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Second Session, 46th General Assembly 58 Elizabeth II, 2009 |
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AN ACT TO AMEND THE |
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Received and Read the First Time.................................................................... |
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Second
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Committee....................................................................................................... |
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Third
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Royal Assent................................................................................................... |
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HONOURABLE
PATTY POTTLE Minister of Aboriginal Affairs |
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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. |
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A AN ACT TO AMEND THE Analysis 1.
Sch. Amdt. 2.
Sch. Amdt. 3.
Sch. Amdt. 4. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: SNL2004 cL-3.1 1. Schedule 2-A of the Schedule to the Labrador Inuit Land Claims Agreement Act is repealed and the following substituted:
2. Schedule 19-A of the Schedule to the Act is repealed and substituted: Schedule 19-A: Capital Transfer Payments Schedule
3. The Schedule to the Act is amended by adding immediately after Chapter 23 the following: Chapter 24:
Nunavik Inuit/Labrador Inuit 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 "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 Québec 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 "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
should be issued and, if so, the terms and conditions to be attached to it. Part 24.6 Amendment 24.6.1
Schedule 24-B: Nunavik Inuit/Labrador Inuit Overlap Area In
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 2. Thence westerly and southerly along the
boundary of Quebec to Cap Naujaat at the
intersection of 66°21'40"W longitude and approximately 58°51'10"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 59°00'30"N latitude and 66°21'45"W longitude; 4. Thence northeasterly, following the geodesic
line, to a point at the intersection of 59°10'20"N latitude and 66°14'05"W
longitude; 5. Thence northerly, following the geodesic line,
to a point at the intersection of 59°17'45"N latitude and 66°13'40"W
longitude; 6. Thence northeasterly, following the geodesic
line, to a point at the intersection of 59°25'30"N latitude and 66°04'45"W
longitude; 7. Thence northeasterly, following the geodesic
line, to a point at the intersection of 59°29'15"N latitude and 65°58'20"W
longitude; 8. Thence northeasterly, following the geodesic
line, to a point at the intersection of 59°34'55"N latitude and 65°54'30"W
longitude; 9. Thence northwesterly, following the geodesic
line, to a point at the intersection of 59°44'50"N latitude and 65°57'10"W
longitude; 10. Thence northeasterly, following the geodesic
line, to a point at the intersection of 59°49'05"N latitude and 65°53'25"W
longitude; 11. Thence northeasterly, following the geodesic line, to a point at the intersection of 60°05'50"N latitude and 65°29'45"W longitude; 12. Thence northeasterly, following the geodesic
line, to a point at the intersection of 60°24'30"N latitude and 65°13'55"W
longitude; 13. Thence northerly, following the geodesic line,
to a point at the intersection of 60°34'10"N latitude and 65°11'45"W
longitude; 14. Thence northeasterly, following the geodesic
line, to a point northwest of the Button Islands at the intersection of 60°45'00"N
latitude and 64°57'45"W longitude; 15. Thence east along 60°45'00"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 58°30'45"N latitude; 17. Thence westerly, following the geodesic line, to a point south of Big Island at the intersection of 58°30'45"N latitude and 62°38'20"W longitude; 18. Thence westerly, following the geodesic line, to a point southeast of Rose Island at the intersection of 58°30'20"N latitude and 62°53'55"W longitude; 19. Thence southwesterly, following the geodesic
line, to a point southwest of Upernavik Island at the intersection of 58°28'10"N
latitude and 62°59'45"W longitude; 20. Thence northwesterly, following the geodesic
line, to a point southwest of Branagin Island at the intersection of 58°29'25"N
latitude and 63°11'00"W longitude; 21. Thence westerly, following the geodesic line,
to point NP1 as illustrated in Canada Lands Survey Record 89784, dated 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 Detail
B: Parcel 98-1 and Parcel " 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).
In
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 2. Thence northeasterly in a straight line to the point offshore at 60°23'N
latitude and 64°24'W longitude; 3. Thence northerly in a straight line to the point offshore at 60°45'00"N
latitude and 64°24'W longitude; 4. Thence proceeding east along 60°45'00"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 58°30'45"N latitude; 6. Thence westerly, following the geodesic line, to a point south of
Big Island at the intersection of 58°30'45"N latitude and 62°38'20"W
longitude; 7. Thence westerly, following the geodesic line, to a point southeast
of Rose Island at the intersection of 58°30'20"N latitude and 62°53'55"W
longitude; 8. Thence southwesterly, following the geodesic line, to a point
southwest of Upernavik Island at the intersection of 58°28'10"N latitude
and 62°59'45"W longitude; 9. Thence northwesterly, following the geodesic line, to a point
southwest of Branagin Island at the intersection of 58°29'25"N latitude
and 63°11'00"W longitude; 10. Thence
westerly, following the geodesic line, to point NP1 as illustrated in Canada
Lands Survey Record 89784, dated 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 14. Thence
northeasterly to the intersection point of the Jurisdictional Boundary with the
northern shoreline of 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 Detail B: Parcel 98-1 and
Parcel " 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)
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: 1.
Commencing at the Jurisdictional Boundary
on the southern shore of 2. Thence westerly and southerly along the
boundary of Quebec to the intersection of 66°21'40”W longitude at Cap Naujaat,
at approximate 58°51'10”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 59°00'30”N latitude and 66°21'45”W longitude; 4.
Thence northeasterly, following the
geodesic line, to a point at the intersection of 59°10'20”N latitude and
66°14'05”W longitude; 5. Thence northerly, following the geodesic
line, to a point at the intersection of 59°17'45”N latitude and 66°13'40”W
longitude; 6.
Thence northeasterly, following the
geodesic line, to a point at the intersection of 59°25'30”N latitude and
66°04'45”W longitude; 7.
Thence northeasterly, following the
geodesic line, to a point at the intersection of 59°29'15”N latitude and 65°58'20”W
longitude; 8.
Thence northeasterly, following the
geodesic line, to a point at the intersection of 59°34'55”N latitude and
65°54'30”W longitude; 9.
Thence northwesterly, following the
geodesic line, to a point at the intersection of 59°44'50”N latitude and
65°57'10”W longitude; 10. Thence northeasterly, following the geodesic
line, to a point at the intersection of 59°49'05”N latitude and 65°53'25”W longitude; 11. Thence northeasterly, following the geodesic
line, to a point at the intersection of 60°05'50"N latitude and 65°29'45”W
longitude; 12.
Thence northeasterly, following the
geodesic line, to a point at the intersection of 60°24'30"N latitude and
65°13'55”W longitude; 13.
Thence northerly, following the geodesic
line, to a point at the intersection of 60°34'10"N latitude and 65°11'45”W
longitude; 14.
Thence northeasterly, following the
geodesic line, to a point northwest of the Button Islands at the intersection
of 60°45'00”N latitude and 64°57'45”W longitude; 15.
Thence east along 60°45'00”N latitude to
the intersection of 64°24'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 |