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

PDF Version   (888 Kb, 322 Pages)

  

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


Table of Contents


Parties and Preamble

THIS LAND CLAIMS AGREEMENT

BETWEEN:

The Inuit of Labrador as represented by Labrador Inuit Association

AND:

Her Majesty the Queen in right of Newfoundland and Labrador

AND:

Her Majesty the Queen in right of Canada

WITNESSES THAT WHEREAS:

  1. Inuit claim aboriginal rights in and to the Labrador Inuit Land Claims Area 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;
  2. Inuit are an aboriginal people of Canada;
  3. Inuit have never entered into a treaty or land claims agreement with the Crown;
  4. The Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada, and "treaty rights" includes rights that may be acquired by way of land claims agreements; and
  5. The Agreement sets out principles for the establishment of a free and democratic government for Inuit;

NOW THE PARTIES AGREE AS FOLLOWS:





Chapter 1: General Definitions and Interpretation

Part 1.1 Definitions

1.1.1 In the Agreement, unless otherwise provided:

"Agreement" means this land claims agreement and its preamble, schedules, appendices and Map Atlas;

"Aquaculture" means the production, breeding, holding or raising of Fish and the cultivation or culture of Aquatic Plants and includes sea and river ranching but does not include the holding of Fish or Aquatic Plants in an aquarium for non- commercial purposes or the holding of Fish or Aquatic Plants for experimental purposes;

"Aquatic Plant" means all marine and freshwater plants and includes all benthic and attached algae, kelp, marine flowering plants, brown algae, red algae, green algae, phytoplankton and other plants that complete their entire life cycle in water;

"Arbitration Decision" means a ruling, order, award or decision of an Arbitration Panel;

"Arbitration Panel" means the individual or individuals responsible under section 21.6.9 for arbitrating a Dispute;

"Archaeological Activity" means physical activity carried out in the Labrador Inuit Settlement Area in connection with the discovery, recovery or field study of the remains of pre-contact and post-contact periods and includes an "archaeological investigation" as defined in the Historic Resources Act, RSNL 1990, c. H-4 and any activity that disturbs or may result in the disturbance of an Archaeological Site or Archaeological Material;

"Archaeological Material" means an object of archaeological importance, interest or significance found in whole or in part on or in land in the Labrador Inuit Settlement Area and includes an "archaeological object" as defined in the Historic Resources Act, RSNL 1990, c. H-4, but does not include Inuit Cultural Material;

"Archaeological Site" means land in the Labrador Inuit Settlement Area containing Archaeological Material or where an Archaeological Activity is conducted;

"Archival Record" means a record of historical value and includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine readable record, and any other documentary material, regardless of physical form or characteristics;

"Aullâvik" means a settlement, camp or place in the Labrador Inuit Settlement Area other than a community, occupied by Inuit families or groups of Inuit on a seasonal, semi-permanent or permanent basis for hunti hunting, fishing, trapping or gathering and for the use and enjoyment of the lands, waters and ocean of the Labrador Inuit Settlement Area, but does not include:

  1. a transient hunting camp or a site randomly occupied for a few days or weeks at a time;
  2. a site, facility, camp or building constructed, used or operated for purposes of Recreational Hunting with a view to income or gain to the owner or operator;
  3. a Commercial Plant Operation as defined in section 12.1.1;
  4. a Sports Fish Camp; or
  5. an Aquaculture Facility as defined in section 13.1.1;

"Aullâsimavet" is the plural of Aullâvik;

"Beneficiary" means an individual enrolled on the Register;

"Bylaw" means a regulation made by an Inuit Community Government and includes a law made by an Inuit Community Government under section 17.41.1, 17.41.3 or 20.2.2 or subsection 20.3.1(b);

"Canada" means, unless the context otherwise requires, Her Majesty the Queen in right of Canada;

"Capital Transfer" means an amount payable by Canada under section 19.1.1;

"Carving Stone" means soapstone and serpentinite that is suitable for carving purposes;

"Chief Justice" means the Chief Justice of the Supreme Court of Newfoundland and Labrador, Trial Division;

"Commercial Wildlife Operation" means an undertaking in the Labrador Inuit Settlement Area that uses Wildlife for commercial purposes and includes:

  1. a facility catering to Recreational Hunting;
  2. a facility catering to the non-consumptive use of Wildlife; or
  3. a Sports Fish Camp;

"Community Lands" means lands within the boundaries of an Inuit Community that are owned by the Inuit Community Government under a transfer referred to in section 17.42.1;

"Conflict" means an actual conflict in operation;

"Construction" includes site preparation in respect of a Development;

"Consult" means to provide:

  1. to the Person being consulted, notice of a matter to be decided in sufficient form and detail to allow that Person to prepare its views on the matter;
  2. a reasonable period of time in which the Person being consulted may prepare its views on the matter, and an opportunity to present its views to the Person obliged to consult; and
  3. full and fair consideration by the Person obliged to consult of any views presented;

"Crown" means Canada or the Province or both, as appropriate;

"Customary Fishing Area" means a fishing area established under section 13.7.1;

"Designated Inuit Organization" means Labrador Inuit Association, the Nunatsiavut Government, or any organization that:

  1. is constituted by, controlled by and answerable to Inuit; and
  2. is designated by Labrador Inuit Association to enjoy a right or exercise a power, function or authority that may be assigned to and exercised by a Designated Inuit Organization under the Agreement;

"Developer" means a Person proposing or undertaking a Development, and includes a Person who is the operator of or general partner in a Development proposed or undertaken by two or more Persons;

"Development" means a commercial or industrial undertaking, including a power generation or water exploitation undertaking, but excludes:

  1. Exploration;
  2. map staking;
  3. a National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve;
  4. a Protected Area;
  5. a Marine Protected Area; and
  6. marine transportation, except where otherwise expressly provided in the Agreement;

"Dispute" means a controversy, question, disagreement or claim:

  1. respecting the interpretation, implementation or application of the Agreement;
  2. that the Agreement stipulates may be resolved under chapter 21; or
  3. arising under or with respect to an agreement between two of the Parties or among all Parties that provides that the controversy, question, disagreement or claim may be resolved under chapter 21;

"Dispute Resolution Board" means the board established under section 21.3.1;

"Domestic Interjurisdictional Agreement" means an agreement between Canada and a province or territory or between the Province and another province or a territory;

"Effective Date" means the first date following ratification of the Agreement by Inuit under part 22.7 on which both the federal Legislation referred to in subsection 22.8.1(b) and the Provincial Legislation referred to in subsection 22.8.2(c) are in effect;

"Enrolment Committee" means a committee established under section 3.4.1;

"Environment" means the components of the earth and includes:

  1. land, water and air, including all layers of the atmosphere;
  2. all organic and inorganic matter and living organisms;
  3. the social, economic, recreational, cultural and aesthetic conditions and factors that influence the life of humans and communities; and
  4. any part or combination of the components referred to in clauses (a), (b) and (c) and the interrelationships between two or more of them;

"Environmental Assessment" means:

  1. an assessment of the Environmental Effects of a proposed undertaking, project, work or activity in Labrador Inuit Lands that is conducted in accordance with Inuit Laws made under part 11.3;
  2. an assessment of the Environmental Effects of a Project or Undertaking that is conducted under the Canadian Environmental Assessment Act;
  3. an assessment of the Environmental Effects of a Project or Undertaking that is conducted under the Environmental Protection Act; or
  4. an assessment that is conducted under two or more Laws referred to in clauses (a), (b) and (c);

"Environmental Effect" means, in respect of a proposed undertaking, project, work or activity:

  1. any change that the proposed undertaking, project, work or activity may cause in the Environment, including any change to heal th and socio- economic conditions, to physical and cultural heritage, to the current use of lands and resources for traditional purposes by aboriginal individuals, or to any structure, site or thing that is of historical, archaeological, palaeontological or architectural significance; and
  2. any change to the proposed undertaking, project, work or activity that may be caused by the Environment,

whether the change occurs within or outside Canada;

"Exploration" means prospecting, ground staking, surveying, drilling, trenching, sinking underground shafts or otherwise searching for or proving the existence, value or extent of Subsurface Resources, but does not include map staking;

"Expropriate" means t he compulsory taking of land or any interest in land in accordance with federal or Provincial Legislation and part 4.18;

"Federal Wildlife Area" means public lands the administration of which has been assigned to the Minister under section 4 of the Canada Wildlife Act;

"Fiscal Financing Agreement" means a funding agreement under section 18.1.1;

"Fish" includes:

  1. parts of fish;
  2. shellfish, crustaceans, marine animals and any part s of shellfish, crustaceans or marine animals; and
  3. the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals;

"Fish Habitat" means spawning grounds and nursery, rearing, food-supply and migration areas and any other areas on which Fish depend directly or indirectly in order to carry out their life processes;

"Furbearer" means beaver, fisher, fox, lynx, marten, mink, muskrat, otter, squirrel, weasel, wolf and wolverine;

"Gas" means natural gas and includes all substances other than Oi l that are produced in association with natural gas;

"Geothermal Resource" means a subsurface or surface source of heat energy that results from subsurface geological processes, and includes steam, hot fluids or heated rock but does not include the normal background heat flow found in the subsurface;

"Government" means Canada, the Province or Inuit Government and "Governments" means any two or more of Canada, the Province or an Inuit Government;

"Government of Canada" means federal departments and departmental corporations listed in Schedules I, I.1, II and Part I of Schedule III of theFinancial Administration Act;

"Habitat" means the natural environment where Wildlife or Plants occur or on which they depend directly or indirectly in order to carry out their life processes;

"Harvest" means the reduction or attempted reduction of Wildlife, Plants, Fish or Aquatic Plants into possession, and includes fishing, hunting, trapping, netting, egging, picking, collecting, gathering, spearing, killing, catching, capturing or taking by any means or method and, with reference to Plants, includes wooding, cutting or digging or attempting to do so;

"Implementation Plan" means the plan referred to in section 23.2.1;

"International Agreement" means an agreement governed by international law and concluded in written form:

  1. between states; or
  2. between one or more states and one or more international organizations,

whether that agreement is embodied in a single instrument or in two or more related instruments and whatever its particular designation;

"Inuit" means:

  1. for purposes of the first and third recitals in the preamble, subsection 2.11.1(a) and sections 2.11.2, 2.11.6, 2.11.7, 2.11.8, 2.12.1 and 2.21.1 and references of a general historic nature, all the members of the aboriginal people of Labrador, sometimes known as Eskimos, that has traditionally used and occupied and currently uses and occupies the lands, waters and sea ice of the Labrador Inuit Land Claims Area and includes Kablunângajuit as defined in chapter 3; and
  2. for purposes of all provisions other than those referred to in clause (a):
    1. until the Register is published under section 3.7.1, all those individuals eligible to be enrolled under chapter 3; and
    2. after the Register is published under section 3.7.1, all Beneficiaries,

but "Inuit" does not include beneficiaries of the "James Bay and Northern Québec Agreement", the "Inuvialuit Final Agreement"orthe "Agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada";

"Inuit Business" means:

  1. a sole proprietorship owned by an Inuk; or
  2. an entity that is:
    1. a corporation with more than 50 percent of the corporation's voting shares beneficially owned by Inuit;
    2. a co-operative controlled by Inuit;
    3. a partnership that is more than 50 percent controlled by Inuit or by an entity described in subclause (i) or (ii);
    4. a not-for-profit organization controlled by Inuit; or
    5. a joint venture or consortium in which Inuit have, or an entity described in subclause (i), (ii), (iii) or (iv) has, more than 50 percent ownership and control;

"Inuit Community" means one of the following communities: Nain, Hopedale, Makkovik, Postville or Rigolet;

"Inuit Community Corporation" means an incorporated body that is established pursuant to subsection 17.3.4(c);

"Inuit Community Government" means a government established in respect of an Inuit Community under the Labrador Inuit Constitution pursuant to subsection 17.3.3(b);

"Inuit Cultural Material" means any object from the Labrador Inuit Settlement Area, other than Archaeological Material, that is made, modified or used by humans and collected and documented for the interpretation and descriptive study of human culture and that is of cultural importance to Inuit or of value for the information it may give about contemporary, post-contact or pre-contact Inuit, but does not include Archival Records;

"Inuit Domestic Fishery" means the exercise by Inuit of the rights to Harvest Fish referred to in part 13.4;

"Inuit Domestic Harvest" means the exercise by Inuit of the rights to Harvest Wildlife and Plants referred to in part 12.3;

"Inuit Government" means any of the following, individually or in combination:

  1. the Nunatsiavut Government;
  2. any or all of the Inuit Community Governments; or
  3. any or all of the Inuit Community Corporations.

"Inuit Impacts and Benefits Agreement" means an agreement referred to in section 6.7.1, 7.7.2, 7.7.3, or 8.5.7;

"Inuit Law" means a law of the Nunatsiavut Government and includes:

  1. subordinate legislation under a law of the Nunatsiavut Government; and
  2. an Inuit customary law proclaimed, published and registered in accordance with part 17.5;

"Inuk" is the singular of Inuit;

"Inuktitut" means the spoken and written language of Inuit;

"Jurisdictional Boundary" means the boundary between Newfoundland and Labrador and Quebec and between Newfoundland and Labrador and Nunavut. The boundary has been plotted from digital information supplied by the Province and according to that source this boundary has been digitized from the National Topographic Series (NTS) 1:50,000 monochrome map sheets obtained from the NaturalResources Canada Centre for Topographic Information. This boundary has not been surveyed;

"Labrador Inuit Association" means the body corporate of that name organized and existing under the Corporations Act;

"Labrador Inuit Constitution" means the constitution established in conformity with part 17.3;

"Labrador Inuit Lands" means the lands referred to in section 4.3.1 as added to or reduced under the Agreement;

"Labrador Inuit Land Claims Area" means the area shown in schedule 1-A;

"Labrador Inuit Settlement Area" means the area referred to in section 4.2.1 and, unless otherwise stated, includes Labrador Inuit Lands, the Inuit Communities and the Zone;

"Land Use Plan" means a regional land use plan approved under par t 10.6 and brought into effect under part 10.7 and includes any related regulations, amendments to the plan or the regulations, and a substitute plan;

"Law" includes federal and Provincial Legislation, Inuit Laws, Bylaws, the common law and equity;

"Law of General Application" means federal or Provincial Law but does not include federal or Provincial Legislation that is applicable only to:

  1. Inuit;
  2. Labrador Inuit Lands, Water on Labrador Inuit Lands or resources in Labrador Inuit Lands; or
  3. Inuit Government;

"Legal Proceeding" means any civil, criminal or regulatory proceeding or inquiry in which evidence is or may be given, and includes an arbitration and a proceeding before a board, commission or tribunal;

"Legislation" includes statutes, regulations, ordinances and orders in council;

"Major Development" means a Development within the Labrador Inuit Settlement Area that involves during any five-year period either more than 150 person-years of employment or capital expenditures of more than $40.0 million in constant 1998 dollars;

"Map Atlas" means the series of American National Standards Institute (ANSI) 'D' map sheets containing the maps that graphically represent the boundaries of lands illustrated in schedules 4-A, 4-B, 4-C, 4-D, 4-E, 4-F, 5-A, 7-B, 8-A, 9-A, 12-E, 17- A, 17-B, 17-C, 17-D and 17-E of the Agreement. Unless otherwise stated, these maps were created using the National Topographic Data Base (NTDB) 1:50,000 digital topographic base maps, and the digital data files depicting all boundaries as agreed by the Parties;

"Marine Protected Area" means an area that has been designated under section 35 of the Oceans Act for special protection;

"Migratory Bird" means a "migratory bird" as defined in the Migratory Birds Convention Act, 1994;

"Migratory Bird Sanctuary" means a protection area for Migratory Birds and nests prescribed in a regulation under paragraph 12(1)(i) of the Migratory Birds Convention Act, 1994;

"Mineral" means any naturally occurring inorganic substance including gems, precious and base metals, coal and minerals contained in mine tailings, but does not include water, Quarry Materials, stratified deposits other than coal from which Oil can be extracted, or Petroleum;

"Minister" means, in relation to any matter, the responsible minister of Canada or of the Province having jurisdiction over the particular matter;

"Mitigate" means to reduce, eliminate or control the adverse Environmental Effects of a Project or Undertaking, and includes restitution for any damage to the Environment caused by those effects through replacement, restoration, compensation or any other means;

"National Marine Conservation Area" means a "marine conservation area" as defined in subsection 2(1) of the Canada National Marine Conservation Areas Act;

"National Marine Conservation Area Reserve" means a "reserve" as defined in subsection 2(1) of the Canada National Marine Conservation Areas Act;

"National Park" means a "park" as defined in subsection 2(1) of the Canada National Parks Act;

"National Park Reserve" means a "park reserve" as defined in subsection 2(1) of the Canada National Parks Act;

"Non-Beneficiary" means a Person who is not enrolled on the Register;

"Nunatsiavut Government" means the government established under the Labrador Inuit Constitution pursuant to subsection 17.3.3(a);

"Official Voters List" means the list of individuals referred to in section 22.4.12;

"Oil" means:

  1. crude oil, regardless of gravity, produced at a well-head in liquid form; and
  2. any other hydrocarbons except coal and gas and, without limiting the generality of the foregoing, hydrocarbons that may be extracted or recovered from deposits of oil sand, bitumen, bituminous sand, oil shale or

from other types of deposits in, upon or beneath the soil of the earth, including on the sea bed or the subsoil of the sea bed;

"Park Impacts and Benefits Agreement" means an agreement referred to in section 9.2.2, 9.2.3 or 9.2.4;

"Party" means Canada, the Province or Inuit as represented by Labrador Inuit Association and "Parties" means all of them;

"Permit Holder" means a Person authorized to carry out an Archaeological Activity under a written permit issued by a Permitting Authority as defined in section 15.1.1;

"Person" includes an individual, a partnership, a corporation, a trust, a joint venture, an unincorporated association, a government or any agency or subdivision of a government, and their respective heirs, executors, administrators and other legal representatives;

"Petroleum" means Oil or Gas;

"Petroleum Development" means the development of a Petroleum discovery and includes the drilling of wells and the installation of equipment and facilities for the primary purpose of extracting Petroleum from the subsurface for commercial production;

"Petroleum Exploration" means activities involved in Exploration for Petroleum and includes:

  1. geophysical, geological and geotechnical surveys and related activities carried out for the primary purpose of identifying drilling locations and drilling hazards;
  2. the drilling of wells for the primary purpose of discovering the presence of Petroleum within a defined geological feature; and
  3. the drilling of wells for the primary purpose of delineating the horizontal and vertical extent of a Petroleum discovery, for the purpose of determining the potential for commercial production of Petroleum from the discovery;

"Plant" means any species of plant, other than an Aquatic Plant, that is wild by nature and all seeds, parts and products thereof and includes trees and wild plant species that have been planted or transplanted in the wild by humans;

"Project" means any undertaking, project, work or activity proposed to be located or carried out in the Labrador Inuit Settlement Area that requires an Environmental Assessment;

"Protected Area" means any area of land, Water or ocean of particular significance or that requires special protection, including wilderness and ecological reserves,

national Wildlife areas, including Federal Wildlife Areas, Migratory Bird Sanctuaries and Protected Marine Areas, conservation areas, Provincial parks, bird and Wildlife sanctuaries, national historic sites administered by Parks Canada Agency, historic sites or places, marine Wildlife areas and Provincial marine protected areas, but does not include a National Park, National Park Reserve, National Marine Conservation Area, National Marine Conservation Area Reserve or Marine Protected Area;

"Protected Area Agreement" means an agreement referred to in section 9.4.12;

"Protected Marine Area" means an area established as a protected marine area under section 4.1(1) of the Canada Wildlife Act;

"Province" means Her Majesty the Queen in right of Newfoundland and Labrador;

"Quarry Material" means a substance used in its natural form for construction or agricultural purposes and includes:

  1. clay, sand, gravel, shale, stone, topsoil, soil, marl, peat and peat moss; and
  2. a mineral, rock or stone capable of being cut or polished for use as an ornament, personal adornment or decoration;

"Ratification Committee" means the committee established under section 22.3.1;

"Recreational Fishing" includes sport fishing;

"Recreational Hunting" includes sport hunting;

"Register" means the register referred to in section 3.6.1;

"Revenue" means:

  1. any Royalty Tax that is received by the Province under the Mining and Mineral Rights Tax Act, the Petroleum and Natural Gas Act, the Quarry Materials Act or the Mineral Act;
  2. any Royalty Tax that is received by the Province under any Provincial Legislation to replace or amend the Mining and Mineral Rights Tax Act, the Petroleum and Natural Gas Act, the Quarry Materials Act or the Mineral Act or to levy a new or additional Royalty Tax in respect of Subsurface Resources in Newfoundland and Labrador;
  3. any amount that is received by the Province under a tax collection, tax rental, revenue sharing or similar arrangement with Canada or any other jurisdiction in respect of a Royalty Tax referred to in clause (a) or (b) in respect of Subsurface Resources in Newfoundland and Labrador;
  4. any interest or penalty that is received by the Prov ince in respect of a Royalty Tax or an amount referred to in clause (a), (b) or (c); and
  5. where the Province has taken an equity share in a Subsurface Resource Development in lieu of Royalty Taxes, the net revenue received by the Province in respect of such s hare but, for greater certainty, excludes revenue where the Province acquires an interest through a purchase of shares or where it receives a return on the Subsurface Resource Development from the investment of capital or resources other than the Subsurface Resource in respect of which the equity share is taken in lieu of Royalty Taxes;

"Royalty Tax" means:

  1. an amount in respect of a Subsurface Resource that is a tax, royalty, rent, fee, excluding a fee levied for administrative purposes, or other payment in the nature of a royalty; and
  2. any other amount that is payable for a right to explore for or exploit a Subsurface Resource or a right of entry or use relating to a right to explore for or exploit a Subsurface Resource;

"Specified Material" means stone including stone suitable for dimension stone, labradorite, chert, sand, gravel, clay, topsoil, soil, shale, marl, peat and peat moss when these substances are used for construction or agricultural purposes only;

"Specified Material Lands" means Labrador Inuit Lands referred to in section 4.3.3 as added to or reduced under the Agreement;

"Sports Fish Camp" means a site, facility, camp or building, constructed, used or operated for purposes of Recreational Fishing with a view to income or gain to the owner or operator;

"Subsurface Interest" means a lease, licence or permit in relation to a Subsurface Resource issued by the Province;

"Subsurface Resource" means Minerals, Petroleum and Quarry Materials but excludes:

  1. Carving Stone and Geothermal Resources in Labrador Inuit Lands; and
  2. Specified Materials in Specified Material Lands;

"Supreme Court" means the Supreme Court of Newfoundland and Labrador, Trial Division;

"Surface Interest" means a lease, licence, easement or permit with respect to land or a surface resource;

"Tidal Waters" means any part of the sea and any part of a river within the ebb and flow of the sea at average spring tides;

"Torngat Joint Fisheries Board" means the board established under section 13.10.1;

"Torngat Wildlife and Plants Co-Management Board" means the board established under section 12.8.1;

"Undertaking" means any undertaking, project, work or activity proposed to be located or carried out outside the Labrador Inuit Settlement Area that requires an Environmental Assessment under the Canadian Environmental Assessment Act or the Environmental Protection Act;

"Use of Water" means the same as Water Use;

"Voisey's Bay Project" means the Voisey's Bay Project as defined in section 8.1.1;

"Waste" includes residential, municipal, commercial or industrial waterborne or solid wastes, that would, if left untreated, cause an adverse effect, but does not include drainage and storm water collected from natural run-off;

"Water" means surface and subterranean water in liquid or frozen state located in or derived from a natural channel, a lake or other body of inland water but does not include Tidal Waters;

"Water Lot" means an area of Labrador Inuit Lands extending seaward from the ordinary high water m ark and includes the land covered by the Tidal Water column;

"Waters Adjacent to the Zone" means those Canadian fisheries waters within the portions of Northwest Atlantic Fisheries Organization Divisions 2G, 2H and 2J adjoining and lying due eastward of the Zone;

"Water Use" means all uses of Water, including diversion, removal, storage and sale of Water a nd the discharge or release of Waste into Water, but does not include use of Water for Harvesting or navigation;

"Water Use Permit" means:

  1. a licence for a Use of Water;
  2. a permit required for an undertaking or works in relation to Water or an alteration of Water; or
  3. an approval for the discharge or release of Waste into Water,

pursuant to a Law of General Application and includes any other instrument that may be required in relation to Water for a purpose referred to in clause (a), (b) or (c);

"Wildlife" means all species and populations of wild mammals, amphibians and birds and all parts and products thereof, but does not include Fish;

"Work Plan" means a plan for Exploration or quarrying that must be submitted to the Nunatsiavut Government and the Province under subsection 4.11.13(b) and includes a revised work plan submitted under section 4.11.18; and

"Zone" means the Tidal Waters of the Labrador Inuit Settlement Area set out in the Map Atlas (shown for illustrative purposes only in schedule 4-A) and described in appendix A-3 Part 1.




Part 1.2 Interpretation

1.2.1 For purposes of the Agreement:

  1. an individual is ordinarily resident in a place if that individual ha s a principal, or only, residence, home, lodging or habitation in that place;
  2. an individual may only be ordinarily resident in one place at a time; and
  3. an individual continues to be ordinarily resident in a place if that individual, for a temporary purpose only, leaves his or her principal, or only, residence, home, lodging or habitation in that place with the intention of returning to that place.

1.2.2 There shall be an Inuktitut, an English and a French version of the Agreement. The English and French versions shall be the authoritative versions.

1.2.3 The preamble, the several chapters, the schedules, the appendices to the Agreement and the Map Atlas shall be read together and interpreted as one agreement.

1.2.4 Subject to part 2.15, the Agreement shall be construed according to the Provincial Interpretation Act, with any modifications that the circumstances require.

1.2.5 Except where the full citation of Legislation is provided, a reference in the Agreement to Legislation refers to the Legislation as amended from time to time and includes replacement or successor Legislation.

1.2.6 When the Agreement refers to an agency, board or tribunal established under a Law of General Application, the reference includes any Person or entity that replaces the agency, board or tribunal.

1.2.7 All headings are fo r convenience of reference only and form no part of the Agreement.

1.2.8 Where a word is defined in the Agreement, other parts of speech, and tenses, of the same word have a corresponding meaning.

1.2.9 Unless it is other wise clear from the context, in the Agreement the word "including" means "including but not limited to" and the word "includes" means "includes but is not limited to".





Chapter 2: General Provisions

Part 2.1 Status of Agreement

2.1.1 The Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.




Part 2.2 Coming into Effect

2.2.1 The Agreement comes into effect upon its ratification by all Parties as set out in chapter 22.

2.2.2 On the Effective Date, the Nunatsiavut Government becomes the successor of Labrador Inuit Association for purposes of the Agreement.




Part 2.3 Identity as Aboriginal People

2.3.1 Nothing in the Agreement shall be construed so as to deny that:

  1. Inuit are an aboriginal people of Canada; or
  2. Inuit are "Indians" within the meaning of section 91(24) of the Constitution Act, 1867.



Part 2.4 Inuit Culture and Language

2.4.1 The right of Inuit to practice Inuit culture and to use Inuktitut shall be exercised in a manner consistent with the Agreement.




Part 2.5 Constitutional Division of Powers

2.5.1 The Agreement does not affect the constitutional distribution of powers between Canada and the Province and does not transfer any powers between Canada and the Province.




Part 2.6 Right to Benefit from Programs

2.6.1 Nothing in the Agreement affects the ability of Inuit to participate in or benefit from Provincial or federal programs of general application or federal programs for aboriginal people except as otherwise specifically agreed by the Nunatsiavut Government under a Fiscal Financing Agreement. Participation in or benefits from those programs shall be determined by general criteria for those programs established from time to time.

2.6.2 Prior to any transfer to the Province of any federal program for Inuit, Canada shall Consult the Nunatsiavut Government.




Part 2.7 Right to Benefit from Existing or Future Constitutional Rights

2.7.1 Subject to part 2.1 1, nothing in the Agreement affects the ability of Inuit to participate in or benefit from any existing or future constitutional rights for aboriginal peoples of Canada that may be applicable to them.




Part 2.8 Rights as Citizens of Canada

2.8.1 Nothing in the Agreement affects the rights of Inuit as Canadian citizens.




Part 2.9 Status of Lands

2.9.1 Labrador Inuit Lands are not "Lands reserved for the Indians" within the meaning of section 91(24) of the Constitution Act, 1867.




Part 2.10 Other Aboriginal Peoples of Canada

2.10.1 Nothing in the Agreement shall be construed to affect, recognize or provide any rights under section 35 of theConstitution Act, 1982 for any aboriginal peoples of Canada other than Inuit.

2.10.2 If a court of last resort determines that section 2.10.1 has the effect of rendering a provision of the Agreement wholly or partially inoperative or ineffective because such provision would otherwise affect rights under section 35 of the Constitution Act, 1982 of any aboriginal peoples of Canada other than Inuit, the Parties shall amend the Agreement so as to remedy or replace such provision.

2.10.3 If Canada or the Province enters into a land claims agreement with any aboriginal people of Canada other than Inuit and such land claims agreement adversely affects Inuit rights as set out in the Agreement, Canada and the Province shall, at the request of the Nunatsiavut Government, negotiate an amendment to the Agreement to provide Inuit with additional or replacement rights or other appropriate remedies and if the Parties fail to reach agreement on such amendment within 90 clear days from the commencement of negotiations, any Party may refer the matter to arbitration under chapter 21.

2.10.4 Provisions in overlap agreements, if any, in respect of any overlapping interests between Inuit and other aboriginal peoples of Canada may, with the agreement of the Parties, be set out in the Agreement.




Part 2.11 Certainty

2.11.1 The Agreement:

  1. constitutes the full and final settlement of the aboriginal rights of Inuit in Canada; and
  2. exhaustively sets out the rights in Canada of Inuit that are recognized and affirmed by section 35 of the Constitution Act, 1982.

2.11.2 Subject to sections 2.11.3 and 2.11.7, Inuit hereby cede and release to Canada and the Province all the aboriginal rights which Inuit ever had, now have, or ma y in future claim to have within Canada.

2.11.3 The cession and release in section 2.11.2 does not apply to the aboriginal rights of Inuit in and to Labrador Inuit Lands other than to any aboriginal rights that Inuit ever had, now have, or may in future claim to have in and to Subsurface Resources in Labrador Inuit Lands.

2.11.4 Notwithstanding any common law rule to the contrary, the aboriginal rights of Inuit in and to Labrador Inuit Lands as they existed before the Effective Date, including their attributes and geographic extent, that have not been ceded and released by virtue of section 2.11.3 are, as a result of the Agreement and the Legislation referred to in part 22.8, modified, and continue as modified, as set out in the Agreement.

