Chapter 12: Wildlife and Plants

Part 12.1 Definitions

12.1.1 In this chapter:

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

"Commercial Plant Operation" means an undertaking which Harvests Plants in the Labrador Inuit Settlement Area for commercial purposes but excludes an undertaking that Harvests less than 5,000 board feet of trees for saw logs, construction timber or pulp wood or 10 cords of firewood per annum;

"Conservation" means the management of Wildlife, Plants and Habitat, including the management of human activities in relation to them, to foster Sustainable Utilization and maintenance of natural populations, bio-diversity and ecological processes;

"Immediate Family" means spouse, parent, brother, sister, child, grandchild, son-in-law and daughter-in-law;

"Inuit Commercial Wildlife Operation" means a Commercial Wildlife Operation owned by an Inuit Business;

"Inuit Harvest Level" means the amount of a species of Wildlife or Plants established under part 4;

"Non-Migratory Species of Wildlife" means all Wildlife, other than Caribou and Migratory Birds;

"Permanent Long-Term Resident" means an individual, other than a Beneficiary, who has resided in the Labrador Inuit Settlement Area for no less than 10 consecutive years prior to the 30th day of November, 1990 and who at all times after that date is ordinarily resident in the Labrador Inuit Settlement Area and includes his or her descendants who are ordinarily resident in the Labrador Inuit Settlement Area at all times after that date;

"Qualified Inuit Guide" means a guide licensed by the Inuit Central Government who has also satisfied the qualifications for guides established under provincial Legislation;

"Spouse" means a husband or wife under Laws of General Application or an Inuit Law, and includes an individual co-habiting as a husband or wife;

"Subsistence" means hunting, trapping and gathering Wildlife and Plants as the primary, non-commercial, means of providing food and fuel for an individual and his or her immediate household;

"Sustainable Utilization" means the use and management of Wildlife, Plants and Habitat without impairing their natural viability in order to meet the needs of the present without compromising the ability of the future generations to meet their own needs; and

"Total Allowable Harvest" means a total amount of Wildlife or Plants able to be lawfully Harvested.

Part 12.2 General

12.2.1 For purposes of this chapter, Conservation and the use of the Precautionary Approach are priorities in decision-making which relates to or directly affects Wildlife, Plants and Habitat in the Labrador Inuit Settlement Area.

Part 12.3 Inuit Domestic Harvest

12.3.1 If no Total Allowable Harvest has been established under this chapter for a species of Wildlife or Plant in the Labrador Inuit Settlement Area, the Inuit have the right to Harvest that species up to their full level of needs for food, social and ceremonial purposes and, in the case of Plants, for the purposes set out in section 12.4.12.

12.3.2 Subject to the Total Allowable Harvest for a species of Wildlife or Plant:

(a) the Inuit have the right to Harvest that species of Wildlife or Plant within the Labrador Inuit Settlement Area up to the Inuit Harvest Level; and

(b) an Inuk has the right to Harvest the share of the Inuit Harvest Level allocated to him or her by the Inuit Central Government.

12.3.3 An Inuk may use any humane method or technology to Harvest Wildlife under the terms of this chapter, on condition that it does not:

(a) contravene a Harvesting restriction on method or technology of Harvest imposed by the Inuit Central Government;

(b) contravene Laws of General Application regarding public health or public safety; or

12.3.20 An Inuk may Harvest under sections 12.3.1 and 12.3.2 without any form of license, permit, tax or fee to Harvest Wildlife or Plants, subject to Inuit Laws under subsection 12.7.1(c).

12.3.21 The Inuit Central Government may negotiate agreements with Newfoundland or Canada concerning the enforcement of Laws in respect of Wildlife and Migratory Birds.

Part 12.4 Inuit Harvest Levels

12.4.1 The Inuit Harvest Level is intended for protection of the Inuit Domestic Harvest.

12.4.2 The Inuit Harvest Level with respect to a species of Wildlife or Plant constitutes a first demand against the Total Allowable Harvest for that species, in accordance with the provisions of this chapter.

12.4.3 If a Total Allowable Harvest is established for a species of Wildlife or Plant Harvested by the Inuit in the Labrador Inuit Settlement Area, the Minister may establish an Inuit Harvest Level for that species of Wildlife or Plant in accordance with this part.

12.4.4 The Inuit Central Government shall:

(a) recommend the Inuit Harvest Level to the Minister;

(b) provide the Minister the data and information on which the recommendation is based;

(c) inform the Board about its proposed measures for the Inuit Domestic Harvest; and

(d) provide to the Board on a timely basis all information about the management measures established by it for the Inuit Domestic Harvest.

12.4.5 The Inuit Harvest Level shall be:

(a) as accurate a quantification as possible of the amount of a species of Wildlife or Plant required by the Inuit for the Inuit Domestic Harvest;

12.4.14 The recommendation by the Inuit Central Government of an Inuit Harvest Level for a species of Plant and the establishment by the Minister of an Inuit Harvest Level for a species of Plant shall also provide for Inuit needs with respect to Plants for crafts, tools, cultural artifacts and artwork for all purposes, including commercial purposes.

Allocations of Wildlife and Plants Surplus to Inuit Harvest Levels

12.4.15 Subject to this chapter, if a Total Allowable Harvest for a species of Wildlife or Plant exceeds the Inuit Harvest Level for a species of Wildlife or Plant, the remainder shall be allocated by the Minister.

12.4.16 If the Minister decides to allocate a portion of the surplus referred to in section 12.4.15 for commercial purposes, he or she shall do so in accordance with this part.

12.4.17 After Consultation with the Board and the relevant owners or operators of Commercial Wildlife Operations existing in the Labrador Inuit Settlement Area on the Effective Date, the Minister shall establish and cap the number of animals that may be taken annually at or from those Commercial Wildlife Operations.

12.4.18 If the Minister varies or rejects any advice or recommendation of the Board in relation to section 12.4.17, the Minister shall give written reasons for the decision if the Board so requests.

12.4.19 A number established under section 12.4.17 is subject to section 12.4.2 and cannot be transferred to a third party separately from a transfer of the Commercial Wildlife Operation.

