Law:Nunavik Inuit Land Claims Agreement Act
From Law Delta
S.c. 2008, c. 2
Assented to 2008-02-14
An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act
WHEREAS the Nunavik Inuit assert aboriginal rights, title, interests and jurisdiction in and to the Nunavik Inuit Settlement Area as defined in the Agreement;
WHEREAS the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada;
WHEREAS the Nunavik Inuit, as represented by Makivik, and the Government of Canada have negotiated the Agreement;
WHEREAS the Nunavik Inuit, by a vote held from October 16 to 20, 2006, approved the Agreement;
WHEREAS the Agreement was signed on behalf of the Nunavik Inuit and Her Majesty the Queen in right of Canada on December 1, 2006;
AND WHEREAS the Agreement requires that legislation be enacted by the Parliament of Canada in order for the Agreement to be ratified;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. This Act may be cited as the Nunavik Inuit Land Claims Agreement Act.
2. The following definitions apply in this Act.
« accord »
“Agreement” means the land claims agreement between the Nunavik Inuit and Her Majesty the Queen in right of Canada signed on December 1, 2006, including any amendments made to it.
« Makivik »
“Makivik” means the corporation established by An Act respecting the Makivik Corporation, R.S.Q., c. S-18.1, and representing the Inuit of northern Quebec.
Status of Agreement
3. The Agreement is a treaty within the meaning of section 35 of the Constitution Act, 1982.
Act binding on Her Majesty
4. This Act is binding on Her Majesty in right of Canada or a province so as to give effect to the Agreement in accordance with its terms.
Agreement given effect
5. (1) The Agreement is approved, given effect and declared valid.
Rights and obligations
(2) For greater certainty, any person or body has the powers, rights, privileges and benefits conferred on the person or body by the Agreement and shall perform the duties, and is subject to the liabilities, imposed on the person or body by the Agreement.
(3) The Agreement is binding on, and may be relied on by, all persons and bodies that are not parties to it.
Inconsistency with Agreement
6. (1) In the event of an inconsistency or a conflict between the Agreement and this Act or any law referred to in section 2.11 of the Agreement, the Agreement prevails to the extent of the inconsistency or conflict.
Inconsistency with Act
(2) In the event of an inconsistency or a conflict between this Act and any other statute, this Act prevails to the extent of the inconsistency or conflict.
7. (1) For the purposes of carrying out their objectives, the Nunavik Marine Region Wildlife Board, the Nunavik Marine Region Planning Commission and the Nunavik Marine Region Impact Review Board established by the Agreement each have the capacity, rights, powers and privileges of a natural person.
Not agents of Her Majesty
(2) The Nunavik Marine Region Wildlife Board, the Nunavik Marine Region Planning Commission and the Nunavik Marine Region Impact Review Board are not agents of Her Majesty in right of Canada.
Payments out of C.R.F.
8. There shall be paid out of the Consolidated Revenue Fund any sums that are required to meet the monetary obligations of Her Majesty in right of Canada under Articles 5, 15, 16 and 23 of the Agreement.
Judicial notice of Agreement
9. (1) Judicial notice shall be taken of the Agreement.
Publication of Agreement
(2) The Agreement shall be published by the Queen’s Printer.
(3) A copy of the Agreement published by the Queen’s Printer is evidence of the Agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is deemed to be so published, unless the contrary is shown.
Notice of issues arising
10. (1) If, in any judicial or administrative proceeding, an issue arises in respect of the interpretation or validity of the Agreement or the validity or applicability of this Act, the issue shall not be decided unless the party raising the issue has served notice on the Attorney General of Canada and Makivik.
Content of notice
(2) The notice shall
(a) describe the judicial or administrative proceeding in which the issue arises;
(b) state whether the issue arises in respect of the interpretation or validity of the Agreement or the validity or applicability of this Act, or both;
(c) state the day on which the issue is to be argued;
(d) give particulars necessary to show the point to be argued; and
(e) be served at least 14 days before the day of argument, unless the court or tribunal authorizes a shorter period.
Participation in proceedings
(3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of Canada and Makivik may appear and participate in the proceeding as parties with the same rights as any other party.
(4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.
Statutory Instruments Act
11. An instrument made under the Agreement is not a statutory instrument for the purposes of the Statutory Instruments Act.
Orders and regulations
12. The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out any of the provisions of the Agreement.
Review by Makivik
12.1 (1) Within ten years after this Act receives royal assent, a review of the implementation of this Act and the Agreement may be undertaken by Makivik.
(2) Makivik may submit a report on any review undertaken under subsection (1) to the Minister referred to in sebsection 12.2(1).
Tabling of report
(3) The Minister shall cause any report submitted under subsection (2) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.
Review by Minister
12.2 (1) Within ten years after the Act receives royal assent, a comprehensive review of the implementation of this Act and the Agreement shall be undertaken by the Minister designated by the Governor in Council for the purposes of this Act.
Tabling of report
(2) The Minister shall cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.
Consequential Amendments To The Canada National Parks Act
Coming Into Force
Order in council
- 15. This Act comes into force on a day to be fixed by order of the Governor in Council.
- (Note: Act in force July 10, 2008, see Si/2008-72.)