2.11.5 If, despite the Agreement and the Legislation referred to in part 22.8, it is determined by a court of last resort that Inuit have an aboriginal right in and to Labrador Inuit Lands that is other than, or that is different in attributes or geographical extent from, the rights of Inuit as set out in the Agreement, Inuit, from the Effective Date, cede and release that aboriginal right to Canada and the Province to the extent that the aboriginal right is other than, or different in attributes or geographical extent from, the rights of Inuit as set out in the Agreement.

2.11.6 Inuit release Canada, the Province and all other Persons from all claims, demands, actions or proceedings, of whatever kind, whether known or unknown, that Inuit ever had, now have, or may have in the future, relating to or arising from any act or omission occurring before the Effective Date that may have affected or infringed any aboriginal rights of Inuit in Canada.

2.11.7 Section 2.11.1, the cession and release in section 2.11.2 and the release in section 2.11.6 do not apply to the aboriginal claims and rights, if any, of Inuit in and to lands and waters within the region identified on the map attached as schedule 2-A.

2.11.8 Section 2.11.7 is without prejudice to, and does not affect the respective legal views of, Inuit or Canada regarding the aboriginal claims and rights, if any, of Inuit in and to lands and waters in the region identified on the map attached as schedule 2-A.




Part 2.12 Indemnity

2.12.1 The Nunatsiavut Government will indemnify and forever save harmless Canada or the Province, as the case may be, from all damages, costs, losses, or liabilities that Canada or the Province, respectively, may suffer or incur in connection with or as a result of any suits, actions, causes of action, claims, proceedings, or demands initiated or made after the Effective Date by Inuit against Canada or the Province relating to or arising from:

  1. the aboriginal rights ceded and released under section 2.11.2;
  2. any act or omission by Canada or the Province before the Effective D ate that may have affected or infringed any aboriginal right that has not been ceded and released by virtue of section 2.11.3; and
  3. the existence of an aboriginal right that is determined to be other than or different in attribute or geographical extent from the rights of Inuit as set out in the Agreement.

2.12.2 The costs referred to in section 2.12.1 do not include fees and disbursements of lawyers and other professional advisors.

2.12.3 Canada or the Province, as the case may be, shall vigorously defend any suit, action, claim, demand or proceeding referred to in section 2.12.1 and shall not compromise or settle any suit, action, claim, demand or proceeding without the consent of the Nunatsiavut Government.

2.12.4 For greater certainty, the right of a Party to be indemnified under section 2.12.1 does not extend to any suit, action, claim, demand, proceeding, damage, cost, loss, liability or entitlement that relates to or arises from its failure to carry out its obligations under the Agreement.

2.12.5 Canada indemnifies and saves harmless Inuit, the Nunatsiavut Government, and Labrador Inuit Association from any suit, action, claim, demand, proceeding, damage, cost, loss, liability and entitlement, whether known or unknown, that is initiated, made or incurred after the Effective Date against Inuit, the Nunatsiavut Government or Labrador Inuit Association by any Person other than an Inuk, the Nunatsiavut Government or Labrador Inuit Association that arises from the Harvesting rights of Inuit under chapter 12, for Migratory Birds, and under chapter 13, for Fish and Aquatic Plants, where that suit, action, claim, demand, proceeding, damage, cost, loss, liability or entitlement relates to the effect of those Inuit rights on any Harvesting rights of the Person initiating, making or incurring the suit, action, claim, demand, proceeding, damage, cost, loss, liability or entitlement.

2.12.6 Inuit, the Nunatsiavut Government and Labrador Inuit Association, as the case may be, shall vigorously defend any suit, action, claim, demand or proceeding referred to in section 2.12.5 and shall not compromise or settle any suit, action, claim, demand or proceeding without the consent of Canada.




Part 2.13 Invalidity

2.13.1 No Party shall challenge, or support a challenge to, the validity of the Agreement or any provision of the Agreement.

2.13.2 No Party shall have a claim or cause of action based on a finding that any provision of the Agreement is invalid. Nothing in this section shall be construed so as to prevent a claim or cause of action under part 2.12.

2.13.3 If a court of competent jurisdiction finds any provision of the Agreement to be invalid, the Parties shall make best efforts to amend the Agreement or to agree on other measures to remedy the invalidity or replace the invalid provision.




Part 2.14 Litigation

2.14.1 Where a Beneficiary has a right of action that relates to or arises from the Agreement, the Designated Inuit Organization may initiate and carry on the action on behalf of that Beneficiary.

2.14.2 If in any Legal Proceeding a question is raised respecting the interpretation, validity or application of the Agreement, the Legislation referred to in part 22.8, or federal o r Provincial Legislation made for purposes of implementing the Agreement, the question shall not be heard until reasonable prior notice has been given to the Parties.

2.14.3 A Party is entitled, as of right, to be heard with respect to a question referred to in section 2.14.2 and shall be considered a party to the Legal Proceeding for the purpose of an appeal from an adjudication as to such question or for the purpose of a judicial review of the Legal Proceeding or an order or decision made in the Legal Proceeding.




Part 2.15 Application of Laws

2.15.1 Subject to sections 2.15.2 to 2.15.5, federal and Provincial Laws apply to Inuit, Inuit Government, Labrador Inuit Lands and Community Lands.

2.15.2 If there is an inconsistency or a conflict between federal or Provincial Law and the Agreement, the Agreement prevails to the extent of the inconsistency or conflict.

2.15.3 If there is an inconsistency or a conflict between the Legislation referred to in part 22.8 and any other Law, the Legislation referred to in part 22.8 prevails to the extent of the inconsistency or conflict.

2.15.4 Subject to section 2.15.3, if there is an inconsistency or a conflict between federal Legislation made for purposes of implementing the Agreement and any other federal Legislation, the federal Legislation made for purposes of implementing the Agreement prevails to the extent of the inconsistency or conflict.

2.15.5 Subject to section 2.15.3, if there is an inconsistency or a conflict between Provincial Legislation made for purposes of implementing the Agreement and any other Provincial Legislation, the Provincial Legislation made for purposes of implementing the Agreement prevails to the extent of the inconsistency or conflict.

2.15.6 If there is an inconsistency or a conflict between an Inuit Law or a Bylaw and the Agreement, the Agreement prevails to the extent of the inconsistency or conflict.




Part 2.16 Amending the Agreement

2.16.1 Unless otherwise provided in the Agreement, an amendment to the Agreement shall require the consent of the Parties and:

  1. Canada will give its consent by an order of the Governor in Council;
  2. the Province will give its consent by an order of the Lieutenant-Governor in Council; and
  3. Inuit will give their consent by a resolution of the Designated Inuit Organization.

2.16.2 An amendment to the Agreement takes effect on the date agreed to by the Parties to the amendment, but if no date is agreed to, on the date that the last Party required to consent to the amendment gives its consent.




Part 2.17 Entire Agreement

2.17.1 The Agreement is the entire agreement and there is no representation, warranty, collateral agreement or condition affecting the Agreement unless otherwise provided in the Agreement.




Part 2.18 Charter of Rights and Freedoms

2.18.1 The Canadian Charter of Rights and Freedoms applies to Inuit Government in respect of all matters within its authority.




Part 2.19 Disclosure of Information

2.19.1 No Government is required to disclose any information that it is required or entitled to withhold under any Law relating to access to or privacy of information.

2.19.2 If a Government has a discretion to disclose any information, it shall take the Agreement into account in exercising that discretion.




Part 2.20 Communications

2.20.1 Communications from Inuit Government:

  1. to Canada, shall be in one of Canada's official languages; and
  2. to the Province, shall be in English.

2.20.2 Communications from Canada or the Province to Inuit Government shall be in English or at the sole discretion of Canada or the Province, as the case may be, in Inuktitut.

2.20.3 For greater certainty, nothing in section 2.20.2 abrogates or derogates from any right, privilege or obligation with respect to the official languages of Canada that Inuit Government may have under the Constitution of Canada.

2.20.4 Unless otherwise set out in the Agreement, notice between any two Parties or among all Parties under the Agreement must be in writing and be:

  1. delivered personally or by courier;
  2. transmitted by fax;
  3. transmitted by e-mail; or
  4. mailed by prepaid registered post in Canada.

2.20.5 A notice is considered to have been received:

  1. if delivered personally or by courier on the day it was delivered;
  2. if transmitted by fax and the sender receives confirmation of the transmission on the date of receipt;
  3. if transmitted by e-mail and t he sender received a delivery or a "read" receipt or an e-mail acknowledgment of receipt on the date of receipt; or
  4. if mailed by prepaid registered post in Canada, on the day the postal receipt is acknowledged by the addressee.

2.20.6 The Parties may agree to give, make or deliver a notice by a means other than one provided in section 2.20.4.

2.20.7 The Parties will provide to each other addresses for delivery of communications under the Agreement, and subject to section 2.20.8, will deliver a communication to the address provided by each other Party.

2.20.8 If no other address for delivery of a particular communication has been provided by a Party, a communication will be delivered, transmitted, or mailed to the intended recipient as set out below:

For:
Attention:





Fax Number:

Canada
Minister of Indian Affairs and Northern Development
House of Commons
Confederation Building
Ottawa, Ontario
K1A 0A6
819-953-4941

For:
Attention:




Fax Number:

the Province
Minister Responsible for Aboriginal Affairs
Department of Labrador and Aboriginal Affairs
P.O. Box 8700
St. John's, Newfoundland and Labrador
A1B 4J6
709-729-4900

For:
Attention:



Fax Number:

Nunatsiavut Government
The President
P.O. Box 70
Nain, Newfoundland and Labrador
A0P 1L0
709-922-2931

 

2.20.9 A Party may change its address or fax number specified in section 2.20.8 by giving a notice of the change to the other Parties.




Part 2.21 Warranty of Representation

2.21.1 Labrador Inuit Association represents and warrants to Canada and the Province that it represents Inuit.




Part 2.22 Conflict of Laws

2.22.1 Notwithstanding any other provision of the Agreement, if there is a Conflict between a Law of General Application and a valid Inuit Law or a valid Bylaw that has an incidental impact on:

  1. a matter in respect of which the Nunatsiavut Government or an Inuit Community Government does not have jurisdiction; or
  2. a matter in respect of which an Inuit Law or a Bylaw does not have paramountcy over federal or Provincial Law,

the Inuit Law or the Bylaw is valid but, with respect to the incidental impact, the Law of General Application prevails to the extent of the Conflict.

2.22.2 Notwithstanding any other provision of the Agreement, if there is a Conflict between an Inuit Law or a Bylaw and:

  1. a federal Law in relation to the peace, order and good government of Canada; or
  2. a federal Law that relates specifically to the criminal law or criminal procedure, the recognition and protection of human rights of all Canadians, or the protection of health and safety of all Canadians,

the federal Law prevails to the extent of the Conflict.

2.22.3 When considering an apparent Conflict between an Inuit Law or a Bylaw and a federal or Provincial Law, a court shall prefer any reasonable interpretation of the Laws that avoids a Conflict over any alternative interpretation that results in a Conflict.

2.22.4 Wherever a provision of the Agreement establishes a rule with respect to a Conflict of Laws, that rule applies to any Law made by a delegate.




Part 2.23 Inconsistency of Laws

2.23.1 For purposes of sections 4.8.2, 13.9.3, 17.8.6, 17.12.6, 17.13.5, 17.24.3 and 17.25.2, Laws are not inconsistent merely because they make provision for the same subject matter.




Part 2.24 Negotiations under the Agreement

2.24.1 Where the Agreement requires a Person to negotiate a matter, that Person shall negotiate in good faith.




Part 2.25 Vacancies in Appointments under the Agreement

2.25.1 If a vacancy occurs in the membership of a board established under the Agreement prior to the expiry of the member's term, the replacement member shall be appointed for the unexpired portion of the term unless the Parties agree, in writing, that the replacement member shall be appointed for a full term.





Chapter 3: Eligibility and Enrolment

Part 3.1 Definitions and Interpretation

3.1.1 In this chapter:

"Appellant" means anyone who appeals a Committee decision under section 3.5.14 or 3.10.9;

"Board" means the Inuit membership appeal board established under s ection 3.10.1;

"Board Member" means an individual appointed to the Board under section 3.10.2;

"Commission" means the enrolment appeal commission established under section 3.5.1;

"Commissioner" means an individual appointed to the Commission under section 3.5.2;

"Committee" means an Enrolment Committee or a Membership Committee;

"Criteria" means the standards for eligibility to be enrolled on the Register that are set out in section 3.3.2, 3.3.3, 3.3.4, 3.3.5 or 3.3.6;

"Federal Court Act" means the Federal Court Act, R.S.C. 1985, c. F-7 as amended by c. 8 of the Statutes of Canada, 1990;

"Inuit" means all those members of the aboriginal people of Labrador, sometimes known as Eskimos, that has traditionally used and occupied and currently uses and occupies the lands, waters and sea ice of the Labrador Inuit Land Claims Area, or any Region. "Inuit" does not include beneficiaries of:

  1. the "James Bay and Northern Québec Agreement";
  2. the "Inuvialuit Final Agreement"; or
  3. the "Agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada";

"Inuk" is the singular of Inuit;

"Kablunângajuit" is the plural of Kablunângajuk;

"Kablunângajuk" means an individual who is given that designation according to Inuit customs and traditions and who has:

  1. Inuit ancestry;
  2. no Inuit ancestry but who settled permanently in the Labrador Inuit Land Claims Area before 1940; or
  3. no Inuit ancestry, but:
    1. is a lineal descendant of an individual referred to in clause (b); and
    2. was born on or before November 30th, 1990;

"Membership Committee" means a Regional committee established under section 3.9.1 for the ongoing enrolment of Beneficiaries;

"Permanent Resident" means an individual who has lived in a place for a period of not less than 180 consecutive days as his or her main place of residence and who continues to live there. An individual can be a Permanent Resident of only one place at a time. Temporary absence from a place does not affect an individual's place of residence;

"Preliminary List" means the list referred to in subsection 3.4.7(c) of individuals eligible to be enrolled on the Register;

"Region" means one of the following Inuit land use regions within the Labrador Inuit Land Claims Area:

  1. Nain and north of Nain;
  2. Hopedale;
  3. Makkovik and Postville; and
  4. Rigolet and Lake Melville; and

"Regional Membership List" means the part of the Register that lists the Beneficiaries who are Permanent Residents of, or who are connected to, a Region and that is maintained by the Membership Committee for that Region under subsection 3.9.3(c).

3.1.2 For purposes of this chapter, an individual who is not a Permanent Resident of the Labrador Inuit Settlement Area is connected to the Labrador Inuit Settlement Area if he or she:

  1. was born in the Labrador Inuit Land Claims Area; or
  2. is the child of an individual who was born in the Labrador Inuit Land Claims Area; or
  3. is the grandchild of at least two individuals who:

(i) were born in the Labrador Inuit Land Claims Area; and

(ii) are Permanent Residents of the Labrador Inuit Land Claims Area or were Permanent Residents of the Labrador Inuit Land Claims Area when they died; and

(d) has associations with the Labrador Inuit Land Claims Area or a Region and close kinship ties to Inuit or Kablunângajuit who are Permanent Residents of the Labrador Inuit Land Claims Area, and those associations and ties are recognized by Inuit or Kablunângajuit other than that individual's kin who are Permanent Residents of the Labrador Inuit Land Claims Area.

3.1.3 For purposes of clause 3.1.2(c)(ii):

  1. an individual is deemed to be a Permanent Resident of the Labrador Inuit Land Claims Area if he or she was a Permanent Resident of the Labrador Inuit Land Claims Area but moved outside the Labrador Inuit Land Claims Area to obtain nursing or other support services in a home or facility for the care of the elderly or for medical care in a health care facility; and
  2. an individual referred to in subsection (a) is deemed to be a Permanent Resident of the Labrador Inuit Land Claims Area at the time of his or her death if he or she died outside the Labrador Inuit Land Claims Area in a facility referred to in subsection (a).

3.1.4 If an individual is connected to the Labrador Inuit Settlement Area under section 3.1.2 but a full sibling of that individual is not, the sibling is absolutely deemed to be connected to the Labrador Inuit Settlement Area for purposes of the Criteria, despite anything in subsections 3.1.2(a), 3.1.2(b) and 3.1.2(c).

3.1.5 For purposes of this chapter, an individual is absolutely deemed to have been born in the Labrador Inuit Land Claims Area if:

  1. that individual was born outside the Labrador Inuit Land Claims Area solely because that individual's mother had to leave the Labrador Inuit Land Claims Area in order to give birth; and
  2. that individual's mother or father was a Permanent Resident of the Labrador Inuit Land Claims Area at the time of that individual's birth.

3.1.6 For purposes of this chapter:

  1. anyone who is a Permanent Resident of Davis Inlet, also known as Utshimasits, or Natuashish is absolutely deemed to be a Permanent Resident of the Labrador Inuit Settlement Area; and
  2. anyone who was born in one of those communities is absolutely deemed to have been born in the Labrador Inuit Land Claims Area.



Part 3.2 Enrolment Functions of the Nunatsiavut Government

3.2.1 The Nunatsiavut Government is generally responsible for coordinating the enrolment procedures set out in this chapter and, for that purpose, may make laws that are not inconsistent with this chapter.

3.2.2 The Nunatsiavut Government shall, without limitation:

  1. publish, in English and Inuktitut, the Criteria and the enrolment procedures and time limitations established under this chapter;
  2. prepare and provide information in English and Inuktitut that is needed by the Committees to conduct the initial and the ongoing enrolment of Beneficiaries;
  3. redirect applications for enrolment submitted directly to it, or made to an inappropriate Committee, to the appropriate Committee; and
  4. carry out other appropriate duties and functions.

3.2.3 The Nunatsiavut Government may delegate responsibility for the administration of Inuit Laws under section 3.2.1 to the Committees.




Part 3.3 Eligibility Criteria

3.3.1 An individual is eligible to be enrolled on the Register if that individual meets the Criteria.

3.3.2 An individual shall be enrolled on the Register if, on the Effective Date, that individual is alive and is:

  1. a Canadian citizen or a permanent resident of Canada under federal Legislation;
  2. an Inuk pursuant to Inuit customs and traditions and is of Inuit ancestry, or is a Kablunângajuk; and
  3. either:
    1. a Permanent Resident of the Labrador Inuit Settlement Area; or
    2. a Permanent Resident of a place outside the Labrador Inuit Settlement Area but is connected to the Labrador Inuit Settlement Area.

3.3.3 An individual who has at least one-quarter Inuit ancestry is eligible to be enrolled on the Register if that individual is a Canadian citizen or a permanent resident of

Canada under federal Legislation despite anything in section 3.3.2 or 3.3.4 to the contrary.

3.3.4 Anyone who is born after the Effective Date who is a lineal descendant of someone who was enrolled or eligible to be enrolled on the Register under section 3.3.2 or 3.3.3 shall be enrolled on the Register if that individual is:

  1. a Canadian citizen or a permanent resident of Canada under federal Legislation;
  2. an Inuk pursuant to Inuit customs and traditions and is of Inuit ancestry or is a Kablunângajuk under clause (a) of the definition of "Kablunângajuk"; and
  3. either:
    1. a Permanent Resident of the Labrador Inuit Settlement Area; or
    2. a Permanent Resident of a place outside the Labrador Inuit Settlement Area but is connected to the Labrador Inuit Settlement Area.

3.3.5 Anyone who is not an Inuk or Kablunângajuk and who:

  1. was adopted as a minor prior to the Effective Date by an individual who is eligible to be enrolled on the Register under section 3.3.2 or 3.3.3, or who would have been eligible to be enrolled under one of those sections if that individual had been alive on the Effective Date; or
  2. is adopted as a minor by a Beneficiary after the Effective Date,

is absolutely deemed to be a lineal descendant of his or her adoptive parents and to have the same ancestry that he or she would have had if he or she were a natural child of the adoptive parents.

3.3.6 No individual can be enrolled as a Beneficiary under the Agreement while that individual is enrolled under another Canadian aboriginal land claims agreement.

3.3.7 Anyone who is eligible to be enrolled under both the Agreement and another Canadian aboriginal land claims agreement may choose to be enrolled under the Agreement if that individual gives up his or her rights, benefits or privileges under the other agreement while enrolled under this Agreement.




Part 3.4 Enrolment Committees

3.4.1 The Nunatsiavut Government shall establish an enrolment committee for each Region on the Effective Date.

3.4.2 Each Enrolment Committee must consist of at least three and no more than six members appointed by the Nunatsiavut Government.

3.4.3 All members of the Enrolment Committees must be Inuit or Kablunângajuit.

3.4.4 At least one member of each Region's Enrolment Committee must be an Inuk or Kablunângajuk from that Region who is a Permanent Resident of a place outside the Labrador Inuit Settlement Area.

3.4.5 The Province and the federal Minister may each appoint one individual to each of the Enrolment Committees as an observer and each observer:

  1. must be given written notice of all meetings of the Enrolment Committee;
  2. must be given access to all records pertaining to proceedings and decisions of the Enrolment Committee; and
  3. may attend all meetings and observe all proceedings of the Enrolment Committee.

3.4.6 An observer is not a member of an Enrolment Committee for any purpose and shall not participate in the proceedings or decisions of an Enrolment Committee.

3.4.7 Each Enrolment Committee shall:

  1. consider all applications for enrolment properly before it;
  2. decide if each applicant for enrolment is entitled to be enrolled on the Register; and
  3. make a preliminary list of people who are Permanent Residents of, or who are connected to, its Region who are entitled to be enrolled on the Register.

3.4.8 Before the expiry of 180 clear days from the Effective Date each Enrolment Committee shall:

  1. complete its determination as to which individuals are entitled to be Beneficiaries under part 3.3;
  2. deliver the Preliminary List to the Nunatsiavut Government; and
  3. publish the Preliminary List.

3.4.9 Each Enrolment Committee shall deliver to its Region's Membership Committee all documents and other information in its possession or control.

3.4.10 The Enrolment Committee for each Region shall dissolve w hen the Region's Membership Committee has been established and the Enrolment Committee has met the requirements of section 3.4.9.




Part 3.5 Enrolment Appeal Commission

3.5.1 On the Effective Date an enrolment appeal commission shall be established to hear and determine:

  1. all appeals referred to in section 3.5.14;
  2. all matters referred back to it by the Federal Court; and
  3. applications referred to in section 3.11.12.

3.5.2 The Commission must consist of seven commissioners appointed as follows:

  1. one Inuk or Kablunângajuk from each Region appointed by the Nunatsiavut Government;
  2. one Inuk or Kablunângajuk from outside the Labrador Inuit Settlement Area appointed by the Nunatsiavut Government;
  3. one appointed by the Province; and
  4. one appointed by the Minister of Indian Affairs and Northern Development.

3.5.3 No member of the Nunatsiavut Government and no Committee member may be appointed as a Commissioner.

3.5.4 A Commissioner holds office until the Commission is dissolved or until the Commissioner resigns, dies o r is removed for cause by the Government that appointed the Commissioner. A vacancy shall be filled promptly by the Government that appointed the Commissioner.

3.5.5 The Commissioners shall select a chairperson from among their number.

3.5.6 Subject to section 3.5.7, the Commissioners appointed by the Province and the Minister of Indian Affairs and Northern Development are entitled to participate fully in all hearings and decisions of the Commission.

3.5.7 The Commissioners appointed by the Province and the Minister of Indian Affairs and Northern Development may not participate in hearings or decisions about the existence, content or application of Inuit customs and traditions but may observe all such hearings and the making of all such decisions.

3.5.8 A panel of Commissioners comprising the Commissioners appointed by the Nunatsiavut Government has the exclusive jurisdiction to hear and decide all matters respecting the existence, content or application of Inuit customs and traditions that relate to appeals, matters and applications before the Commission under section 3.5.1 and the Commission as a whole has the exclusive jurisdiction to hear and decide all other matters that may be raised in an appeal, matter or application before the Commission under section 3.5.1.

3.5.9 Upon determining an appeal the Commission shall give the reasons, in writing, for its decision to the Appellant and written notice of its decision to the Nunatsiavut Government.

3.5.10 The Commission must make best efforts to hear and determine all appeals referred to in section 3.5.14 within one year of the Effective Date.

3 5.11 The Commission may establish rules for conducting its proceedings consistent with this part and may extend the time referred to in section 3.5.16.

3.5.12 The Commission is dissolved 60 clear days from hearing and determining all appeals, matters and applications before it under section 3.5.1.

3.5.13 Prior to its dissolution, the Commission shall deliver to the Board all its records.

3.5.14 Anyone whose enrolment as a Beneficiary is directly affected by a final decision of an Enrolment Committee may appeal that decision to the Commission in accordance with this part.

3.5.15 An appeal shall proceed as a r e-hearing at which the Appellant may introduce additional evidence.

3.5.16 An appeal must be made within 30 clear days from the date on which the Appellant received the written reasons referred to in subsection 3.11.10(c). An appeal must be made by filing a written notice of appeal with the Commission.




Part 3.6 The Labrador Inuit Enrolment Register

3.6.1 The Nunatsiavut Government shall prepare and maintain a register that contains the name of each individual who is determined to be a beneficiary of the Agreement under this chapter.




Part 3.7 Publication of Register

3.7.1 The Nunatsiavut Government shall publish the Register within one year from the Effective Date. The Nunatsiavut Government shall give a copy of the Register to each of Canada and the Province.

3.7.2 After the Register is published under section 3.7.1, the Nunatsiavut Government shall:

  1. update the Register at least once a year; and
  2. give a copy of the updated Register to each of Canada, the Province and the Membership Committees.

3.7.3 If requested, the Nunatsiavut Government shall make the Register or extracts from it available to the public. It may charge a reasonable fee to recover its administrative costs for doing so.




Part 3.8 Removal of Names From Register

3.8.1 An individual may choose not to be enrolled on the Register by giving written notice to the Nunatsiavut Government. The name of that individual must either not be entered on the Register or be removed from the Register.

3.8.2 If a Membership Committee or, in the case of an appeal, the Board determines that an individual enrolled on the Register is not eligible to be enrolled on the Register under the Criteria, that individual must be removed from the Register. In making such a determination the Membership Committee or Board shall follow the procedures set out in part 3.11.




Part 3.9 Membership Committees

3.9.1 On the date the Register is published under section 3.7.1 the Nunatsiavut Government shall establish a membership committee for each Region in accordance with this part.

3.9.2 Members of each Membership Committee must be Beneficiaries who are enumerated on the Regional Membership List for the relevant Region.

3.9.3 Each Membership Committee must:

  1. consider all applications for enrolment properly before it;
  2. decide if an applicant for enrolment is entitled to be enrolled on the Register under the Criteria;
  3. maintain the list of Beneficiaries who are Permanent Residents of or connected to the Region;
  4. inform the Nunatsiavut Government of the individuals who:
    1. the Membership Committee determines are to be enrolled on or to have their names removed from the Register or transferred to or from another Regional Membership List; or
    2. have enrolled as a beneficiary of another Canadian aboriginal land claims agreement; and
  5. perform the functions assigned to it in section 3.8.2.



Part 3.10 The Inuit Membership Appeal Board

3.10.1 On the date the Register is published under section 3.7.1, the Nunatsiavut Government shall establish the Inuit membership appeal board to hear and determine:

  1. all appeals referred to in section 3.10.9;
  2. all matters referred back to it by the Federal Court; and
  3. applications referred to in section 3.11.12.

3.10.2 The Board must have one member who is a Beneficiary enumerated on the Regional Membership List for each Region appointed by the Nunatsiavut Government and one other Beneficiary.

3.10.3 No member of the Nunatsiavut Government and no Committee member may be appointed as a Board Member.

3.10.4 A Board Member holds office for two years or until a successor is appointed, whichever is the longer, unless prior to that time the Board Member resigns, dies or is removed from office.

3.10.5 The Board members shall select a chairperson from among their number.

3.10.6 The Board has the exclusive jurisdiction to hear and decide all appeals, matters and applications referred to in section 3.10.1.

3.10.7 Upon determining an appeal the Board shall give the reasons, in writing, for its decision to the Appellant and written notice of its decision to the Nunatsiavut Government.

3.10.8 The Board may establish rules for conducting its proceedings consistent with this part and may extend the time referred to in section 3.10.11.

3.10.9 Anyone whose enrolment as a Beneficiary is directly affected by a final decision of a Membership Committee may appeal that decision to the Board in accordance with this part.

3.10.10 An appeal shall proceed as a re-hearing at which the Appellant may introduce additional evidence.

3.10.11 An appeal must be made within 30 clear days from the date on which the Appellant received the reasons under subsection 3.11.10(c). An appeal must be made by filing a written notice of appeal with the Board.




Part 3.11 Enrolment Procedures

3.11.1 Anyone who wishes to enrol as a Beneficiary must apply to the appropriate Committee and provide all necessary information in support of his or her application.

3.11.2 Anyone enumerated on the Official Voters List will be considered for enrolment as a Beneficiary and does not have to supply any further information unless asked to do so.

3.11.3 The parent or guardian of someone under a legal disability may act on that individual's behalf for purposes of this chapter.

3.11.4 Anyone who was enrolled on the Register as a minor must reapply for enrolment on the Register upon reaching the age of majority and must meet the Criteria for enrolment at that time.

3.11.5 All proceedings and written records of each Committee, the Commission and the Board shall be in Inuktitut and English.

3.11.6 If a Committee makes a preliminary decision that an individual:

  1. is not entitled to be enrolled on the Register under part 3.3; or
  2. should have his or her name removed from the Register under section 3.8.2,

then, before the Committee makes a final decision, it shall, by written request, ask the individual to make oral or written representations to the Committee explaining why he or she should be enrolled on, or should not have his or her name removed from, the Register.

3.11.7 Anyone who receives a request referred to in section 3.11.6 has 30 clear days from receipt of the request to make written representations to the Committee or to request a date to make oral representations to the Committee. A Committee may extend the time referred to in this section.

3.11.8 A Committee must set a date to hear oral representations no later than 60 clear days from receiving a request.

3.11.9 An individual is deemed to have received a request from a Committee seven clear days from the date on which the request is made.

3.11.10 A Committee must:

  1. make a decision on a matter referred to in section 3.11.6;
  2. give the reasons for its decision in writing;
  3. give a copy of the reasons to the individual affected by the decision; and
  4. notify that individual in writing of his or her right to appeal the Committee's decision and of the body to which the appeal must be made.

3.11.11 Every order, decision or ruling of a Committee, other than a preliminary decision referred to in section 3.11.6, is final and shall not be appealed or reviewed except in accordance with part 3.5 or 3.10.

3.11.12 If a Committee does not make a decision referred to in subsection 3.11.10(a) within 60 clear days from the date on which it makes a preliminary decision referred to in section 3.11.6 or received representations under section 3.11.7, whichever is the later, the affected individual may apply to the Commission or the Board, as appropriate, to make the decision.

