Labrador Inuit Land Claimsagreement Act

S.N.L. 2004, c. L-3.1

Newfoundland and Labrador — Consolidated Statutes

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SNL2004

CHAPTER L-3.1

LABRADOR

INUIT

LAND

CLAIMS

AGREEMENT ACT

Amended:

2005 c18; 2006 c18; 2009 c36; 2009 c37; 2012 c21; 2023 cT-6.2 s324

CHAPTER L-3.1

AN ACT TO RATIFY AND GIVE THE FORCE OF LAW TO THE LABRADOR

INUIT

LAND

CLAIMS AGREEMENT

Analysis

Short title

Interpretation

PART I

LABRADOR

INUIT

LAND

CLAIMS AGREEMENT

Status of Agreement

Board powers and rights

Conflict

Authorization to sign

Ownership of land

Payment obligations

8.1

Tax Treatment Agreement

8.2

Application of municipal taxation to non-beneficiaries

Judicial notice and evidence of law

Statutes and Subordinate Legislation Act

Orders and regulations

Notice

Chapter 22 validity

Crown bound

PART II

CONSEQUENTIAL AMENDMENTS

Adoption Act

Aquaculture Act

Archives Act

Chattels Real Act

Child Care

Services Act

Child, Youth and Family Services Act

Childrens Law Act

Conveyancing Act

Crown Royalties Act

Detention of Intoxicated Persons Act

Electrical Power Control Act, 1994

Emergency Measures Act

Endangered Species Act

Environmental Protection Act

Executive Council Act

Exhumation Act

Expropriation Act

Family Law Act

Family Relief Act

Financial Administration Act

Fish Inspection Act

Forestry Act

Geographical Names Board Act

Health and Community Services Act

Historic Resources Act

Human Rights Code

Income and Employment Support Act

Intestate Succession Act

Judgment Enforcement Act

Lands Act

Limitations Act

Liquor Control Act

Mechanics' Lien Act

Mineral Act

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

Public Utilities Acquisition of Lands Act

Quarry Materials Act, 1998

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

BE IT ENACTED by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

This Act may be cited as the Labrador Inuit Land Claims Agreement Act.

2004 cL-3.1 s1

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Interpretation

(1)In this Act

(a)

"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;

(a.1)

"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; and

(b)

"Tax Treatment Agreement" means the Labrador Inuit Tax Treatment Agreement made between Her Majesty in right of Canada, Her Majesty in right of Newfoundland and Labrador and the Inuit of Labrador and signed on behalf of Canada on April 12, 2005, on behalf of Newfoundland and Labrador on March 24, 2005

and on behalf of the Inuit of Labrador on March 15, 2005 and amendments made to it.

(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.

2005 c18 s1 ; 2006 c18 s1

PART I

LABRADOR

INUIT

LAND

CLAIMS AGREEMENT

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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.

2004 cL-3.1 s3

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Board powers and rights

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.

2004 cL-3.1 s4

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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.

2004 cL-3.1 s5

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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.

2004 cL-3.1 s6

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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 persons 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.

2004 cL-3.1 s7

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Payment obligations

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.

2004 cL-3.1 s8

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Tax Treatment Agreement

8.1

(1)The Tax Treatment Agreement is ratified, given effect

and declared valid and has the force of law during the period that it is in effect.

(2) The Tax Treatment 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.

2005 c18 s2

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Application of municipal taxation to non-beneficiaries

8.2

(1) Notwithstanding that an Inuit Community is not a town as defined in the Towns and Local Service Districts Act,

the Inuit Community Council for an Inuit Community may impose upon Persons other than Inuit who are resident in that Inuit Community a tax, fee, assessment or levy described in

Part VII of the Towns and Local Service Districts Act.

and in the Taxation of Utilities and Cable Television Companies Act

(2) Where a tax, fee, assessment or levy is imposed upon Persons other than Inuit under subsection (1), the Towns and Local Service Districts Act,

Taxation of Utilities and Cable Television Companies Act

and the Assessment Act, 2006

shall apply to the Inuit Community Council imposing that tax, fee, assessment or levy as if that Inuit Community Council was a town council of a town as defined in the Towns and Local Service Districts Act.

(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.

2006 c18 s2 ; 2023 cT-6.2 s324

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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.

2004 cL-3.1 s9

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Statutes and Subordinate Legislation Act

An Inuit Law or Bylaw shall not be considered to be

subordinate legislation within the meaning of the Statutes and Subordinate Legislation Act.

2004 cL-3.1 s10

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Orders and regulations

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.

2004 cL-3.1 s11

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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.

2004 cL-3.1 s12

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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.

2004 cL-3.1 s13

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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.

2004 cL-3.1 s14

PART II

CONSEQUENTIAL AMENDMENTS

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SNL1999 cA-2.1 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.