12.4.20 If the number of animals available for Commercial Wildlife Operations in the Labrador Inuit Settlement Area exceeds the number established under section 12.4.17, the Minister shall allocate to the Inuit Central Government, on a priority basis, an amount or amounts of Wildlife required to support the establishment and continued operation of Inuit Commercial Wildlife Operations.

12.4.21 Any unused portion of the numbers allocated under sections 12.4.17 and 12.4.20 may be reallocated by the Minister at the Minister’s discretion.

Part 12.5 Limitations on the Inuit Domestic Harvest

12.5.1 The exercise by an individual of rights in the Inuit Domestic Harvest is subject to sections 12.5.4 through 12.5.12 and Laws of General Application respecting public health or public safety.

12.5.2 The quantity of Wildlife or Plants that may be Harvested in the Inuit Domestic Harvest shall not be restricted to an amount less than the Inuit Harvest Level, except in accordance with the provisions of this part.

12.5.3 For each species of Wildlife and Plants in the Labrador Inuit Settlement Area for which a Total Allowable Harvest is established, no Person other than:

(a) an Inuk;

(b) an individual authorized to Harvest in the place of an Inuk under sections 12.3.16 and 12.3.18; and

(c) a member of a group of aboriginal people, other than the Inuit, who Harvest that species of Wildlife or Plants in the Labrador Inuit Settlement Area for their food, social and ceremonial purposes under a treaty right may be authorized to Harvest that species of Wildlife or Plants except to the extent that the Total Allowable Harvest exceeds the aggregate of the Inuit Domestic Harvest Level and the quantity needed by those other aboriginal individuals for their food, social and ceremonial purposes.

12.5.4 If, for a species of Wildlife or Plants in the Labrador Inuit Settlement Area for which a Total Allowable Harvest is established, the Total Allowable Harvest is less than the aggregate of:

(a) the Inuit Harvest Level; and

(b) the quantity needed by members of a group of aboriginal people, other than the Inuit, who Harvest that species of Wildlife or Plants in the Labrador Inuit Settlement Area for their food, social and ceremonial purposes under a treaty right the Minister shall allocate an equitable portion of the Total Allowable Harvest for Inuit, and all Recreational Hunting, Commercial Plant Operations and Harvesting of Wildlife and Plants by Persons other than the Inuit and the aboriginal people referred to in subsection 12.5.4(b) in the Labrador Inuit Settlement Area directed at that species of Wildlife and Plants shall be first closed.

12.5.5 If, after a Total Allowable Harvest has been established for a species of Wildlife or Plants in the Labrador Inuit Settlement Area, the Minister reduces that Total Allowable Harvest for a period of time to an amount which is less than the aggregate of :

(a) the Inuit Harvest Level; and

(b) the quantity needed by members of a group of aboriginal people, other than the Inuit, who Harvest that species of Wildlife or Plants in the Labrador Inuit Settlement Area to meet their food, social and ceremonial purposes under a treaty right, the Minister may make an equitable reduction in the amount of the species of Wildlife or Plants which may be taken in the Inuit Domestic Harvest for that species of Wildlife or Plants, and all Recreational Hunting, Commercial Plant Operations and Harvesting of Wildlife and Plants in the Labrador Inuit Settlement Area by Persons other than the Inuit and the aboriginal people referred to in subsection 12.5.5(b) in the Labrador Inuit Settlement Area directed at that species of Wildlife or Plants shall first be closed for the duration of that period of time.

12.5.6 Before making an allocation referred to in section 12.5.4 or a reduction referred to in section 12.5.5, the Minister shall Consult the Inuit Central Government and shall include the Inuit Central Government in Consultations that the Minister may undertake with representatives of the other group of aboriginal people for the purpose of attempting to reach agreement on the allocations to be made to Inuit and the other aboriginal individuals.

12.5.7 The Consultation referred to in section 12.5.6 may be terminated 90 days after Consultation is initiated if, in that time, the Consultation has failed to reach agreement.

12.5.8 If emergency circumstances dictate that Consultation under section 12.5.6 is not practical, the Minister may act under section 12.5.4 or 12.5.5 before Consultation with the Inuit Central Government but shall, within 7 days, inform the Inuit Central Government and, as soon as practical thereafter:

(a) Consult the Inuit Central Government about all aspects of the emergency; and

(b) shall include the Inuit Central Government in Consultations the Minister may undertake with representatives of the other group of aboriginal people on the emergency for the purposes of attempting to reach agreement on the allocations to be made to Inuit and the other aboriginal individuals.

12.5.9 The Consultation referred to in section 12.5.8 may be terminated 30 days after Consultation is initiated if, in that time, the Consultation has failed to reach an agreement.

12.5.10 In making an allocation referred to in section 12.5.4 or a reduction referred to in section 12.5.5 and in conducting Consultations under sections 12.5.6 and 12.5.8, the Minister shall consider the provisions of any treaty under which the other aboriginal individuals are beneficiaries, alternate resources and places available to them for purposes of Harvesting.

12.5.11 Prior to the Agreement, the Parties will negotiate:

(a) whether sections 12.5.3 through 12.5.10 are necessary or should be varied in light of any overlap agreements made between the Inuit and other aboriginal peoples; and if so

(b) whether subsections 12.5.3(c), 12.5.4(b) and 12.5.5(b) and section 12.5.6 will include reference to aboriginal people, other than the Inuit, who have traditionally harvested Wildlife or Plants in the Labrador Inuit Settlement Area for food, social and ceremonial purposes and who continue to do so.

12.5.12 In circumstances referred to in sections 12.5.4 and 12.5.5, the Inuit Central Government shall, at the request of the Minister, make a portion of the Inuit Harvest Level available to Permanent Long-Term Residents eligible to receive licences to Harvest under Laws of General Application to provide them an opportunity to meet their Subsistence needs.

12.5.13 If the quantity of a species of Wildlife or Plant which may be taken in the Inuit Domestic Harvest is restricted under this part to an amount that is less than the Inuit Harvest Level in respect of that species, the Inuit Central Government shall use that lesser amount as a Conservation limit and an individual may only take the quantity of that species which is allocated to him or her by the Inuit Central Government.

12.5.14 Notwithstanding section 12.3.20, if the quantity of Wildlife or Plants that may be taken in the Inuit Domestic Harvest is restricted to an amount that is less than the Inuit Harvest Level for that species of Wildlife or Plant, an Inuk may be required to obtain a license or permit from the Inuit Central Government to participate in the Inuit Domestic Harvest for that species of Wildlife or Plant.