3.11.13 Subject to sections 3.11.11 and 3.11.12, a Committee has the exclusive jurisdiction to hear and determine all matters properly before it.




Part 3.12 Judicial Review of Commission and Board Decisions

3.12.1 No order, decision or ruling of the Commission or the Board may be appeal ed. Every order, decision or ruling of the Commission or the Board is final and may not be reviewed in any court except as permitted by this part.

3.12.2 Notwithstanding sections 3.5.8 and 3.10.6, an application for judicial review of an order, decision or ruling of the Commission or the Board may be made to the Federal Court by the individual directly affected by the order, decision or ruling within 30 clear days from the date on which the order, decision or ruling was received by that individual, or within any additional time that a judge of the Federal Court may allow.

3.12.3 After hearing an application under section 3.12.2 the Federal Court may:

  1. order the Commission or the Board to do anything it has unlawfully failed or refused to do or has unreasonably delayed in doing;
  2. decide a decision, order, act or proceeding of the Commission or the Board to be invalid or unlawful;
  3. quash, set aside or set aside and refer back for determination in accordance with any directions it considers to be appropriate a decision, order, act or proceeding of the Commission or the Board; or
  4. prohibit or restrain a decision, order, act or proceeding of the Commission or the Board.

3.12.4 The Federal Court may grant a remedy referred to in section 3.12.3 if it is satisfied that the Commission or the Board:

  1. acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;
  2. failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by Law to observe;
  3. erred in Law in making a decision or an order, whether or not the error appears on the face of the record;
  4. based its decision or order on an error of fact made in a perverse or capricious manner or without regard for the material before it;
  5. acted, or failed to act, as a result of fraud or perjured evidence; or
  6. acted in any other way contrary to Law.

3.12.5 Subject to sections 3.12.2, 3.12.3 and 3.12.4, the Federal Court Act applies to an application for judicial review under this part as if the Commission or the Board were a federal board, commission or other tribunal under the Federal Court Act, except that subsections 18.1(1), 18.1(2) and 18.3(2) of the Federal Court Act do not apply.




Part 3.13 Proof of Enrolment

3.13.1 The Nunatsiavut Government must provide each Beneficiary with a card that identifies that individual as a Beneficiary.

3.13.2 The card referred to in section 3.13.1 is non-transferable and is rebuttable proof that the individual named on it is a Beneficiary.

3.13.3 In any Legal Proceeding a copy of, or extract from, the Register shall be admitted as evidence of the Register or extract if it is proved by the affidavit of an officer of the Nunatsiavut Government. It is not necessary to prove the signature or official status of the individual making the affidavit if the official status of that individual is set out in the affidavit.




Part 3.14 Evidence and Immunity

3.14.1 The Committees, the Commission and the Board are not bound by strict rules of evidence.

3.14.2 In any proceeding before a Committee, the Commission or the Board, evidence about the existence or content of Inuit customs and traditions is admissible in the proceeding if the individual giving the evidence has special knowledge or experience of Inuit customs and traditions even though the evidence may be hearsay or opinion.

3.14.3 If, in any proceeding before a Committee, the Commission or the Board, evidence is to be given about Inuit customs and traditions the Committee, Commission or Board must, if requested, make arrangements so that two or more individuals can give the evidence together.

3.14.4 No action or proceeding may be brought against a Party, a Committee, the Commission or the Board or a member or observer of a Committee, the Commission or the Board in respect of anything done or omitted to be done by any of them in the performance of any duties or functions under this chapter.





Chapter 4: Land and Non-Renewable Resources

Part 4.1 Definitions

4.1.1 In this chapter:

"Applicant" means a Person who has submitted a Work Plan to the Nunatsiavut Government and the Province;

"Carving Stone Permit" means a permit issued by the Nunatsiavut Government under section 4.6.1;

"Exploration and Quarrying Standards" means the standards for Exploration in Labrador Inuit Lands and for quarrying in Labrador Inuit Lands outside Specified Material Lands established by agreement between the Nunatsiavut Government and the Province in accordance with section 4.11.6 or by the Dispute Resolution Board under section 4.11.10;

"Expropriation Authority" means an authority authorized to Expropriate;

"Nuclear Substance" means:

  1. deuterium, thorium, uranium or an element with an atomic number greater than 92;
  2. a derivative or compound of deuterium, thorium, uranium or of an element with an atomic number greater than 92;
  3. a radioactive nuclide;
  4. a substance that is prescribed as being capable of releasing nuclear energy or as being required for the production or use of nuclear energy;
  5. a radioactive by-product of the development, production or use of nuclear energy; and
  6. a radioactive substance or radioactive thing that was used for the development or production, or in connection with the use, of nuclear energy;

"Plan Holder" means a Per son authorized to carry out Exploration in Labrador Inuit Lands or quarrying in Labrador Inuit Lands outside Specified Material Lands under an approved Work Plan; and

"Specified Material Permit" means a permit to quarry a Specified Material issued by the Nunatsiavut Government under section 4.7.1.




Part 4.2 Labrador Inuit Settlement Area

4.2.1 The Labrador Inuit Settlement Area consists of all lands, including lands covered by Water, and Tidal Waters and islands within the boundaries set out in the Map Atlas (shown for illustrative purposes only in schedule 4-A) and described in appendix A-3 Part 1.

4.2.2 The quantity of lands and Waters in the Labrador Inuit Settlement Area is 72,520 square kilometres (28,000 square miles), more or less.

4.2.3 The Labrador Inuit Settlement Area includes, in addition to the quantity of lands and Waters referred to in section 4.2.2, the adjacent Tidal Waters comprising approximately 48,690 square kilometres (18,800 square miles).

4.2.4 The Labrador Inuit Settlement Area includes the land and Waters of the Torngat Mountains National Park Reserve of Canada referred to in section 9.1.1.




Part 4.3 Labrador Inuit Lands

4.3.1 The boundaries of Labrador Inuit Lands on the Effective Date are set out in the Map Atlas (shown for illustrative purposes only in schedule 4-B) and described in appendix A-3 Part 2.

4.3.2 Labrador Inuit Lands comprise not less than 15,799 square kilometres (6,100 square miles) in the Labrador Inuit Settlement Area on the Effective Date.

4.3.3 Specified Material Lands comprise not less than 3,950 square kilometres (1,525 square miles) of Labrador Inuit Lands on the Effective Date and are set out in the Map Atlas (shown for illustrative purposes only in schedule 4-C) and described in appendix A-3 Part 3.




Part 4.4 Vesting and General Attributes of the Inuit Estate in Labrador Inuit Lands

4.4.1 Inuit own in fee simple Labrador Inuit Lands, excluding Subsurface Resources, but including:

  1. ownership of an undivided 25 percent interest, with the Province, in all Subsurface Resources which entitles Inuit to the rights set out in the Agreement; and
  2. for greater certainty:
    1. Specified Materials in Specified Material Lands;
    2. Carving Stone; and
    3. Geothermal Resources.

4.4.2 For purposes of section 4.4.1, "fee simple" is the equivalent of an estate in fee simple absolute, being the largest estate known in Law, without any proviso, restriction, exception or reservation under any Law, except as set out in the Agreement.

4.4.3 The Inuit estate in Labrador Inuit Lands under section 4.4.1 extends to:

  1. the sea bed within the boundaries of Water Lots set out in the Map Atlas (shown for illustrative purposes only in schedule 4-D) and described in appendix A-3 Part 4, but does not include ownership of Tidal Waters above the sea bed within the boundaries of the Water Lots; and
  2. all lands covered by Water that are within the boundaries of Labrador Inuit Lands, but does not include ownership of Water.

4.4.4 Labrador Inuit Lands:

  1. are under the administration, control and management of the Nunatsiavut Government; and
  2. may be alienated by the Nunatsiavut Government, subject to section 4.4.5.

4.4.5 The Nunatsiavut Government shall not alienate Labrador Inuit Lands to any Person other than Canada or the Province but may grant an interest less than fee simple title in or to Labrador Inuit Lands.

4.4.6 If the Nunatsiavut Government alienates a parcel of Labrador Inuit Lands to Canada or the Province, that parcel of land ceases to be Labrador Inuit Lands for all purposes but, for greater certainty, that parcel of land remains in the Labrador Inuit Settlement Area.

4.4.7 If the Nunatsiavut Government acquires freehold title under Provincial Law to a parcel of land located in the Labrador Inuit Settlement Area outside Labrador Inuit Lands and the Inuit Communities, that parcel of land may, with the consent of Canada and the Province, be held as Labrador Inuit Lands under section 4.4.1.

4.4.8 The Province shall guarantee the title of Inuit in Labrador Inuit Lands.

4.4.9 No Person may acquire an estate or interest in Labrador Inuit Lands by prescription, the doctrine of lost modern grant, adverse possession or limitation of action, or by operation of Legislation with respect to prescription, adverse possession or limitation of action.

4.4.10 Notwithstanding any rule of Law to the contra ry, if a parcel of Labrador Inuit Lands is valued for purposes of a Legal Proceeding, no discount shall be applied to the valuation solely due to the status of that parcel as Labrador Inuit Lands unless otherwise provided in an agreement entered into with the Nunatsiavut Government or, where the Nunatsiavut Government is not a party to such an

agreement, with the consent of the Nunatsiavut Government. Nothing in this section applies to a Surface Interest referred to in section 4.9.1.

4.4.11 An interest of Inuit in Labrador Inuit Lands is not subject to attachment, charge, seizure, distress, execution or sale, except:

  1. for liens by Canada or the Province; or
  2. in accordance with an Inuit Law where the interest has been created under an Inuit Law.

4.4.12 The following Provincial Laws do not apply in or to Labrador Inuit Lands:

  1. a Law respecting the creation and reservation of rights and interests in Crown land under Part I (sections 3 - 42) of the Lands Act, including the reservation of mineral rights and public rights of way around waters, Laws respecting the fencing, marking or monumenting of the boundaries of land and for greater certainty, it shall be no defence in an action of trespass or ejectment that a boundary of Labrador Inuit Lands was not fenced, monumented or otherwise marked;
  2. a Law providing for the reversion to, revesting in, or other acquisition by the Crown of unused or unoccupied land but nothing in this subsection is intended to affect or shall be construed so as to affect part 4.18;
  3. a Law imposing conditions or restrictions on the conveyancing, leasing or licensing of land, the erection, construction or placing of buildings, structures or things in or over land, the application of land for agricultural, commercial, industrial, recreational, residential or other purposes or the establishment or designation of special management areas under Part IV (sections 56 - 62) of the Lands Act;
  4. a Law to permit the holder of a license to cut timber or a lessee of Water rights or a Person engaged in lumbering or the management of lumber or pulp to acquire rights of way or other rights or easements over privat e property;
  5. a Law to lease or grant any other right of occupancy in respect of a pond, river or other body of Water for the purpose of Aquaculture; and
  6. a Law to acquire or permit the acquisition of rights of way or other rights, easements, privileges, powers or interests over private property for the purpose of gaining access to, working or developing a Subsurface Resource which is covered by Tidal Waters.

4.4.13 The Inuit estate in Labrador Inuit Lands under section 4.4.1 shall not be subject to any Legislation, order or declaration to secure the development of Minerals pursuant to the Undeveloped Mineral Areas Act but nothing in this section is intended to affect, or shall be construed so as to affect, part 4.13 or 4.18.

4.4.14 The Province may not acquire an interest in Labrador Inuit Lands in or under which Minerals are leased or a right of access over or through Labrador Inuit Lands to enable a lessee to:

  1. implement obligations under a mining lease; or
  2. carry out mineral exploration, mining operations or mineral processing and development in or under Labrador Inuit Lands,

pursuant to section 34 of the Mineral Act.

4.4.15 No lessee of an interest under the Petroleum and Natural Gas Act may acquire Labrador Inuit Lands or rights in or over Labrador Inuit Lands under section 23 of the Petroleum and Natural Gas Act and the Province may not acquire any right or interest in Labrador Inuit Lands under section 23 of the Petroleum and Natural Gas Act for purposes of transferring such right or interest to a lessee but nothing in this section is intended to affect, or shall be construed so as to affect, part 4.18.

4.4.16 The Province shall not apply any mineral holding impost to the Inuit estate in Labrador Inuit Lands under section 4.4.1.

4.4.17 TheMineral Act and the Quarry Materials Act do not apply to Specified Materials in Specified Material Lands.




Part 4.5 Boundaries, Surveys and Descriptions

4.5.1 The lands identified in appendix E-1 shall be surveyed as soon as practicable after the Effective Date.

4.5.2 If, after the Effective Date, a survey is required by the Parties to better define the location of a boundary or part of a boundary of Labrador Inuit Lands, the required survey, including any associated map or description of the boundary, shall be of no effect until approved by the Parties by an amendment to the Agreement.

4.5.3 If there is a Dispute concerning the location of a boundary or part of a boundary of Labrador Inuit Lands, the boundary or part of the boundary shall be surveyed if at least two of the Parties agree that a survey is required and, subject to section 4.5.8, the cost of the survey shall be paid by those Parties. The survey, including any associated map or description of the boundary, shall be of no effect until approved by the Parties by an amendment to the Agreement.

4.5.4 Nothing in section 4.5.1, 4.5.2 or 4.5.8 prevents a Party from surveying a boundary or part of a boundary of Labrador Inuit Lands at its own discretion and at its own cost. The results of the survey, including any associated map or description of the boundary, shall be of no effect until approved by the Parties by an amendment to the Agreement.

4.5.5 If a third part y holds a Surface Interest in Labrador Inuit Lands issued by the Province or freehold title in land bounded by Labrador Inuit Lands and there is a disagreement concerning the location of the boundaries or the area of the third party's Surface Interest or land, the Province shall ensure that the relevant boundaries of the third party's land are surveyed.

4.5.6 Subject to section 4.5.1, if there is a Dispute between two of the Parties or among all Parties respecting the cost, necessity for or accuracy of a survey under this part or the location of a boundary or part of a boundary of Labrador Inuit Lands, the Dispute shall be resolved under chapter 21.

4.5.7 Unless they otherwise agree, neither Canada nor the Province is responsible for the cost of a survey associated with the sale, conveyance, transfer, mortgage, acquisition or disposal of an interest in Labrador Inuit Lands by the Nunatsiavut Government or pursuant to an Inuit Law under section 4.8.1.

4.5.8 Surveys that are required under this part, other than those referred to in section 4.5.5, shall be contracted by the Nunatsiavut Government, on condition that:

  1. the Nunatsiavut Government establishes a competitive bidding process for the awarding of those contracts; and
  2. the surveys shall be carried out according to recognized Provincial surveying standards,

but the Nunatsiavut Government incurs no financial obligation for the cost of a survey conducted under section 4.5.1, 4.5.2 or 4.5.3.

4.5.9 A survey of a boundary of Labrador Inuit Lands that has been conducted under this part and has been approved by the Parties by an amendment to the Agreement supersedes and replaces the original map and description of the boundary.




Part 4.6 Carving Stone

4.6.1 A Person who wishes to extract, use or dispose of Carving Stone from Labrador Inuit Lands must obtain a permit from the Nunatsiavut Government.

4.6.2 The holder of a Carving Stone Permit may not use or dispose of the Carving Stone extracted under the Carving Stone Permit for any purpose other than carving.

4.6.3 A Person who holds a Subsurface Interest in Labrador Inuit Lands, whether that interest was acquired before or after the Effective Date, holds the Subsurface Interest subject to the rights of Inuit in Carving Stone under section 4.4.1 and this part.

4.6.4 If the Nunatsiavut Government intends to issue a Carving Stone Permit in a location where the Province has issued a Subsurface Interest, the Nunatsiavut Government shall Consult the Province to establish terms and conditions for the Carving Stone Permit that allow the extraction of Carving Stone to proceed and the rights of the Subsurface Interest holder to be respected.

4.6.5 If there is a Dispute between the holder of a Carving Stone Permit and the holder of a Subsurface Interest the Dispute shall be resolved under chapter 21.

4.6.6 Subject to section 4.6.7, an Inuk has the right to extract up to 50 cubic metres (1,765.5 cubic feet) per year of Carving Stone from Crown land in the Labrador Inuit Settlement Area outside Labrador Inuit Lands, excluding a National Park or National Park Reserve,where such extraction does not interfere with the authorized use of the Crown land and of resources by holders of Surface Interests and Subsurface Interests.

4.6.7 Where an Inuk or Inuit extract more than 50 cubic metres (1,765.5 cubic feet) per year of Carving Stone from a site under section 4.6.6, a quarry permit or lease must be obtained by the Nunatsiavut Government under Provincial Legislation and the Nunatsiavut Government shall pay applicable fees under the quarry permit or lease. The Nunatsiavut Government may recover any fees paid under a quarry permit or lease issued under this section from the Inuk or Inuit engaged in the extraction of Carving Stone from the site.

4.6.8 Subject to section 4.6.7, an Inuk shall not be require d to pay any fee or Royalty Tax on Carving Stone to which Inuit have a right under section 4.6.6.

4.6.9 In a National Par k or National Park Reserve, Inuit have the exclusive right to extract Carving Stone but the exercise of this right:

  1. is subject to the terms and conditions of a Park Impacts and Benefits Agreement;
  2. is subject to section 9.2.12; and
  3. may only be for the carving purposes of Inuit.



Part 4.7 Specified Materials

4.7.1 The Nunatsiavut Government may quarry, or permit any Person to quarry, a Specified Material in Specified Material Lands without payment of any fee or Royalty Tax to the Province.

4.7.2 No Person may quarry a Specified Material in Specified Material Lands without a Specified Material Permit and the Nunatsiavut Government shall give notice to the Province of any Specified Material Permit that it issues.

4.7.3 The Nunatsiavut Government or a Person quarrying under a Specified Material Permit and a Person exercising a right pursuant to a Subsurface Interest shall exercise their respective rights so far as practicable to avoid conflict between their respective rights.

4.7.4 If there is a Dispute under section 4.7.3 it shall be resolved under chapter 21.

4.7.5 If a Dispute referred to in section 4.7.4 is referred to arbitration, the Arbitration Panel shall make an award specifying the terms and conditions of exercising either the right to the Specified Material or the right to the Subsurface Resource, or both, so as to reduce the conflict as far as practicable. If a conflict cannot be avoided, the Arbitration Panel shall give priority to the rights of the holder of the Subsurface Interest subject to payment of compensation to the Nunatsiavut Government or the holder of the Specified Material Permit or, in circumstances referred to in section 4.7.7, to both.

4.7.6 Compensation awarded under section 4.7.5 is limited to:

  1. reimbursement of any fees or costs associated with obtaining a Specified Material Permit;
  2. exploration expenses incurred for purposes of defining the Specified Material;
  3. the net present value of the Specified Material that would be partially or completely destroyed or that would otherwise be unavailable to the Nunatsiavut Government or the holder of the Specified Material Permit as a result of the priority given to the rights of the holder of the Subsurface Interest; and
  4. reimbursement of additional, reasonably foreseeable costs or losses that are a direct consequence of the priority given to the rights of the holder of the Subsurface Interest.

4.7.7 Compensation that is awarded to the Nunatsiavut Government under section 4.7.5 in circumstances where compensation is awarded to the holder of a Specified Material Permit under subsection 4.7.6(c) shall be limited to the difference between the charges, rents and royalties that would have been received by the Nunatsiavut Government from the holder of the Specified Material Permit pursuant to an Inuit Law under subsection 4.8.1(g) and the Revenue received by the Nunatsiavut Government in respect of the Subsurface Resource under part 7.3, if the charges, rents and royalties that would have been paid to the Nunatsiavut Government pursuant to an Inuit Law under subsection 4.8.1(g) exceed the amount of the Revenue shared under part 7.3.

4.7.8 For purposes of subsection 4.7.6(c), the net present value of the Specified Material is the net present value discounted at the prevailing industry-weighted average cost of capital. T his net present value shall be determined through technical and economic feasibility and financing studies conducted by an agency or agencies qualified in conducting such studies, operating independently at arm's length from the Specified Material and Subsurface Resource rights holders, and conforming to accepted industry standards.

4.7.9 An Arbitration Decision under section 4.7.5, including an award of compensation, may be reviewed and varied by an Arbitration Panel upon application by a Person directly affected by the Arbitration Decision where there has been a material change in relevant circumstances since the Arbitration Decision was made.

4.7.10 Subject to an Arbitration Decision under section 4.7.5 or 4.7.9, a Person exercising a right under a Subsurface Interest in Specified Material Land s may take, use, damage, or destroy any Specified Material incidental to the exercise of that right.




Part 4.8 Nunatsiavut Government Powers and Authorities in Relation to Labrador Inuit Lands

4.8.1 Subject to the Agreement, the Nunatsiavut Government may make laws in relation to the following matters:

  1. the administration and control of Labrador Inuit Lands;
  2. the alienation or other disposition of Labrador Inuit Lands and interests in Labrador Inuit Lands;
  3. the development, conservation and management of Labrador Inuit Lands;
  4. the conveyance or use of Labrador Inuit Lands or interests in Labrador Inuit Lands as security for the discharge of an obligation or debt, whether by mortgage, pledge, assignment or other form of charge;
  5. the attachment, confiscation or seizure of Labrador Inuit Lands or interests in Labrador Inuit Lands and executions against Labrador Inuit Lands or interests in Labrador Inuit Lands;
  6. the granting of rights and interests, including the right to explore, in relation to Carving Stone and Geothermal Resources in Labrador Inuit Lands and to Specified Materials in Specified Material Lands;
  7. the establishment, levying, collection and administration of fees, charges, rents or royalties in relation to Carving Stone and Geothermal Resources in Labrador Inuit Lands and to Specified Materials in Specified Material Lands;
  8. giving effect to the Exploration and Quarrying Standards;
  9. access to or use of Labrador Inuit Lands; and
  10. the imposition of fees, charges, rents or royalties in respect of access to Labrador Inuit Lands and use of Labrador Inuit Lands.

4.8.2 If there is a Conflict or inconsistency between an Inuit Law under section 4.8.1 and a federal or Provincial Law, the Inuit Law prevails to the extent of the Conflict or inconsistency.




Part 4.9 Existing Surface Interests in Labrador Inuit Lands

4.9.1 Where Labrador Inuit Lands are subject to a Surface Interest that has been issued by the Province and that is in existence on the Effective Date, the Province shall assign its rights and obligations under the Surface Interest to the Nunatsiavut Government.

4.9.2 For greater certainty, a Surface Interest assigned under section 4.9.1:

  1. continues in accordance with its terms and conditions; and
  2. vests fully in the Nunatsiavut Government upon its expiration if the holder of the Surface Interest chooses not to renew or extend it.

4.9.3 If:

  1. the holder of a Surface Interest referred to in section 4.9.1 has a right to apply for a renewal or extension of the interest under the terms and conditions of the lease, license, permit or Legislation under which the interest was held immediately prior to its assignment under section 4.9.1; or
  2. the term of the Surface Interest referred to in section 4.9.1 is five years or more,

and the holder chooses to renew or extend the interest prior to the expiration of the interest, the holder shall make application to the Nunatsiavut Government to renew or extend the interest.

4.9.4 The Nunatsiavut Government shall renew or extend a Surface Interest referred to in section 4.9.3 if the interest holder has satisfied the terms and conditions of the lease, license or permit.

4.9.5 Except as otherwise provided in section 4.9.8, the Nunatsiavut Government may, at its discretion, impose additional terms and conditions upon the renewal or extension of a Surface Interest referred to in section 4.9.3, including the imposition of fees, charges, rents or royalties, but the additional terms or conditions shall be reasonable.

4.9.6 If there is a Dispute, other than a disagreement under section 4.9.9, between the holder of a Surface Interest referred to in section 4.9.3 and the Nunatsiavut Government in connection with the renewal or extension of the Surface Interest, the Dispute shall be resolved under chapter 21.

4.9.7 After the Effective Date, the Nunatsiavut Government has the exclusive authority to issue public utility easements on Labrador Inuit Lands in an Inuit Community, subject to section 4.9.8.

4.9.8 The terms and conditions, including fee s, charges and rents, imposed by the Nunatsiavut Government upon the issuance, review, renewal or extension of the public utility easements assigned under section 4.9.1 or referred to in section 4.9.7 shall be the same as the terms and conditions imposed by the Province for easements held by public utilities in similar circumstances in Newfoundland and Labrador.

4.9.9 If there is a disagreement between a public utility and the Nunatsiavut Government arising under this part in connection with the issuance, review, renewal or extension of a public utility easement assigned under section 4.9.1 or referred to in section 4.9.7 the disagreement shall not be referred to arbitration under chapter 21 but shall be resolved by the Commissioners of the Public Utilities Board.




Part 4.10 Surface Interests in the Labrador Inuit Settlement Area Outside Labrador Inuit Lands

4.10.1 The Province shall provide to the Nunatsiavut Government on an ongoing basis information respecting the alienation or other disposition of surface title to Provincial Crown land in the Labrador Inuit Settlement Area outside Labrador Inuit Lands.

4.10.2 Canada shall provide to the Nunatsiavut Government on an ongoing basis information respecting the alienation or other disposition of federal Crown land in the Labrador Inuit Settlement Area.




Part 4.11 Subsurface Interests

4.11.1 Subject to the Agreement, the administration of Subsurface Resources in the Labrador Inuit Settlement Area shall be by the Province and, in accordance with its jurisdiction, by Canada.

4.11.2 For greater certainty, the Inuit interest under subsection 4.4.1(a) applies to all Subsurface Resources in Labrador Inuit Lands, including those in respect of which a Subsurface Interest exists on the Effective Date.

4.11.3 The Nunatsiavut Government and the Province may agree to exempt lands in Labrador Inuit Lands from the acquisition of Subsurface Interests.

4.11.4 A Subsurface Interest in existence prior to the creation of exempt lands under section 4.11.3 continues unaffected and unimpaired by the exemption.

4.11.5 After the Effective Date, all Exploration in Labrador Inuit Lands and quarrying of Subsurface Resources in Labrador Inuit Lands outside Specified Material Lands shall be carried out in accordance with this part, except for:

  1. Exploration that began before the Effective Date in accordance with an exploration plan approved under Provincial Legislation; and
  2. quarrying that began before the Effective Date in accordance with a quarry lease or permit issued under Provincial Legislation.

4.11.6 The Nunatsiavut Government and the Province shall negotiate the standards for Exploration in Labrador Inuit Lands and for quarrying in Labrador Inuit Lands outside Specified Material Lands within one year from the Effective Date or within some other time agreed by both Parties.

4.11.7 The Exploration and Quarrying Standards shall be given the force of Law by the Province and the Nunatsiavut Government, and may not be amended without the consent of both Parties. An amendment to the Exploration and Quarrying Standards comes into effect when given the force of Law by the Province and the Nunatsiavut Government.

4.11.8 Until the Exploration and Quarrying Standards become Law, Exploration in Labrador Inuit Lands and quarrying in Labrador Inuit Lands outside Specified Material Lands may proceed with the consent of the Nunatsiavut Government and the Province or in accordance with any other arrangement agreed by them.

4.11.9 If the Nunatsiavut Government and the Province do not agree on the Exploration and Quarrying Standards within the time referred to in section 4.11.6, either the Nunatsiavut Government or the Province may request that the Dispute Resolution Board establish the Exploration and Quarrying Standards by arbitration.

4.11.10 The Dispute Resolution Board acting on a request under section 4.11.9 has the authority to establish the standards referred to in section 4.11.6 and shall appoint a specialist to assist it in establishing the standards. The Dispute Resolution Board shall base its decisions on best practices in northern Canada.

4.11.11 The Nunatsiavut Government may from time to time establish a schedule of charges, fees or rentals for access to or rental of Labrador Inuit Lands for purposes of carrying out Exploration in Labrador Inuit Lands or quarrying in Labrador Inuit Lands outside Specified Material Lands. This schedule of charges, fees or rentals shall:

  1. apply uniformly to Exploration activities that are of a similar size and nature;
  2. apply uniformly to quarrying activities that are of a similar size and nature;
  3. be published by the Nunatsiavut Government; and
  4. be appended to, but not form part of, the Exploration and Quarrying Standards.

4.11.12 Exploration in Labrador Inuit Lands and quarrying in Labrador Inuit Lands outside Specified Material Lands shall be carried out in accordance with the requirements of the Agreement, Laws of General Application and an approved Work Plan.

4.11.13 Any Person planning to Explore in Labrador Inuit Lands or to quarry in Labrador Inuit Lands outside Specified Material Lands after the Effective Date must:

  1. obtain consent from the Nunatsiavut Government for access to Labrador Inuit Lands; and
  2. make an application to the Nunatsiavut Government and the Province through the submission of a work plan that describes:
    1. the nature, method, location and dates of the proposed Exploration or quarrying activities, including any proposal for the Use of Water;
    2. the establishment of any temporary camps; and
    3. any other matter required by the Exploration and Quarrying Standards.

4.11.14 Section 4.11.13 does not apply to a Person carrying on Exploration or quarrying in Labrador Inuit Lands under Provincial Legislation prior to the Effective Date, but does apply to:

  1. any application made after the Effective Date for an amendment, extension or renewal of the Exploration plan or the quarry lease or permit under which the Exploration or quarrying is carried out; and
  2. any change in location of the Exploration or quarrying.

4.11.15 No activity to which section 4.11.13 or 4.11.14 applies may commence prior to the approval of the Work Plan by both the Nunatsiavut Government and the Province.

4.11.16 The Nunatsiavut Government and the Province shall decide whether to approve or reject a Work Plan within 15 clear days from the date on which it is received.

4.11.17 A Work Plan comes into effect when it is approved by both the Nunatsiavut Government and the Province. It may be rejected only if it is inconsistent with, or does not conform to, the Exploration and Quarrying Standards or the conditions of access to Labrador Inuit Lands established by the Nunatsiavut Government under section 4.15.16. If either the Nunatsiavut Government or the Province rejects a Work Plan it must provide the reasons in writing for the rejection to the Applicant.

4.11.18 If a Work Plan is rejected under section 4.11.17 by either the Nunatsiavut Government or the Province, the Applicant may submit a revised work plan to both

Parties. Sections 4.11.13, 4.11.15, 4.11.16 and 4.11.17 apply to the revised work plan.

4.11.19 If:

  1. a Work Plan is rejected under section 4.11.17;
  2. the Applicant has been denied access to Labrador Inuit Lands by the Nunatsiavut Government; or
  3. there is a Dispute between the Applicant and the Nunatsiavut Government with respect to the Applicant's access to Labrador Inuit Lands,

the Applicant may refer the matter to arbitration under chapter 21 within 30 clear days from the date of the rejection o f the Work Plan, the date of the denial of access by the Nunatsiavut Government or the date on which the Applicant gives notice to the Nunatsiavut Government that a Dispute exists.

