ARCHIVED - Labrador Inuit Land Claims Agreement Annual Report - April 1st 2009 to March 31st 2010

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Table of Contents




Foreword

The Implementation Committee for the Labrador Inuit Land Claims Agreement (LILCA) is pleased to present its fourth annual report, covering the period from April 1, 2009 to March 31, 2010.

The Nunatsiavut Government, the Government of Newfoundland and Labrador, and the Government of Canada have prepared this report, which includes an overview of the achievements of the Implementation Committee, highlights from each of the governments and an overview of the activities of the implementation bodies between April 1, 2009 and March 31, 2010.

Representatives from the three governments have continued to work cooperatively and collaboratively through venues such as the Implementation Committee and the various implementing bodies to ensure continued success. The Implementation Committee continues to celebrate the distinct nature and unique features of the LILCA.

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Section I: Reporting on the Priorities of the Implementation Commitee

The 2009-10 period marked the fifth year of implementing the LILCA. In early 2009, the Implementation Committee agreed upon five priorities for the upcoming fiscal year. The progress made on each of these priorities is outlined below.

1. Overseeing Board Funding and Governance

The Torngat Wildlife and Plants Co-Management Board and the Torngat Joint Fisheries Board submitted their annual budgets and work plans, which were reviewed and approved by the Implementation Committee. An annual tripartite funding agreement was signed among the Nunatsiavut Government, the Government of Newfoundland and Labrador, the Government of Canada and each of the boards, based on approved budgets and work plans. Each of the board funding agreements includes one half of the budget for the Torngat Secretariat.

The executive director of the Torngat Secretariat, and the chairpersons of these two boards met with the Implementation Committee in January 2010 to provide an overview of the activities completed in 2009-10, and to present their proposed budgets and work plans for 2010-11.

One of the unique features of the LILCA is that both boards and the Torngat Secretariat (which provides the administrative support for both boards) are equally funded by the Nunatsiavut Government, the Government of Newfoundland and Labrador and the Government of Canada. Funding provided in 2009-10 is outlined below.

2009-10 Board Funding


Text description of this chart is available on a separate page.

2. Amendments to the LILCA:

a) Addition of Chapter 24: Nunavik Inuit/Labrador Inuit Overlap Chapter

In 2009-10, progress was made on finalization of amendments to the LILCA that will result in the addition of a new chapter (Chapter 24) to incorporate the overlap agreement between the Nunavik and Labrador Inuit. The Nunatsiavut Government approved the amendments in 2008-09, followed by the Lieutenant Governor in Council for the Government of Newfoundland and Labrador, and the Governor in Council for the Government of Canada in 2009-10. The approval of the Government of Newfoundland and Labrador will not come into effect until amendments to the provincial Labrador Inuit Land Claims Agreement Act are proclaimed, which is anticipated to take place in the spring of 2010.

The new chapter sets out Labrador Inuit rights in the Nunavik marine portion of the overlap area (offshore northern Quebec) and defines how the Nunavik and Labrador Inuit will share harvesting rights and the right to extract carving stone. It also provides that Labrador Inuit and Parks Canada will attempt to harmonize the Labrador Inuit Impacts and Benefits Agreement with any Nunavik Inuit Impacts and Benefits Agreement for the Torngat Mountains National Park. Finally, it defines Labrador Inuit rights and obligations respecting archaeological resources in the Nunavik marine portion of the overlap area.

The addition of the overlap chapter also requires the replacement of the map titled, "Schedule 2-A" to reflect the revised area excluded from cession and release under Part 2.11and the replacement of "Schedule 19-A: Provisional Capital Transfer Payments Schedule" with an updated schedule that will include an additional $33 million spread over the remaining anniversary payments. The Government of Canada dispersed payments under the new schedule in February 2010.

b) Technical Amendments

In 2009-10, the Implementation Committee continued to work towards finalizing a package of technical amendments to the LILCA to be brought forward to their respective governments for consideration. These technical amendments are primarily to the Appendices and the Map Atlas.

