ARCHIVED - Labrador Inuit Land Claims Agreement Annual Report 2010-2011

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QS: QS-5397-040-BB-IKU-A1
Catalog: R1-28/2011
ISSN: 1925-802X

© Her Majesty the Queen in Right of Canada, represented by the Minister of Aboriginal Affairs and Northern Development, 2012


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Table of Contents


Implementation Committee Foreword

On December 1, 2010, Labrador Inuit celebrated the five-year anniversary of the establishment of the Nunatsiavut Government (NG) and the effective date of the Labrador Inuit Land Claims Agreement (LILCA).

The Implementation Committee (IC) for the LILCA is pleased to present its fifth annual report covering the period April 1, 2010 to March 31, 2011. The report includes an overview of the achievements of the IC, highlights from the NG, the Government of Canada (GoC) and the Government of Newfoundland and Labrador (GNL), and an overview of the activities of the implementing bodies.

Original signed by

___________________
Toby Andersen
Appointed by Nunatsiavut Government
Original signed by

____________________
Ruby Carter
Appointed by Government
of Newfoundland and Labrador
Original signed by

____________________
Damon Rourke
Appointed by Government of Canada

 


Section I: Reporting on the Priorities of the Implementation Committee

1) Overseeing Board Funding and Governance

In 2010-11, the Torngat Joint Fisheries Board (TJFB) and the Torngat Wildlife and Plants Co-Management Board (TWPCB) submitted their annual budgets and work plans for 2011- 12 which were reviewed and approved by the IC. An annual tripartite funding agreement was negotiated by the GoC, the GNL, the NG and each of the board chairs based on the approved budgets and work plans. It is anticipated that the agreement will be signed in early 2011-12.

For 2010-11, the three governments signed separate, but identical tripartite funding agreements for the TJFB and the TWPCB in June 2010. Overall, the parties provided a total of $1,305,684 to fund both boards and the Torngat Wildlife, Plants and Fisheries Secretariat (Secretariat). Funding for the Secretariat was divided equally and included in the funding agreements for each of the TJFB and the TWPCB. Also, funding for the TJFB, the TWPCB, and the Secretariat is shared equally among the three governments. For 2010-11, each government's one-third share of the total for each board was $217,614.

2) Amendments to the LILCA

Nunavik Inuit / Labrador Inuit Overlap

In March 2009, the NG approved amendments to the LILCA to incorporate the overlap agreement between Nunavik Inuit and Labrador Inuit which resulted in, among other amendments, the addition of a new chapter (Chapter 24: Nunavik Inuit/Labrador Inuit Overlap Area). This was followed in December 2009, by the GNL passing legislation to amend the Labrador Inuit Land Claims Agreement Act. The amendments were subsequently approved by the GoC in February 2010. The amendments did not come into effect until May 2010 when the GNL proclaimed Bill 47 which amended the provincial Labrador Inuit Land Claims Agreement Act.

Technical Amendments

In 2010-11 the IC continued to work towards finalizing a package of technical amendments to be considered for approval by the GoC, the GNL, and the NG. The technical amendments are primarily related to the Appendices and the Map Atlas of the LILCA.

3) Monitoring and Tracking Obligations

In August 2010, the IC met in Happy Valley-Goose Bay, NL to review the Activity Sheets contained in the LILCA Implementation Plan and to discuss preparations for the renewal of the Implementation Plan. The initial Implementation Plan was negotiated for a 10-year period which will end on December 1, 2015.

4) Establishment of the Dispute Resolution Board

In accordance with Part 21.3 of the LILCA, the five member Dispute Resolution Board was appointed on February 18, 2011 for a six-year term. The members were jointly appointed by consensus of the GoC, the GNL and the NG.

The IC engaged in extensive discussions on the administrative arrangements necessary to establish the board. These discussions will continue in 2011-12. Planning also began for an orientation session for the board to be held in 2011-12.