4.11.20 An Arbitration Panel arbitrating a Dispute under section 4.11.19 with respect to a denial of access to Labrador Inuit Lands or with respect to the Applicant's access to Labrador Inuit Lands for the purposes of Exploration or quarrying shall consider:

  1. the market value of the land intended to be used, occupied or quarried by the Applicant;
  2. the loss of use of the land by Inuit and the Nunatsiavut Government;
  3. the effect on Harvesting by Inuit;
  4. any damage to and adverse effects on Labrador Inuit Lands, including the lands to be used, occupied or quarried by the Applicant;
  5. any nuisance and inconvenience to Inuit and the Nunatsiavut Government;
  6. the cultural attachment of Inuit to the land to be used, occupied or quarried by the Applicant;
  7. any peculiar or special value to Inuit of the land to be used, occupied or quarried by the Applicant;
  8. all reasonable and related costs incurred or to be incurred by the Nunatsiavut Government;
  9. the financial ability of the Applicant to pay the costs of cleaning up, restoring or rehabilitating the land to be used, occupied or quarried by the Applicant; and
  10. any other matter provided for under Provincial Legislation with respect to compensation for entry on private land for purposes of Exploration or quarrying of Subsurface Resources,

but shall not consider the reversionary value of the l and or any fees, charges or rents referred to in section 4.11.11.

4.11.21 Notwithstanding clause 4.15.11(b)(ii), but subject to the payment of charges, fees, or rentals referred to in section 4.11.11, a Plan Holder may erect or establish a temporary camp if the camp has been approved as part of the Work Plan.

4.11.22 If a Plan Holder proposes any change or addition to the Exploration or quarrying activities carried out under the Work Plan, that Person shall provide written notice of the proposed change or addition to the Nunatsiavut Government and the Province. A new application must be submitted under subsection 4.11.13(b) if either the Nunatsiavut Government or the Province so determines.

4.11.23 An approved Work Plan may be amended by agreement of the Nunatsiavut Government and the Province.

4.11.24 An approved Work Plan may be cancelled by:

  1. the Nunatsiavut Government if the Plan Holder does not comply with the Agreement, with the terms or conditions of the Work Plan or with the conditions of access to Labrador Inuit Lands referred to in section 4.15.17; or
  2. by the Province if the Plan Holder does not comply with the Agreement, with the terms or conditions of the Work Plan or with section 4.11.12.

4.11.25 If a Work Plan is amended under section 4.11.23 without a request from the Plan Holder or has been cancelled under section 4.11.24, the Plan Holder may refer the matter to arbitration under chapter 21 within 30 clear days from the date of the amendment or cancellation. The Arbitration Panel may determine if the amendment is justifiable or if the conditions for cancellation have been met and may grant an appropriate remedy.

4.11.26 The details of a Work Plan, including a rejected, varied, amended, cancelled or approved Work Plan, shall be treated as confidential by the Nunatsiavut Government and the Province.

4.11.27 Inuit access to an Exploration site or quarry may be restricted only for reasons of safety and the restrictions shall be set out in the approved Work Plan and be publicized by the Plan Holder.

4.11.28 The Province shall provide to the Nunatsiavut Government information that it receives under Provincial Legislation respecting Exploration, quarries, quarrying and Developments in the Labrador Inuit Settlement Area on a regular basis.

4.11.29 Notwithstandingsection4.11.1,the Nunatsiavut Government and the Province may enter into agreements for the administration of Subsurface Resources in Labrador Inuit Lands and Specified Materials in Specified Material Lands, but those agreements:

  1. shall not form part of the Agreement; and
  2. are not intended to be treaties or land claims agreements and are not intended to recognize or affirm aboriginal or treaty rights within the meaning of sections 25 and 35 of the Constitution Act, 1982.



Part 4.12 Subsurface Resource Development in Labrador Inuit Lands

4.12.1 Subject to section 4.12.2, the holder of a Subsurface Interest in Labrador Inuit Lands may not develop a Subsurface Resource in Labrador Inuit Lands unless the holder of the Subsurface Interest has entered into an Inuit Impacts and Benefits Agreement with the Nunatsiavut Government under section 7.7.2.

4.12.2 A Plan Holder permitted to quarry a Quarry Material in Labrador Inuit Lands outside Specified Material Lands is not required to enter into an Inuit Impacts and Benefits Agreement with the Nunatsiavut Government under section 7.7.2.

4.12.3 The Province shall notify the Nunatsiavut Government of any application for a Subsurface Interest in Labrador Inuit Lands.

4.12.4 The Province shall Consult the Nunatsiavut Government about the conditions to be attached to a Subsurface Interest in Labrador Inuit Lands.

4.12.5 Conditions may be attached to a Subsurface Interest in Labrador Inuit Lands if the conditions:

  1. are supported by the recommendations of an Environmental Assessment carried out in accordance with chapter 11;
  2. relate directly to applicable requirements of the Agreement; or
  3. relate to applicable requirements in Legislation respecting Subsurface Resources.

4.12.6 The Province shall Consult the Nunatsiavut Government before approving, authorizing or permitting the abandonment, closure, decommissioning, reopening or reclamation of a Development that has proceeded in accordance with section 4.12.1 or a quarry referred to in section 4.12.2.




Part 4.13 Nuclear Substances

4.13.1 Nothing in the Agreement confers jurisdiction on the Nunatsiavut Government in relation to Nuclear Substances, nuclear facilities or prescribed equipment or information in relation to Nuclear Substances or nuclear facilities.

4.13.2 Subject to this part, the rights and responsibilities of the Nunatsiavut Government in relation to Subsurface Resources under this chapter apply to Minerals that may be used as a source of nuclear energy.

4.13.3 The Canadian Nuclear Safety Commission will, on a best efforts basis, inform the Nunatsiavut Government of:

  1. any application for and the issuance, renewal, replacement or amendment by the Canadian Nuclear Safety Commission of any licence that is within its jurisdiction to issue in the Labrador Inuit Settlement Area;
  2. the terms and conditions proposed by the staff of the Canadian Nuclear Safety Commission to be attached to any licence referred to in subsection (a); and
  3. documentation related to licences issued by the Canadian Nuclear Safety Commission as it relates to any environmental risks, risks to health and safety of Inuit and measures to protect the environment and the health and safety of Inuit associated with any Nuclear Substances or nuclear facilities in the Labrador Inuit Settlement Area.

4.13.4 Part 4.18 applies to the Expropriation of Labrador Inuit Lands or an interest of the Nunatsiavut Government in Subsurface Resources in Labrador Inuit Lands for purposes of the Nuclear Energy Act.

4.13.5 Canada shall be responsible for any costs of reducing or cleaning up any nuclear contamination in Labrador Inuit Lands for which decommissioning was approved prior to the Effective Date.

4.13.6 Inuit Government is not responsible or liable for any costs of reducing or cleaning up any nuclear contamination in Labrador Inuit Lands or the Inuit Communities where the contamination occurred prior to the Effective Date.




Part 4.14 Identification and Tenure of Aullâsimavet

4.14.1 Subject to the Agreement, Inuit may continue to occupy an Aullâvik that is identified in the Map Atlas (shown for illustrative purposes only in schedule 4-E).

4.14.2 Subject to Inuit Laws under section 4.8.1 and the Agreement, Inuit may continue to occupy an Aullâvik that exists in Labrador Inuit Lands on the Effective Date.

4.14.3 Subject to the Agreement, Inuit may establish new Aullâsimavet in the Labrador Inuit Settlement Area outside Labrador Inuit Lands with the consent of the Nunatsiavut Government and the Province.

4.14.4 An Aullâvik shall not be established in the Labrador Inuit Settlement Area outside Labrador Inuit Lands on lands:

  1. to which a third party holds freehold title or a Surface Interest;
  2. under the control and administration of Canada except as provided in section 4.14.5;
  3. subject to a Quarry Materials permit or lease;
  4. within the boundaries of an Inuit Community;
  5. in a Protected Area established under Provincial Law except as provided in section 4.14.5; or
  6. where establishment of an Aullâvik would be contrary to the Land Use Plan.

4.14.5 Inuit may establish an Aullâvik in a National Park, National Park Reserve, National Marine Conservation Area, National Marine Conservation Area Reserve or Protected Area in accordance with the terms of the applicable Park Impacts and Benefits Agreement or Protected Area Agreement.

4.14.6 Upon the request of the potential occupants of an Aullâvik, or the Nunatsiavut Government on their behalf, the Province shall make available lands in the Labrador Inuit Settlement Area outside Labrador Inuit Lands that are adequate, suitable and reasonably necessary for the establishment of the Aullâvik.

4.14.7 An Aullâvik in the Labrador Inuit Settlement Area outside Labrador Inuit Lands may be held by an Inuk or the Nunatsiavut Government under a lease or licence from the Crown for an agreed term and subject to Laws of General Application, but:

  1. an Inuk or the Nunatsiavut Government shall not be liable to pay any fee, charge, rent or Provincial property tax to establish or occupy an Aullâvik but nothing in this subsection affects the obligation of an Inuk or the Nunatsiavut Government to pay the cost of a survey that may be required by the Minister under subsection (b);
  2. an Inuk or the Nunatsiavut Government shall not be required to survey or register a plan of survey of the lands occupied as an Aullâvik unless the Minister specifically requires a survey on 12 months written notice to the Inuk or the Nunatsiavut Government and gives reason why the survey is necessary; and
  3. the renewal of the lease or licence, upon request by the lessee or licensee, shall not be unreasonably withheld.

4.14.8 The Nunatsiavut Government has the authority to sub-lease lands that it holds for an Aullâvik to an Inuk for use as an Aullâvik.

4.14.9 Nothing in this part prevents an Inuk from applying for a grant or lease of Crown lands or a licence to occupy Crown lands in accordance with Laws of General Application.




Part 4.15 Access to Labrador Inuit Lands

4.15.1 Inuit have the right of access to Labrador Inuit Lands subject to Inuit Laws under section 4.8.1.

4.15.2 A Non-Beneficiary may not enter, cross or remain on Labrador Inuit Lands without the consent of the Nunatsiavut Government, except as permitted under the Agreement.

4.15.3 Subject to sections 4.15.13 and 4.17.8, Persons exercising a right of access to Labrador Inuit Lands do so at their own risk and have no right of action against Inuit or the Nunatsiavut Government for an y loss suffered or damage arising there from, except where such loss or damage results from a danger negligently created by one or more Inuit or the Nunatsiavut Government, its employees or agents.

4.15.4 Remedies or penalties recognized by Law regarding trespass upon private property apply to a Non-Beneficiary exercising access to Labrador Inuit Lands in a manner or for a purpose not permitted under the Agreement.

4.15.5 Nothing in section 4.15.4 derogates from the authority of the Nunatsiavut Government to make Laws under subsection 4.8.1(i).

4.15.6 Nothing in this chapter derogates from or interferes with the public right of navigation in navigable waters.

4.15.7 The Nunatsiavut Government is under no obligation to establish, maintain or repair or to provide for the establishment, maintenance or repair of travel routes or camp sites referred to in this part and part 4.17.

4.15.8 Nothing in this part or in chapter 12 authorizes or confers a right upon a Non- Beneficiary to enter an area of Labrador Inuit Lands that is developed, occupied or being used by an Inuk or by a Person under authorization of the Nunatsiavut Government except for:

  1. entry in the case of an emergency or for purposes of subsection 4.15.26(d); or
  2. a right of entry or access to Labrador Inuit Lands that has otherwise been acquired under a Law in relation to entry or access to private property but nothing in this subsection affects or shall be construed so as to affect section 4.4.12, 4.4.14 or 4.4.15.

4.15.9 A Non-Beneficiary exercising access to Labrador Inuit Lands under the Agreement shall not create or establish new routes of travel or permanent camp sites without the consent of the Nunatsiavut Government.

4.15.10 A Non-Beneficiary exercising access to Labrador Inuit Lands under the Agreement shall provide notice to the Nunatsiavut Government prior to engaging in that access unless:

  1. the Nunatsiavut Government has dispensed with the requirement to do so;
  2. it is not reasonable to do so; or
  3. otherwise specifically exempted in the Agreement.

4.15.11 A Non-Beneficiary exercising a right of access under the Agreement:

  1. shall use, to the greatest extent possible, the travel routes and camp sites referred to in subsection 4.15.13(b) and part 4.17, except when the Non- Beneficiary is:
    1. Harvesting under section 12.7.9 or 12.13.6;
    2. engaged in commercial trapping under section 12.10.22; or
    3. a client, patron or guest of a Commercial Wildlife Operation referred to in sections 12.10.1 and 12.10.7; and
  2. shall not:
    1. engage in any activity on Labrador Inuit Lands other than those activities permitted under the Agreement;
    2. establish or erect any camps or structures other than for merely casual or temporary purposes on Labrador Inuit Lands;
    3. cause undue harm, disturbance, disruption or damage to Labrador Inuit Lands;
    4. interrupt or interfere with Inuit use, occupation or enjoyment of Labrador Inuit Lands, except to the extent necessary for purposes of the access; or
    5. use Labrador Inuit Lands for any purpose other than the purpose for which the right of access is exercised.

4.15.12 A Non-Beneficiary exercising a right of access under the Agreement:

  1. is liable for damage caused to Labrador Inuit Lands or to Inuit resulting from unnecessary interruption or interference with Inuit use, occupation or enjoyment of the lands; and
  2. may be removed from Labrador Inuit Lands by the Nunatsiavut Government for a failure to comply with any condition relating to access set out in the Agreement.

4.15.13 The consent of the Nunatsiavut Government is not required for access to Labrador Inuit Lands and no fee, charge or rent may be imposed for access to Labrador Inuit Lands if access to Labrador Inuit Lands by a Non-Beneficiary is necessary for the following purposes:

  1. emergencies;
  2. crossing Labrador Inuit Lands to reach other lands for casual, non- commercial purposes, and Non-Beneficiaries exercising access under this subsection may make any necessary stops and shall use generally recognized or specifically designated travel routes and camp sites, whether year-round or seasonal, but the Nunatsiavut Government may restrict access under this subsection for reasons of conservation or public safety; or
  3. navigation, but the right of access to Labrador Inuit Lands by a Non- Beneficiary exercising access under this subsection is limited to a 30- metre (100-foot) strip of Labrador Inuit Lands bounding Tidal Waters, navigable rivers and navigable lakes that can be entered from Tidal Waters, navigable rivers and navigable lakes.

4.15.14 If, on the Effective Date, a Non-Beneficiary has freehold title, a Surface Interest or a Subsurface Interest in lands that are in or surrounded by Labrador Inuit Lands, that title or interest includes the right to enter and cross Labrador Inuit Lands using the means and route of access that are in use by the title or interest holder on the Effective Date without the consent of the Nunatsiavut Government and without payment of any fee, charge or rent to the Nunatsiavut Government. If there is a Dispute concerning access to Labrador Inuit Lands under this section, the Non- Beneficiary or the Nunatsiavut Government may refer the Dispute to dispute resolution under chapter 21.

4.15.15 A Non-Beneficiary referred to in section 4.15.14 who wishes to cross Labrador Inuit Lands by a means or route of access that did not exist or was not in use on the Effective Date must obtain the consent of the Nunatsiavut Government and pay any fee, charge or rent established by the Nunatsiavut Government for that access.

4.15.16 With respect to Subsurface Interests in Labrador Inuit Lands issued after the Effective Date, the Nunatsiavut Government may from time to time establish conditions of access for purposes of Exploration in Labrador Inuit Lands and

quarrying in Labrador Inuit Lands outside Specified Material Lands. The conditions of access shall be:

  1. established after Consultation with the Minister;
  2. published by the Nunatsiavut Government; and
  3. appended to, but not form part of, the Exploration and Quarrying Standards.

4.15.17 The conditions of access to Labrador Inuit Lands referred to in section 4.15.16 shall be limited to conditions respecting:

  1. the location of the access so as to cause the least harm to Inuit and Labrador Inuit Lands and so as to be suitable for the Exploration or quarrying;
  2. the payment of charges, fees or rentals for access referred to in section 4.11.11;
  3. Persons other than the Plan Holder who may use the access;
  4. the area of land and nature, magnitude or intensity of land use to be served by the access;
  5. damage, Mitigation and rehabilitation; and
  6. the considerations referred to in section 4.11.20.

4.15.18 If the holder of a Subsurface Interest or a Surface Interest issued by the Province for commercial purposes outside Labrador Inuit Lands, other than one referred to in section 4.15.14, requires access across Labrador Inuit Lands and all other means of access to the Subsurface Interest or Surface Interest are impractical, that Person and that Person's contractors and suppliers shall be permitted access across Labrador Inuit Lands with the consent of t he Nunatsiavut Government on any terms and conditions the Nunatsiavut Government may establish.

4.15.19 If the Nunatsiavut Government:

  1. refuses to give the consent required by the holder of a Subsurface Interest under section 4.15.18; or
  2. requires terms and conditions that are not acceptable to the holder of the Subsurface Interest,

the holder of the Subsurface Interest may refer the Dispute to arbitration under chapter 21.

4.15.20 In an arbitration with respect to a refusal of consent under section 4.15.19, an Arbitration Panel shall not award access unless the holder of the Subsurface Interest seeking access establishes that:

  1. access to or across Labrador Inuit Lands is essential in relation to the Subsurface Interest;
  2. access by any other means is not physically practical or financially feasible;
  3. the proposed route will minimize harm, disturbance, disruption or damage to Labrador Inuit Lands and minimize interruption or interference with Inuit use, occupation or enjoyment of Labrador Inuit Lands; and
  4. the holder of the Subsurface Interest has attempted to negotiate access for a period of not less than 15 days.

4.15.21 In an arbitration under section 4.15.19, an Arbitration Panel shall not vary a term or condition referred to in subsection 4.15.19(b) unless it determines that the term or condition will frustrate access or make it financially unfeasible.

4.15.22 Members of the judiciary, officers of the courts and peace officers may enter, cross or remain on Labrador Inuit Lands to carry out their duties.

4.15.23 Members of Parliament or the House of Assembly or candidates for election to either of those bodies, together with their employees,agents and assistants, may enter, cross or remain on Labrador Inuit Lands to campaign in an election or to carry out their duties.

4.15.24 Canadian Forces personnel may enter, cross or remain on Labrador Inuit Lands to carry out activities related to national defence and security in accordance with the National Defence Act. Canada shall provide the Nunatsiavut Government with advance notice of any activities related to national defence and security in the Labrador Inuit Settlement Area, when it is reasonable to do so.

4.15.25 Notwithstanding section 4.15.24:

  1. the Department of National Defence and Canadian Forces personnel have no greater rights to conduct military manoeuvres on Labrador Inuit Lands than they have with respect to other privately owned lands under Laws of General Application; and
  2. access to Labrador Inuit Lands for manoeuvres other than those under section 257 of the National Defence Act shall occur only after the conclusion of an agreement with the Nunatsiavut Government respecting timing, notice to Persons in the area affected, compensation for damages and other matters relating to the manoeuvres.

4.15.26 Employees, contractors and agents of the Province, Canada and Crown corporations, and Canadian Forces personnel may enter, cross and remain on

Labrador Inuit Lands and, subject to the Agreement, use resources incidental to that access to:

  1. deliver public programs and projects;
  2. manage, repair or maintain public works and services;
  3. carry out inspections under Laws of General Application;
  4. carry out duties under or enforce Laws of General Application;
  5. respond to emergencies; and
  6. carry out the terms of the Agreement.

4.15.27 Notwithstanding section 4.15.29, if a Person referred to in section 4.15.22, 4.15.23, 4.15.24 or 4.15.26 requires the continuous use and occupancy of Labrador Inuit Lands for more than two years for a purpose stated in those sections, that Person shall obtain a permit or other interest in the land from the Nunatsiavut Government and pay the applicable fee, charge or rent.

4.15.28 Employees, contractors and a gents of Persons providing public utilities in the Labrador Inuit Settlement Area may temporarily enter or cross Labrador Inuit Lands to deliver, manage, repair and maintain those public utilities, but nothing in this section creates or is intended to create a utility easement or a right of way over Labrador Inuit Lands.

4.15.29 Persons exercising access under sections 4.15.22, 4.15.23, 4.15.24, 4.15.26 or 4.15.28 shall not be required to pay any fee, charge or rent for that access.




Part 4.16 Inuit Access to Labrador Inuit Settlement Area Outside Labrador Inuit Lands

4.16.1 Inuit and their transferees under sections 12.3.15 and 12.3.17 have a right of free access to Crown land in the Labrador Inuit Settlement Area outside Labrador Inuit Lands, subject to restrictions on access to lands set out in chapter 12. This access shall not interfere with other authorized uses or the ability of the Crown to authorize uses or dispose of Crown land.

4.16.2 Inuit have rights of access over Water overlying Crown land in the Labrador Inuit Settlement Area outside Labrador Inuit Lands for all purposes associated with the use and enjoyment of Labrador Inuit Lands and other rights under the Agreement. This access shall not interfere with other authorized uses of Water overlying Crown land or the ability of the Crown to authorize uses of Water.




Part 4.17 Winter Trails

4.17.1 In this part "Winter Trail" means a trail in the Labrador Inuit Settlement Area set out in the Map Atlas (shown for illustrative purposes only in schedule 4-F).

4.17.2 The Winter Trails are "travel routes" within the meaning of sections 4.15.7 and 4.15.11 and subsection 4.15.13(b) and are governed by those sections and that subsection and this part.

4.17.3 The Winter Trails are 6 metres (20 feet) wide.

4.17.4 A Winter Trail may be used by the public for transportation by snowmobile, dog sled or foot without notice to, or the consent of, the Nunatsiavut Government, while snow covered during the period from December 1 in one calendar year to May 15 in the following calendar year. This period may be varied by written agreement of the Parties.

4.17.5 A Non-Beneficiary who uses a Winter Trail on Labrador Inuit Lands:

  1. may camp only at a camp site designated or approved by the Nunatsiavut Government but may, in case of necessity, erect a camp anywhere for temporary shelter; and
  2. notwithstanding section 4.17.4, is subject to section 4.15.12.

4.17.6 Except as specifically provided in this part, all limitations on access to Labrador Inuit Lands apply to Non-Beneficiaries using a Winter Trail.

4.17.7 Canada and the Province have no obligation under the Agreement to establish, maintain or repair or provide for the establishment, maintenance or repair of Winter Trails or camp sites referred to in this part.

4.17.8 A Person who uses a Winter Trail assumes any and all risks associated with use of the Winter Trail and, for greater certainty, no suit, action, claim, demand or proceeding may be commenced or brought against the Nunatsiavut Government, an Inuit Community Government or any Designated Inuit Organization, Canada or the Province or any of their respective employees, agents or assigns by any Person in respect of any injury, loss, damage, cost or expense of any kind caused by or resulting from access to or use of a Winter Trail.

4.17.9 The Nunatsiavut Government may restrict the use of a Winter Trail on Labrador Inuit Lands only for reasons of conservation or public safety. Except in the event of an emergency, the Nunatsiavut Government shall Consult the Province before restricting the use of a Winter Trail under this section.

4.17.10 No fee, charge or levy of any kind shall be payable by any Person to the Nunatsiavut Government, an Inuit Community Government, an Inuit Community Corporation or an Inuit Business for use of a Winter Trail on Labrador Inuit Lands or Community Lands, and no fee, charge or levy of any kind shall be payable by an Inuk, Inuit Business, the Nunatsiavut Government, an Inuit Community Government or an Inuit Community Corporation to any Person for use of a Winter Trail.

4.17.11 A Winter Trail is not a road or highway under any Law.

4.17.12 For greater certainty:

  1. where a Winter Trail is located on Labrador Inuit Lands, the lands are Labrador Inuit Lands for all purposes, subject to this part; and
  2. nothing in this part entitles a Non-Beneficiary to Harvest on Labrador Inuit Lands except under circumstances of emergency.



Part 4.18 Expropriation of Labrador Inuit Lands

4.18.1 Labrador Inuit Lands shall not be Expropriated except in accordance with this part.

4.18.2 Canada or the Province, prior to making a decision to Expropriate Labrador Inuit Lands, shall:

  1. ensure that lands other than Labrador Inuit Lands are used, if other lands are reasonably available for the purpose for which the Labrador Inuit Lands are intended to be Expropriated;
  2. make reasonable efforts to acquire the Labrador Inuit Lands through a negotiated land transfer agreement with the Nunatsiavut Government, rather than by Expropriation; and
  3. Consult the Nunatsiavut Government.

4.18.3 No Expropriation of Labrador Inuit Lands is effective without the prior consent of:

  1. the Lieutenant-Governor in Council in the case of an Expropriation by a Provincial Expropriation Authority; or
  2. the Governor in Council in the case of an Expropriation by a federal Expropriation Authority.

4.18.4 If a negotiated land transfer agreement in accordance with subsection 4.18.2(b) is not possible, the Expropriation Authority shall serve written notice of the proposed Expropriation on the Nunatsiavut Government and any Person claiming under the Nunatsiavut Government, including a Person holding an interest referred to in section 4.9.1.

4.18.5 If a piece or parcel of Labrador Inuit Lands is Expropriated, the Expropriation Authority may offer compensation in the form of other land of equivalent significance and value, but, except as provided in section 4.18.10, the Nunatsiavut

Government or a Person claiming under the Nunatsiavut Government, including a Person holding an interest referred to in section 4.9.1, shall not be required to take compensation in the form of other land.

4.18.6 If there is a Dispute over:

  1. the value of, or interest in, the Labrador Inuit Lands to be Expropriated;
  2. the amount or form of compensation;
  3. costs; or
  4. interest on the compensation,

the Dispute shall be referred to arbitration under chapter 21.

4.18.7 An Arbitration Panel shall consider the following matters when making an award in respect of a Dispute referred to in section 4.18.6:

  1. loss of use of the Expropriated land to the Nunatsiavut Government and any Person claiming under the Nunatsiavut Government, including a Person holding an interest referred to in section 4.9.1;
  2. the adverse effect of the Expropriation on other Labrador Inuit Lands;
  3. damage that may be caused to any unexpropriated interest in the Expropriated land;
  4. nuisance, including noise and inconvenience to the Nunatsiavut Government and any Person claiming under the Nunatsiavut Government or holding an interest referred to in section 4.9.1;
  5. the cultural attachment of Inuit to the Expropriated land;
  6. the effect on Wildlife, Habitat and Harvesting by Inuit;
  7. any particular or special value to Inuit of the Expropriated land;
  8. any and all costs reasonably associated with the Expropriation and any related negotiations, mediation or arbitration;
  9. the market value of the Expropriated land;
  10. whether other land is offered in compensation and, if so, the significance and value of that land; and
  11. any other matter that may be considered under relevant Legislation.

4.18.8 Upon completion of Expropriation proceedings in compliance with this part, the Expropriated interest in Labrador Inuit Lands is no longer vested in Inuit and if the entire Inuit estate under section 4.4.1 in a piece of Labrador Inuit Lands is Expropriated, that piece ceases to be Labrador Inuit Lands.

4.18.9 Expropriated land that is no longer required for the purposes for which it was Expropriated may, with the consent of the relevant Parties, be conveyed to Inuit at an agreed price, or, in the absence of agreement, a price determined by an Arbitration Panel in accordance with chapter 21. Land conveyed to Inuit under this section shall be Labrador Inuit Lands.

4.18.10 If at any time 12 percent of Labrador Inuit Lands, as identified and selected by Inuit at the Effective Date have already been and remain Expropriated, no further Expropriation of Labrador Inuit Lands shall occur unless the Expropriation Authority provides compensation that includes an amount of previously Expropriated Labrador Inuit Lands equivalent in significance and value to the Labrador Inuit Lands proposed for Expropriation.

4.18.11 For greater certainty, lands transferred in a land transfer agreement referred to in subsection 4.18.2(b) are not Expropriated lands and shall not be included in the calculation of the percentage of Labrador Inuit Lands referred to in section 4.18.10 that have been and remain Expropriated.

4.18.12 Lands acquired by Inuit as compensation under this part are Labrador Inuit Lands.





Chapter 5: Water Management and Inuit Water Rights

Part 5.1 Definitions

5.1.1 In this chapter:

"Compensation Agreement" means an agreement referred to in subsection 5.6.2(a).




Part 5.2 General

5.2.1 Subject to this chapter, the Minister has the authority and responsibility for the management of the Use of Water in the Labrador Inuit Settlement Area.

5.2.2 Except as provided in sections 5.2.3 and 5.2.4, no Person may use Water in the Labrador Inuit Settlement Area without obtaining a Water Use Permit from the Minister.

5.2.3 Inuit may use Water in the Labrador Inuit Settlement Area for personal, family or domestic purposes, including hygiene and sanitation, for purposes related to the Inuit Domestic Harvest and the Inuit Domestic Fishery and for purposes of transportation associated with Harvesting without obtaining a Water Use Permit from the Minister and without charge, but nothing in this section precludes charges for Water services by the Person providing those services.

5.2.4 Nothing in this chapter affects any right that a natural person may have to use Water for domestic purposes pursuant to Legislation.

5.2.5 The exercise of the rights referred to in sections 5.2.3, 5.2.4 and 5.3.2 is subject to:

  1. the public right of navigation;
  2. the temporary Use of Water for emergency purposes, including fire fighting; and
  3. Water Use rights existing on the Effective Date under a valid grant, lease, licence or other instrument or under a statute.

5.2.6 Nothing in this chapter permits a Person to discharge Waste into Water without a Water Use Permit from the Minister.

5.2.7 Subject to section 5.2.8, rights to use water in the Labrador Inuit Settlement Area that exist on the Effective Date under a valid grant, lease, licence or other instrument or under a statute continue in accordance with the applicable grant, lease, licence or other instrument or under the statute, subject to Laws of General Application.

5.2.8 Any renewal, extension or amendment to a right referred to in section 5.2.7 that is required for purposes of an extension or modification to a Development in existence on the Effective Date shall be effected by the issuance of a Water Use Permit in accordance with this chapter.

5.2.9 Except for Water Uses referred to in sections 5.2.3 and 5.2.4, all applications for the Use of Water in the Labrador Inuit Settlement Area and all applications for renewals, extensions, or amendments of permitted Water Uses in the Labrador Inuit Settlement Area are subject to Environmental Assessment under chapter 11 prior to the issuance, renewal, extension or amendment of the Water Use Permit.

5.2.10 A decision of the Minister respecting a Water Use Permit in the Labrador Inuit Settlement Area must conform to the Land Use Plan.

5.2.11 Nothing in this chapter precludes the Nunatsiavut Government, an Inuit Community Government, an Inuk or an Inuit Business from selling Water in accordance with Laws of General Application after obtaining a Water Use Permit.

5.2.12 Notwithstanding any other provision of this chapter, Labrador Inuit Lands may not be flooded or used for the storage or diversion of Water by any Person without the consent of the Nunatsiavut Government.

5.2.13 Except as provided in sections 5.2.3, 5.2.14, 5.2.15, 5.3.2 and subsection 5.5.4(b) this chapter does not apply to a National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve.