12.5.15 If quotas are established with respect to any species of Wildlife or Plant and those quotas are managed by means of the issuance of licenses or permits, those licenses or permits assigned to or for the Inuit shall be issued to the Inuit Central Government which may allocate and reissue the quotas under subsections 12.7.1(b) and (c).

12.5.16 Notwithstanding section 12.3.20, an Inuk shall supply to the Inuit Government any information regarding Harvesting activities or Harvesting related activities which Laws of General Application would require Non-Beneficiaries who Harvest Wildlife and Plants to supply in comparable circumstances.

Part 12.6 Emergency Kills

12.6.1 Nothing in this chapter shall be construed to prevent an individual from killing Wildlife for survival in an emergency.

12.6.2 Subject to section 12.6.3, an individual who kills Wildlife under section 12.6.1 may use that Wildlife for personal use and consumption only.

12.6.3 An individual who kills a polar bear or musk ox under circumstances referred to in section 12.6.1 shall deliver the skin to the Inuit Central Government if it is reasonable to do so.

Part 12.7 Inuit Central Government Jurisdiction

12.7.1 The Inuit Central Government may make laws in relation to the following matters:

(a) subject to section 12.3.8, the establishment of the Total Allowable Harvest for polar bears in the Labrador Inuit Settlement Area;

(b) the allocation amongst Inuit, Inuit Communities, Inuit families and Aullāsimavet of the Inuit Harvest Level and other allocations or quantities of Wildlife or Plants to which the Inuit Central Government is entitled under this chapter;

(c) the issuing of licences, permits or other authorizations to Harvest the Inuit Harvest Level and other allocations or quantities of Wildlife or Plants to which Inuit and the Inuit Central Government are entitled under this chapter and the establishment of terms and conditions applicable to those licences, permits and authorizations including the imposition of fees;

(d) the licensing by the Inuit Central Government of Inuit who act as guides in the Labrador Inuit Settlement Area, on condition that individuals licensed to be guides have also satisfied the qualifications for guides established under provincial Legislation;

(e) subject to sections 12.3.17 and 12.3.19, the transfer of rights to participate in the Inuit Domestic Harvest and shares of the Inuit Harvest Levels referred to in sections 12.3.16 and 12.3.18;

(f) the Harvesting of Plants on, and the forestation and reforestation of, Labrador Inuit Lands and the management of Inuit Harvesting of Plants in the Labrador Inuit Settlement Area outside Labrador Inuit Lands;

(g) subject to the Land Use Plan, the establishment of individual, family or group territories or areas for Harvesting of Wildlife and Plants by Inuit on Labrador Inuit Lands;

(h) the collection and publication of Inuit traditional ecological knowledge with respect to Wildlife, Plants and Habitat;

(i) programs and measures established by the Inuit Government to promote maintenance and development of Harvesting and survival skills among Inuit;

(j) the management and administration of Inuit rights related to Wildlife, Plants and Habitat under this chapter;

(k) the resolution of disputes among Inuit with respect to the Harvesting of Wildlife and Plants;

(l) except when otherwise provided in this chapter, the regulation of Harvesting of Wildlife on Labrador Inuit Lands and the management of the Inuit Domestic Harvest on lands in the Labrador Inuit Settlement Area outside Labrador Inuit Lands;

(m) subject to sections 12.3.10, 12.3.11 and 12.3.15, the management of all aspects of exchange, trade or barter of Wildlife or Plants Harvested by Inuit;

(n) the monitoring of Inuit Harvesting of Wildlife and Plants in accordance with relevant management measures;

(o) the provision of the documentation referred to in section 12.5.14 to each Inuk and assignee;

(p) the management of all aspects of commercial Harvesting of Furbearers on Labrador Inuit Lands, subject to Laws of General Application respecting seasons, quotas, humane trapping and the sale of furs; and

(q) the hiring of guides by Commercial Wildlife Operations in Labrador Inuit Lands.

12.7.2 Subject to section 12.7.3, the Inuit Central Government may make laws in relation to the following matters:

(a) the quantities of Plants which may be Harvested on Labrador Inuit Lands;

(b) access to Labrador Inuit Lands and to Wildlife and Plant resources on Labrador Inuit Lands by third parties having rights and interests referred to in sections 12.5.12, 12.10.1 and 12.12.2.

12.7.3 An Inuit Law with respect to a matter referred to in section 12.7.2 other than a matter involving Migratory Birds shall not come into effect until approved by the provincial Minister pursuant to section 12.7.4.

12.7.4 An Inuit Law with respect to a matter referred to in section 12.7.2 other than a matter involving Migratory Birds shall be submitted to the provincial Minister who shall, within 60 days, either allow or disallow the Inuit Law.

12.7.5 If the provincial Minister disallows an Inuit Law under section 12.7.4 the Minister shall give the Inuit Central Government written reasons for the decision.

12.7.6 If there is a Conflict between an Inuit Law made under section 12.7.1 or an Inuit Law made under section 12.7.2 and approved under section 12.7.4 and a Law of General Application in relation to Conservation including the Migratory Birds Convention Act, 1994 or public health or public safety including firearms Legislation, the Law of General Application prevails to the extent of the Conflict.

12.7.7 If there is a Conflict between an Inuit Law made under section 12.7.1 or an Inuit Law made under section 12.7.2 and approved under section 12.7.4 and a federal or provincial Law, other than one referred to in section 12.7.6, the Inuit Law prevails to the extent of the Conflict.

