First Session, Thirty-eighth Parliament,
53-54 Elizabeth II, 2004-2005
STATUTES OF CANADA 2005CHAPTER 27
An Act to give effect to the Labrador Inuit Land Claims Agreement and the Labrador Inuit Tax Treatment Agreement
ASSENTED TO
23rd JUNE, 2005
BILL C-56
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to give effect to the Labrador Inuit Land Claims Agreement and the Labrador Inuit Tax Treatment Agreement”.
SUMMARY
This enactment gives effect to the Labrador Inuit Land Claims Agreement and the Labrador Inuit Tax Treatment Agreement. It also includes consequential amendments to certain Acts.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
TABLE OF PROVISIONS
LABRADOR INUIT LAND CLAIMS AGREEMENT ACT
Preamble
SHORT TITLE
1.       Short title
INTERPRETATION
2.       Definitions
3.       Status of Agreement
HER MAJESTY
4.       Act binding on Her Majesty
AGREEMENT
5.       Agreement given effect
6.       Inconsistency with Agreement
APPROPRIATION
7.       Payments out of C.R.F.
TAXATION
8.       Tax Treatment Agreement given effect
9.       Not a treaty
GENERAL
10.       Judicial notice of Agreements
11.       Judicial notice of Inuit laws and Inuit bylaws
12.       Statutory Instruments Act
13.       Orders and regulations
14.       Chapter 22 of Agreement
15.       Notice of issues arising
CONSEQUENTIAL AMENDMENTS
16.       Access to Information Act
17.       Canada National Parks Act
18.       Canada-Newfoundland Atlantic Accord Implementation Act
19.       Lobbyists Registration Act
20.       Payments in Lieu of Taxes Act
21.       Privacy Act
COORDINATING AMENDMENTS
22.       Access to Information Act
23.       Lobbyists Registration Act
24.       Payments in Lieu of Taxes Act
25.       Privacy Act
26.       Other amendments
COMING INTO FORCE
27.       Order in council
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53-54 ELIZABETH II
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CHAPTER 27
An Act to give effect to the Labrador Inuit Land Claims Agreement and the Labrador Inuit Tax Treatment Agreement
[Assented to 23rd June, 2005]
Preamble
WHEREAS the Constitution Act, 1982 rec- ognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada;
WHEREAS the Inuit of Labrador are an aboriginal people of Canada;
WHEREAS the Inuit of Labrador claim aboriginal rights in and to the Labrador Inuit Land Claims Area, as defined in the Agreement, based on their traditional and current use and occupancy of the lands, waters and sea ice of the Labrador Inuit Land Claims Area in accordance with their own customs and traditions;
WHEREAS the Inuit of Labrador, as represented by the Labrador Inuit Association, the Government of Newfoundland and Labrador and the Government of Canada have negotiated the Agreement;
WHEREAS the Inuit of Labrador, by a vote held on May 26, 2004, approved the Agreement;
WHEREAS on December 6, 2004, the Legislature of the Province of Newfoundland and Labrador enacted the Labrador Inuit Land Claims Agreement Act to ratify the Agreement;
WHEREAS the Agreement was signed on behalf of the Inuit of Labrador, Her Majesty the Queen in right of Newfoundland and Labrador and Her Majesty the Queen in right of Canada on January 22, 2005;
AND WHEREAS the Agreement requires that legislation be enacted by the Parliament of Canada in order for the Agreement to be ratified;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Labrador Inuit Land Claims Agreement Act.
INTERPRETATION
Definitions
2. The following definitions apply in this Act.
“Agreement”« Accord »
“Agreement” means the land claims agreement signed on behalf of the Inuit of Labrador, Her Majesty the Queen in right of Newfoundland and Labrador and Her Majesty the Queen in right of Canada on January 22, 2005, including any amendments made to it.
“Inuit bylaw”« règlement inuit »
“Inuit bylaw” means a Bylaw as defined in section 1.1.1 of the Agreement.
“Inuit law”« loi inuite »
“Inuit law” means an Inuit Law as defined in section 1.1.1 of the Agreement.
“Nunatsiavut Government”« gouvernement nunatsiavut »
“Nunatsiavut Government” means the government established pursuant to subsection 17.3.3(a) of the Agreement.
“Tax Treatment Agreement”« accord sur le traitement fiscal »
“Tax Treatment Agreement” means the tax treatment agreement signed on behalf of the Inuit of Labrador on March 15, 2005, Her Majesty the Queen in right of Newfoundland and Labrador on March 24, 2005 and Her Majesty the Queen in right of Canada on April 12, 2005, including any amendments made to it.
Status of Agreement
3. The Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.
HER MAJESTY
Act binding on Her Majesty
4. (1) This Act is binding on Her Majesty in right of Canada or of a province so as to give effect to the Agreement in accordance with its terms.
Inuit laws and bylaws
(2) Nothing in subsection (1) has the effect of rendering Her Majesty in right of Canada or of a province bound by Inuit laws or Inuit bylaws.
AGREEMENT
Agreement given effect
5. (1) The Agreement is approved, given effect and declared valid and has the force of law.