5.2.14 Section 5.2.3 shall not be construed so as to entitle Inuit to remove Water from a National Park, National Park Reserve, National Marine Conservation Area, National Marine Conservation Area Reserve, Federal Wildlife Area or Migratory Bird Sanctuary except when the Water is carried by an Inuk for purposes of section 5.2.3 when travelling.

5.2.15 If a Water Use in a National Park, National Park Reserve, National Marine Conservation Area, National Marine Conservation Area Reserve, Federal Wildlife Area or Migratory Bird Sanctuary affects the Water rights of Inuit under section 5.3.2, Inuit shall be entitled to compensation in respect of the factors set out in section 5.6.5 or as set out in the relevant Park Impacts and Benefits Agreement or Protected Area Agreement.




Part 5.3 Inuit Water Rights

5.3.1 Subject to sections 5.2.4 and 5.2.7, a Person may not use Water that is on, in, under or flowing through Labrador Inuit Lands except in accordance with part 5.4.

5.3.2 Subject to this chapter, Inuit have the right to enjoy Water that is on, in, under, flowing through or adjacent to Labrador Inuit Lands substantially unaltered as to quantity, quality and rate of flow.

5.3.3 The right referred to in section 5.3.2 is vested in the Nunatsiavut Government for the use and benefit of Inuit.




Part 5.4 Administration of Water Uses in Labrador Inuit Lands

5.4.1 No Person, including the Nunatsiavut Government, may use Water that is on, in, under or flowing through Labrador Inuit Lands for any purpose other than one referred to in section 5.2.3 or 5.2.4 without a Water Use Permit issued by the Minister, but the Water Use Permit shall be issued without payment of application fees.

5.4.2 If the Nunatsiavut Government wishes to use Water that is on, in, under or flowing through Labrador Inuit Lands for a purpose other than one referred to in section 5.2.3 or 5.2.4 it shall submit an application to the Minister who shall approve the application and issue a Water Use Permit in accordance with this part.

5.4.3 If a Person other than the Nunatsiavut Government wishes to use Water that is on, in, under or flowing through Labrador Inuit Lands for a purpose other than one referred to in section 5.2.3 or 5.2.4, that Person shall, before submitting an application for a Water Use Permit to the Minister under section 5.4.6, submit the proposed application to the Nunatsiavut Government. For purposes of this part, the proposed application submitted to the Nunatsiavut Government is referred to as a "proposal".

5.4.4 The Nunatsiavut Government may reject a proposal or approve a proposal with or without terms and conditions and shall inform the Minister of its decision.

5.4.5 The following are deemed to have been approved by the Nunatsiavut Government under section 5.4.4, notwithstanding section 5.4.3:

  1. a Use of Water on, in, under or flowing through Labrador Inuit Lands in relation to Exploration that commenced prior to the Effective Date in accordance with an exploration plan approved under Provincial Legislation if the Person authorized to carry out the Exploration holds a valid grant, lease, licence or other instrument for the Use of Water;
  2. a Use of Water on, in, under or flowing through Labrador Inuit Lands in relation to quarrying that commenced prior to the Effective Date in accordance with a quarry permit issued under Provincial Legislation if the Person authorized to carry out the quarrying holds a valid grant, lease, licence or other instrument for the Use of Water; or
  3. a Use of Water on, in, under or flowing through Labrador Inuit Lands in relation to Exploration in Labrador Inuit Lands or quarrying in Labrador Inuit Lands outside Specified Materials Lands in accordance with a Work Plan that has been approved under section 4.11.15.

5.4.6 If a proposal is approved by the Nunatsiavut Government, the Person may then submit that proposal, as approved by the Nunatsiavut Government, as an application to the Minister, who shall, in accordance with this part, determine whether to issue a Water Use Permit.

5.4.7 The Minister shall not reject an application referred to in section 5.4.6 unless the Minister determines that the proposed Water Use will have adverse effects outside Labrador Inuit Lands for which compensation of a third party whose rights are detrimentally affected is not possible or would not be adequate.

5.4.8 Notwithstanding section 5.4.7, the Minister shall not refuse to issue a Water Use Permit for an application referred to in section 5.4.6 that is for community Water supply purposes.

5.4.9 Nothing in section 5.2.11, 5.4.7 or 5.4.8 affects the discretion of the Minister to prohibit, in accordance with Laws of General Application, the bulk removal of water from Newfoundland and Labrador.

5.4.10 Nothing in this chapter affects the discretion of the Minister to refuse to issue a Water Use Permit for reasons of public health.

5.4.11 Prior to rejecting an application for the Use of Water referred to in section 5.4.6, the Minister shall Consult the Nunatsiavut Government.

5.4.12 Prior to establishing terms and conditions with respect to an application for the Use of Water referred to in section 5.4.6 that are different from those established by the Nunatsiavut Government under section 5.4.4, the Minister shall Consult the Nunatsiavut Government with a view to reaching an agreement. If no agreement is reached, the Nunatsiavut Government may:

  1. reject the issuance of the Water Use Permit, in which case it shall not be issued; or
  2. agree to the issuance of the Water Use Permit on the terms and conditions established by the Minister.

5.4.13 A Water Use Permit issued to the Nunatsiavut Government may be assigned by the Nunatsiavut Government to an Inuk or Inuit Business.

5.4.14 Notwithstanding that the definition of Water does not include Tidal Waters, if a power Development is proposed within the area set out in the Map Atlas (shown for illustrative purposes only in schedule 5-A) that substantially alters the quantity, quality or rate of flow of Tidal Waters adjacent to Labrador Inuit Lands within the area shown in schedule 5-A, the Development shall not be permitted to proceed until the Nunatsiavut Government and the Developer have concluded a Compensation Agreement and, for purposes of negotiations or an arbitration related to the Compensation Agreement, Inuit shall be entitled to claim for losses likely to result from the substantial alteration to the quantity, quality or rate of flow of the Tidal Waters adjacent to Labrador Inuit Lands within the area shown in schedule 5-A.




Part 5.5 Administration of Water Uses in the Labrador Inuit Settlement Area Outside Labrador Inuit Lands

5.5.1 Before determining whether to issue a Water Use Permit in the Labrador Inuit Settlement Area outside Labrador Inuit Lands, or a Water Use Permit outside the Labrador Inuit Settlement Area that may affect Water or a Water Use in the Labrador Inuit Settlement Area, the Minister shall Consult the Nunatsiavut Government with respect to the application for the Water Use Permit and shall, in making the determination, take into account:

  1. the impact of the proposed Water Use on Fish, Fish Habitat, Aquatic Plants, Wildlife, Plants and Habitat in the Labrador Inuit Settlement Area;
  2. the impact of the proposed Water Use on Harvesting rights of Inuit under the Agreement;
  3. the impact of the proposed Water Use on the quantity, quality or rate of flow of Water on, in, under, flowing through or adjacent to Labrador Inuit Lands;
  4. measures to Mitigate any negative effects or impacts of the proposed Water Use;
  5. existing water rights; and
  6. any other matters that the Nunatsiavut Government and the Minister consider relevant.

5.5.2 Notwithstanding the definition of Consultation, if a time is established under a Law of General Application for purposes of the issuance of Water Use Permits outside the Labrador Inuit Settlement Area, Consultation with respect to the issuance of a Water Use Permit under section 5.5.1 shall be carried out within that time and the Nunatsiavut Government shall be given the full period of time available under the Law to complete the Consultation.

5.5.3 If the Minister, after Consulting the Nunatsiavut Government in accordance with section 5.5.1, determines that the Water Use may affect Inuit rights under the Agreement, the Minister shall not issue a Water Use Permit in the Labrador Inuit Settlement Area outside Labrador Inuit Lands, unless the Minister also determines that:

  1. there is no alternative that could reasonably satisfy the requirements of the applicant; and
  2. if there is no reasonable alternative, there are no reasonable measures whereby the applicant could avoid affecting Inuit rights under the Agreement.

5.5.4 If the proposed Water Use referred to in section 5.5.1 may substantially alter the quantity, quality or rate of flow of Water on, in, under, flowing through or adjacent to Labrador Inuit Lands, the Minister shall not issue the Water Use Permit unless the Minister has made the determinations referred to in section 5.5.3 and:

  1. a Compensation Agreement is in effect; or
  2. in circumstances where a Park Impacts and Benefits Agreement or Protected Area Agreement referred to in section 5.2.15 or an Inuit Impacts and Benefits Agreement is required, a Park Impacts and Benefits Agreement, Protected Area Agreement or Inuit Impacts and Benefits Agreement that includes provisions respecting the rights of Inuit to compensation under this part has been concluded.

5.5.5 The Minister shall, as soon as practicable, Consult the Nunatsiavut Government, the Tornga t Joint Fisheries Board and the Torngat Wildlife and Plants Co- Management Board on matters set out in section 5.5.6 and any proposed changes to Legislation, policies or guidelines that may affect the Use of Water in the Labrador Inuit Settlement Area.

5.5.6 Except as provided in this chapter, nothing in part 5.4 restricts the Minister's power to:

  1. use Water on, in , under, flowing through or adjacent to Labrador Inuit Lands for purposes related to research, protection and conservation of Water, aquatic life and aquatic habitat;
  2. establish standards and measures for the protection of Water, including community Water supplies, on, in, under, flowing through or adjacent to Labrador Inuit Lands;
  3. use or authorize the Use of Water on, in, under, flowing through or adjacent to Labrador Inuit Lands for purposes of fighting fires;
  4. establish flood control measures, develop flood plain management strategies and designate flood risk zones with respect to Water on, in, under, flowing through or adjacent to Labrador Inuit Lands;
  5. carry out or authorize hydrologic data collection and hydrologic research with respect to Water on, in, under, flowing through or adjacent to Labrador Inuit Lands; and
  6. use or authorize the Use of Water on, in, under, flowing through or adjacent to Labrador Inuit Lands for any other similar purpose that is in the common interest of Inuit and the other residents of the Labrador Inuit Settlement Area,

but nothing in this section permits a Use of Water with respect to Water on, in, under, flowing through or adjacent to Labrador Inuit Lands for purposes of a Development.

5.5.7 For greater certainty, the Nunatsiavut Government has no responsibility and incurs no liability with respect to any matter referred to in section 5.5.6 and nothing in section 5.5.6 derogates from Inuit rights under part 5.3.

5.5.8 If the Province decides to delegate responsibility for the management of Water or the issuance of Water Use Permits in the Labrador Inuit Settlement Area or the issuance of Water Use Permits that may affect Water in the Labrador Inuit Settlement Area to a board, body or authority, at least one member of the board, body or authority shall be appointed by the Nunatsiavut Government.

5.5.9 The Minister shall not unreasonably deny an application by any Person for the Use of Water in the Labrador Inuit Settlement Area for purposes of an Inuit Community or for purposes of a Development in Labrador Inuit Lands where Water for that purpose is not readily available in Labrador Inuit Lands.




Part 5.6 Compensation

5.6.1 The rights of Inuit under part 5.3 and section 5.4.14 entitle Inuit to compensation in accordance with this part.

5.6.2 No Water Use Permit shall be issued to a Developer in respect of a Development in the Labrador Inuit Settlement Area that may substantially alter the quantity, quality or rate of flow of Water on, in, under, flowing through or adjacent to Labrador Inuit Lands unless, after the Minister has made the determinations referred to in section 5.5.3:

  1. the Developer has entered into a compensation agreement with the Nunatsiavut Government in accordance with this part or a compensation agreement has been established by an Arbitration Panel in accordance with section 5.6.3 and this part; or
  2. the Developer and the Nunatsiavut Government have agreed on compensation provisions regarding the matters referred to in section 5.6.5 in an Inuit Impacts and Benefits Agreement.

5.6.3 Unless an Inuit Impacts and Benefits Agreement has been reached, a Developer and the Nunatsiavut Government shall negotiate for the purpose of reaching a Compensation Agreement. If a Compensation Agreement has not been concluded by the Nunatsiavut Government and the Developer within 60 clear days from the commencement of the negotiations, the Nunatsiavut Government or the Developer may refer any unresolved issue relating to the content, terms or conditions of the Compensation Agreement to arbitration under chapter 21 and the Arbitration Decision shall be made within 90 clear days from the date of the referral.

5.6.4 For purposes of section 5.6.3, the negotiations shall be deemed to have commenced seven clear days from the determinations by the Minister referred to in section 5.5.3.

5.6.5 If a Dispute over compensation is referred to arbitration under this chapter, chapter 7 or chapter 9, the Arbitration Panel, in determining the compensation to be awarded to Inuit under a Compensation Agreement, Inuit Impacts and Benefits Agreement or Protected Area Agreement referred to in section 5.2.15, shall take into account:

  1. the anticipated adverse effects, including incremental and cumulative effects, of the change in quantity, quality or rate of flow of Water on, in, under, flowing through or adjacent to Labrador Inuit Lands that are likely to result from the proposed Water Use;
  2. the anticipated nuisance, inconvenience, disturbance or noise caused by the change in quantity, quality or rate of flow of Water on, in, under, flowing through or adjacent to Labrador Inuit Lands that is likely to result from the proposed Water Use;
  3. the anticipated adverse effects of the change in quantity, quality or rate of flow of Water upon pre-existing Water Uses by Inuit or in Labrador Inuit Lands that are likely to result from the proposed Water Use;
  4. the cultural attachment of Inuit to Labrador Inuit Lands, including Water, that would be adversely affected by the change in quantity, quality or rate of flow of Water;
  5. the decrease in value of Labrador Inuit Lands, including Water, that are likely to be affected by the change in quantity, quality or rate of flow of Water;
  6. the level of damage that is likely to result from the Water Use;
  7. interference with Inuit rights under the Agreement; and
  8. any other matter the Arbitration Panel may consider relevant for purposes of determining the compensation award.

5.6.6 An Arbitration Panel shall presume that a substantial change in the quantity, quality or rate of flow of Water on, in, under, through or adjacent to Labrador Inuit Lands entitles the Nunatsiavut Government to compensation.

5.6.7 Unless otherwise agreed by the Nunatsiavut Government and a Developer, a determination of compensation made by an Arbitration Panel under section 5.6.3 shall provide for periodic payments and periodic review of the payments for the purpose of adjustments, having due regard to the nature and duration of the Water Use.

5.6.8 An Arbitration Panel may, if it receives a request for compensation in kind from the Nunatsiavut Government, award compensation under a Compensation Agreement, Inuit Impacts and Benefits Agreement or Protected Area Agreement referred to in section 5.2.15 in the form of compensation in kind or partly in the form of monetary compensation and partly in the form of compensation in kind.

5.6.9 Nothing in this part restricts any of the rights or remedies of Inuit in the event that a Person:

  1. uses Water without a required Water Use Permit;
  2. breaches the terms and conditions of a Water Use Permit so as to affect Inuit rights under section 5.3.2; or
  3. breaches the terms or conditions of a Compensation Agreement.




Chapter 6: Ocean Management

Part 6.1 Definitions

6.1.1 In this chapter:

"Marine Protected Area Agreement" means an agreement referred to in section 6.4.5 or 6.4.6;

"Ocean Areas Adjacent to the Zone" means those waters lying eastward of the Zone that are bounded to the south by latitude 54 o north and extending, at any point, as far as the outer edge of the continental margin or a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea of Canada is measured, whichever is greater;

"Petroleum Development Plan" means a plan submitted under subsection 139(2) of the Canada-Newfoundland Atlantic Accord Implementation Act and subsection 135(2) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act for the purpose of obtaining approval of the general approach of developing a pool or field as proposed in the plan; and

"Regulator" means Canada, the Province or other regulator having jurisdiction or authority with respect to a matter, including the Canada-Newfoundland Offshore Petroleum Board.




Part 6.2 General

6.2.1 This chapter shall be interpreted in a manner consistent with:

  1. Canada's sovereignty, sovereign rights, jurisd iction and international obligations; and
  2. the Province's jurisdiction in the Labrador Inuit Settlement Area.

6.2.2 This chapter does not apply to a National Park, National Park Reserve, National Marine Conservation Area, National Marine Conservation Area Reserve or Protected Area.




Part 6.3 Ocean Management

6.3.1 Before finalizing a strategy for the management of estuarine, coastal and marine areas that would directly apply to the estuarine, coastal and marine areas of the Labrador Inuit Settlement Area, the Minister shall Consult the Nunatsiavut Government with respect to the strategy.

6.3.2 The Minister shall Consult the Nunatsiavut Government in the development and implementation of plans for the integrated management of activities or measures that directly affect the estuarine, coastal and marine areas of the Labrador Inuit Settlement Area.

6.3.3 The Consultation referred to in section 6.3.2 shall include Consultation about:

  1. the establishment of, and possible Inuit participation in, advisory or management bodies; and
  2. the establishment of environmental guidelines, objectives and criteria respecting the quality of the estuarine, coastal and marine area s of the Labrador Inuit Settlement Area.



Part 6.4 Marine Protected Areas

6.4.1 If the Minister proposes to develop a system of Marine Protected Areas, the Minister shall Consult the Nunatsiavut Government to the extent that the system applies to the estuarine, coastal and marine areas of the Labrador Inuit Settlement Area.

6.4.2 The Minister shall Consult the Nunatsiavut Government prior to establishing, disestablishing or changing the boundaries of a Marine Protected Area in the Zone.

6.4.3 Nothing in this part prevents the Nunatsiavut Government from recommending to the Minister:

  1. the establishment of Marine Protected Areas in the Zone; and
  2. terms and conditions relating to management plans for Marine Protected Areas in the Zone.

6.4.4 The Minister shall accept, vary or reject a recommendation made under section 6.4.3 and, in the case of a rejection or variance, shall provide the Nunatsiavut Government with the reasons for the decision in writing.

6.4.5 Prior to the establishment of a Marine Protected Area in the Zone, Canada and the Nunatsiavut Government shall, unless otherwise agreed between them, negotiate a Marine Protected Area agreement.

6.4.6 If Canada and the Nunatsiavut Government cannot conclude an agreement referred to in section 6.4.5 within 180 clear days from the commencement of negotiations for that purpose, or any other time agreed to by them, they shall select a conciliator who shall submit a report to them for consideration. If Canada and the Nunatsiavut Government cannot agree on the selection of the conciliator, the Minister may select the conciliator. If Canada and the Nunatsiavut Government cannot agree following conciliation, each party shall, within 60 clear days from the conclusion of the conciliation proceedings, submit a report to the Minister for the Minister's consideration and decision on the terms of the agreement.

6.4.7 A Marine Protected Area Agreement may include any matter connected with a Marine Protected Area, including those matters identified in schedule 6-A.

6.4.8 A Marine Protected Area Agreement:

  1. shall not form part of the Agreement; and
  2. is not intended to be a treaty or land claims agreement and is not intended to recognize or affirm aboriginal or treaty rights within the meaning of sections 25 and 35 of the Constitution Act, 1982.

6.4.9 In the event of an emergency, the Minister may establish, disestablish or change the boundaries of a Marine Protected Area in the Zone without first following the process set out in sections 6.4.2, 6.4.5 and 6.4.6. The Minister shall advise the Nunatsiavut Government as soon as practicable after doing so.

6.4.10 Federal publications informing the public about Marine Protected Areas in the Zone must be made available in Inuktitut.




Part 6.5 Marine Shipping

6.5.1 The Minister shall Consult the Nunatsiavut Government prior to:

  1. the establishment by the Minister of marine navigation services in the Zone; and
  2. the issuance of approvals or exemptions under the Navigable Waters Protection Act in the Zone.

6.5.2 Section 6.5.1 does not apply in the event of an emergency.




Part 6.6 Development and Exploration

6.6.1 Canada and the Province shall Consult the Nunatsiavut Government prior to permitting, approving or authorizing a Development of Minerals in the Zone, including any marine transportation in the Zone directly associated with the Development. The Consultation shall take into consideration Inuit rights in the Zone under the Agreement and that Inuit resident in the Labrador Inuit Settlement Area are adjacent to the Zone.

6.6.2 The Nunatsiavut Government may make recommendations to the Minister regarding the potential impact on the integrity of land fast sea ice of a Development or Petroleum Exploration in the Labrador Inuit Settlement Area, including any marine transportation in the Zone directly associated with the Development or Petroleum Exploration.

6.6.3 A Regulator shall Consult the Nunatsiavut Government prior to:

  1. making a decision to open any part of the Zone to Petroleum Exploration or making a decision to issue Petroleum interests within the Zone;
  2. issuing rights in relation to tidal energy within the Zone;
  3. making a decision to permit, license or grant the right to construct, operate or abandon a pipeline in the Zone;
  4. deciding not to conduct a public review or a public hearing in relation to a potential Petroleum Development or tidal energy project in the Zone;
  5. establishing terms of reference or a timetable for the public review of a Petroleum Development, including a Petroleum Development Plan, in the Zone;
  6. establishing terms of reference, requirements or guidelines for preparation of a preliminary development plan, environmental issue list, environmental impact statement, socio-economic impact statement or any other plan or statement in relation to a Petroleum Development in the Zone; or
  7. making a decision whether to approve a Petroleum Development Plan in the Zone.

6.6.4 Notwithstanding the definition of Consult, the obligation to Consult referred to in section 6.6.3 shall be carried out within:

  1. any applicable timetable prescribed by the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act; or
  2. any timetable that applies to a matter referred to in section 6.6.3 under a Law of General Application and that is applicable to federal and Provincial government departments or agencies.

6.6.5 For greater certainty, the Nunatsiavut Government shall have the full period of time available under the applicable timetable referred to in section 6.6.4 for Consultation.

6.6.6 A Regulator shall notify the Nunatsiavut Government in writing about any permit, approval or authorization that it proposes to issue for:

  1. a Petroleum Exploration program in the Zone; or
  2. a Development of Minerals or a Petroleum Exploration program in Ocean Areas Adjacent to the Zone,

and the Nunatsiavut Government may make recommendations to the Regulator with respect to the proposed permit, approval or authorization.

6.6.7 The recommendations of the Nunatsiavut Government referred to in section 6.6.6 shall be made within:

  1. any applicable timetable prescribed by the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act; or
  2. any timetable that applies to a matter referred to in section 6.6.6 under a Law of General Application and that is applicable to federal and Provincial Government departments or agencies.

6.6.8 Where any individual is to be nominated or appointed for the purpose of conducting a public hearing in relation to a potential Petroleum Development in the Zone, the Regulator shall Consult the Nunatsiavut Government prior to making the nomination or appointment. Nothing in this section derogates from chapter 11.

6.6.9 The Canada-Newfoundland Offshore Petroleum Board may, in the exercise of a power or the performance of a duty, Consult the Nunatsiavut Government in relation to:

  1. Environmental protection and regulation in the Zone;
  2. emergency measures in the Zone;
  3. marine transportation in the Zone; and
  4. other matters that are appropriate in relation to the Zone.

6.6.10 When Petroleum Exploration or Petroleum Development is being carried out in the Zone, each of Canada and the Province shall appoint a representative of the Nunatsiavut Government to the committee responsible for reviewing and monitoring implementation of the oil pollution and fisheries compensation regime under the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, should such a committee be established. If such a committee is not established at any time when Petroleum Exploration or Petroleum Development is being carried out in the Zone, Canada and the Province shall Consult the Nunatsiavut Government about the implementation of the oil pollution and fisheries compensation regime under the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act.

6.6.11 Canada and the Province shall Consult the Nunatsiavut Government prior to establishing an oil pollution and fisheries compensation regime for Petroleum Exploration or Petroleum Development in the Zone other than the oil pollution and fisheries compensation regime established under the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act.

6.6.12 The Environmental Studies Management Board under the Canada Petroleum Resources Act shall Consult the Nunatsiavut Government prior to approving any environmental and social studies pertaining to Petroleum Exploration or Petroleum Development in the Zone.

6.6.13 The Nunatsiavut Government may propose environmental and social studies pertaining to Petroleum Exploration or Petroleum Development in the Labrador Inuit Settlement Area for funding under the Canada Petroleum Resources Act.




Part 6.7 Inuit Impacts and Benefits Agreements in the Zone

6.7.1 Subject to sections 6.7.11, 6.7.12 and 6.7.13, no Major Development, or any part, phase or stage of a Major Development, including any marine transportation in the Zone directly associated with the Major Development, may commence in the Zone until an agreement has been concluded between the Developer and the Nunatsiavut Government in accordance with this part or, in circumstances referred to in section 6.7.8, 6.7.9, 6.7.10 or 6.7.13, has been established for them by an Arbitration Panel in accordance with this part.

6.7.2 A Developer of a Major Development in the Zone is subject to chapter 14 unless the Nunatsiavut Government agrees otherwise in an Inuit Impacts and Benefits Agreement.

6.7.3 An Inuit Impacts and Benefits Agreement may provide for any matter connected with a Major Development in the Zone, including any marine transportation in the Zone directly associated with the Major Development, that could have a detrimental impact on Inuit or that could reasonably confer a benefit on Inuit, including any matter identified in schedule 6-B.

6.7.4 The negotiation of an Inuit Impacts and Benefits Agreement shall be guided by the following principles:

  1. the benefits shall be consistent with and promote Inuit cultural goals;
  2. the nature and extent of the benefits shall be related to the nature, scale and cost of the Major Development;
  3. the benefits shall not place an excessive burden on the Developer or undermine the viability of the Major Development;
  4. any negative impacts on the Environment, Inuit and Inuit rights under the Agreement shall be avoided, mitigated or compensated in a manner consistent with the nature, scale and cost of the Major Development; and
  5. the Inuit Impacts and Benefits Agreement shall give priorities to Inuit but shall not preclude other residents adjacent to the Zone from obtaining benefits from the Major Development.

6.7.5 A Developer who proposes a Major Development in the Zone shall:

  1. give written notice of the proposed Major Development to the Nunatsiavut Government at the earliest reasonable opportunity;
  2. start the negotiation of an Inuit Impacts and Benefits Agreement with the Nunatsiavut Government in respect of the proposed Major Development at the earliest reasonable opportunity and, in any event, start the negotiation of an Inuit Impacts and Benefits Agreement with the Nunatsiavut Government in respect of the proposed Major Development upon receipt of written notice to do so from the Nunatsiavut Government; and
  3. make efforts to conclude an Inuit Impacts and Benefits Agreement with the Nunatsiavut Government at the earliest reasonable opportunity.

6.7.6 An Inuit Impacts and Benefits Agreement shall be a contract.

6.7.7 If a Developer has not concluded an Inuit Impacts and Benefits Agreement with the Nunatsiavut Government with respect to a Major Development in the Zone at the time when a permit or authorization is issued with respect to the Major Development, the permit or authorization may be issued subject to the condition that it is of no force or effect, and that no Construction of the Major Development may commence, until the conclusion of an Inuit Impacts and Benefits Agreement or, subject to section 6.7.11, the expiry of the arbitration period referred to in section 6.7.8.

6.7.8 If an Inuit Impacts and Benefits Agreement has not been concluded by the Nunatsiavut Government and a Developer within 90 clear days from the date of the last permit or authorization required for the Major Development in the Zone to commence, the Nunatsiavut Government, the Developer or the Minister may refer any unresolved issue relating to the content, terms or conditions of the Inuit Impacts and Benefits Agreement to arbitration under chapter 21 and the Arbitration Decision shall be made within 90 clear days from the date of referral.

6.7.9 Nothing in this part prevents or is to be construed as preventing the Nunatsiavut Government and a Developer of a Major Development in the Zone from referring any or all questions relating to the content, terms or conditions of an Inuit Impacts and Benefits Agreement to arbitration under chapter 21 and, in that event and if section 6.7.7 applies, the Arbitration Decision shall be made within the arbitration period referred to in section 6.7.8.

6.7.10 Notwithstanding section 6.7.8, in the circumstances referred to in section 6.7.7, if a Developer of a Major Development in the Zone or the Nunatsiavut Government considers that the other party is not negotiating in good faith within the first 90 clear days from the date of the last permit or authorization required for the Major Development to commence, that party may immediately refer any unresolved issue relating to the content, terms or conditions of the Inuit Impacts and Benefits Agreement to arbitration under chapter 21 and the Arbitration Decision shall be made within the arbitration period referred to in section 6.7.8.

6.7.11 If an Inuit Impacts and Benefits Agreement has not been concluded by the Nunatsiavut Government and a Developer within 90 clear days from the date of the last permit or authorization required for the Major Development in the Zone to commence and a reference to arbitration has been made under section 6.7.8 but the Minister reasonably believes that the arbitration period referred to in section 6.7.8 would jeopardize the Major Development, the Minister may, subject to section 6.7.14, authorize Construction to commence if the Developer has obtained all necessary approvals. The Minister shall give written notice to the Arbitration Panel and the Nunatsiavut Government of an authorization under this section.

6.7.12 The Developer and the Nunatsiavut Government may agree that an Inuit Impacts and Benefits Agreement is not required for a Major Development in the Zone.

6.7.13 If the Governor in Council declares a military or national emergency, a Major Development in the Zone that, in the sole discretion of the Minister, is declared to be connected to the military or national emergency may commence prior to the conclusion of an Inuit Impacts and Benefits Agreement, but an Inuit Impacts and Benefits Agreement shall be negotiated between the Developer and the Nunatsiavut Government and, if an Inuit Impacts and Benefits Agreement has no t been concluded within 90 clear days from the start of Construction of the Major Development, either the Developer or the Nunatsiavut Government may refer any unresolved issue relating to the content, terms or conditions of the Inuit Impacts and Benefits Agreement to arbitration under chapter 21.

6.7.14 If, under section 6.7.11 or 6.7.13, a Major Development in the Zone commences prior to the conclusion of an Inuit Impacts and Benefits Agreement, an Arbitration Panel shall ensure that benefits received by Inuit under the Arbitration Decision include compensation, which may be in the form of replacement benefits, for the benefits lost through commencement of the Major Development prior to the conclusion of the Inuit Impacts and Benefits Agreement.

6.7.15 A Developer may not split a Major Development in the Zone into parts, phases or stages for purposes of avoiding the application of section 6.7.1.

6.7.16 If a court of competent jurisdiction is satisfied on the balance of probabilities that a Developer has split a Major Development in the Zone into parts, phases or stages for purposes of avoiding the application of section 6.7.1, the court may, upon application of the Nunatsiavut Government, enjoin the Developer from commencing or from continuing to operate. Nothing in this section prevents a court from making any other order or award in respect of an application by the Nunatsiavut Government.




Part 6.8 Ports and Harbours in the Labrador Inuit Settlement Area

6.8.1 Canada shall Consult the Nunatsiavut Government:

  1. prior to establishing a port authority or harbour commission in the Labrador Inuit Settlement Area;
  2. prior to designating or repealing a designation of a public harbour, public port or public port facility in the Labrador Inuit Settlement Area; and
  3. prior to entering an agreement with any Person other than a division of the Government of Canada in respect of the management of a public harbour, public port or public port facility in the Labrador Inuit Settlement Area.