12.7.8 The Inuit Central Government may:

(a) make representations and provide advice to appropriate land use and environmental protection authorities with respect to the use, preservation and protection of Wildlife, Plants and Habitat in the Labrador Inuit Settlement Area;

(b) promote research into and produce and disseminate knowledge and information respecting Conservation and management of Wildlife and Plants;

(c) make recommendations and provide advice to the Board, the Minister and other appropriate authorities with respect to the coordination or harmonization of the management of Wildlife, Plants and Habitat on Labrador Inuit Lands and, where appropriate, in the Labrador Inuit Settlement Area outside Labrador Inuit Lands;

(d) after Consultation with the Board and with respect to matters within its authority, enter agreements to promote the coordination or harmonization of the management of Wildlife, Plants and Habitat on Labrador Inuit Lands and, where appropriate, in the Labrador Inuit Settlement Area outside Labrador Inuit Lands;

(e) provide advice to the Board and the Minister with respect to the Conservation and management of Wildlife, Plants and Habitat;

(f) make representations and provide advice to the Minister with respect to all aspects of the establishment, operation, maintenance and management of Commercial Wildlife Operations and Commercial Plant Operations in the Labrador Inuit Settlement Area outside Labrador Inuit Lands;

(g) exercise any other powers and carry out any other functions which are consistent with this chapter or that are delegated to the Inuit Central Government and accepted by it from time to time; and

(h) defend and preserve Inuit rights under this chapter and provide active support to Inuit in the exercise of their rights under this chapter.

12.7.9 Notwithstanding section 12.2.2, a Permanent Long-Term Resident who is eligible under Laws of General Application to Harvest Wildlife and Plants shall be issued a permit by the Inuit Central Government to Harvest Wildlife and Plants in certain defined locations in Labrador Inuit Lands and in accordance with Inuit Laws if:

(a) the Permanent Long-Term Resident can demonstrate to the satisfaction of the Inuit Central Government that the Permanent Long-Term Resident has traditionally Harvested and currently Harvests Wildlife and Plants in certain locations within Labrador Inuit Lands for Subsistence purposes; and

(b) it would be unreasonable for the Permanent Long-Term Resident to Harvest Wildlife and Plants in areas outside Labrador Inuit Lands.

12.7.10 A decision of the Inuit Central Government under section 12.7.9 is final and binding and not subject to appeal.

12.7.11 Notwithstanding section 12.7.10, judicial review of a decision of the Inuit Central Government under section 12.7.9 shall be available at the motion of the Permanent Long-Term Resident personally aggrieved or affected by the decision.

12.7.12 The Inuit Central Government shall provide to each individual having a right to take Wildlife or Plants in the Inuit Domestic Harvest or permitted to do so under section 12.5.12 or 12.7.9 documentation that specifies:

(a) that the individual has a right to take Wildlife or Plants in the Inuit Domestic Harvest;

(b) what species or stock the right relates to;

(c) the amount of that species or stock which may be taken; and

(d) with respect to an individual Harvesting Wildlife and Plants under section 12.7.9, the right of access and the areas within Labrador Inuit Lands to which the right relates.

12.7.13 No Person other than an Inuk shall be permitted to Harvest on Labrador Inuit Lands unless that Person is the holder of a valid permit issued by the Inuit Central Government or is a client, patron or guest of a Commercial Wildlife Operation on Labrador Inuit Lands referred to in section 12.10.1 or is a Person acting under a lease, licence or permit referred to in section 12.12.2.

Part 12.8 Torngat Wildlife and Plants Co-management Board

12.8.1 On the Effective Date, there shall be established a public body known as the Torngat Wildlife and Plants Co-management Board.

12.8.2 The Board shall consist of seven members, including a chairperson and six other members, to be appointed as follows:

(a) the chairperson of the Board shall be nominated by the members of the Board referred to in subsections 12.8.2(b), (c) and (d) and be appointed by the provincial Minister;

(b) three of the members of the Board shall be appointed by the Inuit Central Government;

(c) two of the members of the Board shall be appointed by the provincial Minister; and

(d) one member of the Board shall be appointed by Canada.

12.8.3 Where the members of the Board referred to in subsections 12.8.2(b), (c) and (d), fail to agree on the nomination of the chairperson within 60 days after the commencement of discussions, the appointment shall be made by the Chief Justice of the Supreme Court of Newfoundland, Trial Division, within 30 days after the expiration of the 60 day period.

12.8.4 For the purposes of section 12.8.3, discussions shall be deemed to have commenced when all members of the Board referred to in subsections 12.8.2(b), (c) and (d) have been first appointed and thereafter:

(a) 90 days prior to the expiration of the term of office of an incumbent chairperson;

(b) on the date of receipt by the Board of notice of the death, resignation or termination of appointment of the incumbent chairperson, whichever first occurs; or

(c) on the date of removal of the chairperson from office.

12.8.5 The chairperson may be removed from office for cause by agreement of the Parties.

12.8.6 Each member of the Board:

(a) shall be appointed to hold office during good behaviour for a term of four years, but upon the initial establishment of the Board one member appointed by the Inuit Central Government, one member appointed by Canada and one member appointed by the provincial Minister shall be appointed to hold office for a term of two years, and the remaining members, including the chairperson, shall be appointed to hold office for a term of four years;

Part 12.9 Powers and Responsibilities of the Torngat Wildlife and Plants Co-Management Board

12.9.1 Subject to the Agreement, the Board has the following powers and responsibilities with respect to the Conservation and management of Wildlife, Plants and Habitat in the Labrador Inuit Settlement Area:

(a) subject to section 12.9.4, to establish, when necessary, Total Allowable Harvests for Non-Migratory Species of Wildlife and for Plants and to modify or eliminate those Total Allowable Harvests;

(b) to recommend to the Minister, Conservation and management measures for Wildlife, Plants and Habitat in the Labrador Inuit Settlement Area, including, but not limited to, the following:

(i) Total Allowable Harvests in the Labrador Inuit Settlement Area for species of Wildlife listed in schedule 12-C;

(ii) the allocations referred to in sections 12.4.17, 12.4.20 and 12.4.21;

(iii) Harvesting restrictions in the Labrador Inuit Settlement Area;

(iv) the establishment of new Commercial Wildlife Operations and measures respecting the commercial exploitation of Wildlife, including commercial Harvesting of Furbearers and non-consumptive uses of Wildlife and Plants and the issuance of licences to Harvest Furbearers;

(v) research respecting the Conservation and management of Wildlife, Plants and Habitat;

(vi) the establishment of Protected Areas for Wildlife, Plants and Habitat in the Labrador Inuit Settlement Area and the activities that may be carried out in those areas;

(vii) the activities that may be carried out in areas of important biological productivity;

(viii) plans for forestation and reforestation and restocking or propagation of Wildlife and Plants, including endangered species;