3. Monitoring and Tracking Obligations

During 2009-10, the Implementation Committee continued discussions on approaches to monitoring and tracking the fulfilment of each of the parties' obligations under the LILCA.

4. Establishment of the Dispute Resolution Board

Progress was made in 2009-10 on the appointment of members to the Dispute Resolution Board. The names of five potential candidates for members of the board were approved by the Nunatsiavut Government and the Government of Newfoundland and Labrador, and were sent to the Government of Canada for review.

5. Educating Governments on the LILCA

On November 18, 2009, director and director general level officials from the Government of Canada came together with deputy ministers from every department within the Nunatsiavut Government to celebrate the first ever "Nunatsiavut Governance Day" in Ottawa. Senior Assistant Deputy Minister of Treaties and Aboriginal Government, Indian and Northern Affairs Canada, Michel Roy, was among the participants. The purpose of the forum was to provide the Nunatsiavut Government with the opportunity to establish key contacts with senior federal officials in Ottawa, while increasing awareness of federal obligations created under the LILCA. It also increased understanding of the government-to-government relationship created through the self-government component of the LILCA.

The Department of Labrador and Aboriginal Affairs, Government of Newfoundland and Labrador, continued to provide advice and guidance to government departments respecting the implementation of provincial obligations under the LILCA. The Department of Labrador and Aboriginal Affairs provides input into provincial policy with a view to ensuring compliance with provincial obligations under the LILCA.

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Section II: Funding the LILCA

In 2009-10, the following Fiscal Financing Agreement (FFA), Net Capital Transfer, and Implementation payments were made to the Nunatsiavut Government on behalf of the Government of Canada under the LILCA and its ancillary Fiscal Financing Agreement:

GoC Payments to NG – 2009-10 Funding Cycle


Text description of this chart is available on a separate page.

Fiscal Financing Agreement Review

In March 2010, the Government of Canada and the Nunatsiavut Government successfully completed the first five-year review of the federal schedules to the Fiscal Financing Agreement for the LILCA. This discussion focused specifically on transferred federally-funded programs and services. The Government of Newfoundland and Labrador was invited as an observer to this process. Renewal preparations will commence in 2010-11.

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Section III: Highlights of 2009-10

The Atlantic Federal Caucus

The Atlantic Federal Caucus continued to play an important role in keeping Canada's representative to the Implementation Committee well informed, by exchanging information among federal departments involved in implementing the LILCA. It held regular conference calls and held its annual face-to-face meeting in March 2010 in Halifax to discuss the federal management framework and further refine the identification of the departments responsible for each of the federal LILCA obligations in support of the federal Treaty Obligation Management System.

Winter Trails

The Government of Newfoundland and Labrador worked with the Nunatsiavut Government and Inuit Community Governments to ensure winter trails are accessible within the Labrador Inuit Settlement Area (LISA). This work included regular meetings to discuss the condition of the trails. The Government of Newfoundland and Labrador also meets with local community groups who oversee the operation of the trails. In 2009-10 the Government of Newfoundland and Labrador funded a new groomer for the community of Rigolet at a cost of $304,000, and continued to provide the Labrador Transportation Grooming Subsidy of $390,000. This subsidy reflects rising operational costs such as the price of gas and insurance, as well as additional funding for re-routing trails away from water crossing and to re-cut overgrown areas.

Cultural Initiatives

Urban Multipurpose Aboriginal Youth Centres Initiative

In 2009-10, Canadian Heritage, through its Urban Multipurpose Aboriginal Youth Centre Program, provided funding of $116,662 to the Nunatsiavut Government to support activities for Inuit youth in LISA, including:

The objectives of the program were:

The program was renewed in October 2009, renamed Cultural Connections for Aboriginal Youth and expanded to include youth aged 10 to 24 years.