6.8.2 If a port authority or harbour commission is established in respect of a port or harbour in the Labrador Inuit Settlement Area, the Nunatsiavut Government may nominate one individual for appointment to the authority or commission, as the case may be, and Inuit Community Governments shall have the same powers and functions as other municipal governments in Canada pertaining to the establishment of port authorities and harbour commissions.

6.8.3 The Nunatsiavut Government may nominate one individual for appointment to any body, other than a division of the Government of Canada, charged with responsibility for the management of a public harbour, public port or public port facility in Labrador Inuit Lands or an Inuit Community.




Schedule 6-A: Matters Appropriate for Negotiation and Inclusion in a Marine Protected Area Agreement (section 6.4.7)

  1. Establishment of conservation objectives for the Marine Protected Areas.
  2. Management and regulatory measures required to meet the conservation objectives.
  3. Monitoring to determine if the conservation objectives are being met.
  4. Any effects of the Marine Protected Area on Inuit uses of that area.
  5. Contracting or employment opportunities, such as enforcement, research and monitoring, that may be the result of the establishment of the Marine Protected Area.



Schedule 6-B: Matters Appropriate for Negotiation and Inclusion in an Inuit Impacts and Benefits Agreement (section 6.7.3)

  1. Preferential employment and training of Inuit.
  2. Inuit involvement in management and operation of the Major Development.
  3. Joint venture arrangements or other business arrangements between Inuit Businesses and the Developer.
  4. Inuit participation in the corporation carrying out the Major Development.
  5. Income sharing arrangements between the Developer and Inuit.
  6. Employment conditions that are consistent with Inuit values and culture.
  7. Language in the work place.
  8. Research.
  9. Scholarships.
  10. Relationships with unions.
  11. Compensation.
  12. Performance bonds.
  13. Special concerns relating to Environmental protection, Harvesting by Inuit, Fish, Fish Habitat, Aquatic Plants, Wildlife and Habitat and any disruption to the Environment, Harvesting by Inuit, Fish, Fish Habitat, Aquatic Plants, Wildlife and Habitat.
  14. Inuit social and cultural protection, including protection of Archaeological Material and Archaeological Sites.
  15. Environmental rehabilitation.
  16. Monitoring, including short term and long term monitoring, of the Major Development.
  17. Special arrangements for Inuit participation in contracting.
  18. Implementing and enforcing the Inuit Impacts and Benefits Agreement.
  19. Resolution of disputes.
  20. Use by Inuit of infrastructures and facilities related to the Major Development.
  21. Marine transportation in the Zone directly associated with the Major Development.
  22. Any other matters that the Nunatsiavut Government and the Developer consider to be relevant to the needs of the Major Development and those of Inuit.




Chapter 7: Economic Development

Part 7.1 Definitions

7.1.1 In this chapter:

"Committee" means the Subsurface Resource Revenue sharing committee established under section 7.6.8;

"Donner Project Area" means the area located outside the Labrador Inuit Settlement Area within the boundaries set out in the Map Atlas (shown for illustrative purposes only in schedule 7-B);

"Federal Public Service" means those portions of the public service of Canada set out in Part I of Schedule I to the Public Service Staff Relations Act; and

"Provincial Public Service" means those portions of the public service of the Province specified in Schedule A to the Public Service Commission Act and includes a body or an agency considered to be a portion of the public service and added to that Schedule under section 3 of that act.




Part 7.2 General

7.2.1 Except as provided in this chapter, nothing in this chapter:

  1. affects the eligibility of Inuit, Inuit Businesses or Inuit Government to benefit from those economic policies, plans, programs and services that are generally available to Non-Beneficiary residents of Labrador or to other aboriginal people of Canada;
  2. affects the economic opportunities available to Inuit, Inuit Businesses or Inuit Government under other chapters of the Agreement; or
  3. imposes financial obligations on Canada, the Province or Inuit Government.



Part 7.3 Revenue Sharing in Labrador Inuit Lands

7.3.1 The Nunatsiavut Government is entitled to receive, and the Province shall pay to theNunatsiavut Government, an amount equal to 25 percent of the Revenue from Subsurface Resources in Labrador Inuit Lands.

7.3.2 Payments by the Province to the Nunatsiavut Government in respect of the amounts to be paid under section 7.3.1 shall be calculated on the basis of the amount of the Revenue received by the Province in each month and shall be paid by the Province to the Nunatsiavut Government on the first business day following the twentieth day of the month after the month in which the Revenue is received by the Province.

7.3.3 For purposes of determining the amounts to be paid under section 7.3.2:

  1. an instalment paid on account of the Revenue receivable by the Province is deemed to be Revenue received by the Province at the time it is paid; and
  2. any Revenue receivable by the Province from an agent of or corporation controlled by the Province is deemed to be Revenue received by the Province at the time the Revenue becomes receivable.

7.3.4 If the Province amends, repeals, replaces or suspends any Legislation establishing the Revenue shared with the Nunatsiavut Government under section 7.3.1, and if the Revenue received by the Nunatsiavut Government under section 7.3.1 is reduced as a result of the amendment, repeal , replacement or suspension, the Nunatsiavut Government shall remain entitled to, and shall be paid, the same level of Revenue it would have received if the Legislation establishing the Revenue shared with the Nunatsiavut Government under section 7.3.1 had not been amended, repealed, replaced or suspended.




Part 7.4 Revenue Sharing in the Labrador Inuit Settlement Area Outside Labrador Inuit Lands

7.4.1 The Nunatsiavut Government is entitled to receive, and the Province shall pay to the Nunatsiavut Government, an amount equal to:

  1. 50 percent of the first $2.0 million of Revenue in a fiscal year; and
  2. five percent of any Revenue in a fiscal year that is in excess of the $2.0 million of Revenue referred to in subsection (a),

from Subsurface Resources in the Labrador Inuit Settlement Area outside Labrador Inuit Lands. For purposes of this section, "Revenue" excludes the Revenue from the Voisey's Bay Project.

7.4.2 Payments by the Province to the Nunatsiavut Government in respect of amounts to be paid under section 7.4.1 shall be calculated on the basis of the amount of the Revenue received by the Province in each month and shall be paid by the Province to the Nunatsiavut Government on the first business day following the twentieth day of the month after the month in which the Revenue is received by the Province.

7.4.3 For purposes of determining the amounts to be paid under section 7.4.2:

  1. an instalment paid on account of the Revenue receivable by the Province is deemed to be Revenue received by the Province at the time it is paid; and
  2. any Revenue receivable by the Province from an agent of or corporation controlled by the Province is deemed to be Revenue received by the Province at the time the Revenue becomes receivable.

7.4.4 The amount due to the Nunatsiavut Government from the Province under section 7.4.1 shall not exceed the amount that, if distributed equally among Inuit, would result in an annual average per capita income for Inuit equal to or greater than the Canadian average per capita income.




Part 7.5 Revenue Sharing in Relation to the Voisey's Bay Project

7.5.1 The Nunatsiavut Government is entitled to receive, and the Province shall pay to the Nunatsiavut Government, an amount equal to five percent of the Revenue from the Voisey's Bay Project.

7.5.2 Payments by the Province to the Nunatsiavut Government in respect of the amounts to be paid under section 7.5.1 shall be calculated on the basis of the amount of Revenue received by the Province in each month and shall be paid by the Province to the Nunatsiavut Government on the first business day following the twentieth day of the month after the month in which the Revenue is received by the Province.

7.5.3 For purposes of determining the amounts to be paid under section 7.5.2:

  1. an instalment paid on account of the Revenue receivable by the Province is deemed to be Revenue received by the Province at the time it is paid; and
  2. any Revenue receivable by the Province from an agent of or corporation controlled by the Province is deemed to be Revenue received by the Province at the time the Revenue becomes receivable.

7.5.4 The payments under section 7.5.1 are in addition to any payments under sections 7.3.1 and 7.4.1.




Part 7.6 Arrangements Respecting Subsurface Resource Revenue Sharing

7.6.1 Payments due to the Nunatsiavut Government under parts 7.3, 7.4, and 7.5 shall be determined in respect of the Revenue attributable to periods after the Effective Date. Where the Revenue is determined for a period commencing before the Effective Date and ending after the Effective Date, the Revenue shared under parts 7.3, 7.4 and 7.5 shall be calculated by the ratio of the number of days af ter the Effective Date to the total number of days in the period.

7.6.2 The amount of the Revenue to be shared under each of parts 7.3, 7.4 and 7.5 shall be determined without reference to any credit or any other adjustment in computing the Revenue that is:

  1. determined with reference to other taxes or amounts that are not Revenue eligible for sharing under that part; or
  2. in respect of exploration activity that does not relate to Subsurface Resources that give rise to the Revenue to be shared.

7.6.3 If, as a result of the application of subsection 7.6.2(b), the Revenue entitlement of the Nunatsiavut Government under parts 7.3, 7.4 and 7.5 exceeds the actual Revenue received by the Province from Subsurface Resources in the Labrador Inuit Settlement Area, Labrador Inuit Lands and from the Voisey's Bay Project, payment of the excess amount may be deferred for up to five years, with interest payable at the prime rate that may from time to time prevail plus two percent.

7.6.4 For purposes of determining the Revenue entitlement of the Nunatsiavut Government under parts 7.3, 7.4 and 7.5, should any Person make a payment to the Province on account of Revenue subject to sharing under part 7.3, 7.4 or 7.5 and amounts payable under other Provincial tax Legislation and the amount cannot reasonably be attributed to a particular statute, the payment shall be prorated on the basis of the amount owed on all outstanding tax accounts at that time.

7.6.5 The Province shall provide to the Nunatsiavut Government, within six months from the end of the Province's fiscal year, a detailed statement, verified by the auditor general for the Province in accordance with the Auditor General Act, disclosing the basis upon which payments to the Nunatsiavut Government under parts 7.3, 7.4 and 7.5 were calculated.

7.6.6 Any amount due under parts 7.3, 7.4 or 7.5 shall be a debt due by the Province to the Nunatsiavut Government and shall bear interest from the due date at the prime rate that may from time to time prevail plus two percent.

7.6.7 Any over payment by the Province under part 7.3, 7.4 or 7.5 shall be a debt due to the Province by the Nunatsiavut Government and shall bear interest from the twentieth day after the date of notice of the over payment to the Nunatsiavut Government at the prime rate that may from time to time prevail plus two percent.

7.6.8 The Province and the Nunatsiavut Government shall establish a Subsurface Resource Revenue sharing committee to:

  1. review issues related to Provincial Laws respecting Royalty Tax when and to the extent that they affect Subsurface Resource Revenue sharing arrangements under parts 7.3, 7.4 and 7.5; and
  2. be the initial forum for the Province and the Nunatsiavut Government to resolve disagreements respecting payments made to the Nunatsiavut Government under parts 7.3, 7.4 and 7.5 and for sharing information for that purpose.

7.6.9 If the Nunatsiavut Government disagrees with a calculation or a payment made to it under part 7.3, 7.4 or 7.5 and the disagreement cannot be resolved after referral to the Committee, the disagreement shall be referred to arbitration under chapter 21.

7.6.10 Except where the Province and the Nunatsiavut Government and, where appropriate, Canada, have otherwise agreed, the Province, the Nunatsiavut Government and members of the Committee shall keep confidential:

  1. any information obtained by the Committee in confidence, unless the Person from whom the information was obtained has made the information public; and
  2. any consultations or deliberations by the Committee and any advice, recommendations or reports developed by the Committee.

7.6.11 For greater certainty, Canada incurs no obligations, including financial obligations, under section 7.6.10.




Part 7.7 Inuit Impacts and Benefits Agreements

7.7.1 This part applies to a Development in a Water Lot but does not otherwise apply to a Development in the Zone.

7.7.2 Subject to sections 7.7.14 and 7.7.15, no Development, or any part, phase or stage of a Development, including any marine transportation in the Zone directly associated with the Development, may commence in Labrador Inuit Lands until an agreement has been concluded between the Developer and the Nunatsiavut Government in accordance with this part or, in circumstances referred to in section 7.7.15, has been established for them by an Arbitration Panel in accordance with this part.

7.7.3 Subject to sections 7.7.13, 7.7.14, and 7.7.15, no Major Development, or any part, phase or stage of a Major Development, including any marine transportation in the Zone directly associated with the Major Development, may commence in the Labrador Inuit Settlement Area outside Labrador Inuit Lands until an agreement has been concluded between the Developer and the Nunatsiavut Government in accordance with this part or, in circumstances referred to in section 7.7.10, 7.7.11, 7.7.12 or 7.7.15 , has been established for them by an Arbitration Panel in accordance with this part.

7.7.4 A Developer of a Major Development in the Labrador Inuit Settlement Area outside Labrador Inuit Lands is subject to chapter 14 unless the Nunatsiavut Government agrees otherwise in an Inuit Impacts and Benefits Agreement.

7.7.5 An Inuit Impacts and Benefits Agreement may provide for any matter connected with a Development or Major Development, including any marine transportation in the Zone directly associated with the Development or Major Development, that could have a detrimental impact on Inuit or that could reasonably confer a benefit on Inuit, including any matter identified in schedule 7-A.

7.7.6 The negotiation of an Inuit Impacts and Benefits Agreement shall be guided by the following principles:

  1. the benefits shall be consistent with and promote Inuit cultural goals;
  2. the nature and extent of the benefits shall be related to the nature, scale and cost of the Development or Major Development;
  3. the benefits shall not place an excessive burden on the Developer or undermine the viability of the Development or Major Development;
  4. any negative impacts on the Environment, Inuit and Inuit rights under the Agreement shall be avoided, mitigated or compensated in a manner consistent with the nature, scale and cost of the Development or Major Development; and
  5. the Inuit Impacts and Benefits Agreement shall give priorities to Inuit but shall not preclude other residents of the Labrador Inuit Settlement Area from obtaining benefits from the Development or Major Development.

7.7.7 A Developer who proposes a Development in Labrador Inuit Lands or a Major Development in the Labrador Inuit Settlement Area outside Labrador Inuit Lands shall:

  1. give written notice of the proposed Development or Major Development to the Nunatsiavut Government at the earliest reasonable opportunity;
  2. start the negotiation of an Inuit Impacts and Benefits Agreement with the Nunatsiavut Government in respect of the proposed Development or Major Development at the earliest reasonable opportunity and, in any event, start the negotiation of an Inuit Impacts and Benefits Agreement with the Nunatsiavut Government in respect of the proposed Development or Major Development upon receipt of written notice to do so from the Nunatsiavut Government; and
  3. make efforts to conclude an Inuit Impacts and Benefits Agreement with the Nunatsiavut Government at the earliest reasonable opportunity.

7.7.8 An Inuit Impacts and Benefits Agreement shall be a contract.

7.7.9 If a Developer has not concluded an Inuit Impacts and Benefits Agreement with the Nunatsiavut Government with respect to a Major Development in the Labrador Inuit Settlement Area outside Labrador Inuit Lands at the time when a permit or authorization is issued with respect to the Major Development, the permit or authorization may be issued subject to the condition that it is of no force or effect, and that no Construction of the Major Development may commence, until the conclusion of an Inuit Impacts and Benefits Agreement or, subject to section 7.7.13, the expiry of the arbitration period referred to in section 7.7.10.

7.7.10 If an Inuit Impacts and Benefits Agreement has not been concluded by the Nunatsiavut Government and a Developer within 90 clear days from the date of the last permit or authorization required for the Major Development in the Labrador Inuit Settlement Area outside Labrador Inuit Lands to commence, the Nunatsiavut Government, the Developer or the Minister may refer any unresolved issue relating to the content, terms or conditions of the Inuit Impacts and Benefits Agreement to arbitration under chapter 21 and the Arbitration Decision shall be made within 90 clear days from the date of referral.

7.7.11 Nothing in this part prevents or is to be construed as preventing the Nunatsiavut Government and a Developer of a Major Development in the Labrador Inuit Settlement Area outside Labrador Inuit Lands from referring any or all questions relating to the content, terms or conditions of an Inuit Impacts and Benefits Agreement to arbitration under chapter 21 and, in that event and if section 7.7.9 applies, the Arbitration Decision shall be made within the arbitration period referred to in section 7.7.10.

7.7.12 Notwithstanding section 7.7.10, in the circumstances referred to in section 7.7.9, if a Developer of a Major Development in the Labrador Inuit Settlement Area outside Labrador Inuit Lands or the Nunatsiavut Government considers that the other party is not negotiating in good faith within the first 90 clear days from the date of the last permit or authorization required for the Major Development to commence, that party may immediately refer any unresolved issue relating to the content, terms or conditions of the Inuit Impacts and Benefits Agreement to arbitration under chapter 21 and the Arbitration Decision shall be made within the arbitration period referred to in section 7.7.10.

7.7.13 If an Arbitration Decision under section 7.7.10, 7.7.11 or 7.7.12 is not made within the arbitration period referred to in section 7.7.10, the Minister may, after Consulting the Nunatsiavut Government but subject to section 7.7.16, authorize Construction of the Major Development to commence if the Developer has obtained all necessary approvals and if:

  1. the Developer and the Nunatsiavut Government agree; or
  2. the delay in completing the arbitration would, in the opinion of the Minister, jeopardize the Major Development.

The Minister shall give written notice to the Arbitration Panel and the Nunatsiavut Government of an authorization under this section.

7.7.14 The Developer and the Nunatsiavut Government may agree that an Inuit Impacts and Benefits Agreement is not required for a Development in Labrador Inuit Lands or a Major Development in the Labrador Inuit Settlement Area outside Labrador Inuit Lands.

7.7.15 If the Governor in Council declares a military or national emergency, a Development in Labrador Inuit Lands or a Major Development in the Labrador Inuit Settlement Area outside Labrador Inuit Lands that, in the sole discretion of the Minister, is declared to be connected to the military or national emergency may commence prior to the conclusion of an Inuit Impacts and Benefits Agreement, but an Inuit Impacts and Benefits Agreement shall be negotiated between the Developer and the Nunatsiavut Government and, if an Inuit Impacts and Benefits Agreement has not been concluded within 90 clear days from the start of Construction of the Development or Major Development, either the Developer or the Nunatsiavut Government may refer any unresolved issue relating to the content, terms or conditions of the Inuit Impacts and Benefits Agreement to arbitration under chapter 21.

7.7.16 If, under section 7.7.13 or 7.7.15, a Development or Major Development commences prior to the conclusion of an Inuit Impacts and Benefits Agreement an Arbitration Panel shall ensure that benefits received by Inuit under the Arbitration Decision include compensation, which may be in the form of replacement benefits, for the benefits lost through commencement of the Development or Major Development prior to the conclusion of the Inuit Impacts and Benefits Agreement.

7.7.17 A Developer may not split a Major Development into parts, phases or stages for purposes of avoiding the application of section 7.7.3.

7.7.18 If a court of competent jurisdiction is satisfied on the balance of probabilities that a Developer has split a Major Development into parts, phases or stages for purposes of avoiding the application of section 7.7.3, the court may, upon application of the Nunatsiavut Government, enjoin the Developer from commencing or from continuing to operate. Nothing in this section prevents a court from making any other order or award in respect of an application by the Nunatsiavut Government.

7.7.19 A Developer who proposes a Development, other than a Major Development, in the Labrador Inuit Settlement Area outside Labrador Inuit Lands shall, at the earliest opportunity, Consult the Nunatsiavut Government about the proposed Development and about matters in relation to the proposed Development that are set out in schedule 7-A.




Part 7.8 Coordination of Economic Development Policies

7.8.1 The Nunatsiavut Government may make laws in Labrador Inuit Lands outside the Inuit Communities in relation to:

  1. local economic development activities, including tourism;
  2. programs and services for purposes of promoting economic development; and
  3. Nunatsiavut Government enterprises and public works.

7.8.2 An Inuit Law under section 7.8.1 shall not affect the eligibility of any Person to avail of federal or Provincial economic development policies, plans, programs and services available to the residents of Labrador.

7.8.3 If there is a Conflict between an Inuit Law under section 7.8.1 and a Law of General Application, the Law of General Application prevails to the extent of the Conflict.

7.8.4 In developing economic development policies, plans, programs and services that apply to the Labrador Inuit Settlement Area, the Province shall:

  1. consult the Nunatsiavut Government; and
  2. take into account, as it considers reasonable, the objectives of:
    1. promoting the marketing of renewable resource products Harvested by Inuit and Inuit Businesses and goods manufactured from those products;
    2. providing business and economic training and education assistance to Inuit so as to enable them to participate more effectively in the economy of Newfoundland and Labrador;
    3. encouraging the employment of Inuit in the Labrador Inuit Settlement Area;
    4. assisting Inuit to develop skills, expertise and commercially viable businesses and enterprises in relation to exploration for and the production and exploitation of resources in the Labrador Inuit Settlement Area;
    5. promoting the growth and commercial viability of Inuit Businesses and identifying possible sources of financial, technical and other business assistance or advice for Inuit Businesses;
    6. encouraging research and the creation and maintenance of a comprehensive database with respect to resources capable of production or exploitation in the Labrador Inuit Settlement Area and making that information, data and research available to Inuit and Inuit Businesses; and
    7. supporting the traditional Inuit economy.

7.8.5 If, in the opinion of the Minister, it is reasonable to do so, the Province shall use or amend economic development policies, plans, programs and services that apply to the Labrador Inuit Settlement Area to:

  1. increase access by Inuit to on-the-job training, apprenticeship, upgrading and other job related programs;
  2. increase opportunities for Inuit to acquire and improve their skills and to receive training and experience for purposes of successfully establishing, operating and managing businesses; and
  3. implement the other provisions of this part.

7.8.6 The Province shall, upon the request of the Nunatsiavut Government, promote business opportunities for and projects undertaken by Inuit and Inuit Businesses in the Labrador Inuit Settlement Area by:

  1. providing access to all information available in relation to specific projects or ventures;
  2. making available appropriate contacts and sources of information; and
  3. ensuring expeditious consideration or approval of applications by Inuit and Inuit Businesses for project financing or venture capital.

7.8.7 The Nunatsiavut Government shall Consult the Province with respect to proposed economic development policies, plans, programs and services of the Nunatsiavut Government in Labrador Inuit Lands.

7.8.8 The Nunatsiavut Government and the Province shall meet once every three years, or more frequently if they agree, to review the effectiveness of any economic development policies, plans, programs and services that apply to the Labrador Inuit Settlement Area.




Part 7.9 Contracting and Employment of Inuit by the Province

7.9.1 If the Province contracts for work or the supply of goods or services in Labrador Inuit Lands or an Inuit Community without calling for tenders, qualified Inuit Businesses shall be considered and if an Inuit Business submits a competitive proposal that meets the required terms and conditions, it shall be awarded the contract by the Province.

7.9.2 If the Province calls for tenders for a contract for work or the supply of goods or services in Labrador Inuit Lands or an Inuit Community, proposals by qualified Inuit Businesses shall be considered and, if an Inuit Business submits a competitive bid and meets required terms and conditions, it shall be awarded the contract by the Province.

7.9.3 If the Province contracts for work or the supply of goods or services in the Labrador Inuit Settlement Area outside Labrador Inuit Lands and the Inuit Communities without calling for tenders, qualified Inuit Businesses shall, subject to meeting required terms and conditions, be given fair consideration.

7.9.4 If the Province calls for tenders for contracts for work or the supply of goods or services in the Labrador Inuit Settlement Area outside Labrador Inuit Lands and the Inuit Communities, proposals b y qualified Inuit Businesses shall, subject to submitting competitive bids and meeting required terms and conditions, be given fair consideration.

7.9.5 If an employment opportunity exists in Labrador Inuit Lands or an Inuit Community with respect to a position in the Provincial Public Service, other than a position set out in subsections 4(a) through (k) of the Public Service Commission Act, RSNL 1990 c. P-43, whether or not that employment opportunity is subject to an internal or public competition, qualified Inuit who apply shall be awarded the position on a representative basis that reflects the ratio of Inuit ordinarily resident in Labrador Inuit Lands and the Inuit Communities to the total number of individuals ordinarily resident in Labrador Inuit Lands and the Inuit Communities. In the event th at no qualified Inuk applies, the position may be awarded to a qualified Non-Beneficiary.

7.9.6 Where Provincial Public Service employment is available in the Labrador Inuit Settlement Area outside Labrador Inuit Lands and the Inuit Communities, qualified Inuit shall be given fair consideration for those employment opportunities.

7.9.7 Once every three years, or at other intervals agreed to by the Nunatsiavut Government and the Province, the Nunatsiavut Government may make formal recommendations to the Province with respect to:

  1. strategies to qualify Inuit and Inuit Businesses to take advantage of business opportunities in both the public and private sectors in the Labrador Inuit Settlement Area;
  2. developing or implementing strategies to increase Inuit employability and employment in the private sector in the Labrador Inuit Settlement Area and, in accordance with sections 7.9.5 and 7.9.6, in the Provincial Public Service;
  3. strategies to increase the promotion and retention of Inuit within the Provincial Public Service in the Labrador Inuit Settlement Area; and
  4. other initiatives for purposes of implementing sections 7.9.1 through 7.9.6.

7.9.8 A Minister who receives a recommendation under section 7.9.7 shall make a decision to accept, vary or reject the recommendation and shall notify the Nunatsiavut Government of the decision within 14 clear days from the date of the decision.

7.9.9 For greater certainty, nothing in section 7.9.7 prevents the Nunatsiavut Government from making, at any time, informal recommendations to the Minister with respect to any matter referred to in section 7.9.7.

7.9.10 The Nunatsiavut Government shall prepare and maintain a comprehensive list of Inuit Businesses, together with information on goods and services that they would be in a position to supply in relation to contracts offered by the Province. This list shall be considered by the Province, where practicable and consistent with sound procurement practices, in meeting its obligations under this part.




Part 7.10 Contracting and Employment of Inuit by the Government of Canada

7.10.1 The Nunatsiavut Government shall prepare and maintain a comprehensive list of Inuit Businesses, together with information on goods and services that they would be in a position to supply in relation to contracts offered by the Government of Canada. This list shall be considered by the Government of Canada, where practicable and consistent with sound procurement practices, in meeting its obligations under this chapter.

7.10.2 In inviting bids on Government of Canada contracts for the procurement of goods or services in the Labrador Inuit Settlement Area, the Government of Canada shall provide notice to the Nunatsiavut Government and shall provide all reasonable opportunities to the Inuit Businesses enumerated on the list referred to in section 7.10.1 to submit competitive bids and in doing so shall take, where practicable and consistent with sound procurement practices, the following measures:

  1. set the date, location, and terms and conditions for bidding so that Inuit Businesses may readily bid;
  2. invite bids by commodity groupings to permit smaller and more specialized firms to bid;
  3. permit bids for goods and services for a specified portion of a larger contract package to permit smaller and more specialized firms to bid;
  4. design construction contracts so as to increase the opportunity for smaller and more specialized firms to bid; and
  5. avoid artificially inflated employment skills requirements not essential to the fulfilment of the contract.

7.10.3 If the Government of Canada contracts for the procurement of goods or services in the Labrador Inuit Settlement Area, qualified Inuit Businesses shall, subject to meeting the technical and administrative conditions of the request for goods or services, be given fair consideration.

7.10.4 Whenever practicable and consistent with sound procurement practices, and subject to Canada's international obligations, the following criteria, or as many as may be appropriate with respect to any particular contract, shall be included in the bid criteria established by the Government of Canada for the awarding of Government of Canada contracts for the procurement of goods and services in the Labrador Inuit Settlement Area:

  1. the existence of the head office, administrative offices or other facilities in the Labrador Inuit Settlement Area;
  2. the employment of Inuit labour, engagement of Inuit professional services or use of suppliers that are Inuit Businesses in carrying out the contracts; and
  3. the undertaking of commitments, under the contract, with respect to on-the- job training or skills development for Inuit.

7.10.5 If Federal Public Service employment opportunities exist in the Labrador Inuit Settlement Area, the Government of Canada is committed to awarding those opportunities so as to achieve a representative Federal Public Service in the Labrador Inuit Settlement Area that reflects the ratio of Inuit ordinarily resident in the Labrador Inuit Settlement Area to the total number of individuals ordinarily resident in the Labrador Inuit Settlement Area.

7.10.6 The Government of Canada shall remove employment barriers for Inuit in relation to Federal Public Service positions in the Labrador Inuit Settlement Area by reviewing job qualifications and recruitment procedures and removing inappropriate requirements in respect of cultural factors, experience or education.

7.10.7 Once every three years, or at other intervals agreed to by the Nunatsiavut Government and Canada, the Nunatsiavut Government may make formal recommendations to the Minister with respect to the following as they apply to the Labrador Inuit Settlement Area:

  1. developing and implementing programs and strategies related to:
    1. human resource development, including training;
    2. business, commercial and industrial activities; and
    3. strengthening and maintaining the traditional economy of Inuit;
  2. identifying or implementing strategies to increase the employability and employment of Inuit in the private sector and in the Federal Public Service under sections 7.10.5 and 7.10.6;
  3. developing strategies to increase the promotion and retention of Inuit within the Federal Public Service; and
  4. participation by the Nunatsiavut Government in mechanisms established by the Government of Canada to promote or support economic growth and improvement, including:
    1. identifying or implementing strategies to qualify Inuit Businesses to take advantage of business opportunities in both the public and private sectors in the Labrador Inuit Settlement Area; and
    2. determining other initiatives for purposes of implementing this part.

7.10.8 A Minister who receives a recommendation under section 7.10.7 shall make a decision to accept, vary, or reject the recommendation and shall notify the Nunatsiavut Government of the decision within 14 clear days from the date of the decision.

7.10.9 For greater certainty, nothing in section 7.10. 7 prevents the Nunatsiavut Government from making, at any time, informal recommendations to the Minister with respect to any matter referred to in section 7.10.7.




Part 7.11 Donner Project Area

7.11.1 The Donner Project Area is absolutely deemed to be part of the Labrador Inuit Settlement Area for purposes of section 7.4.1 and part 7.7.

7.11.2 The Nunatsiavut Government shall share any amount that it may receive under section 7.4.1 in respect of the Donner Project Area in accordance with any applicable overlap agreement.