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Section II: Funding the LILCA

The GoC made the following grant payments to the NG in 2010-11 under the LILCA and its ancillary Fiscal Financing Agreement (FFA):

 
Text description of figure 1 - Funding the LILCA

The Government of Canada distributed grants to the Nunatsiavut Government in 2010-2011 through the Fiscal Financing Agreement (FFA). There were four FFA payments made on the following dates:

  • April 1, 2010 - $7,743,816
  • July 1, 2010 - $7,743,816
  • October 1, 2010 - $7,696,431.50
  • January 1, 2011 - $7,696,431.50

There were two further grant payments made to the Nunatsiavut Government from the Government of Canada on December 1, 2010:

  • Net Capital Transfer Payment - $14,104,059
  • Implementation Payment - $17,970,117

The total grant payments for 2010-2011 was $62,954,671.

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Section III: Highlights for 2010-11

Milestones

January 22, 2010 marked the fifth anniversary of the signing of the LILCA among the GoC, the GNL and the Labrador Inuit. December 1, 2010 marked the fifth anniversary of the effective date of the LILCA and the establishment of the NG.

Historic Joint Cabinet Meeting

On October 28, 2010, the Honourable Danny Williams, Premier of NL, along with his Provincial Cabinet hosted a meeting with Nunatsiavut President Jim Lyall and the NG Executive Council. This was an historic event as it was the first joint meeting between the NG Executive Council and the Provincial Cabinet. The meeting provided both governments with an important opportunity to discuss topics of mutual concern, including housing, natural resources, climate change and health care which set the stage for follow up discussions. Both governments continue to work together to further build upon their cooperative and positive relationship.

Environmental Protection Legislation

Bill 2010-07, to Provide Protection of the Environment in Labrador Inuit Lands and the Inuit Communities, and to Provide for the Environmental Assessment of Initiatives on Labrador Inuit Lands, was given assent during a sitting of the Nunatsiavut Assembly on February 2, 2011.

The legislation sets out the processes to be followed for environmental assessments, and provides for Inuit participation in environmental decision making by the NG. It will come into effect by order of the President of Nunatsiavut when required regulations have been prepared and the necessary capacity is filled within the NG Department of Lands and Natural Resources.

Aboriginal Skills Training and Strategic Investment Fund

In September 2010, the NG's Department of Education and Economic Development received a total of $579,798 from the $75 million federally-funded Aboriginal Skills Training and Strategic Investment Fund.

This funding will help provide unemployed or underemployed Aboriginal clients with institutional training directly linked to the marine industry, as well as, provide on-the-job training with private sector employers. A project training coordinator was hired in December 2009, and up to September 2010 a total of 70 clients participated in various types of training. A total of 83 per cent of the clients successfully completed their training.

New Mental Health Initiative and Health-Care Equipment

More than $258,000 in provincial funding was announced in February 2011 for a new mental health initiative and new health-care equipment for northern Labrador. Approximately $144,500 in one-time funding was allocated for a new Suicide Prevention and Intervention Program which consists of several initiatives to be implemented in Nain and Hopedale including the Applied Suicide Intervention Skills Training Program, Survivor Support Groups, and a Youth Peer Support Program. A two-day Culture as Healing Symposium will also be held in each of the five Labrador Inuit communities, and a Mental Health Intervener Train-the-Trainer Program will also be implemented along with a suicide prevention promotional campaign and the creation of a virtual warehouse for suicide prevention and intervention resources.

The GNL also provided $114,000 to support the installation and operation of a portable X-ray machine at the Nain Community Clinic. This also included funding for the purchase of a new computed radiography reader system. The X-ray machine is aiding in the testing of tuberculosis and has been operational since November 2010.

Since 2003, the GNL has invested approximately $155,000 for the purchase and operation of capital equipment at the Nain Community Clinic, and almost $1.1 million in construction and repairs including the replacement of siding and windows; the development of a modular office building; and, the building of mini-homes for social workers and staff. Recent investments also include funding for the replacement of a snowmobile and snow blower at the Nain Community Clinic.

Health and Community Services

The GNL is dedicated to providing programs and services that meet the needs of Aboriginal communities in Labrador. In 2010-11 the Department of Health and Community Services invested $430,000 in operational funding for the Transition House Program in Nain and Rigolet, enhancing the program that offers safe refuge to women and children escaping violence.

Women's Policy Office

In the fiscal year 2010-11, the GNL contributed $125,000 to Aboriginal women in Labrador to develop and deliver a series of capacity-building workshops in the five Inuit communities. These workshops supported the participation of Inuit women in governance and decisionmaking, and in accessing available social and economic benefits.