Aboriginal Languages Initiative

Canadian Heritage provided $129,818 to the Nunatsiavut Government in 2009-10 for the Torngâsok Cultural Centre in support of:

Dedication of Hebron Monument

On August 10, 2009 the Honourable Danny Williams, Premier of Newfoundland and Labrador, and Nunatsiavut Government President Jim Lyall traveled to Hebron to take part in the unveiling of a monument erected as a memorial to residents relocated from the northern Labrador Inuit community in 1959. This monument is a poignant reminder that what took place in Hebron 50 years ago must never be allowed to happen again. Premier Williams was joined by the Honourable Patty Pottle, Minister of Aboriginal Affairs; the Honourable John Hickey, Minister of Labrador Affairs; and the Honourable Clyde Jackman, Minister of Tourism, Culture and Recreation. Joining President Lyall were Nunatsiavut Government Minister of Culture, Recreation and Tourism, Ben Ponniuk, and several former Hebron residents.

On January 22, 2005, Premier Williams delivered a statement of apology to the Inuit of the former communities of Nutak and Hebron, closed in 1956 and 1959 respectively. The apology was issued for the manner in which the decision to close those communities was made and for the difficulties experienced by former residents and their descendents as a result of the closures. Premier Williams also committed that the Government of Newfoundland and Labrador would assist in the construction of a memorial to those who had been relocated. Honoring this commitment, in 2009-10, the Government of Newfoundland and Labrador provided $20,000 towards the completion of three bronze plaques containing the names of those relocated from Hebron along with the texts of the apology and its acceptance. The monument displays the texts of that apology in both English and Inuktitut. The Nunatsiavut Government also provided significant financial and human resources to ensure the event was possible.

Fisheries

The Department of Fisheries and Oceans' lead role in the implementation of the fisheries aspects of the LILCA is articulated in the Fisheries Chapter of the LILCA. During the fiscal year 2009-10, the Technical Working Group on fisheries operational matters (which deals with issues such as the Inuit domestic fishery), was reactivated. Discussions and liaison continued, and several meetings were held. The Comprehensive Fisheries Agreement, which guides all resource management and conservation matters within the domestic fishery, was negotiated between the Department of Fisheries and Oceans and the Nunatsiavut Government. It is anticipated the Comprehensive Fisheries Agreement will be finalized in 2010-11.

Infrastructure

The Nunatsiavut Government reached a milestone on March 29, 2010 with the opening of its new administration centre in Nain. Built at a cost of just over $9 million, the facility has more than 50 offices which will house key government personnel. Meanwhile, construction continued on a new Assembly building in Hopedale. The work is expected to be completed by the summer of 2011.

Torngat Mountains National Park of Canada

Management Plan

The first management plan for the Torngat Mountains National Park was completed during the fiscal year. The plan, which is a requirement under the Canada National Parks Act (2000), provides a strategic framework within which Parks Canada and Labrador and Nunavik Inuit make subsequent joint management planning and implementation decisions over the next five years. The plan will be reviewed every five years, to seek the views of Inuit, stakeholders and other Canadians about the future management direction of the park.

The management plan was prepared in collaboration with the Co-operative Management Board for the Torngat Mountains National Park. A relationship of mutual respect and trust allowed the board and Parks Canada to develop a shared vision for the park, and in turn, to identify mutual priorities for park management.

Torngat Mountains Base Camp

Parks Canada and the Nunatsiavut Government continued to collaborate on the base camp concept as a way to promote the Torngat Mountains National Park. This collaboration included developing new visitor experiences, and ways to promote the park. Parks Canada supported the production of a half-hour program on the park, featuring the base camp, which was aired on Oasis HD TV. The Government of Newfoundland and Labrador shot a spectacular, award-winning television ad   to promote the Torngat Mountains. This ad has resulted in a significant increase in inquiries from people who want to visit the park.

