SNL2004 CHAPTER L-3.1 - LABRADOR INUIT LAND CLAIMSAGREEMENT ACT

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

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

2004 cL-3.1 s1

Interpretation

2. (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

Status of Agreement

3. (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

Board powers and rights

4. A board established under the Labrador Inuit Land Claims Agreement has the powers, rights, privileges and benefits conferred on that board and its members under the Labrador Inuit Land Claims Agreement and shall perform the duties and is subject to the liabilities imposed under that Agreement.

2004 cL-3.1 s4

Conflict

5. (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

Authorization to sign

6. (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

Ownership of land

7. (1) The Inuit own the estate in fee simple in Labrador Inuit Lands, subject to the terms set out in the Labrador Inuit Land Claims Agreement.

(2) A person’s interest in Labrador Inuit Lands other than the estate in Labrador Inuit Lands referred to in subsection (1) is, except where otherwise provided under the Labrador Inuit Land Claims Agreement, extinguished.

(3) A person whose interest has been extinguished under subsection (2) shall not bring an action to enforce or otherwise claim compensation in respect of that claim following the expiration of one year after the coming into force of this Act.

(4) The minister responsible for the administration of this Act under the Executive Council Act shall cause a certified copy of the description of the Labrador Inuit Lands and of the Map Atlas to be deposited with the Crown Lands Administration Division as defined under the Lands Act.

2004 cL-3.1 s7

Payment obligations

8. Subject to the Financial Administration Act, the Minister of Finance may, from money voted by the Legislature for the purpose, make payments as required that arise out of obligations of the government of the province under or in relation to the Labrador Inuit Land Claims Agreement.

2004 cL-3.1 s8

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

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

Judicial notice and evidence of law

9. (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

Statutes and Subordinate Legislation Act

10. An Inuit Law or Bylaw shall not be considered to be subordinate legislation within the meaning of the Statutes and Subordinate Legislation Act.

2004 cL-3.1 s10

Orders and regulations

11. The Lieutenant-Governor in Council may make orders and regulations for the purpose of carrying out a provision of this Act or of the Labrador Inuit Land Claims Agreement.

2004 cL-3.1 s11

Notice

12. (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;

(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

Chapter 22 validity

13. 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

Crown bound

14. (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

SNL1999 cA-2.1 amended
as

15. 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

RSNL1990 cA-13
as amended

16. The Aquaculture Act is amended by adding immediately after section 3 the following:

Labrador Inuit rights

3.1 (1) This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

(2) Where, under this Act, the minister issues an aquaculture licence he or she may add to that licence terms and conditions that the licensee must comply with in order to ensure compliance with the terms and conditions of the Labrador Inuit Land Claims Agreement Act .

2004 cL-3.1 s16

RSNL1990 cA-16 as amended

17. The Archives Act is amended by adding immediately after section 17 the following:

Labrador Inuit rights

18. This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s17

RSNL1990 cC-11

18. The Chattels Real Act is amended by adding immediately after section 5 the following:

Labrador Inuit rights

6. This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s18

SNL1998 cC-11.1 as amended

19. The Child Care Services Act is amended by adding immediately after section 3 the following:

Labrador Inuit rights

3.1 (1) This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

(2) Where, under this Act or regulations made under this Act, a director issues a licence he or she may add to that licence terms and conditions that the licensee must comply with in order to ensure compliance with the terms and conditions of the Labrador Inuit Land Claims Agreement Act.

2004 cL-3.1 s19

SNL1998 cC-12.1 s amended

20. The Child, Youth and Family Services Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

2.1 This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

2004 cL-3.1 s20

RSNL1990 cC-13 as amended

21. The Children’s Law Act is amended by adding immediately after section 5 the following:

Labrador Inuit rights

5.1 This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s21

RSNL1990 cC-34 as amended

22. The Conveyancing Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

2.1 This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s22

RSNL1990 cC-43 as amended

23. 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

RSNL1990 cD-21

24. The Detention of Intoxicated Persons Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

2004 cL-3.1 s24

SNL1994 cE-5.1 as amended

25. The Electrical Power Control Act, 1994 is amended by adding immediately after section 2 the following:

Labrador Inuit rights

2.1 (1) This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

(2) Where, under this Act the public utilities board issues a licence, the public utilities board may add to that licence terms and conditions that the licensee must comply with in order to ensure compliance with the terms and conditions of the Labrador Inuit Land Claims Agreement Act.

