Third

Session, 45th General Assembly

Elizabeth II, 2006

BILL 28

AN ACT TO AMEND THE LABRADOR INUIT LAND CLAIMS AGREEMENT ACT

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

Second Reading .................................................................................................................................

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

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

THOMAS G. RIDEOUT

Minister of Fisheries and Aquaculture and

Minister Responsible for Aboriginal Affairs

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

The purpose of this Bill is to allow

an Inuit Community Council as described in the Labrador Inuit Land Claims Agreement Act to tax persons other than

Inuit as if the Inuit Community was a municipality acting under the Municipalities Act, 1999 . This Bill

would also ratify the Labrador Inuit Framework Taxation Agreement.

A BILL

AN ACT TO AMEND THE LABRADOR INUIT LAND CLAIMS

AGREEMENT ACT

Analysis

S. 2 Amdt.

Interpretation

2. S.8.2 Added

Application of municipal taxation to non-beneficiaries

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2004 cL-3.1

as amended

1. Subsection 2(1) of the Labrador Inuit Land Claims Agreement Act is amended by

(

a) deleting the word "and" at the end

of paragraph (a);

(

b) deleting the period at the end of paragraph

(

b) and substituting a semi colon and the word "and"; and

(

c) adding immediately after paragraph (

b) the

following:

(c) "Labrador Inuit Framework Taxation

Agreement" means the Labrador Inuit Framework Taxation Agreement made on May 5, 2006 between Her Majesty in Right of Newfoundland and Labrador and the Nunatsiavut

Government and amendments made to it.

2. The Act is amended by adding immediately after

section 8.1 the following:

Application of

municipal taxation to non-beneficiaries

8.2

(1) Notwithstanding

that in accordance with subsections 3(4) and (5) of the Municipalities Act, 1999 an Inuit Community is no longer a

municipality as defined in that Act, the Inuit Community Council for that Inuit

Community may impose upon Persons other than Inuit who are resident in that

Inuit Community a tax, assessment or levy described in Parts V and VI of the Municipalities Act, 1999 and in the Taxation of Utilities and Cable Television

Companies Act .

(2) Where a tax, assessment or levy is imposed

upon Persons other than Inuit under subsection (1), the Municipalities Act, 1999 , Taxation

of Utilities and Cable Television Companies Act and the Assessment Act shall apply to the Inuit

Community Council imposing that tax, assessment or levy as if that Inuit

Community Council was a council of a municipality as defined in the Municipalities Act, 1999.

(3) The Labrador Inuit Framework Taxation

Agreement is ratified, given effect and declared valid and has the force of law

during the period that it is in effect.

(4) The Labrador Inuit Framework Taxation

Agreement does not form a part of the Labrador Inuit Land Claims Agreement and

is not a treaty or a land claims agreement within the meaning of sections 25

and 35 of the Constitution Act, 1982 .

Commencement

3. This Act comes into force on the date that an Inuit

Community ceases to be a municipality in accordance with subsections 3(4) and

(5) of the Municipalities Act, 1999 .

Earl G. Tucker, Queen's Printer