(ix) the establishment of new Commercial Plant Operations or other non-consumptive uses of Plants and measures to manage Commercial Plant Operations in the Labrador Inuit Settlement Area;

(x) measures to permit and control the use of pesticides, chemicals or methods of biological control in connection with Plants or for purposes of pest and disease control;

(xi) measures for forest fire prevention and forest fire fighting and all related matters; and

(xii) the coordination or harmonization of the management of Wildlife, Plants and Habitat throughout the Labrador Inuit Settlement Area and, if requested by the Minister, with respect to areas outside the Labrador Inuit Settlement Area;

(c) subject to the provisions of chapter 11, to participate in Environmental Assessment processes and to recommend to the Minister and the Inuit Central Government measures to monitor impacts of Projects and Undertakings on Wildlife, Plants and Habitat;

(d) if approved by the Minister and the Inuit Central Government, to implement measures to monitor impacts of Projects and Undertakings on Wildlife, Plants and Habitat; and

(e) to recommend to the Minister and the Inuit Central Government measures for the timely collection, analysis and sharing of data and information relevant to the implementation of Inuit rights under this chapter and to the Conservation and Sustainable Utilization of Wildlife, Plants and Habitat.

12.9.2 The Board may, within its budget:

(a) provide advice to Ministers and the Inuit Central Government on matters related to the Conservation and management of Wildlife, Plants and Habitat in the Labrador Inuit Settlement Area, including, but not limited to, advice on:

(i) Mitigation measures and compensation to be required from Developers whose Development activities result in damage to or loss of Wildlife, Plants or Habitat;

(ii) education and information respecting Wildlife, Plants and Habitat and the training of Inuit for Wildlife and Plant Conservation, management and research;

(b) develop and undertake public education and promote public awareness with respect to Wildlife, Plants and Habitat in the Labrador Inuit Settlement Area;

(c) develop plans for the training and employment of Inuit in the Conservation of Wildlife, Plants and Habitat in the Labrador Inuit Settlement Area;

(d) at the request of the Minister or the Inuit Central Government, whichever has jurisdiction in the particular case, and subject to funding specifically provided by the Party making the request, develop and undertake research activities related to Wildlife, Plants and Habitat in the Labrador Inuit Settlement Area;

(e) seek the views and advice of the public on matters related to its powers and functions under this chapter in a manner that avoids duplication of similar activities by the Governments and their agencies;

(f) provide advice to the Minister regarding the integration into decision-making about Wildlife, Plants and Habitat of relevant, accessible, Inuit knowledge; and

(g) exercise any other powers and perform any other functions delegated to the Board by agreement of the Parties.

(c) the conduct of business at meetings of the Board and the establishment of special and standing committees of the Board;

(d) the carrying on of work of the Board, the management of its internal affairs and the duties of its officers and employees;

(e) procedures for making applications, representations and complaints to the Board;

(f) procedures for obtaining and taking into account public opinion; and

(g) the appointment, direction, control and remuneration of officers and employees necessary for the proper conduct of business of the Board.

12.9.4 A decision of the Board establishing a Total Allowable Harvest under subsection 12.9.1 (a) shall be communicated forthwith to the Minister and may be disallowed or varied by the Minister.

12.9.5 If the Minister disallows or varies a decision of the Board under subsection 12.9.1 (a), the Minister shall give the Board written reasons for the disallowance or variance of its decision.

12.9.6 A recommendation made by the Board under subsection 12.9.1 (b) shall be in writing.

12.9.7 The Minister shall:

(a) approve the recommendation under subsection 12.9.1 (b) and notify the Board in writing; or

(b) reject, vary or replace the recommendation and give the Board written reasons for the rejection, variance or replacement.

12.9.8 The Board shall not make public a decision under subsection 12.9.1(a) or a recommendation under subsection 12.9.1(b) until after it has been dealt with by the Minister under section 12.9.4 or 12.2.9.7, as the case may be.

12.9.9 For emergency purposes related to Conservation, public health or public safety, the Minister may make and implement any interim decision with respect to a matter over which the Board has a power or function under section 12.9.1 or 12.9.2 before having received the decision, recommendation or advice of the Board under section 12.9.1 or 12.9.2, but the Minister shall inform the Board and the other two Governments of the action within 7 days and as soon as practical thereafter seek the advice of the Board before making a final decision.

12.9.10 If the Board intends to establish a Total Allowable Harvest for a species of Wildlife or Plant under subsection 12.9.1(a) that is less than:

(a) the Inuit Harvest Level for that species of Wildlife or Plant, or

(b) the aggregate amount referred to in section 12.5.5 in respect of that species of Wildlife or Plant, the Board shall, prior to establishing the Total Allowable Harvest, Consult the Inuit Central Government.

12.9.11 If the Minister intends to allow the importation or transplantation of a species of Wildlife or Plant that is not indigenous to the Labrador Inuit Settlement Area, the Minister shall Consult the Board before making the decision and if he or she rejects or varies the recommendation or advice of the Board shall give the Board written reasons for the decision if the Board so requests.

12.9.12 Nothing in this chapter prevents the Minister or the Inuit Central Government from requesting advice on a management matter from the Board.

12.9.13 In discharging any of its duties or in exercising any of its powers under section 12.9.1 in good faith, the Board shall not be liable to any Person, for any loss or damage howsoever occurring.

Part 12.10 Commercial Harvesting of Wildlife

Existing Commercial Wildlife Operations

12.10.24 No Person may obtain a licence to Harvest Furbearers in the Labrador Inuit Settlement Area for commercial purposes unless that Person is:

(a) an Inuk;

(b) an individual resident in the Labrador Inuit Settlement Area who holds a commercial trapping licence on the Effective Date; or

(c) an individual other than an Inuk having rights to Harvest Furbearers for commercial purposes in the Labrador Inuit Settlement Area under a land claims agreement.

12.10.25 The Minister may issue a licence to an individual other than one referred to in subsection 12.10.24(a), (b) or (c), if the Board has recommended the issuance of licences in addition to those referred to in section 12.10.24.

12.10.26 Commercial trapping licences shall be issued under federal and provincial Laws and may be renewed annually but may not be assigned or transferred.

12.10.27 The marketing, transportation and exportation of furs commercially Harvested in the Labrador Inuit Settlement Area, including Labrador Inuit Lands, shall be governed by federal and provincial Laws.