Environmental Protection, Assessment and Emergencies

Environment Canada delivered a LILCA awareness session in Dartmouth, Nova Scotia, focusing on obligations and responsibilities stemming from LILCA and its implementation. It also hosted an interactive workshop on the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations, which was attended by representatives from the Nunatsiavut Government. Related topics presented at this workshop included emergency response management and contaminated sites remediation in the event of a petroleum spill from a storage tank system.

Through the Regional Environmental Emergencies Team, Environment Canada also shares information on spill reports that may impact LISA. As well, the department has continued collaboration with the Nunatsiavut Government to assess the viability and utility of A Landscape Cumulative Effects Simulator computer model in Labrador.

Migratory Bird Management

Environment Canada continued securing research permits for banding adult and juvenile geese from the North Atlantic population at several sites with assistance from the Torngat Secretariat. Photo inventories of murre were conducted at significant breeding colonies and the birds were also banded to assess harvesting pressures, which was assisted by a registered Inuit business based out of Makkovik.

Environment Canada continued to monitor, study, and report on migratory birds' populations, in particular species that are harvested. The department is leading the development of plans for Bird Conservation Regions in Canada to include Labrador. To support the department's process for development of Bird Conservations Regions that are required to fulfill national and international migratory bird conservation commitments, a workshop was hosted by the Torngat Secretariat in Happy Valley–Goose Bay.

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Section IV: Implementing Bodies

Torngat Wildlife and Plants Co-Management Board

Caribou Satellite Telemetry

While Inuit of LISA contend that the population of caribou occurring between Okak and Nachvak (the Torngat Mountains herd) is distinct and separate from the George River herd, both herds are subject to the same management measures. Scientific knowledge of the Torngat Mountains herd complements Inuit knowledge, and the herd is believed to be discrete and decreasing. A telemetry study was deemed essential to delineate the population structure, identify important habitat, and begin to build an index of abundance. Furthermore, representatives from the Torngat Wildlife and Plants Co-Management Board and the Co-operative Management Board for Torngat Mountains National Park met in Kangiqsualujjuaq (George River) to continue discussions and collaboration between Labrador and Nunavik Inuit, who share the resource. As a result of the discussions, the Torngat Wildlife and Plants Co-Management Board contributed to the migratory caribou tracking program for the purchase of satellite telemetry collars and Argos transmission fees. Collars are currently deployed on the George River herd and some were purchased to be deployed on caribou in the range of the Torngat Mountains population. This project is now an ongoing priority for the board.

Davis Straight Polar Bear

The Torngat Wildlife and Plants Co-Management Board, in consultation with the Nunatsiavut Government, made a recommendation to the provincial minister of the Department of Environment and Conservation with respect to the total allowable harvest of polar bear in LISA. The executive director of the Secretariat attended inter-jurisdictional meetings in Montreal and subsequently the Torngat Wildlife and Plants Co-Management Board proceeded with a design for a workshop for users of the Davis Straight Polar Bear sub-population. The workshop will include representatives from northern Quebec, Nunavut and the LISA and will commence in September 2010.

Moose Management

A cost-shared revised population estimate project has been developed in cooperation with the Newfoundland and Labrador Wildlife Division. As a result of the revised estimate, traditional knowledge, and policy analysis, it is anticipated that the Torngat Wildlife and Plants Co-Management Board will forward a decision respecting moose management to the provincial Minister of Environment and Conservation for consideration in 2010-11.

Torngat Joint Fisheries Board

Snow Crab

The Torngat Joint Fisheries Board designed and implemented an exploratory crab survey in the North Atlantic Fisheries Organization Division 2GH, analyzed the legal and policy context, and facilitated a workshop with resource users and managers. Results were presented to the Department of Fisheries and Oceans at stock assessment meetings in St. John's, NL. Subsequently, a policy analysis was conducted and included an issue review of the current policy regime, an industry overview, Inuit history, consultations with the Department of Fisheries and Oceans, Torngat Fish Producers Co-operative, the Nunatsiavut Government, and the Government of Newfoundland and Labrador. The analysis provided various options for consideration by the Torngat Joint Fisheries Board. Finally, in March of 2010 the board hosted and facilitated a two-day crab workshop, which provided a valuable forum for knowledge sharing and strategic planning. The research and consultation strategy has culminated in a comprehensive recommendation that will be submitted to the minister of Fisheries and Oceans in May of 2010.