Schedule 7-A: Matters Appropriate for Negotiation and Inclusion in an Inuit Impacts and Benefits Agreement or for Consultation by Developers (sections 7.7.5 and 7.7.19)

  1. Preferential employment and training of Inuit.
  2. Inuit involvement in management and operation of the Development or Major Development.
  3. Joint venture arrangements or other business arrangements between Inuit Businesses and the Developer.
  4. Inuit participation in the ownership of the corporation carrying out the Development or Major Development and participation in the ownership of a Development on Labrador Inuit Lands.
  5. Income sharing arrangements between the Developer and Inuit.
  6. Employment conditions that are consistent with Inuit values and culture.
  7. Language in the work place.
  8. Research.
  9. Scholarships.
  10. Relationships with unions.
  11. Compensation.
  12. Performance bonds.
  13. Special concerns relating to Environmental protection, Harvesting by Inuit, Fish, Fish Habitat, Aquatic Plants, Wildlife, Plants and Habitat and any disruption to the Environment, Harvesting by Inuit, Fish, Fish Habitat, Aquatic Plants, Wildlife, Plants and Habitat.
  14. Inuit social and cultural protection, including protection of Archaeological Material and Archaeological Sites.
  15. Environmental rehabilitation.
  16. Monitoring, including short term and long term monitoring, of the Development or Major Development.
  17. Special arrangements for Inuit participation in contracting.
  18. Implementing and enforcing the Inuit Impacts and Benefits Agreement.
  19. Resolution of disputes.
  20. Use by Inuit of infrastructures and facilities related to the Development or Major Development
  21. Marine transportation in the Zone directly associated with the Development or Major Development.
  22. Any other matters that the Nunatsiavut Government and the Developer consider to be relevant to the needs of the Development or Major Development and those of Inuit.




Chapter 8: Voisey's Bay Area

Part 8.1 Definitions

8.1.1 In this chapter:

"Closure" means:

  1. Termination of the Voisey's Bay Project; and
  2. Rehabilitation of the Voisey's Bay Area;

"Developer" means Inco Limited and Voisey's Bay Nickel Company Limited and their respective successors, assigns, nominees, agents and contractors and their subcontractors and, for greater certainty, includes a Person other than Inco Limited and Voisey's Bay Nickel Company Limited who builds, owns and operates a facility in the Voisey's Bay Area under a long term contract with Inco Limited or Voisey's Bay Nickel Company Limited for purposes of the Voisey's Bay Project;

"Inco Limited" means the body corporate of that name organized and existing under theCanada Business Corporations Act, the parent company of Voisey's Bay Nickel Company Limited;

"Innu Nation" means the body corporate of that name organized and existing under the Canada Corporations Act, and includes its successors and assigns;

"Inuit Knowledge" means the knowledge, understanding and values held by Inuit based on personal observation, collective experience and oral transmission over generations, that bear on the Environmental Effects of the Voisey's Bay Project and their Mitigation;

"Overlap Agreement" means an agreement between Labrador Inuit Association and the Innu Nation in respect of any overlapping interest s between Inuit and members of the Innu Nation that is applicable to the Voisey's Bay Area;

"Permit" means a lease, license, permit, approval, plan, or other authorization required by Law and includes an amendment to a lease, license, permit, approval, plan, or other authorization required by Law;

"Post-Closure Procedures" means ongoing long term monitoring and maintenance measures in relation to the Voisey's Bay Area that are required to be carried out by any Person after completion of all rehabilitation and closure plans that are required by Law in relation to the Voisey's Bay Project;

"Rehabilitation" means:

  1. compliance with all rehabilitation and closure plans in relation to the Voisey's Bay Project that are required by Provincial Legislation, such plans
  2. being equivalent to or better than those required by the Mining Act, SNL 1999, c. M-15.1;
  3. completion of all rehabilitation and closure plans in relation to the Voisey's Bay Project that are required by Provincial Legislation, such plans being equivalent to or better than those required by the Mining Act, SNL 1999, c. M-15.1; and
  4. the commencement of all Post-Closure Procedures;

"Subsequent Developer" means any Person other than the Developer who undertakes all or any part of the Voisey's Bay Project following a reversion of Subsurface Resource rights from the Developer to the Province and such Person's successors, assigns, nominees, agents and contractors and their subcontractors;

"Termination" means the later of:

  1. the thirtieth anniversary of the commencement of Mineral production in the Voisey's Bay Area; or
  2. five years following permanent cessation of all Mineral production by any Person in the Voisey's Bay Area;

"Townsite" means a settled or inhabited area and includes any accommodations or facilities other than those necessary for the temporary accommodation of Persons engaged in the construction, operation, management and servicing of the Voisey's Bay Project;

"Undertaking" means, notwithstanding any other provision of the Agreement, the project generally described in section 1.5 of the Report on the Proposed Voisey's Bay Mine and Mill Project prepared by the Voisey's Bay Environmental Assessment Panel and dated April 1st, 1999;

"Voisey's Bay Area" means the area, including land, resources and land covered by water, within the boundaries set out in the Map Atlas (shown for illustrative purposes only in schedule 8-A) and described in appendix C-2;

"Voisey's Bay Inuit Impacts and Benefits Agreement" means the agreement between Labrador Inuit Association, Voisey's Bay Nickel Company Limited and Inco Limited dated July 29th, 2002, and any amendments thereto;

"Voisey's Bay Nickel Company Limited" means the body corporate of that name organized and existing under the Corporations Act, a wholly owned subsidiary of Inco Limited; and

"Voisey's Bay Project" means all activities carried out in the Voisey's Bay Area by the Developer or a Subsequent Developer for purposes of, and the physical infrastructure associated with, mining, extracting, concentrating and producing Subsurface Resources located within the Voisey's Bay Area including all shipping

in the Zone that is directly associated with these activities and physical infrastructure. Without limiting the generality of the foregoing, these activities and physical infrastructure include construction and operation of the port at Edward's Cove, the airstrip, the roads, the accommodations complex, and all other infrastructure and related facilities and activities, facilities and physical infrastructure related to reclamation, Rehabilitation, and all aspects of Closure.




Part 8.2 General

8.2.1 The Voisey's Bay Area is governed by this chapter and is not subject to any other provision of the Agreement except:

  1. chapter 1;
  2. chapter 2;
  3. chapter 21; and
  4. where otherwise specifically provided.

8.2.2 This chapter may be amended to reflect the provisions of an Overlap Agreement.

8.2.3 The Voisey's Bay Inuit impacts and benefits agreement between Labrador Inuit Association, Voisey's Bay Nickel Company Limited and Inco Limited dated July 29th, 2002, and any amendments thereto, shall be absolutely deemed to be the Voisey's Bay Inuit Impacts and Benefits Agreement referred to in this chapter for all purposes.




Part 8.3 Status of the Voisey's Bay Area

8.3.1 For greater certainty, except as otherwise provided in this chapter, the Voisey's Bay Area is not Labrador Inuit Lands or part of the Labrador Inuit Settlement Area.

8.3.2 Except with respect to land in the Voisey's Bay Area that has been transferred or designated under section 8.3.15, the Voisey's Bay Area is absolutely deemed to be part of the Labrador Inuit Settlement Area outside Labrador Inuit Lands for purposes of the following:

  1. subject to sections 8.3.3 and 8.3.6, chapters 12 and 13;
  2. subject to section 8.3.3, chapter 15;
  3. chapter 16;
  4. as provided in section 8.3.7, parts 14.1, 14.2, 14.5 and 14.7;
  5. as provided in section 8.3.8, section 5.2.3 and part 5.6;
  6. as provided in section 8.3.9, chapter 11; and
  7. as provided in section 8.5.7, part 7.7.

8.3.3 Inuit rights under chapters 12, 13 and 15 may not be exercised in the Voisey's Bay Area so as to materially interfere with the construction or operation of the Voisey's Bay Project.

8.3.4 A limitation on the exercise of Inuit rights under chapters 12, 13 and 15 may be set out in the Voisey's Bay Inuit Impacts and Benefits Agreement or an Inuit Impacts and Benefits Agreement referred to in section 8.5.7 by agreement of the parties to those agreements, and such limitation shall be deemed to have exhausted the application of section 8.3.3 in respect of the rights that have been so limited.

8.3.5 Nothing in section 8.3.3 prevents the enforcement of Inuit rights under the other provisions of this chapter, the "Environmental Management Agreement between Her Majesty the Queen in right of Canada, Her Majesty the Queen in right of Newfoundland and Labrador, Labrador Inuit Association and the Innu Nation" dated July 22nd, 2002, the Voisey's Bay Inuit Impacts and Benefits Agreement or an Inuit Impacts and Benefits Agreement referred to in section 8.5.7.

8.3.6 Inuit are entitled to enter the Voisey's Bay Area to Harvest for purposes of the Inuit Domestic Harvest and the Inuit Domestic Fishery in accordance with those provisions of chapters 12 and 13 that apply to the Labrador Inuit Settlement Area outside Labrador Inuit Lands. Subject to this section, the management of Wildlife, Plants, Habitat, Fish, Aquatic Plants and Fish Habitat in the Voisey's Bay Area, including the allocation of Wildlife, Fish and Plants, shall be carried out under Laws of General Application unless otherwise agreed in a written agreement between the Parties incorporating the terms of an Overlap Agreement.

8.3.7 Notwithstanding chapter 14, the Developer and any Subsequent Developer are absolutely deemed to be Developers for purposes of parts 14.1, 14.2, 14.5 and 14.7, and the Voisey's Bay Project is absolutely deemed to be a Major Development in the Labrador Inuit Settlement Area outside Labrador Inuit Lands for purposes of those parts.

8.3.8 Inuit may exercise their rights in respect of Water under section 5.2.3 in the Voisey's Bay Area but the exercise by Inuit of those rights shall not materially interfere with the construction or operation of the Voisey's Bay Project. Inuit shall be entitled to compensation in accordance with part 5.6 in the event that a Water Use Permit is required by the Developer or a Subsequent Developer in respect of a change or addition to the Undertaking that would substantially affect the quantity, quality or rate of flow of Water in Ikadlivik Brook.

8.3.9 Chapter 11 applies to any change or addition to the Undertaking that is subject to Environmental Assessment. In applying chapter 11, a change or addition to the Undertaking that requires an Environmental Assessment shall be absolutely deemed to be a Project and the Parties shall take all reasonable steps to conclude a harmonization agreement for purposes of Environmental Assessment of the change or addition having regard to the applicable provisions of any Overlap Agreement.

8.3.10 The Province shall ensure the Rehabilitation of the Voisey's Bay Area prior to Closure.

8.3.11 Subject to sections 8.3.14 and 8.3.18, after Closure the Nunatsiavut Government is entitled to have the lands in the Voisey's Bay Area transferred or designated in such manner as the Nunatsiavut Government may request.

8.3.12 The Province shall notify the Nunatsiavut Government of any land in the Voisey's Bay Area that is available for transfer or designation. The Nunatsiavut Government shall have six months from the date of receipt of the notice, or such longer time as may be agreed in writing between the Province and the Nunatsiavut Government, to exercise its rights under section 8.3.11 in respect of the land described in the notice.

8.3.13 Except for purposes of the Voisey's Bay Project and subject to section 8.4.2, prior to Closure the Province shall not alienate or transfer any land in the Voisey's Bay Area to any Person other than the Nunatsiavut Government without the written consent of the Nunatsiavut Government.

8.3.14 The Province is not obligated to transfer any land to the Nunatsiavut Government or to designate any land in the Voisey's Bay Area if such a transfer or designation would:

  1. be contrary to the provisions of an Overlap Agreement; or
  2. be contrary to the "Memorandum of Agreement Concerning the Voisey's Bay Project between Her Majesty the Queen in right of Newfoundland and Labrador and the Innu of Labrador as represented by the Innu Nation" dated June 11th, 2002.

8.3.15 A transfer or designation under section 8.3.11 shall be given effect by the Province by order in council without any fee or charge to the Nunatsiavut Government.

8.3.16 Any land held by the Nunatsiavut Government as a result of a transfer under section 8.3.15 ceases to be land in the Voisey's Bay Area and is Labrador Inuit Lands or Specified Material Lands, but such Labrador Inuit Lands shall be in addition to the quantum of Labrador Inuit Lands provided for in part 4.3.

8.3.17 Any land designated as land in the Labrador Inuit Settlement Area under section 8.3.15 ceases to be land in the Voisey's Bay Area and is subject to the provisions of the Agreement applicable to the Labrador Inuit Settlement Area, but such land shall be in addition to the quantum of land in the Labrador Inuit Settlement Area provided for in part 4.2.

8.3.18 Any land to be held in a manner other than a manner referred to in section 8.3.16 or to be designated in a manner other than a manner referred to in section 8.3.17 shall be subject to such arrangements as may be established under the order in council transferring or designating that land pursuant to section 8.3.15.

8.3.19 Subject to sections 8.3.20 and 8.3.21, no liability or responsibility attaches to the Nunatsiavut Government either in respect of the cost of rehabilitating the Voisey's Bay Area or any part of the Voisey's Bay Area or for any loss or damage suffered as a result of pollution in, or contamination of, the Voisey's Bay Area or any part of the Voisey's Bay Area, either prior to o r following Closure, that results from the Voisey's Bay Project.

8.3.20 Subject to section 8.3.10, unless otherwise provided in Provincial Legislation,once a piece or parcel of land in the Voisey's Bay Area is transferred to the Nunatsiavut Government as Labrador Inuit Lands, whether before or after Termination, the Province shall not incur any additional or further responsibility or obligation to the Nunatsiavut Government to ensure, carry out or otherwise provide for any additional inspection, rehabilitation, restoration, reclamation or remediation in respect of that piece or parcel of land.

8.3.21 Any facility or infra structure belonging to the Developer or a Subsequent Developer that is located on land transferred to the Nunatsiavut Government pursuant to section 8.3.15 may be acquired by the Nunatsiavut Government with the agreement of the Developer or Subsequent Developer subject to the following:

  1. no liability attaches to the Province as a result of a transfer pursuant to section 8.3.15; and
  2. when the facility or infrastructure so acquired is no longer retained by the Nunatsiavut Government,the Nunatsiavut Government shall ensure that the land and the facility or infrastructure are rehabilitated in conformity with the Rehabilitation requirements that apply to the Developer or Subsequent Developer in relation to the land and the facility or infrastructure as if no such transfer had been made, unless the Nunatsiavut Government and the Province otherwise agree.

8.3.22 Before approving a rehabilitation or closure plan with respect to the Voisey's Bay Area or the Voisey's Bay Project within their respective jurisdictions, Canada and the Province shall Consult the Nunatsiavut Government as to any facilities or infrastructure in the Voisey's Bay Area that the Nunatsiavut Government may wish to have left in place under the terms of the applicable rehabilitation or closure plan with a view to the acquisition of such facility or infrastructure by the Nunatsiavut Government, as contemplated in section 8.3.21, following Closure.

8.3.23 An alienation or transfer made in accordance with section 8.3.13 or a transfer or a designation under section 8.3 .15 shall not derogate from, abridge, remove, terminate, void, or in any manner affect the obligations, with respect to the Voisey's Bay Area, of the Developer under the Voisey's Bay Inuit Impacts and Benefits Agreement or of any Subsequent Developer under an Inuit Impacts and Benefits Agreement referred to in section 8.5.7, or of the Developer or Subsequent Developer under any Law of General Application, whether with respect to Closure and Post-Closure Procedures or otherwise.

8.3.24 Except as provided in this section, until the status of all land in the Voisey's Bay Area has been finalized in accordance with this part the Province shall not issue any Surface Interest in, grant any commercial right of way to, or permit any surface Development on, a strip of land not less than 15 meters wide along and adjoining the seashore or foreshore of Voisey's Bay in the Voisey's Bay Area (the "foreshore strip"). This restriction does not apply to land within the foreshore strip that has been alienated or transferred in accordance with section 8.3.13 or that has been transferred or designated under section 8.3.15.

8.3.25 If the Province intends to issue a Surface Interest, permit in respect of Qua rry Materials or mining lease in the Voisey's Bay Area to any Person other than the Nunatsiavut Government and any part of the boundary delineating the proposed Surface Interest, permit in respect of Quarry Materials or mining lease abuts or is in reasonable proximity to a boundary between the Voisey's Bay Area and Labrador Inuit Lands, the boundary of the abutting or proximate Surface Interest, permit in respect of Quarry Materials or mining lease shall be surveyed to the mutual satisfaction of the Nunatsiavut Government and the Province, at no cost to the Nunatsiavut Government.

8.3.26 Any land in the Voisey's Bay Area not alienated, transferred or designated under sections 8.3.11 to 8.3.18 within five years of Closure, or such longer period as the Province and the Nunatsiavut Government ma y agree in writing, shall be considered Provincial Crown land outside the Labrador Inuit Settlement Area under Laws of General Application if the Province has complied with the requirements of section 8.3.12 in respect of such land.




Part 8.4 Rights to Develop the Voisey's Bay Project

8.4.1 The Developer or a Subsequent Developer may develop the Voisey's Bay Project in accordance with this chapter.

8.4.2 The Developer or a Subsequent Developer shall not be granted fee simple or freehold title to land or Subsurface Resources in the Voisey's Bay Area.

8.4.3 The Voisey's Bay Area and facilities and infrastructure located in or to be located in the Voisey's Bay Area for purposes of the Voisey's Bay Project shall not, without the prior written agreement of the Nunatsiavut Government, be developed or used by Persons other than Inuit and Inuit Businesses for purposes other than the carrying out of the Voisey's Bay Project.

8.4.4 Notwithstanding section 8.4.3, if, prior to Closure, members of the Innu Nation, or businesses owned and controlled by the Innu Nation or members of the Innu Nation, propose to develop or use the Voisey's Bay Area, o r facilities and infrastructure located in or to be located in the Voisey's Bay Area, for any purpose other than the Voisey's Bay Project, the agreement of the Nunatsiavut Government shall not be required, but nothing in this section derogates from section 8.3.13.

8.4.5 No Town site shall be established in the Voisey's Bay Area.

8.4.6 The only port site that may be used for construction of the Voisey's Bay Project and for purposes of the Voisey's Bay Project shall be located at Edward's Cove.

8.4.7 Nothing in section 8.4.6 prevents the use of a harbour other than Edward's Cove in the event of an emergency. In this section "emergency" means an unplanned, present or imminent event that:

  1. threatens human life, health or safety;
  2. has caused or could cause damage to a ship or a ship's cargo; or
  3. has caused or could cause pollution to the Environment.



Part 8.5 Voisey's Bay Inuit Impacts and Benefits Agreement

8.5.1 The Voisey's Bay Project was not permitted to commence by the Province until the Voisey's Bay Inuit Impacts and Benefits Agreement was in effect and a mining lease shall not be issued to a Subsequent Developer until an Inuit Impacts and Benefits Agreement has been concluded under section 8.5.7.

8.5.2 The Voisey's Bay Inuit Impacts and Benefits Agreement is a contract.

8.5.3 The Voisey's Bay Inuit Impacts and Benefits Agreement is binding only upon the parties to that agreement. Subject to sections 8.5.1, 8.5.4 and 8.5.5, the entitlement of Inuit to any rights or benefits under the Voisey's Bay Inuit Impacts and Benefits Agreement is distinct from, and independent of, any rights of Inuit under the Agreement. Unless otherwise agreed by the Parties, completion or satisfaction of the terms and conditions of the Voisey's Bay Inuit Impacts and Benefits Agreement does not qualify, limit, discharge or otherwise relieve any Party of any of its obligations under the Agreement.

8.5.4 The Province recognizes that Inuit are entitled to preferences with respect to training, employment and contracting opportunities related to the Voisey's Bay Project. These preferences shall be established under and set out in the Voisey's Bay Inuit Impacts and Benefits Agreement. The obligations of the Province under this section are limited to the obligations set out in section 8.5.5.

8.5.5 Upon execution of the Voisey's Bay Inuit Impacts and Benefits Agreement or an Inuit Impacts and Benefits Agreement referred to in section 8.5.7, and subject to disclosure to the Province of the provisions respecting training, employment and contracting preferences in the Voisey's Bay Inuit Impacts and Benefits Agreement or an Inuit Impacts and Benefits Agreement concluded under section 8.5.7, the Province shall, if it concludes that such preferences are reasonable, introduce and support Legislation to ensure that the provisions are lawful. For purposes of this section preferences shall be considered reasonable if non-aboriginal Persons have opportunities to participate in training, employment and contracting related to the Voisey's Bay Project.

8.5.6 The Voisey's Bay Inuit Impacts and Benefits Agreement must include provisions pertaining to the port at Edward's Cove and, notwithstanding section 8.2.1, to shipping in the Zone that is directly associate d with the Voisey's Bay Project, including matters of concern to Inuit with respect to the shipping route, the shipping season and winter shipping through land fast sea ice.

8.5.7 A Subsequent Developer may not commence, continue, resume or revive the Voisey's Bay Project without first concluding an Inuit Impacts and Benefits Agreement with the Nunatsiavut Government in accordance with those provisions of part 7.7 that apply to a Major Development in the Labrador Inuit Settlement Area outside Labrador Inuit Lands. An Inuit Impacts and Benefits Agreement under this section shall be subject to sections 8.5.3, 8.5.4 and 8.5.6, with any necessary changes in points of detail. For purposes of part 7.7 a Subsequent Developer shall be absolutely deemed to be a Developer and the commencement, continuation, resumption or revival of the Voisey's Bay Project by a Subsequent Developer shall be absolutely deemed to be a Major Development in the Labrador Inuit Settlement Area outside Labrador Inuit Lands.




Part 8.6 Consultation with Respect to the Voisey's Bay Project

8.6.1 Canada and the Province shall provide to the Nunatsiavut Government on a timely basis, a copy of every application made by the Developer or a Subsequent Developer for a Permit with respect to the Voisey's Bay Project or any other work or activity in the Voisey's Bay Area and any plan, report, or other document submitted by the Developer or Subsequent Developer with respect to the application that is required by Law, and any information respecting the process, including timing, applicable to the disposition of such application.

8.6.2 Canada and the Province shall Consult the Nunatsiavut Government prior to:

  1. deciding an application for a Permit or issuing an order pertaining to the Voisey's Bay Project or to any other work or activity in the Voisey's Bay Area; or
  2. attaching a condition or making an amendment to a Permit or order pertaining to the Voisey's Bay Project or to any other work or activity in the Voisey's Bay Area.

8.6.3 Notwithstanding section 8.6.2, if there is an emergency Canada or the Province may issue a Permit or order in relation to the Voisey's Bay Project or any other work or activity in the Voisey's Bay Area without first Consulting the Nunatsiavut Government, but as soon as practicable thereafter shall inform the Nunatsiavut

Government of, and provide the reasons for, the decision or action. In this section "emergency" means an unplanned, present or imminent event that:

  1. threatens human life, health or safety;
  2. has caused or could cause significant damage to property; or
  3. has caused or could cause pollution or harm to the Environment.

8.6.4 Canada and the Province shall provide to the Nunatsiavut Government, on a timely basis, a copy of every Permit pertaining to the Voisey's Bay Project and the Voisey's Bay Area in effect from time to time.

8.6.5 In relation to the Voisey's Bay Project, Canada shall Consult the Nunatsiavut Government:

  1. on any conditions that might be required of the Developer or a Subsequent Developer for an authorization pursuant to subsection 35(2) of the Fisheries Act; and
  2. before issuing an authorization to the Developer or a Subsequent Developer pursuant to subsection 35(2) of the Fisheries Act.

8.6.6 With respect to shipping in the Zone directly associated with the Voisey's Bay Project, Canada shall Consult the Nunatsiavut Government in relation to the following matters:

  1. the establishment by Canada of marine navigation services;
  2. subject to section 8.6.7, the issuance of approvals or exemptions under the Navigable Waters Protection Act; and
  3. hydrographic surveys along the shipping routes to and from the Voisey's Bay Area.

8.6.7 In the case of matters referred to in section 8.6.6, Consultation will not be required in the event of an emergency, but the Nunatsiavut Government shall be provided with notice thereof as soon as practicable after the approvals or exemptions have been provided. In this section "emergency" means an unplanned, present or imminent event that:

  1. threatens human life, health or safety;
  2. has caused or could cause significant damage to a ship or ship's cargo; or
  3. has caused or could cause pollution to the Environment.

8.6.8 Canada and the Province shall Consult the Nunatsiavut Government prior to providing advice to the Developer or a Subsequent Developer regarding:

  1. all significant elements of the marine transportation management plan relating to the Voisey's Bay Project, including but not limited to winter shipping, shipping routes, oil spill emergency response plans, search and rescue plans, concentrate loading procedures, navigational aids and pilotage requirements; and
  2. any voluntary agreements that may be reached in relation to shipping by the Developer or Subsequent Developer, including an agreement supporting the applicable principles of the "Arctic Ice Regime Shipping System (AIRSS) Standards" referred to in the Arctic Shipping Pollution Prevention Regulations.



Part 8.7 Environmental Management

8.7.1 Canada and the Province shall Consult the Nunatsiavut Government about measures to conserve, protect and rehabilitate the Environment in relation to the Voisey's Bay Project including the implementation of measures:

  1. pertaining to the enforcement of all regulatory requirements, and of the terms and conditions of all Permits in relation to the Voisey's Bay Project;
  2. to require that the Developer or a Subsequent Developer prevent or Mitigate adverse Environmental Effects of the Voisey's Bay Project; and
  3. to consider Inuit Knowledge, scientific information and the precautionary principle in Environmental management of the Voisey's Bay Project.




Chapter 9: National Parks and Protected Areas

Part 9.1 Torngat Mountains National Park Reserve

9.1.1 The area set out in the Map Atlas (shown for illustrative purposes only in schedule 9-A) and described in appendix D-2 shall become a National Park Reserve, to be called the Torngat Mountains National Park Reserve of Canada, on the Effective Date.

9.1.2 Subject to the Canada National Parks Act, Canada undertakes to:

  1. establish the Torngat Mountains National Park Reserve of Canada as a National Park, to be called the Torngat Mountains National Park of Canada; and
  2. Consult the Nunatsiavut Government with respect to the establishment of the Torngat Mountains National Park Reserve of Canada as a National Park.

9.1.3 Canada shall conduct a process of public consultation in the Labrador Inuit Settlement Area before substantially redrawing the boundaries of the Torngat Mountains National Park of Canada or the Torngat Mountains National Park Reserve of Canada.

9.1.4 Parts 9.2 and 9.3, other than sections 9.2.1, 9.2.3 and 9.2.4, apply to this part.




Part 9.2 National Parks and National Park Reserves

9.2.1 Prior to entering into any agreement for purposes of establishing a National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve in the Labrador Inuit Settlement Area outside Labrador Inuit Lands, Canada and the Province shall Consult the Nunatsiavut Government about the proposed agreement.

9.2.2 Prior to the establishment or substantial enlargement of a National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve in the Labrador Inuit Settlement Area, Canada and the Nunatsiavut Government shall negotiate a park impacts and benefits agreement that:

  1. shall address any matter connected with the proposed National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve or any proposed substantial enlargement of the National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve that might have a detrimental impact on Inuit or that could reasonably confer a benefit on Inuit; and
  2. may include provisions related to:
    1. the participation of Inuit in the management of the National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve through a co-operative management board;
    2. Mitigation of potential negative impacts of the National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve on Inuit;
    3. the use of Inuit camps, cabins and travel routes for the exercise of the Harvesting rights of Inuit in the National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve;
    4. hiring of qualified Inuit in connection with the establishment, operation and maintenance of the National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve;
    5. any opportunities for Inuit Businesses associated with the National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve, including guiding and tourism;
    6. archaeology and access to and display of Archaeological Materials in the National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve, but no such provisions may relieve Canada of its obligations under part 9.3;
    7. Harvesting by Inuit in the National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve;
    8. technology to extract Carving Stone, the amount of Carving Stone that may be extracted, physical access for purposes of extracting Carving Stone, and the protection of the Environment and the integrity of the National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve in relation to the extraction of Carving Stone; and
    9. any other matters that Canada and the Nunatsiavut Government consider to be relevant to the needs of Inuit and the National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve.

9.2.3 If Canada and the Nunatsiavut Government have not concluded an agreement referred to in section 9.2.2 within 18 months from the conclusion of an agreement between Canada and the Province providing for the transfer to Canada of administration and control of the area necessary for the establishment of the National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve, or any other time agreed to by Canada and the Nunatsiavut Government, they shall select a conciliator who shall submit a report to Canada and the Nunatsiavut Government for consideration. If Canada and the Nunatsiavut Government cannot agree following conciliation, each of them shall, within 60 clear days from receipt of the conciliator's report, submit a report to the Minister for the Minister's consideration and decision on the terms of the agreement.

9.2.4 If an agreement between Canada and the Province referred to in section 9.2.3 is not necessary with respect to the establishment of a National Marine Conservation Area or National Marine Conservation Area Reserve and if Canada and the Nunatsiavut Government have not concluded an agreement referred to in section 9.2.2 within 18 months from the commencement of negotiations for that purpose, or any other time agreed to by them, they shall select a conciliator who shall submit a report to them for consideration. If Canada and the Nunatsiavut Government cannot agree following conciliation, each party shall, within 60 clear days from receipt of the conciliator's report, submit a report to the Minister for the Minister's consideration and decision on the terms of the agreement.

9.2.5 A Park Impacts and Benefits Agreement:

  1. shall not form part of the Agreement; and
  2. is not intended to be a treaty or land claims agreement and is not intended to recognize or affirm aboriginal or treaty rights within the meaning of sections 25 and 35 of the Constitution Act, 1982.

9.2.6 Any provision respecting archaeology in a Park Impacts and Benefits Agreement shall be consistent with the regime applicable to land under the control and administration of Canada under chapter 15.

9.2.7 Notwithstanding section 9.2.2, where a Park Impacts and Benefits Agreement has been negotiated in respect of a National Park Reserve or National Marine Conservation Area Reserve, no additional Park Impacts and Benefits Agreement shall be required solely by virtue of the National Park Reserve or National Marine Conservation Area Reserve being designated a National Park or National Marine Conservation Area.

9.2.8 Except as provided in a Park Impacts and Benefits Agreement or in section 9.2.11 or 9.2.13, the establishment of a National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve in the Labrador Inuit Settlement Area shall not affect Inuit rights under the Agreement unless otherwise specifically provided in the Agreement.

9.2.9 If there is a Conflict between an Inuit Law and a federal Law of General Application relating to a National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve, the federal Law of General Application prevails to the extent of the Conflict.

9.2.10 Any co-operative management board for a National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve shall be an advisory board. The Minister may accept or reject the advice of the co- operative management board.

9.2.11 There shall be no Commercial Wildlife Operations, commercial fishing, or commercial Harvesting of Plants or Aquatic Plants in National Parks or National Park Reserves in the Labrador Inuit Settlement Area, except for the trapping of Fur bearers by Inuit in accordance with chapter 12 and non-consumptive commercial activities in relation to Wildlife and Fish.

9.2.12 Except as provided in section 4.6.9 and except for quarrying of Quarry Material that may be required for construction necessary for, or related to, a National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve, exploration for and development of Subsurface Resources shall not be permitted in a National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve in the Labrador Inuit Settlement Area.

9.2.13 Inuit shall not extract Carving Stone in a National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve in the Labrador Inuit Settlement Area with power tools or explosives unless a permit to do so has been issued by the Minister. A permit shall not be denied unless the Minister has reason to believe that the use of power tools or explosives for the extraction of Carving Stone would be a hazard to public safety or would impair the ecological integrity of the National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve.