Land Use Plan

Funded jointly by the GNL and the NG, the Regional Planning Authority (RPA) for the Labrador Inuit Settlement Area (LISA) continued to prepare a draft Regional Land Use Plan for the LISA. The draft plan is being prepared in accordance with the provisions of Chapter 10 of the LILCA.

The RPA considered the comments received on the draft plan that had been provided at consultation meetings and submissions at the end of the last fiscal year. A revised version of the draft plan was submitted to both governments for comment in August 2010. The GNL and the NG provided comprehensive feedback on the draft plan to the RPA in the fall of 2010. The RPA met and considered the comments by the two governments and work commenced on revising the draft plan for submission to both governments for adoption in principle. Adoption in principle does not signify that the GNL and the NG agree with the draft plan, but rather signifies the draft plan may proceed to the public hearings stage.

The RPA also commenced the process of finding a commissioner to conduct the public hearings on the draft plan which are anticipated to start in 2011-12.

Fiscal Financing Agreement

Internal GoC discussions and approvals have commenced to prepare for the renewal of the NG Fiscal Financing Agreement. Negotiations with the NG are expected to start during the 2011-12 fiscal year.

Treaty Obligation Monitoring System

The GoC used the Treaty Obligation Monitoring System (TOMS) to provide quarterly reporting to the Auditor General of Canada on the status of implementing the LILCA. TOMS monitors the status of every GoC obligation in the LILCA. Aboriginal Affairs and Northern Development Canada consulted with other federal departments through the Atlantic Regional Federal Caucus to obtain input and ensure the accuracy of the data.

Fisheries and Oceans

Officials from Fisheries and Oceans Canada (DFO) and the NG met regularly in 2010-11 to engage in senior level discussions on approaches for effective implementation. DFO engaged in ongoing liaisons with the NG and continued the important role it has played to date on the Technical Working Group for Fisheries Matters.

Torngat Mountains National Park of Canada (TMNP)

Management Plan

The first Management Plan for the TMNP was tabled in Parliament in May 2010 and provides a blueprint for management activities for the park for a five-year period. Parks Canada (PC) with support from the Cooperative Management Board (CMB) for the TMNP, began work on implementing the priorities identified in the Management Plan.

Kangiqsualujjuaq Office

PC established a TMNP office in Kangiqsualujjuaq, QC and hired a Nunavik beneficiary. The Nunavik office will support TMNP operations, community involvement and PC commitments in the Nunavik Inuit Park Impacts and Benefits Agreement for the Torngat Mountains National Park.

Public Forum

PC held a public forum in Happy Valley-Goose Bay, NL in January 2011 to report to the public on the progress of establishing and managing the park during the first five years. The public forum was well attended and generated considerable support. Convening a public forum in Labrador every five years is a commitment in the land transfer agreement between PC and the GNL.

Stewardship Mission

PC completed an inventory of historical debris, garbage and potential contaminated sites in the park and began remediation of these areas. During July and August 2010, PC consolidated all the debris and stockpiled it in strategic locations along the coast for pick up by Cruise North. Almost 14 tonnes of garbage and debris were removed from the park, the base camp and Hebron for appropriate disposal in the south. This stewardship mission also included the assistance of the CMB for the TMNP.

Environmental Protection, Assessment and Emergencies

In 2011, the Environment Canada (EC)-Atlantic Regional Office continued to place a priority on raising departmental awareness of the LILCA. Building on three previous workshops, EC delivered a LILCA awareness workshop to staff in Sackville, NB. The session focused on EC responsibilities stemming from the LILCA and included presentations by the NG, the Secretariat, EC and other federal departments.

EC continues to collaborate with the NG to assess the viability and utility of A Landscape Cumulative Effects Simulator computer model in Labrador, with a follow up workshop planned for 2011-12. Through the Regional Environmental Emergencies Team, information is shared by EC with the NG on spill reports that may impact the LISA. EC also provided advice to the NG on waste handling operations and whether a Disposal at Sea permit would be required for the base camp operations of the TMNP.