Rights and obligations
(2) For greater certainty, any person or body has the powers, rights, privileges and benefits conferred on the person or body by the Agreement and shall perform the duties, and is subject to the liabilities, imposed on the person or body by the Agreement.
Third parties
(3) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies that are not parties to it.
Saving
(4) Despite subsection (3), sections 17.27.8 and 17.27.9 of the Agreement may be invoked only by Her Majesty in right of Canada or by the Nunatsiavut Government.
Inconsistency with Agreement
6. (1) In the event of an inconsistency or a conflict between the Agreement and any federal or provincial law, including this Act, the Agreement prevails to the extent of the inconsistency or conflict.
Inconsistency with Act
(2) In the event of an inconsistency or a conflict between this Act and any other federal or provincial law, this Act prevails to the extent of the inconsistency or conflict.
APPROPRIATION
Payments out of C.R.F.
7. There shall be paid out of the Consolidated Revenue Fund any sums that are required to meet the monetary obligations of Her Majesty in right of Canada under chapters 18, 19 and 23 of the Agreement.
TAXATION
Tax Treatment Agreement given effect
8. The Tax Treatment Agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect.
Not a treaty
9. The Tax Treatment Agreement does not form part of the Agreement and is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.
GENERAL
Judicial notice of Agreements
10. (1) Judicial notice shall be taken of the Agreement and the Tax Treatment Agreement.
Publication of Agreements
(2) The Agreement and the Tax Treatment Agreement shall be published by the Queen’s Printer.
Evidence
(3) A copy of the Agreement or the Tax Treatment Agreement published by the Queen’s Printer is evidence of that agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is deemed to be so published, unless the contrary is shown.
Judicial notice of Inuit laws and Inuit bylaws
11. (1) Judicial notice shall be taken of Inuit laws and Inuit bylaws.
Evidence of Inuit laws and bylaws
(2) A copy of an Inuit law or an Inuit bylaw purporting to be deposited in a public registry of laws referred to in section 17.5.1 or 17.5.2 of the Agreement is evidence of that law or bylaw and of its contents, unless the contrary is shown.
Statutory Instruments Act
12. For greater certainty, Inuit laws and Inuit bylaws are not statutory instruments within the meaning of the Statutory Instruments Act.
Orders and regulations
13. The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out any of the provisions of the Agreement or of the Tax Treatment Agreement.
Chapter 22 of Agreement
14. Despite subsection 5(1), chapter 22 of the Agreement is deemed to have effect from August 29, 2003.
Notice of issues arising
15. (1) If, in any judicial or administrative proceeding, an issue arises in respect of
(a) the interpretation or validity of the Agreement, or
(b) the validity or applicability of this Act, the enactment by the Legislature of the Province of Newfoundland and Labrador entitled the Labrador Inuit Land Claims Agreement Act or any Inuit law or Inuit bylaw,
the issue shall not be decided until the party raising the issue has served notice on the Attorney General of Canada, the Attorney General of Newfoundland and Labrador and the Nunatsiavut Government.
Content of notice
(2) The notice 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 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 authorizes a shorter period.
Participation in proceedings
(3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of Canada, the Attorney General of Newfoundland and Labrador and the Nunatsiavut Government may appear and participate in the proceeding as parties with the same rights as any other party.
Saving
(4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.
CONSEQUENTIAL AMENDMENTS
R.S., c. A-1
Access to Information Act
16. Subsection 13(3) of the Access to Information Act is amended by striking out the word “or” at the end of paragraph (a), by adding the word “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act.
2000, c. 32
Canada National Parks Act
17. Schedule 2 to the Canada National Parks Act is amended by adding the following after the description of Gwaii Haanas National Park Reserve of Canada:
Torngat Mountains National Park Reserve of Canada
All that parcel of land in the Province of Newfoundland and Labrador shown on a descriptive map plan prepared by the Department of Natural Resources, dated November 15, 2004 and recorded in the Crown Lands Registry Office in St. John’s, Newfoundland and Labrador, under number SP 367; a copy of the plan is attached as appendix D-1 to the Agreement, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act; said parcel contains an area of approximately 9 700 square kilometres.
1987, c. 3
Canada-Newfoundland Atlantic Accord Implementation Act
1992, c. 35, s. 44
18. Paragraph 4(b) of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:
(b) any other Act of Parliament that applies to the offshore area or any regulations made under that Act, except the Labrador Inuit Land Claims Agreement Act,
R.S., c. 44 (4th Supp.)
Lobbyists Registration Act
19. Subsection 4(1) of the Lobbyists Registration Act is amended by adding the following after paragraph (d.3):
(d.4) members or employees of the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act, or persons on the staff of those members;
R.S., c. M-13; 2000, c. 8, s. 2
Payments in Lieu of Taxes Act
20. The definition “taxing authority” in subsection 2(1) of the Payments in Lieu of Taxes Act is amended by striking out the word “or” at the end of paragraph (e), by adding the word “or” at the end of paragraph (f) and by adding the following after paragraph (f):
(g) the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act, or an Inuit Community Government, as defined in section 1.1.1 of the Labrador Inuit Land Claims Agreement approved by that Act, if it levies and collects a real property tax or a frontage or area tax in respect of Labrador Inuit Lands or Community Lands, as defined in section 1.1.1 of that Agreement, as the case may be.