2004 cL-3.1 s15

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RSNL1990 cA-13

as amended

The Aquaculture Act

is amended by adding immediately after

section 3 the following:

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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) 2004 cL-3.1 s16

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RSNL1990 cA-16 as amended

The Archives Act

is amended by adding immediately after

section 17 the following:

Labrador Inuit rights

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.

2004 cL-3.1 s17

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RSNL1990 cC-11

The Chattels Real Act

is amended by adding immediately after

section 5 the following:

Labrador Inuit rights

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.

2004 cL-3.1 s18

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SNL1998 cC-11.1 as amended

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) 2004 cL-3.1 s19

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SNL1998 cC-12.1 s amended

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.

2004 cL-3.1 s20

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RSNL1990 cC-13 as amended

The Childrens 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.

2004 cL-3.1 s21

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RSNL1990 cC-34 as amended

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.

2004 cL-3.1 s22

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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.

2004 cL-3.1 s23

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RSNL1990 cD-21

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.

2004 cL-3.1 s24

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SNL1994 cE-5.1 as amended

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) 2004 cL-3.1 s25

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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.

2004 cL-3.1 s26

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SNL2001 cE-10.1

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.

2004 cL-3.1 s27

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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

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.

2004 cL-3.1 s31

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RSNL1990 cF-2 as amended

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.

2004 cL-3.1 s32

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RSNL1990 cF-3

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.

2004 cL-3.1 s33

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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.

2004 cL-3.1 s34

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RSNL1990 cF-12 as amended

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) 2004 cL-3.1 s35

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RSNL1990 cF-23 as amended

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) 2004 cL-3.1 s36

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RSNL1990 cG-3 as amended

The Geographical Names Board Act

is amended by adding immediately after

section 8 the following:

Labrador Inuit rights

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.

2004 cL-3.1 s37

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SNL1995 cP-37.1 as amended

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.

2004 cL-3.1 s38

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RSNL1990 cH-4 as amended

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) 2004 cL-3.1 s39

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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) Voiseys 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)

Voiseys 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) Voiseys Bay Innu Impacts and Benefits Agreement dated July 29, 2002,

between

(

i) Innu Nation, a corporation incorporated under the laws of Canada,

and

(ii)

Voiseys 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.

2004 cL-3.1 s40

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SNL2002 cI-0.1

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.

2004 cL-3.1 s41

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RSNL1990 cI-21

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.

2004 cL-3.1 s42

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SNL1996 cJ-1.1 as amended

mended

(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.

2004 cL-3.1 s43

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SNL1991 c36 as amended

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) 2004 cL-3.1 s44

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SNL1995 cL-16.1 as amended

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.

2004 cL-3.1 s45

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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.

2004 cL-3.1 s46

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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.

2004 cL-3.1 s47

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RSNL1990 cM-12 as amended

The Mineral Act

is amended by adding immediately after

section 4 the following:

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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

2004 cL-3.1 s48

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RSNL1990 cM-14 as amended

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.

2004 cL-3.1 s49

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RSNL1990 cM-20 as amended

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.

2004 cL-3.1 s50

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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.

2004 cL-3.1 s51

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RSNL1990 cN-1 as amended

The National Parks Lands Act

is amended by adding immediately after

section 3 the following:

Labrador Inuit rights

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.

2004 cL-3.1 s52

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RSNL1990 cN-3 as amended

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.

2004 cL-3.1 s53

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RSNL1990 cP-10 as amended

The Petroleum and Natural Gas Act

is amended by adding immediately after

Labrador Inuit rights

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.

2004 cL-3.1 s59

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SNL1998 cQ-1.1

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) 2004 cL-3.1 s60

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RSNL1990 cQ-3 as amended

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.

2004 cL-3.1 s61

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SNL1997 cS-12.2 as amended

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.

2004 cL-3.1 s62

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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

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) 2004 cL-3.1 s66

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RSNL1990 cW-8 as amended

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) 2004 cL-3.1 s67

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RSNL1990 cW-9 as amended

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.

2004 cL-3.1 s68

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RSNL1990 cW-10

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.

2004 cL-3.1 s69

PART III

COMMENCEMENT

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Commencement

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

(In force - Dec. 1/05 with the exception of

ss. 4 & 5, 12-23, & 26-69 which came into force December 1, 2018).

2004 cL-3.1 s70

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Schedule

(See attachment)

2004 cL-3.1 Sch ; 2009 c36 ss1-3 ; 2009 c37 ss1-3 ; 2012 c21

Document details

Collection	Newfoundland and Labrador — Consolidated Statutes
Citation	S.N.L. 2004, c. L-3.1
Type	statute
Volume / chapter	l03-1
Language	en
Format	htm
Source	PROVINCIAL
Identifier	ef791ff2a782f872a1340e2486fe3362d05135c2

Source file is stored in the law ingest library (htm).