12.10.28 The Harvesting of Furbearers within Labrador Inuit Lands shall be governed by Inuit Laws made under subsection 12.7.1(p).

Part 12.11 Inuit Rights to Plants

12.11.1 Except as provided in section 12.12.2, all rights to Plants on Labrador Inuit Lands are vested in the Inuit Central Government.

12.11.2 Except as provided in sections 12.11.3 and 12.12.5, the Inuit Domestic Harvest with respect to Plants shall not:

(a) be construed to grant Inuit commercial rights to Plants in the Labrador Inuit Settlement Area outside Labrador Inuit Lands;

(b) prevent a Person from cutting trees in the Labrador Inuit Settlement Area, outside Labrador Inuit Lands, in accordance with federal or provincial Laws; or

(c) entitle Inuit to any compensation for damage to or loss of Plants or Plant Harvesting opportunities in the Labrador Inuit Settlement Area outside Labrador Inuit Lands.

12.11.3 If any Legislation restricts the Harvesting of a species of Plant or stand of Plants in the Labrador Inuit Settlement Area, the Inuit Harvest Level for those Plants shall constitute a first priority right to those Plants in the Labrador Inuit Settlement Area.

Part 12.12 Commercial Harvesting of Plants

Commercial Harvesting of Plants on Labrador Inuit Lands

12.12.1 Subject to section 12.12.2, the Inuit Central Government has the exclusive authority to establish, impose and collect fees, charges, rents and royalties for Commercial Harvesting of Plants on Labrador Inuit Lands.

12.12.2 Notwithstanding section 12.7.1 and section 12.12.1, timber leases, licences or permits issued to sawmill operators located in Labrador Inuit Lands on the Effective Date and any renewals thereof shall continue in effect in accordance with their terms and Laws of General Application, but the right to receive revenues from those leases, licences or permits shall be assigned by Newfoundland to the Inuit Central Government.

Commercial Harvesting of Plants on Land outside Labrador Inuit Lands in the Labrador Inuit Settlement Area

12.12.3 Commercial Plant Operations existing in the Labrador Inuit Settlement Area outside Labrador Inuit Lands on the Effective Date shall continue to be subject to federal and provincial Laws.

12.12.4 The Minister shall Consult the Inuit Central Government before establishing any new Commercial Plant Operations in the Labrador Inuit Settlement Area outside Labrador Inuit Lands and shall, if the Inuit Central Government so requests, provide written reasons for any advice or recommendation of the Inuit Central Government that is varied or rejected.

12.12.5 The Inuit Central Government has a right of first refusal to establish a new Commercial Plant Operation in the Labrador Inuit Settlement Area, outside Labrador Inuit Lands.

12.12.6 Procedures for the exercise of the right of first refusal referred to in section 12.12.5 shall be as set out in schedule 12-E.

12.12.7 Where the Inuit Central Government does not exercise the right of first refusal under section 12.12.5, or where the right of first refusal is exercised but the Inuit Central Government fails, without just cause, to establish a new Commercial Plant Operation within 1 year of notifying the Minister of its intention to exercise the right of first refusal, the Minister may declare that the right of first refusal of the Inuit Central Government has lapsed and the opportunity may then be made available to third parties.

12.12.8 Licenses, leases or permits for the establishment of new Commercial Plant Operations in the Labrador Inuit Settlement Area outside Labrador Inuit Lands shall be issued preferentially, taking into account recommendations of the Board, to applications which will likely provide direct benefit to the economy of the Labrador Inuit Settlement Area, particularly through employment of Inuit.

12.12.9 Notwithstanding section 12.12.5, an Inuit Business has the same right as any other Person to apply to establish new Commercial Plant Operation in the Labrador Inuit Settlement Area outside Labrador Inuit Lands.

 

Part 12.13 Access

12.13.1 Subject to sections 12.13.3 through 12.13.6, and for purposes of the Inuit Domestic Harvest, all Inuit shall have the free and unrestricted right of access to all lands, Waters and Tidal Waters within the Labrador Inuit Settlement Area, outside Labrador Inuit Lands, including, but not limited to, Protected Areas, National Parks and National Parks Reserves, lands vested in municipal corporations, lands belonging to the Crown or over which Newfoundland or Canada has a power of disposal, on condition that this access does not interfere with other authorized uses or the ability of the Crown to authorize uses or dispose of Crown land.

12.13.2 The right of access referred to in section 12.13.1 includes the right to establish temporary camps and to light fires necessary for or incidental to Harvesting activities.

12.13.3 The right of access referred to in section 12.13.1 is subject to:

(a) Laws of General Application enacted for purposes of Conservation, public health or public safety; and

(b) in the case of a National Park, a National Park Reserve or a Protected Area, any agreement between Inuit affected and the management agency of the National Park, the National Park Reserve or the Protected Area.

12.13.4 The right of access referred to in section 12.13.1 shall not extend to:

(a) lands dedicated to military or national security purposes or being temporarily used by Canadian Forces for those purposes under the National Defence Act;

(b) lands owned in fee simple, other than by municipal corporations;

(c) with respect to hunting or trapping, any place within a radius of one kilometre of any building, structure, or other facility on lands under a surface lease; and

(d) with respect to Harvesting of Plants, within a cutting block or on lands actually being Harvested under a Crown lease, permit, timber license or timber cutting permit.

12.13.5 All surface leases granted within the Labrador Inuit Settlement Area after the Effective Date and all renewals of surface leases which take place subsequent to the Effective Date and all leases transferred or assigned subsequent to the Effective Date shall, where the Crown is the lessor, contain a condition to the following effect:

"This lease is subject to rights of the Inuit under their final land claims agreement to enter onto land in the Labrador Inuit Settlement Area for purposes of hunting, fishing, trapping and gathering, and the provisions of the Labrador Inuit final land claims agreement relating to such right of access shall form a part of this lease as if contained herein".

12.13.6 Subject to the provisions of any overlap agreement between Inuit and another Aboriginal people, Inuit may Harvest Wildlife and Plants in Labrador outside the Labrador Inuit Settlement Area subject to the provisions of schedule 12-F and on condition that, notwithstanding any other provision of the Agreement, this section and schedule 12-F shall not create, confer or establish or be construed as creating, conferring or establishing treaty rights within the meaning of sections 25 and 35 of the Constitution Act, 1982.