R.S., c. P-21
Privacy Act
21. Subsection 8(7) of the Privacy Act is amended by striking out the word “or” at the end of paragraph (a), by adding the word “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act.
COORDINATING AMENDMENTS
R.S., c. A-1
Access to Information Act
22. (1) If the Tlicho Land Claims and Self-Government Act, chapter 1 of the Statutes of Canada, 2005 (the “other Act”), comes into force before section 16 of this Act, then, on the coming into force of the other Act, section 16 of this Act is replaced by the following:
16. Subsection 13(3) of the Access to Information Act is amended by striking out the word “or” at the end of paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act.
(2) If section 16 of this Act comes into force before the other Act, then, on the coming into force of the other Act, subsection 13(3) of the Access to Information Act is amended by striking out the word “or” at the end of paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act.
R.S., c. 44 (4th Supp.)
Lobbyists Registration Act
23. (1) If the Tlicho Land Claims and Self-Government Act, chapter 1 of the Statutes of Canada, 2005 (the “other Act”), comes into force before section 19 of this Act, then, on the coming into force of the other Act, section 19 of this Act is replaced by the following:
19. Subsection 4(1) of the Lobbyists Registration Act is amended by adding the following after paragraph (d.4):
(d.5) members or employees of the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act, or persons on the staff of those members;
(2) If section 19 of this Act comes into force before the other Act, then, on the coming into force of the other Act, paragraph 4(1)(d.4) of the Lobbyists Registration Act, as enacted by section 19 of this Act, is replaced by the following:
(d.5) members or employees of the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act, or persons on the staff of those members;
R.S., c. M-13; 2000, c. 8, s. 2
Payments in Lieu of Taxes Act
24. (1) If the Tlicho Land Claims and Self-Government Act, chapter 1 of the Statutes of Canada, 2005 (the “other Act”), comes into force before section 20 of this Act, then, on the coming into force of the other Act, section 20 of this Act is replaced by the following:
20. The definition “taxing authority” in subsection 2(1) of the Payments in Lieu of Taxes Act is amended by striking out the word “or” at the end of paragraph (f), by adding the word “or” at the end of paragraph (g) and by adding the following after paragraph (g):
(h) the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act, or an Inuit Community Government, as defined in section 1.1.1 of the Labrador Inuit Land Claims Agreement approved by that Act, if it levies and collects a real property tax or a frontage or area tax in respect of Labrador Inuit Lands or Community Lands, as defined in section 1.1.1 of that Agreement, as the case may be.
(2) If section 20 of this Act comes into force before the other Act, then, on the coming into force of the other Act, the definition “taxing authority” in subsection 2(1) of the Payments in Lieu of Taxes Act is amended by striking out the word “or” at the end of paragraph (f), by adding the word “or” at the end of paragraph (g) and by replacing paragraph (g), as enacted by section 20 of this Act, with the following:
(h) the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act, or an Inuit Community Government, as defined in section 1.1.1 of the Labrador Inuit Land Claims Agreement approved by that Act, if it levies and collects a real property tax or a frontage or area tax in respect of Labrador Inuit Lands or Community Lands, as defined in section 1.1.1 of that Agreement, as the case may be.
R.S., c. P-21
Privacy Act
25. (1) If the Tlicho Land Claims and Self-Government Act, chapter 1 of the Statutes of Canada, 2005 (the “other Act”), comes into force before section 21 of this Act, then, on the coming into force of the other Act, section 21 of this Act is replaced by the following:
21. Subsection 8(7) of the Privacy Act is amended by striking out the word “or” at the end of paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act.
(2) If section 21 of this Act comes into force before the other Act, then, on the coming into force of the other Act, subsection 8(7) of the Privacy Act is amended by striking out the word “or” at the end of paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) the Nunatsiavut Government, as defined in section 2 of the Labrador Inuit Land Claims Agreement Act.
Other Amendments
2003, c. 10
26. (1) If subsection 3(1) of An Act to amend the Lobbyists Registration Act, chapter 10 of the Statutes of Canada, 2003 (the “other Act”), comes into force before the coming into force of section 19 of this Act, then, on the later of the coming into force of that subsection 3(1) and the day on which this Act receives royal assent, section 19 of this Act and the heading before it are repealed.
(2) If subsection 3(1) of the other Act comes into force after the day on which section 19 of this Act comes into force and section 23 of this Act has not had its effect, then, on the coming into force of that subsection 3(1), section 23 of this Act and the heading before it and paragraph 4(1)(d.4) of the Lobbyists Registration Act, as enacted by section 19 of this Act, are repealed.
(3) If subsection 3(1) of the other Act comes into force after the day on which section 19 of this Act comes into force and section 23 of this Act has had its effect, then, on the coming into force of that subsection 3(1), paragraph 4(1)(d.5) of the Lobbyists Registration Act is repealed.
COMING INTO FORCE
Order in council
27. This Act, other than sections 22 to 26, comes into force on a day to be fixed by order of the Governor in Council.
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