Migratory Bird Management

EC continues to work cooperatively with the NG on the management of migratory birds. With the assistance of an NG Conservation Officer, Eastern Waterfowl surveys were undertaken in Labrador where all waterfowl including geese and some shorebirds were recorded. The purpose of the surveys are to collect data to monitor, study and report on migratory birds' populations, in particular species that are harvested or are Species at Risk, such as Black Ducks and Eiders. EC also worked with the Secretariat on conducting a combination of aerial surveys (in Lake Melville, Groswater Bay and on the North Coast) and ground surveys (within the areas set out in Schedule 12-E of the LILCA) to assess gull and tern colonies and provide information on nesting and productivity.

With the assistance of a Labrador Inuit business that provided transportation, accommodation and local knowledge, EC undertook ground surveys to obtain breeding estimates of colonial seabirds in Groswater Bay as well as banding of Murres, Razor Bills and Gulls. EC acquired research and land access permits from the NG for research activities. Final reports were provided to the NG in both English and Inuktitut.

In response to EC's invitation, the NG has agreed to participate on the Atlantic Migratory Game Bird Technical Committee. EC also began working with the NG on a communication strategy that will facilitate early messaging to Beneficiaries of the LILCA on the expiry of treaty rights to harvest migratory birds in 2014 in the areas set out in Schedule 12-E.

Polar Bear Management

The GNL, the TWPCB and the NG determined that the harvest of the Davis Strait polar bear subpopulation was disproportionably allocated across the three jurisdictions of QC, Nunavut and NL, and did not meet Inuit needs. At the time, there was no formal mechanism for the joint management of polar bear subpopulations.

To address this issue, representatives of all concerned Provinces, Territories, Wildlife Management Boards and other concerned organizations (hereafter known as the 'Inter- Jurisdictional Davis Strait Committee'), met in Montreal on February 4, 2010. Additionally, a two-and-a-half day user-to-user workshop was held in Kuujjuaq, QC from September 13-16, 2010.

In response to the decision by the TWPCB to increase the Total Allowable Harvest (TAH) from six to 12 polar bears, the GNL adopted a flexible harvest quota system and issued a total of 11 licences for the 2011 hunting season. The NG also requested an increase in the TAH from six to 12 bears. The GNL continues to work with the TWPCB, the NG, and other members of the Inter-Jurisdictional Davis Strait Committee to address the allocation of the Davis Strait polar bear harvest among jurisdictions.

Moose Management

The GNL worked with the TWPCB and the NG to create new moose management areas within the LISA. The establishment of boundary lines and harvest quotas for the new moose management areas took place during meetings in 2010-11 with changes to be incorporated into the hunting regulations for the 2011-12 season.

Caribou Management

The GNL worked with the NG to issue and distribute Special Inuit Licenses for George River caribou for the 2010-11 season. These licenses were issued in the areas set out in Schedule 12-E which are outside the LISA where Inuit may harvest in accordance with sections 12.13.10 and 12.13.13 of the LILCA.

At the request of the NG, biologists from the Department of Environment and Conservation participated in Inuit community consultations between November 14-22, 2010 to discuss harvest management of the George River Caribou Herd within the LISA.

Canada-Newfoundland and Labrador Offshore Petroleum Board

In September 2010, the NG was notified of the issuance of a call for nominations for the NL Offshore Area. A call for nominations provides interested parties with the opportunity to nominate areas of interest to be included in a subsequent call for bids.

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Section IV: Implementing Bodies

Torngat Wildlife and Plants Co-Management Board

Torngat Mountains Caribou

The Torngat Mountains Caribou Herd is a discrete, sedentary herd north of Nain and west of Ungava Bay in the Torngat Mountains. The TWPCB has partnered with the Provincial Wildlife Division of the Department of Environment and Conservation, the Hunting, Fishing and Trapping Coordinating Committee, the Hunting and Trapping Association in Kangiqsualujjuaq, and the CMB for the TMNP to gather information on the state of the herd and assess management options. Ten satellite telemetry collars have been deployed amongst the herd with 15 additional collars scheduled for future deployment. Information for this study is being used to assess the status of the herd and to inform management decisions and collaborative policy analysis.

