterly, coincident with the Labrador Inuit Settlement

Area, to the point of commencement.

For greater certainty, all coordinates are in

reference to the North American Datum 1983 (NAD 83).

Commencement

4. This Act shall come into force on a day to be

proclaimed by the Lieutenant-Governor in Council.

Earl G. Tucker, Queen's Printer