9.2.14 Where Canada intends to contract for the establishment, operation or maintenance of facilities in a National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve in the Labrador Inuit Settlement Area, Canada shall:

  1. give fair consideration to qualified Inuit contractors; and
  2. ensure that all contractors give fair consideration to qualified Inuit contractors.

9.2.15 Section 9.2.14 shall not restrict the provisions of a Park Impacts and Benefits Agreement in relation to a proposed National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve in the Labrador Inuit Settlement Area that deal with economic benefits for Inuit.




Part 9.3 Archaeological Activities in National Parks and National Park Reserves

9.3.1 Canada shall Consult the Province and the Nunatsiavut Government before:

  1. carrying out, permitting or authorizing an Archaeological Activity in a National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve in the Labrador Inuit Settlement Area;
  2. cancelling any permit or authorization in relation to an Archaeological Activity in a National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve in the Labrador Inuit Settlement Area; or
  3. altering the terms or conditions of any permit or authorization in relation to an Archaeological Activity in a National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve in the Labrador Inuit Settlement Area.

9.3.2 If Consultation under section 9.3.1 is not practicable because of an emergency, Canada shall, as soon as practicable after taking an action referred to in subsection 9.3.1(a), 9.3.1(b) or 9.3.1(c), notify the Province and the Nunatsiavut Government of, and provide the reasons for, its action. For purposes of this section an emergency shall be deemed to exist if:

  1. a Person is wilfully ignoring the terms of Legislation or a permit in respect of an Archaeological Activity, Archaeological Material or an Archaeological Site; or
  2. Archaeological Material or an Archaeological Site is in imminent danger of being destroyed or of being disturbed contrary to the terms of Legislation or a permit.

9.3.3 Canada shall provide the Province and the Nunatsiavut Government the following information relative to any National Park, National Park Reserve, National Marine Conservation Area or National Marine Conservation Area Reserve in the Labrador Inuit Settlement Area:

  1. copies of all reports, forms and records received from a Permit Holder as defined in chapter 15;
  2. Archaeological Site record forms for all known Archaeological Sites; and
  3. Archaeological Site inventory maps showing the locations of all known Archaeological Sites.



Part 9.4 Protected Areas

9.4.1 The establishment of Protected Areas in the Labrador Inuit Settlement Area is subject to chapters 10 and 11.

9.4.2 Except as provided in a Protected Area Agreement or in section 9.4.18, nothing in this part affects the rights of Inuit or the Nunatsiavut Government under the Agreement.

9.4.3 A Protected Area established in the Labrador Inuit Settlement Area outside Labrador Inuit Lands shall be established under Laws of General Application, subject to the Agreement.

9.4.4 Subject to section 9.4.5, Protected Areas in Labrador Inuit Lands shall be established by the Nunatsiavut Government, which may make laws in relation to the establishment, use and operation of Protected Areas in Labrador Inuit Lands.

9.4.5 Nothing in section 9.4.4 confers jurisdiction on the Nunatsiavut Government to make laws in relation to the establishment, use or operation of a Protected Area under federal or Provincial Legislation.

9.4.6 No Protected Area may be established under federal or Provincial Legislation in Labrador Inuit Lands until an agreement with respect to the Protected Area has been concluded between the Nunatsiavut Government and Canada or the Province, as the case may be, but an agreement under this section:

  1. shall not form part of the Agreement; and
  2. is not intended to be a treaty or land claims agreement and is not intended to recognize or affirm aboriginal or treaty rights within the meaning of sections 25 and 35 of the Constitution Act, 1982.

9.4.7 Nothing in section 9.4.6 or 9.4.9 is intended to affect, or shall be construed so as to affect, part 4.18.

9.4.8 If there is a Conflict between an Inuit Law under section 9.4.4 and a federal or Provincial Law, the Inuit Law prevails to the extent of the Conflict.

9.4.9 Notwithstanding anything in the Agreement, if there is a Conflict between an Inuit Law and federal or Provincial Legislation in relation to critical habitat of species at risk, the federal or Provincial Legislation prevails to the extent of the Conflict.

9.4.10 Canada or the Province, as the case may be, shall Consult the Nunatsiavut Government before it:

  1. establishes a Protected Area,
  2. discontinues a Protected Area,
  3. changes the level or scope of protection in a Protected Area, or
  4. redraws the boundaries of a Protected Area,

in the Labrador Inuit Settlement Area.

9.4.11 The Nunatsiavut Government shall Consult the Province and Canada before establishing a Protected Area, discontinuing a Protected Area, redrawing the boundaries of a Protected Area or changing the level or scope of protection in a Protected Area in Labrador Inuit Lands.

9.4.12 If, following the Consultation referred to in section 9.4.10, the Minister intends to establish a Protected Area in the Labrador Inuit Settlement Area outside Labrador Inuit Lands or make a substantial change in the level or scope of protection in a Protected Area in the Labrador Inuit Settlement Area outside Labrador Inuit Lands, the Minister shall, subject to sections 9.4.16, 9.4.17 and 9.4.18, negotiate with the Nunatsiavut Government for purposes of concluding an agreement with respect to the Protected Area.

9.4.13 A Protected Area Agreement shall address all matters relevant to the establishment, development and operation of a Protected Area and any matter connected with the Protected Area that might have a detrimental impact on Inuit or that could reasonably confer a benefit on Inuit and shall include provisions related to:

  1. steps that will be taken by the relevant Parties in the establishment of the Protected Area;
  2. management of the Protected Area;
  3. Mitigation of potential negative impacts of the Protected Area on Inuit;
  4. the use of Inuit camps, cabins and travel routes for the exercise of Harvesting rights of Inuit in the Protected Area;
  5. hiring of qualified Inuit in connection with the establishment, development and operation of the Protected Area;
  6. archaeology;
  7. any opportunities for Inuit Businesses associated with the Protected Area including guiding and tourism; and
  8. Harvesting by Inuit.

9.4.14 A Protected Area Agreement:

  1. shall not form part of the Agreement; and
  2. is not intended to be a treaty or land claims agreement and is not intended to recognize or affirm aboriginal or treat y rights within the meaning of sections 25 and 35 of the Constitution Act, 1982.

9.4.15 A Protected Area Agreement shall be consistent with chapter 15.

9.4.16 If the Minister intends to establish a Protected Area in the Labrador Inuit Settlement Area outside Labrador Inuit Lands or make a substantial change in the level or scope of protection in a Protected Area in the Labrador Inuit Settlement Area outside Labrador Inuit Lands under section 9.4.12 for the purposes of Conservation, as defined in chapter 12 or 13, and a Protected Area Agreement has not been concluded with the Nunatsiavut Government within 120 clear days from the commencement of negotiations, the Minister may establish the Protected Area without first concluding a Protected Area Agreement and any matter in dispute may be referred by the Nunatsiavut Government to arbitration under chapter 21.

9.4.17 If the Minister intends to establish a Protected Area in the Labrador Inuit Settlement Area outside Labrador Inuit Lands or make a substantial change in the level or scope of protection in a Protected Area in the Labrador Inuit Settlement Area outside Labrador Inuit Lands under section 9.4.12 for any purpose other than for purposes of Conservation, as defined in chapter 12 or 13, and a Protected Area Agreement has not been concluded with the Nunatsiavut Government within 120 clear days from the commencement of negotiations, any matter in dispute may be referred to arbitration under chapter 21.

9.4.18 An emergency reserve may be established under the Wilderness and Ecological Reserves Act in an endangered area in the Labrador Inuit Settlement Area outside Labrador Inuit Lands prior to the commencement of negotiations for purposes of concluding a Protected Area Agreement with respect to such Protected Area but:

  1. negotiation of a Protected Area Agreement in respect of such Protected Area must be commenced within 90 clear days from the date of the Legislation or order establishing the emergency reserve;
  2. if a Protected Area Agreement has not been concluded with the Nunatsiavut Government within 120 clear days from the commencement of negotiations, any matter in dispute may be referred to arbitration under chapter 21;
  3. subject to sections 9.4.16 and 9.4.17, an emergency reserve shall not be established as a reserve under theWilderness and Ecological Reserves Act until a Protected Area Agreement has been concluded with the Nunatsiavut Government; and
  4. if the emergency reserve is not established as a reserve within two years from the date of t he Legislation or order establishing the emergency reserve, the emergency reserve shall cease to exist as a Protected Area.

For purposes of this section an "endangered area" is an area that has been found suitable for the establishment in it of a reserve and in the opinion of the Minister is in danger, because of some imminent activity, action or event, of becoming an area that would not be suitable for the establishment in it of a reserve.

9.4.19 In addition to any other rights of access and use enjoyed by Inuit under the Agreement or a Protected Area Agreement, Inuit shall have a right of entry at no cost into Protected Areas in the Labrador Inuit Settlement Area, but nothing in this section creates a right to free use of facilities for which user fees are charged in a Protected Area.

9.4.20 Any Government publication informing the public about Protected Areas in the Labrador Inuit Settlement Area must be made available in Inuktitut.





Chapter 10: Land Use Planning

Part 10.1 Definitions

10.1.1 In this chapter:

"Appeal Board" means the board established under section 10.11.2;

"Government" does not include Canada;

"Planner" means the individual or individuals appointed by the Minister under section 10.4.1; and

"Regional Planning Authority" means the planning authority est ablished under section 10.3.1 or 10.3.2.




Part 10.2 General

10.2.1 The provisions of this chapter apply to all lands, waters and resources in the Labrador Inuit Settlement Area other than lands under the control and administration of Canada and Tidal Waters within the jurisdiction of Canada.

10.2.2 The Labrador Inuit Settlement Area is a single regional planning area for all purposes related to land use planning.

10.2.3 Land use policies and development regulations established under Provincial Laws do not apply in or to Labrador Inuit Lands but, subject to this chapter, do apply in accordance with their terms to Water Use in Labrador Inuit Lands.

10.2.4 The Province shall Consult the Nunatsiavut Government before establishing any land use policy or development regulation under any Provincial Law that applies in or to the Labrador Inuit Settlement Area outside Labrador Inuit Lands or to Water Use in Labrador Inuit Lands.

10.2.5 The Nunatsiavut Government shall Consult the Province before establishing any land use policy or development regulation under an Inuit Law that applies in or to Labrador Inuit Lands.

10.2.6 A Person is not entitled to compensation for a reduction in the value of that Person's interest in land or for any loss or damage to that Person's interest in land that may result from the application of this chapter or the Land Use Plan.

10.2.7 Notwithstanding the jurisdiction of the Nunatsiavut Government under section 10.12.1 and the provisions of section 10.12.4, a Land Use Plan must be prepared in accordance with this chapter and in accordance with the procedures set out for the preparation of a regional plan under the Urban and Rural Planning Act,2000. A draft of the Land Use Plan shall be submitted to the Province and the Nunatsiavut Government under section 10.5.5 within three years from the Effective Date or within any other time period agreed to by the Province and the Nunatsiavut Government.

10.2.8 A plan under the Urban and Rural Planning Act, 2000 which is in effect in the Labrador Inuit Settlement Area at the time the Land Use Plan comes into effect shall be amended to conform to the Land Use Plan.

10.2.9 A plan under the Urban and Rural Planning Act, 2000 within the Labrador Inuit Settlement Area or under an Inuit Law within Labrador Inuit Lands prepared subsequent to the time the Land Use Plan comes into effect must conform to the Land Use Plan.

10.2.10 The Province and the Nunatsiavut Government , through the planning process referred to in this chapter and thereafter, may collaborate with the federal Minister for purposes of achieving the objectives of Canada's oceans management strategy under part II of the Oceans Act.




Part 10.3 Regional Planning Authority

10.3.1 There shall be a Regional Planning Authority for the Labrador Inuit Settlement Area composed of four members having knowledge and experience in land use planning who shall be appointed jointly by the Province and the Nunatsiavut Government as soon as practicable after the Effective Date.

10.3.2 If the Province and the Nunatsiavut Government fail to agree on joint appointments to the Regional Planning Authority for the Labrador Inuit Settlement Area within 60 clear days from the commencement of discussions for that purpose, each of the Province and the Nunatsiavut Government may appoint two members.

10.3.3 The members of the Regional Planning Authority shall select a chairperson from among their number.

10.3.4 The Regional Planning Authority shall direct the preparation of the draft of the Land Use Plan.

10.3.5 The Regional Planning Authority may adopt rules for the performance of its functions, including rules for the calling of meetings, the conduct of business and the carrying on of the work of the Regional Planning Authority.

10.3.6 The members of the Regional Planning Authority shall receive remuneration for their services as members and shall be paid the expenses necessarily incurred in the discharge of their duties. A public servant appointed to the Regional Planning Authority shall not receive remuneration in excess of that received as a public servant.

10.3.7 The Regional Planning Authority shall disband and cease its operations when it has completed its functions under part 10.5.

10.3.8 The Regional Planning Authority shall prepare a single, comprehensive Land Use Plan for the Labrador Inuit Settlement Area following the procedures set out for preparation of a regional plan by a regional authority under the Urban and Rural Planning Act, 2000, as modified by this chapter, and for that purpose has the powers and shall carry out the functions of a regional authority under the Urban and Rural Planning Act, 2000, subject to this chapter.

10.3.9 The Regional Planning Authority shall, after Consultation with the Planner:

  1. establish principles to guide land use planning in the Labrador Inuit Settlement Area;
  2. establish the objectives of the land use plan; and
  3. perform any other functions that may be agreed upon by the Regional Planning Authority, the Nunatsiavut Government and the Province.



Part 10.4 Preparation of the Land Use Plan

10.4.1 The Minister shall appoint a planner or planners to prepare a draft of the Land Use Plan.

10.4.2 The Planner, who shall be a fellow or full member of the Canadian Institute of Planners, shall be appointed from a list of nominees prepared by the Regional Planning Authority and the terms of the appointment shall be established by the Minister in Consultation with the Regional Planning Authority.

10.4.3 The draft of the Land Use Plan must provide for the management of land, water and resource use in the Labrador Inuit Settlement Area and shall take into consideration and account for:

  1. the natural resources of the Labrador Inuit Settlement Area, including Water, and existing patterns of natural resource use;
  2. the health and quality of life of the residents of t he La brador Inuit Settlement Area;
  3. the economic needs of, and the economic opportunities that are and may be available to, the residents of the Labrador Inuit Settlement Area;
  4. Environmental considerations, including Fish, Fish Habitat, Aquatic Plants, Wildlife, Plants and Habitat;
  5. Protected Areas, National Parks, National Parks Reserves, National Marine Conservation Areas and National Marine Conservation Area Reserves;
  6. cultural factors and priorities, including the protection and preservation of Archaeological Sites, sites of religious or spiritual significance to Inuit, Inuit burial sites and Aullâsimavet;
  7. particular local and regional considerations;
  8. considerations respecting the management of estuarine, coastal and marine ecosystems;
  9. the rights of Inuit as set out in the Agreement;
  10. the mandatory and discretionary requirements for plans and regulations under the Urban and Rural Planning Act, 2000; and
  11. any other factors that, in the opinion of the Regional Planning Author ity and the Planner, are necessary or desirable.

10.4.4 Once the Regional Planning Authority is satisfied with the draft of the Land Use Plan, it shall forward the draft to the Nunatsiavut Government and the Minister.

10.4.5 Within 60 cl ear days from the date when the draft of the Land Use Plan is forwarded to the Nunatsiavut Government and the Minister under section 10.4.4, the Nunatsiavut Government and the Minister shall provide their recommendations and comments regarding the draft of the Land Use Plan to the Regional Planning Authority. The Regional Planning Authority may direct the Planner to revise the draft of the Land Use Plan.

10.4.6 Upon completion of the process under section 10.4.5, the Regional Planning Authority shall forward the draft of the Land Use Plan or revised draft of the Land Use Plan to the Nunatsiavut Government and the Minister.

10.4.7 The draft of the Land Use Plan referred to in section 10 .4.6 shall be adopted in principle by the Minister and the Nunatsiavut Government.




Part 10.5 Public Hearings

10.5.1 Once the steps required under part 10.4 have been completed and the draft of the Land Use Plan has been adopted in principle by the Minister and the Nunatsiavut Government pursuant to section 10.4.7, it shall be the subject of public hearings to be held within the Labrador Inuit Settlement Area and other locations as determined by the Nunatsiavut Government and the Minister.

10.5.2 The Regional Planning Authority shall appoint a commissioner who shall:

  1. hold public hearings and consider representations regarding the draft of the Land Use Plan from any Person;
  2. have, for purposes of public hearings under this chapter, the same powers as a commissioner under the Public Inquiries Act; and
  3. not simultaneously be a member or an employee of a municipal or city council, a regional authority, the Provincial Government or an Inuit Government.

10.5.3 Within six months from the date of the appointment under section 10.5.2, the commissioner shall submit a written report to the Regional Planning Authority with respect to the draft of the Land Use Plan. The report must set out in detail the commissioner's recommendations respecting all matters and representations considered by the commissioner at the public hearings together with the reasons for the recommendations and a statement showing objections and representations that came to the attention of the commissioner but were not considered and the reasons why they were not considered.

10.5.4 The Regional Planning Authority shall Consult the Nunatsiavut Government and the Minister on the report referred to in section 10.5.3 and following such Consultation may revise the draft of the Land Use Plan.

10.5.5 After the Consultation referred to in section 10.5.4 and after making any revisions, the Regional Planning Authority shall submit the draft of the Land Use Plan to the Minister and the Nunatsiavut Government.




Part 10.6 Approval of the Land Use Plan

10.6.1 Within 90 clear days from the date of receipt of the draft of the Land Use Plan referred to in section 10.5.5, the Minister shall, with respect to the Labrador Inuit Settlement Area outside Labrador Inuit Lands and with respect to Water Use in Labrador Inuit Lands, review the draft of the Land Use Plan under the Urban and Rural Planning Act, 2000. Upon completion of the review, the Minister shall, after Consulting the Nunatsiavut Government pursuant to section 10.6.3:

  1. approve the draft of the Land Use Plan with or without conditions;
  2. modify the draft of the Land Use Plan; or
  3. reject the draft of the Land Use Plan and substitute a Land Use Plan for the Labrador Inuit Settlement Area outside Labrador Inuit Lands and for the Use of Water in Labrador Inuit Lands; and
  4. forthwith notify the Nunatsiavut Government of the decision.

10.6.2 Within 90 clear days from the date of receipt of the draft of the Land Use Plan referred to in section 10.5.5, the Nunatsiavut Government shall, with respect to Labrador Inuit Lands and subject to section 10.6.3:

  1. approve the draft of the Land Use Plan with or without conditions;
  2. modify the draft of the Land Use Plan; or
  3. reject the draft of the Land Use Plan and substitute a Land Use Plan for a matter within the jurisdiction of the Nunatsiavut Government; and
  4. forthwith notify the Minister of the decision.

10.6.3 The discretion of the Nunatsiavut Government under section 10.6.2 shall not apply to Water Use in Labrador Inuit Lands, but the Minister shall Consult the Nunatsiavut Government prior to taking any action under section 10.6.1 with respect to Water Use in Labrador Inuit Lands.

10.6.4 Once the draft of the Land Use Plan referred to in section 10. 5.5 has been approved, with or without conditions, modified or rejected and substituted under sections 10.6.1 and 10.6.2 it shall be brought into effect as the Land Use Plan in accordance with the procedures set out in part 10.7.




Part 10.7 Coming into Effect and Implementation of the Plan

10.7.1 For matters within Provincial jurisdiction in the Labrador Inuit Settlement Area outside Labrador Inuit Lands, including the Inuit Communities, and with respect to Water Use in Labrador Inuit Lands, the Land Use Plan shall come into effect upon compliance by the Minister with the requirements of the Urban and Rural Planning Act, 2000 for bringing a plan into force after which the Land Use Plan, as it applies in such lands, shall be binding for purposes of Provincial Law on all Persons other than Canada.

10.7.2 The Land Use Plan shall come into effect in Labrador Inuit Lands when it has been proclaimed and published as an Inuit Law in accordance with the procedures established pursuant to subsection 17.5.1(d), after which the Land Use Plan, as it applies in Labrador Inuit Lands, shall be binding for purposes of Inuit Laws, on all Persons other than Canada.

10.7.3 The Land Use Plan shall be implemented:

  1. in Labrador Inuit Lands by the Nunatsiavut Government, subject to section 10.12.2;
  2. in the Inuit Communities, except with respect to Labrador Inuit Lands, by the Inuit Community Governments; and
  3. elsewhere within the Labrador Inuit Settlement Area by the Minister.



Part 10.8 Non-Conforming Uses

10.8.1 Any use of land, Water, Tidal Waters, or buildings legally existing within the Labrador Inuit Settlement Area when the Land Use Plan comes into effect which does not conform to the Land Use Plan or which becomes non-conforming as a result of an amendment to the Land Use Plan may continue without conforming to the Land Use Plan.

10.8.2 Unless otherwise provided in the Agreement, any non-conforming use permitted under section 10.8.1 which ceases for a continuous period of 12 months loses its status as a permitted non-conforming use.




Part 10.9 Transitional

10.9.1 No new use of land, Water, Tidal Waters, or buildings within the Labrador Inuit Settlement Area outside Labrador Inuit Lands, other than one which conforms to a municipal plan, may be permitted between the Effective Date and the date when the Land Use Plan comes into effect without Consultation with the Nunatsiavut Government.

10.9.2 Paragraphs F to L inclusive of Schedule A to the Mineral Regulations (CNR 1143/96) shall not be revised, replaced or amended:

  1. in Labrador Inuit Lands prior to the date when the Land Use Plan comes into effect without the written consent of the Nunatsiavut Government; and
  2. in the Labrador Inuit Settlement Area outside Labrador Inuit Lands, until at least six months after the Effective Date.



Part 10.10 Amendments to the Plan

10.10.1 The Nunatsiavut Government and the Minister shall jointly review the Land Use Plan, including the principles and objectives for the Land Use Plan that are established under section 10.3.9, every five years from the date when the Land Use Plan comes into effect everywhere in the Labrador Inuit Settlement Area.

10.10.2 Recommendations for amendments to t he Land Use Plan ma y be made by any Person to the Nunatsiavut Government or the Minister at any time after the Land Use Plan comes into effect.

10.10.3 An amendment to the Land Use Plan that is proposed as a consequence of a review under section 10.10.1 or that is recommended under section 10.10.2 shall be dealt with in accordance with this part.

10.10.4 The Government having jurisdiction over the land or matter that is the subject of a proposed amendment shall either reject the proposed amendment or, subject to section 10.10.5, prepare a draft amendment to the Land Use Plan.

10.10.5 In preparing a draft amendment to the Land Use Plan the Minister or the Nunatsiavut Government, as the case may be, shall:

  1. apply the principles and objectives for the Land Use Plan that are established under section 10.3.9 unless, as part of the draft amendment, the principles and objectives that have been established under section 10.3.9 are being revised as a result of a review referred to in section 10.10.1;
  2. take into consideration, and account for, where appropriate, the matters set out in section 10.4.3; and
  3. Consult the other.

10.10.6 Following the Consultation referred to in subsection 10.10.5(c), the Government having jurisdiction over the land or matter that is the subject of the proposed amendment shall submit the draft amendment to the other Government and both shall, no later than 30 clear days from the date of submission, adopt in principle the draft amendment to the Land Use Plan.

10.10.7 Upon compliance with section 10.10.6, the Minister and t he Nun atsiavut Government shall forthwith give public notice:

  1. that they have adopted the draft amendment in principle;
  2. of the contents of the draft amendment;
  3. that objections and representations may be made with respect to the draft amendment; and
  4. setting out the time limit and method for providing objection s and representations with respect to the draft amendment.

10.10.8 The time limit referred to in subsection 10.10.7(d) shall be no less than 14 clear days from the date of first publication of the notice.

10.10.9 Within 10 clear days from the date of expiry of the time limit set out in the notice referred to in subsection 10.10.7(d), the Minister and the Nunatsiavut Government shall Consult each other concerning:

  1. any objections and representations with respect to the draft amendment that may have been received under subsection 10.10.7(c); and
  2. subject to this part, the process that will be followed for the disposition of such objections and representations.

10.10.10 Within seven clear days from the completion of the Consultation referred to in section 10.10.9:

  1. either the Minister or the Nunatsiavut Government within their respective jurisdictions may conclude that a public hearing is necessary or desirable, in which case the Government wit h jurisdiction over the land or matter which is the subject of the draft amendment shall hold a public hearing;
  2. the Minister and the Nunatsiavut Government may agree to a joint public hearing where appropriate, having regard to the subject of the draft amendment and the objections and representations that have been received with respect to it; or
  3. the Minister and the Nunatsiavut Government may agree that a public hearing can be dispensed with.

10.10.11 If a public hearing is held pursuant to subsection 10.10.10(a), the Government with jurisdiction over the land or matter which is the subject of the draft amendment shall appoint a commissioner who shall:

  1. hold public hearings at locations to be determined by the Government with jurisdiction and consider representations from any Person regarding the draft amendment;
  2. have the powers of a commissioner under the Public Inquiries Act for purposes of a public hearing under this part;
  3. not simultaneously be a member or an employee of a municipal or city council, a regional authority, the Province or an Inuit Government;
  4. within six months from the date of appointment or such shorter period as the Government with jurisdiction over the land or matter which is the subject of the draft amendment determines, submit a written report to that Government with respect to the draft amendment that meets the requirements of section 10.5.3; and
  5. provide a copy of the report submitted under subsection (d) to the other Government.

10.10.12 If a joint public hearing is held pursuant to subsection 10.10.10(b), the Nunatsiavut Government and the Minister shall jointly appoint a commissioner who shall:

  1. hold public hearings in the Labrador Inuit Settlement Area and other locations as jointly determined by the Minister and the Nunatsiavut Government and consider representations from any Person regarding the draft amendment;
  2. have the powers of a commissioner under the Public Inquiries Act for purposes of a public hearing under this part;
  3. not simultaneously be a member or an employee of a municipal or city council, a regional authority, the Province or an Inuit Government; and
  4. within six months from the date of appointment or such shorter period as the Nunatsiavut Government and the Minister may agree, submit a written report to the Minister and the Nunatsiavut Government with respect to the draft amendment that meets the requirements of section 10.5.3.

10.10.13 Following receipt of the commissioner's report referred to in subsection 10.10.11(d) or 10.10.12(d), the Government with jurisdiction over the land or matter that is the subject of the draft amendment may, in accordance with the procedures set out in the applicable Legislation or Inuit Laws, subject to this part:

  1. approve the draft amendment with or without conditions;
  2. modify the draft amendment; or
  3. reject the draft amendment,

and shall forthwith notify the other Government of the decision.

10.10.14 The Minister shall Consult the Nunatsiavut Government prior to taking any action under section 10.10.13 with respect to Water Use in Labrador Inuit Lands.

10.10.15 If, pursuant to subsection 10.10.10(c), the Minister and the Nunatsiavut Government agree that a public hearing is neither necessary nor desirable, the Land Use Plan shall be amended:

  1. with respect to the Labrador Inuit Settlement Area outside Labrador Inuit Lands and Water Use in Labrador Inuit Lands, in accordance with the procedures set out in the Urban and Rural Planning Act, 2000, subject to this part; and
  2. with respect to Labrador Inuit Lands, in accordance with Inuit Laws.

10.10.16 After complying with the relevant procedure referred to in section 10.10.15, the Government with jurisdiction over the land or matter that is the subject of the draft amendment may:

  1. approve the draft amendment with or without conditions;
  2. modify the draft amendment; or
  3. reject the draft amendment,

and shall forthwith notify the other Government of the decision.

10.10.17 The Minister shall Consult the Nunatsiavut Government prior to taking any action under section 10.10.16 with respect to Water Use in Labrador Inuit Lands.

10.10.18 If a draft amendment is approved under section 10.10.13 or 10.10.16 it shall be brought into effect in accordance with the procedures set out in part 10.7, making all necessary changes in points of detail.




Part 10.11 Appeals

10.11.1 A decision of the Nunatsiavut Government, the Minister or an Inuit Community Government regarding the implementation of the Land Use Plan may be appealed by a Person directly affected by the decision pursuant to the appeal provisions of the Urban and Rural Planning Act, 2000, and this part.

10.11.2 The Minister shall establish a board to hear appeals made under section 10.11.1 and shall appoint to the board two members from nominations provided by the Nunatsiavut Government.

10.11.3 Appeals regarding the implementation of the Land Use Plan within Labrador Inuit Lands shall be heard by a panel of three members of the Appeal Board, a majority of whom shall be members nominated by the Nunatsiavut Government.

10.11.4 For appeals regarding the implementation of the Land Use Plan in the Labrador Inuit Settlement Area outside Labrador Inuit Lands and regarding Water Use in Labrador Inuit Lands, the quorum of the Appeal Board shall include a majority of members who are residents of the Labrador Inuit Settlement Area.

10.11.5 A decision of the Appeal Board shall be final and binding, subject only to judicial review in accordance with section 10.11.6.

10.11.6 Judicial review of a decision of the Appeal Board by the Supreme Court shall be available at the motion of the appellant, the Nunatsiavut Government or the Minister.




Part 10.12 Nunatsiavut Government Jurisdiction

10.12.1 Subject to section 10.12.2, the Nunatsiavut Government may make laws in relation to:

  1. land use and the regulation of development in Labrador Inuit Lands;
  2. the acceptance, modification or rejection of the draft of the Land Use Plan referred to in section 10.5.5 as it applies to Labrador Inuit Lands;
  3. the substitution and approval of a Land Use Plan for Labrador Inuit Lands;
  4. the implementation of the Land Use Plan in Labrador Inuit Lands;
  5. the permitting of land uses in Labrador Inuit Lands which conform to the Land Use Plan;
  6. the review and amendment of the Land Use Plan as it applies to Labrador Inuit Lands; and
  7. the nomination of members of the Appeal Board.

10.12.2 The jurisdiction of the Nunatsiavut Government under section 10.12.1 does not include the jurisdiction to make laws with respect to Water Use in Labrador Inuit Lands under or in connection with the Land Use Plan. Nothing in this section derogates from the authority of the Nunatsiavut Government under part 5.4.

10.12.3 The authority of the Nunatsiavut Government to make laws in relation to the matters referred to in section 10.12.1 must be exercised in a manner consistent with this chapter and shall not amend any of the procedures set out in this chapter.

10.12.4 Subject to section 10.12.3, if there is a Conflict between an Inuit Law under section 10.12.1 and a Provincial Law, the Inuit Law prevails to the extent of the Conflict.




Part 10.13 Municipal Plans

10.13.1 Subject to section 10.13.2, Inuit Community Governments may establish and amend municipal plans in accordance with the Urban and Rural Planning Act, 2000.

10.13.2 Inuit Community Governments shall Consult the Minister and Nunatsiavut Government in the preparation and amendment of municipal plans.