George River Caribou Herd

The TWPCB partnered with the Provincial Wildlife Division, Caribou Ungava, the NG, and the Ministère des Ressources naturelles et de la Faune to study the cause or causes of the declining George River Caribou Herd (GRCH). The TWPCB has also partnered with the NG and the Provincial Wildlife Division to consult with communities in the LISA and facilitate inter-jurisdictional harvest and management planning. The TWPCB submitted a series of immediate and intermediate recommendations on management measures to the Minister of Environment and Conservation on October 18, 2010.

The TWPCB and the NG partnered with representatives of the GNL and the Government of QC to complete the photo census of the GRCH in July 2010. A member of the Secretariat participated as a crew member during the survey.

The Davis Strait Polar Bear

The TWPCB initiated collaboration between polar bear hunters and managers in Nunavik, Nunavut, and the LISA, who collectively convened a user-to-user workshop held in Kuujjuaq in September 2010. The Davis Strait Polar Bear subpopulation is shared by all three jurisdictions, but this was the first opportunity for users to meet and discuss harvest and management strategies and allocations. The workshop provided users an opportunity to assess scientific and Inuit knowledge of the subpopulation. There was support from user groups at the meeting for a quota increase in the LISA. The process culminated in a policy decision submitted to the Minister of Environment and Conservation on December 21, 2010.

Torngat Joint Fisheries Board

Snow Crab

A methodology for a two-year exploratory snow crab survey was designed in the Spring of 2009, and implemented in July and August 2009. Year one results were analyzed, and informed the second, more targeted, exploratory survey during July-August 2010. The survey results were complemented with social, economic, and policy analysis and were presented at a multi-stakeholder workshop in Makkovik on February 2-3, 2011. The 2011 workshop, convened and hosted by the TJFB linked fishers with processors and managers to share and interpret knowledge, and co-develop harvesting and management strategies. The process culminated in a series of policy recommendations that are scheduled to be submitted to the Minister of Fisheries and Oceans in April of 2011.

Ringed Seal

Ringed Seal are a priority species for the residents of the LISA. In 2009, a multi-year project was designed to develop a better understanding of movements and seasonal habitat associations of Ringed Seals in Lake Melville. In 2010, the TJFB undertook three field efforts to deploy satellite telemetry tags. The field efforts were successful and information is being analyzed and shared with resource-users. The project is moving into its final year which will focus on analysis and implications for conservation and management.

Cooperative Management Board (CMB) for Torngat Mountains National Park (TMNP)

Special Management Areas

In August 2010, the CMB confirmed with PC that of the three special management areas identified in the new management plan, PC should begin with Sallikuluk by developing for the CMB's review and input, proposed guidelines for visitors that would protect cultural resources and tell the story of the land.

Participation in Public Forum

PC is in the process of developing a national park in the Upper Lake Melville area and the co-management model for the TMNP served as an example to review.

The CMB, along with PC, also hosted an open house in Kuujjuaq, QC to share with residents information about the CMB, its members and its work with PC.

Appointments to the CMB

In February 2011, two new board members replaced those whose terms had ended. Anthony Ittoshat was appointed by Makivik Corporation and Jenny Merkuratsuk was appointed by PC. James Igloliorte was re-appointed as Chair of the CMB.

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Section V: Web links Related to the LILCA

Name of DocumentWeb Address
LILCA Labrador Inuit Land Claims Agreement
LILCA Implementation Plan Intergovernmental and Aboriginal Affairs Secretariat
Aboriginal Affairs and Northern Development Canada Backgrounder on LILCA Aboriginal Affairs and Northern Development Canada
Nunatsiavut Government Fiscal Financing Agreement Nunatsiavut Government Fiscal Financing Agreement
Nunatsiavut Government Homepage Nunatsiavut Government Homepage
Annual Reports for the Government of Newfoundland and Labrador, Intergovernmental and Aboriginal Affairs Secretariat Intergovernmental and Aboriginal Affairs Secretariat - Newfoundland and Labrador
Torngat Secretariat, Torngat Joint Fisheries Board and Torngat Wildlife and Plants Co-Management Board Torngat Wildlife Plant & Fisheries Secretariat
Regional Planning Authority Labrador Inuit Settlement Area - Regional Planning Authority
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