2004 cL-3.1 s25

RSNL1990 cE-8 as amended

26. 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

SNL2001 cE-10.1

27. The Endangered Species Act is amended by adding immediately after section 5 the following:

Labrador Inuit rights

5.1 This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

2004 cL-3.1 s27

SNL2002 cE-14.2

28. (1) Section 4 of the Environmental Protection Act is amended by adding immediately after subsection (4) the following:

(5) Notwithstanding subsections (1) to (4), this Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

(2) The Act is amended by adding immediately after section 4 the following:

Terms added to approvals, licences etc.

4.1 Where, under this Act, the minister issues an approval, licence or other authorization the minister may add to that approval, licence or other authorization terms and conditions that the holder of the approval, licence or authorization is required to comply with in order to ensure compliance with the terms and conditions of the Labrador Inuit Land Claims Agreement Act.

2004 cL-3.1 s28

SNL1995 cE-16.1 as amended

29. Section 10 of the Executive Council Act is amended by renumbering it as subsection 10(1) and by adding immediately after that subsection the following:

(2) A minister may enter into an agreement with the Nunatsiavut government respecting matters for which an agreement is required under the Labrador Inuit Land Claims Agreement Act.

(3) In subsection (2), "Nunatsiavut government" means the Nunatsiavut Government as defined in the Labrador Inuit Land Claims Agreement Act.

2004 cL-3.1 s29

RSNL1990 cE-18 as amended

30. The Exhumation Act is amended by adding immediately after section 5 the following:

Labrador Inuit rights

6. This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act, shall have precedence over the provision of this Act.

2004 cL-3.1 s30

RSNL1990 cE-19 as amended

31. The Expropriation Act is amended by adding immediately after section 3 the following:

Labrador Inuit rights

3.1 Notwithstanding section 3, this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s31

RSNL1990 cF-2 as amended

32. The Family Law Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

2004 cL-3.1 s32

RSNL1990 cF-3

33. The Family Relief Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

2.1 This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act, shall have precedence over the provision of this Act.

2004 cL-3.1 s33

RSNL1990 cF-8 as amended

34. 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

(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

RSNL1990 cF-12 as amended

35. The Fish Inspection Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

(2) Where, under this Act or regulations made under this Act, the minister issues a licence he or she may add to that licence terms and conditions that the licensee must comply with in order to ensure compliance with the terms and conditions of the Labrador Inuit Land Claims Agreement Act.

2004 cL-3.1 s35

RSNL1990 cF-23 as amended

36. The Forestry Act is amended by adding immediately after section 3 the following:

Labrador Inuit rights

3.1 (1) This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

(2) Where, under this Act or regulations made under this Act, the minister issues a permit or licence he or she may add to that permit or licence terms and conditions that the holder of the permit or licence must comply with in order to ensure compliance with the terms and conditions of the Labrador Inuit Land Claims Agreement Act.

2004 cL-3.1 s36

RSNL1990 cG-3 as amended

37. The Geographical Names Board Act is amended by adding immediately after section 8 the following:

Labrador Inuit rights

9. Notwithstanding sections 5 to 8, this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act, shall have precedence over the provision of this Act.

2004 cL-3.1 s37

SNL1995 cP-37.1 as amended

38. The Health and Community Services Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

2004 cL-3.1 s38

RSNL1990 cH-4 as amended

39. The Historic Resources Act is amended by adding immediately after section 3 the following:

Labrador Inuit rights

3.1 (1) This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act, shall have precedence over the provision of this Act.