12.13.7 Prior to the Agreement, the Parties will negotiate whether arrangements will be made for Beneficiaries resident outside the Labrador Inuit Settlement Area to enjoy specific Harvesting opportunities for Migratory Birds and Fish in the Lake Melville Area, on condition that, notwithstanding any other provision of the Agreement, this section and any arrangements concluded under this section shall not create, confer or establish or be construed as creating, conferring or establishing treaty rights within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Part 12.14 Interjurisdictional Agreements

12.14.1 Any Legislation implementing an International Agreement which relates to a matter dealt with in this chapter and that applies in or affects the Labrador Inuit Settlement Area shall be interpreted and administered to treat Inuit on at least as favourable a basis as any other aboriginal peoples of Canada.

12.14.2 Any Legislation implementing a Domestic Interjurisdictional Agreement which relates to a matter dealt with in this chapter and that applies in or affects the Labrador Inuit Settlement Area shall be interpreted and administered to treat Inuit on at least as favourable a basis as any other aboriginal peoples of Canada affected by the specific Domestic Interjurisdictional Agreement.

12.14.3 Canada shall include Inuit representation, nominated by the Inuit Central Government, in discussions leading to the formulation of Canada’s positions in relation to any International Agreement or an amendment thereto relating to Inuit rights referred to in this chapter which discussions shall extend beyond those discussions generally available to non-governmental organizations.

12.14.4 Newfoundland shall seek the advice of the Inuit Central Government prior to the preparation of any Legislation which relates to the provisions in this chapter and is intended to effect the implementation of a Domestic Interjurisdictional Agreement.

12.14.5 Subject to section 12.14.1, Harvesting in the Labrador Inuit Settlement Area shall be subject to Legislation implementing those terms of an International Agreement that were in effect at the Effective Date.

12.14.6 When Canada or Newfoundland negotiates a Domestic Interjurisdictional Agreement or an amendment to a Domestic Interjurisdictional Agreement which exists on the Effective Date that might affect Wildlife, Plants or Habitat in the Labrador Inuit Settlement Area, the Inuit Central Government shall have a role in the negotiations which is commensurate with its status, function and responsibilities.

Schedule 12-A: Oath of Office of Board Members (subsection 12.8.6(c))

I, do solemnly affirm (or swear) that I will faithfully, truly, impartially and honestly and to the best of my judgement, skill and ability, execute and perform the duties required of me as a member of the Board. (So help me God.)

Schedule 12-B: Rules Governing Conflict of Interest for the Board (subsection 12.8.6(f))

This schedule will be negotiated between the Parties and be included prior to the Agreement.

Schedule 12-C: Wildlife for Which the Board May Recommend A Total Allowable Harvest (clause 12.9.1(b)(i))

2. Migratory Game Birds as defined in the Migratory Birds Convention Act, 1994.

Schedule 12-D: Inuit Right of First Refusal Regarding Existing Commercial Wildlife Operations (section 12.10.4)

1. The owner, including any future or subsequent owner, (herein "Owner") of an existing Commercial Wildlife Operation (herein "Operation") who intends to sell or transfer the Operation after the Effective Date shall notify the Inuit Central Government and Newfoundland of the intended sale or transfer and the Inuit Central Government shall have the right to purchase the Operation for Market Value in accordance with the provisions of this schedule and the Agreement.

2. For purposes of this schedule, "Market Value" means the amount which could reasonably be expected to be realized in the open market on a sale of the Operation as between a willing vendor and a willing purchaser with the benefit of the governmental consents and permits required under federal or provincial Laws for continuation of the Operation.

3. The right referred to in paragraph 1 of this schedule shall be exercisable by notice in writing from the Inuit Central Government to the Owner at any time within 45 days of receiving the notice referred to in paragraph 1 of this schedule.

4. The Owner and the Inuit Central Government shall enter into an Agreement of Purchase and Sale (herein "Agreement of Purchase and Sale"), which shall:

(d) allow the Inuit Central Government at least 30 days to raise any requisition or objection to the title of the Owner to the Operation; and

(e) contain any other terms and conditions as are deemed necessary and advisable for the sale or transfer of the Operation to the Inuit Central Government.

5. The Operation shall be sold subject to and with the benefit of the covenants, rights, easements and other matters which are for the benefit of the Operation, but otherwise free from encumbrances.

6. The Agreement of Purchase and Sale may be assigned by the Inuit Central Government to an Inuit Business.

7. If the Owner and the Inuit Central Government can not agree on the Market Value or any other matter which is necessary or advisable for completion of the Agreement of Purchase and Sale, the matter in dispute shall be determined by arbitration under chapter 21.

8. If the Market Value is determined by arbitration, the Inuit Central Government may, within 15 days of the determination, serve written notice on the Owner that it is ending its exercise of the right referred to in paragraph 1 of this schedule or is ending any contract then subsisting in connection with the purchase and sale of the Operation without any further obligation.

9. If the Inuit Central Government gives notice under paragraph 8 of this schedule or if the Agreement of Purchase and Sale is not completed by the Inuit Central Government in accordance with its terms and this schedule, the Owner may deal with or dispose of the Operation free of the rights of the Inuit Central Government, subject to paragraphs 10 and 11 of this schedule.

10. If, after an event referred to in paragraph 9 of this schedule, the Owner concludes an agreement to sell the Operation to a third party, the agreement shall be made subject to paragraph 11 of this schedule and the Owner shall give the Inuit Central Government written notice of the agreement.

11. If the Owner intends to dispose of the Operation for an amount less than the Market Value set out in the Agreement of Purchase and Sale or less than the value established by arbitration or on other terms and conditions more favourable than those offered to the Inuit Central Government, the Inuit Central Government shall have a right of preemption, exercisable on 30 days written notice, to purchase the Operation at the same price and on the same terms and conditions as the Owner is willing to sell or transfer to the third party.

Schedule 12-E: Right of First Refusal for New Commercial Wildlife Operations and New Operations for Commercial Harvesting of Plants (sections 12.10.15 and 12.12.16)

1. Any Person other than an Inuit Business who intends to establish a new Commercial Wildlife Operation or Commercial Plant Operation in the Labrador Inuit Settlement Area outside Labrador Inuit Lands shall forward a letter of intent to Newfoundland.