Ringed Seal

In the spring, the Torngat Joint Fisheries Board collected traditional knowledge of ringed seal from Inuit hunters during the spring hunt. In early June, a field crew was deployed in the Rigolet area in an attempt to place satellite tags on ringed seals and a second field mission occurred in September. These efforts were successful and meaningful information regarding the movements of ringed seals along the Labrador coast was obtained. This research, which was initiated to explore the feasibility of a proposed tannery in Rigolet, is a good example of the Torngat Joint Fisheries Board following through on a community initiative.

Salmonoid Documentary

Significant work was completed on a salmonoid documentary which was supported by Memorial University and the Atlantic Salmon Conservation Foundation. This project documented Inuit observations of land and sea, and the traditional uses of Atlantic salmon and Arctic char by Labrador Inuit and local fishers. Raw footage, consisting of interviews, settings, landscapes, fishing and other activity, was filmed, and a script has been drafted.

Traditional Fisheries Knowledge

Documentation of traditional knowledge enhanced the board's understanding of fisheries throughout LISA. During the 2009-10 fiscal year, staff and consultants documented a variety of traditional knowledge. Elders were interviewed, location filming was completed, and hunters and fishers were interviewed on traditional hunting and fishing grounds, as well as in their homes and during community consultations and workshops. A variety of knowledge on many species has been documented.

Co-operative Management Board for Torngat Mountains National Park of Canada

The Co-operative Management Board for the Torngat Mountains National Park of Canada conducts all of its business in a manner that is open and accessible to beneficiaries of the LILCA. Respect, patience, generosity and a willingness to share the inherent emotional, cultural and social value of the Torngat Mountains National Park are hallmarks of the relationship between the board and Parks Canada. The board appreciates the significant role played by Parks Canada in the kANGIDLUASUk Youth Program and in ensuring that elders are well represented at the base camp experience. Also during 2009-10, the board worked with Parks Canada to produce a state-of-the-park report, a scoping document, and finally, the presentation of the park management plan at the request of the federal Environment minister. The board and Parks Canada worked together in the true spirit of partnership to meet the goals of the LILCA for the benefit of all Canadians.

With the generous assistance of Makivik Corporation, in 2009-10, board members contributed to the planning of a Parks Canada funded clean up during a motor vessel excursion from Kuujjuaq in northern Quebec to Nain in Labrador. The board was also involved in providing Inuit traditional knowledge on aspects of firearms regulations and polar bear safety, as well as providing input into the direction of research and Inuit safety monitors for the park.

Regional Planning Authority

The Regional Planning Authority for LISA continued its work on the preparation of a Regional Land Use Plan. This work is being undertaken in accordance with the provisions of Chapter 10 of the LILCA. This included the preparation, translation and printing of a draft plan taking into consideration the information and data that was collected during the first and second years of operation.

The Authority held public consultation meetings on the draft plan in Nain, Hopedale, Postville, Makkovik, Rigolet, Happy Valley-Goose Bay, North West River and St. John's. It met with the minister of Aboriginal Affairs and her staff and the Nunatsiavut Government Executive Council. Members of the Authority also met with staff from a number of provincial departments and an agency to present the initial draft plan. They also met with the chair of the Torngat Wildlife and Plants Co-Management Board. As well, the Authority's planner met with staff from the Torngat Wildlife and Plants Co-Management Board, the Labrador Inuit Development Corporation and representatives from exploration and mining companies.

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Section V: Web Links Related to the Labrador Inuit Land Claims Agreement (LILCA)

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