(2) Where, under this Act or regulations made under this Act, the minister issues a permit he or she may add to that permit terms and conditions that the holder of the permit must comply with in order to ensure compliance with the terms and conditions of the Labrador Inuit Land Claims Agreement Act.

2004 cL-3.1 s39

RSNL1990 cH-14 as amended

40. (1) Section 4 of the Human Rights Code is amended by adding immediately after subsection (3) the following:

(4) A provision of the

(a) Voisey’s Bay Inuit Impacts and Benefits Agreement dated July 29, 2002 , between

(i) Labrador Inuit Association, a corporation incorporated under the laws of Newfoundland and Labrador , and

(ii) Voisey’s Bay Nickel Company Limited, a corporation incorporated under the laws of Newfoundland and Labrador, and

(iii) Inco Limited, a corporation incorporated under the laws of Canada; and

(b) Voisey’s Bay Innu Impacts and Benefits Agreement dated July 29, 2002, between

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

(ii) Voisey’s Bay Nickel Company Limited, a corporation incorporated under the laws of Newfoundland and Labrador, and

(iii) Inco Limited, a corporation incorporated under the laws of Canada,

by which preference respecting training, employment and contracting is given or agreed to be given to Inuit as defined under the agreement referred to in paragraph (a) or Innu as defined in the agreement referred to in paragraph (b) shall have effect notwithstanding this Act.

(5) Subsection (4) shall be considered to have come into force on July 29, 2002.

(2) The Act is amended by adding immediately after section 5.1 the following:

Labrador Inuit rights

5.2 Notwithstanding section 5, this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s40

SNL2002 cI-0.1

41. The Income and Employment Support Act is amended by adding immediately after section 3 the following:

Labrador Inuit rights

3.1 This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

2004 cL-3.1 s41

RSNL1990 cI-21

42. The Intestate Succession Act is amended by adding immediately after section 3 the following:

Labrador Inuit rights

3.1 This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act, shall have precedence over the provision of this Act.

2004 cL-3.1 s42

SNL1996 cJ-1.1 as amended
mended

43. (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

SNL1991 c36 as amended

44. The Lands Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

(2) Where, under this Act or regulations made under this Act, the minister issues or renews a lease, licence, easement or grant he or she may add to that lease, licence, easement or grant terms and conditions that the holder of the lease, licence, easement or grant must comply with in order to ensure compliance with the provisions, terms and conditions of the Labrador Inuit Land Claims Agreement Act.

2004 cL-3.1 s44

SNL1995 cL-16.1 as amended

45. The Limitations Act is amended by adding immediately after section 23 the following:

Labrador Inuit rights

23.1 Notwithstanding section 23, this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act the provision, term or condition of the Labrador Inuit Land Claims Agreement Act, shall have precedence over the provision of this Act.

2004 cL-3.1 s45

RSNL1990 cL-18 as amended

46. (1) The Liquor Control Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

(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

RSNL1990 cM-3 as amended

47. (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

RSNL1990 cM-12 as amended

48. The Mineral Act is amended by adding immediately after section 4 the following:

Labrador Inuit rights

4.1 (1) Notwithstanding section 4, this Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

(2) Where, under this Act or regulations made under this Act, the minister issues, extends or renews a licence, lease or approval he or she may add to that licence, lease or approval terms and conditions that the holder of the licence, lease or approval must comply with in order to ensure compliance with the provisions, terms and conditions of the Labrador Inuit Land Claims Agreement Act.