2. Within 30 days of receipt of a letter of intent referred to in paragraph 1 of this schedule, Newfoundland shall notify the Inuit Central Government in writing.

3. The Inuit Central Government shall have 90 days after receipt of the notice under paragraph 2 of this schedule to inform Newfoundland of its intent to exercise the right of first refusal referred to in section 10.13 or section 12.5, as the case may be.

4. Newfoundland shall, within 21 days from the receipt of written notice from the Inuit Central Government, notify the original applicant for a new Commercial Wildlife Operation or Commercial Plant Operation of the Inuit Central Government’s decision.

5. The Inuit Central Government shall have 120 days from the date it gives the notice referred to in paragraph 3 of this schedule within which to complete any required community consultations, identify an operator if the operator will not be the Inuit Central Government (hereafter "designated operator"), and to register a site specific proposal with Newfoundland.

6. Newfoundland shall have 60 days to approve the proposal referred to in paragraph 5 of this schedule, with or without conditions, or to reject the proposal.

7. If the proposal referred to in paragraph 5 of this schedule is approved, the Inuit Central Government or designated operator must make every attempt to complete the proposed development within 2 years of the notice referred to in paragraph 3 of this schedule, and if the Inuit Central Government or designated operator fails, without just cause, to establish a new Commercial Wildlife Operation or new Commercial Plant Operation, as the case may be, within that time, the Minister may declare that the right of first refusal of the Inuit Central Government has lapsed.

8. Where the Minister declares that the right of first refusal of the Inuit Central Government has lapsed, the opportunity to establish a new Commercial Wildlife Operation or new Commercial Plant Operation, as the case may be, may then be made available to the original applicant and the Inuit Central Government shall not have a further right of first refusal in relation to the application, except at the discretion of the Minister.

9. The Minister may extend any time period set out in this schedule when requested by the Inuit Central Government.

Schedule 12-F: Measures Under Federal Laws or Provincial Laws of General Application to Permit Harvesting by Inuit Residing in Labrador Outside the Labrador Inuit Settlement Area   (section 12.13.6)

1. The provisions of this schedule shall be implemented by orders or regulations made from time to time under federal or provincial Laws.

2. In this schedule:

"Communal Inuit License" means a license to Harvest Wildlife or Plants referred to in paragraph 9 of this schedule; and

"Special Inuit License" means a license to Harvest Wildlife or Plants referred to in paragraph 3 of this schedule.

3. Inuit who are Ordinarily Resident in Labrador outside the Labrador Inuit Settlement Area shall, subject to any applicable Communal Inuit License, be issued licenses to Harvest Wildlife or Plants for Subsistence purposes that they cannot otherwise acquire under the Agreement free of charge.

4. The issuance of licences under this schedule is subject to federal and provincial Laws application respecting Conservation, public health and public safety.

5. The holder of a Special Inuit License shall be permitted to take Wildlife or Plants specified in the license in any area, zone or portion of an area or zone in that part of Labrador outside the Labrador Inuit Settlement Area shown on the map in schedule 12-G which is open under federal and provincial Laws.

6. Subject to paragraphs 3, 4 and 5 of this schedule, the Minister may, after Consultation with the Board, set any other conditions and limits in Special Inuit Licenses as may, in the opinion of the Minister, be necessary to provide Subsistence Harvesting opportunities to license holders, subject to the requirements of Conservation and public health or safety.

7. Notwithstanding any other provision of this schedule, the Minister retains the jurisdiction to determine bag limits and other Harvesting limits with respect to Harvesting under this schedule.

8. Bag or other Harvesting limits for holders of Special Inuit Licenses shall, subject to the provisions of any applicable Communal Inuit License, not be less than limits for ordinary or regular licenses.

9. The Minister may, after Consultation with the Board, if the Minister deems it necessary for purposes of providing Subsistence Harvesting opportunities for Inuit or for purposes of Conservation or the better management or administration of Wildlife or Plants, issue a communal license to the Inuit Central Government to enable Inuit who are Ordinarily Resident in Labrador outside the Labrador Inuit Settlement Area to Harvest a species or stock of Wildlife or Plants and carry on related activities subject to limits and conditions set out in the communal license.

10. Without restricting the generality of paragraph 9 of this schedule, a Communal Inuit License may specify any condition respecting any of the following matters:

(a) the species and quantities of Wildlife or Plants that are permitted to be Harvested or transported;

(b) the dates, times and places where Wildlife or Plants may be Harvested or transported;

(c) the method by which the Inuit Central Government may designate individuals, vehicles or vessels that may participate in the Harvesting or transportation of Wildlife or Plants;

(d) the documents that constitute proof of designation to Harvest or transport Wildlife or Plants under the Communal Inuit License;

(e) the maximum number of individuals, vehicles or vessels that may be designated to carry on Harvesting or related activities under the Communal Inuit License;

(f) the equipment, gear and vehicles or vessels that may be used;

(g) the disposition of Wildlife or Plants Harvested under authority of the Communal Inuit License; and

(h) information to be reported with respect to Harvesting under the Communal Inuit License and the methods, places and times for the reporting of that information.

11. In the event of an inconsistency between the conditions of a Special Inuit License or a Communal Inuit License and any order or regulation, the conditions of the Special Inuit License or Communal Inuit License prevail to the extent of the inconsistency.

12. No individual carrying on Harvesting or any related activity under the authority of a Special Inuit License or a Communal Inuit License shall contravene or fail to comply with any condition of the license.

13. The holder of a Special Inuit License may designate another Inuk to use that license on condition that Inuk so designated:

(a) holds or is entitled to hold a Special Inuit License; and

(b) is in possession of the license while Harvesting.

14. No Person other than an individual designated by the Inuit Central Government may Harvest under the authority of a Communal Inuit License.

15. The Minister shall Consult the Inuit Central Government about Legislation proposed for the implementation of this schedule and about any amendment to that Legislation.

Schedule 12-G: Map Showing Areas Outside the Labrador Inuit Settlement Area Where Inuit Rights Under Schedule 12-F Apply (schedule 12-F, paragraph 5)

To be negotiated and appended prior to conclusion of the Agreement.

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