2004 cL-3.1 s48

RSNL1990 cM-14 as amended

49. The Mineral Holdings Impost Act is amended by adding after section 6 the following:

Labrador Inuit rights

6.1 This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

2004 cL-3.1 s49

RSNL1990 cM-20 as amended

50. The Motorized Snow Vehicles and All-Terrain Vehicles Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

2004 cL-3.1 s50

SNL1999 cM-24 as amended

51. 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

RSNL1990 cN-1 as amended

52. The National Parks Lands Act is amended by adding immediately after section 3 the following:

Labrador Inuit rights

4. This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s52

RSNL1990 cN-3 as amended

53. The Neglected Adults Welfare Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

2004 cL-3.1 s53

RSNL1990 cP-10 as amended

54. The Petroleum and Natural Gas Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

2004 cL-3.1 s54

RSNL1990 cP-32 as amended

55. The Provincial Parks Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

2004 cL-3.1 s55

RSNL1990 cP-43 as amended

56. The Public Service Commission Act is amended by adding immediately after section 4 the following:

Labrador Inuit rights

4.1 This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s56

RSNL1990 cP-45 as amended

57. The Public Tender Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

2004 cL-3.1 s57

RSNL1990 cP-47 as amended

58. The Public Utilities Act is amended by adding immediately after section 4.1 the following:

Labrador Inuit rights

4.2 This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s58

RSNL1990 cP-48

59. The Public Utilities Acquisition of Lands Act is amended by adding immediately after section 9 the following:

Labrador Inuit rights

10. Notwithstanding sections 3 to 9, this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s59

SNL1998 cQ-1.1

60. The Quarry Materials Act, 1998 is amended by adding immediately after section 3 the following:

Labrador Inuit rights

3.1 (1) This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

(2) Where, under this Act or regulations made under this Act, the minister issues a beach permit, lease, permit or subordinate permit he or she may add to that beach permit, lease, permit or subordinate permit terms and conditions that the holder of the beach permit, lease, permit or subordinate permit must comply with in order to ensure compliance with the provisions, terms and conditions of the Labrador Inuit Land Claims Agreement Act.

2004 cL-3.1 s60

RSNL1990 cQ-3 as amended

61. The Quieting of Titles Act is amended by adding immediately after section 3 the following:

Labrador Inuit rights

3.1 This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s61

SNL1997 cS-12.2 as amended

62. The Schools Act, 1997 is amended by adding immediately after section 2 the following:

Labrador Inuit rights

2.1 This Act and regulations and orders made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act, regulation or order made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s62

RSNL1990 cS-19 as amended

63. (1) The Solemnization of Marriage Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

2.1 This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Lands Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

(2) The Act is amended by adding immediately after section 6 the following:

Inuit marriage

6.1 Notwithstanding sections 3, 4 and 5, a marriage solemnized in accordance with Inuit Laws and Bylaws made in accordance with the Labrador Inuit Land Claims Agreement Act shall be considered to be valid.

2004 cL-3.1 s63

RSNL1990 cS-31 as amended

64. The Support Orders Enforcement Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

2004 cL-3.1 s64

SNL2000 cU-8 as amended

65. The Urban and Rural Planning Act, 2000 is amended by adding immediately after section 3 the following:

Labrador Inuit rights

2004 cL-3.1 s65

SNL2002 cW-4.01

66. The Water Resources Act is amended by adding immediately after section 2 the following:

Labrador Inuit rights

(2) Where, under this Act, the minister issues a permit or licence the minister may add to that permit or licence terms and conditions that the holder of the permit or licence is required to comply with in order to ensure compliance with the terms and conditions of the Labrador Inuit Land Claims Agreement Act.

2004 cL-3.1 s66

RSNL1990 cW-8 as amended

67. The Wild Life Act is amended by adding immediately after section 3 the following:

Labrador Inuit rights

3.1 (1) This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

(2) Where, under this Act or regulations made under this Act, the minister issues a licence, he or she may add to that licence terms and conditions that the holder of the licence must comply with in order to ensure compliance with the provisions, terms and conditions of the Labrador Inuit Land Claims Agreement Act.

2004 cL-3.1 s67

RSNL1990 cW-9 as amended

68. The Wilderness and Ecological Reserves Act is amended by adding immediately after section 3 the following:

Labrador Inuit rights

3.1 Notwithstanding section 3, this Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

2004 cL-3.1 s68

RSNL1990 cW-10

69. The Wills Act is amended by adding immediately after section 21 the following:

Labrador Inuit rights

21.1 This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s69

PART III
COMMENCEMENT

Commencement

70. 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

Schedule

(See attachment)

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

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