Chapter 3: Land and Non-Renewable Resources
Part 3.1 Definitions
3.1.1 In this chapter:
"Applicant" means a Person who has submitted a Work Plan to the Inuit Central Government and Newfoundland under subsection 3.10.13(b);
"Expropriate" or "Expropriation" means the compulsory taking of land or any interest in land in accordance with federal or provincial Legislation;
"Expropriation Authority" means an authority authorized by a Law of General Application to expropriate land or an interest in land;
"Nuclear Substance" means uranium, thorium, plutonium, neptunium, deuterium, their respective derivatives and compounds, and any other substances that the Atomic Energy Control Board or the Canadian Nuclear Safety Commission may by regulation designate as being capable of releasing atomic energy or as being requisite for the production, use or application of atomic energy under the Atomic Energy Control Act, or the Nuclear Safety and Control Act;
"Standards" means the standards that are established by agreement between the Inuit Central Government and Newfoundland in accordance with section 3.10.6 or established by an Arbitration Panel under section 3.10.9;
"Work Plan" means a plan referred to in section 3.10.16 that must be submitted to the Inuit Central Government and Newfoundland under subsection 3.10.13(b);
Part 3.2 Labrador Inuit Settlement Area
3.2.1 The Labrador Inuit Settlement Area will be identified and selected in the manner referred to in chapter 4 and will be shown on the map to be attached to this Agreement-in-Principle as schedule 3-A.
Disposition of Crown Land in the Labrador Inuit Settlement Area
3.2.2 Newfoundland shall provide to the Inuit Central Government on an ongoing basis information respecting the alienation or other disposition of provincial Crown land in the Labrador Inuit Settlement Area.
3.2.3 Canada shall provide to the Inuit Central Government on an ongoing basis information respecting the alienation or other disposition of federal Crown land in the Labrador Inuit Settlement Area.
Part 3.3 Labrador Inuit Lands
3.3.1 Labrador Inuit Lands will be identified and selected in the manner referred to in chapter 4.
3.3.2 Labrador Inuit Lands will be areas within the Labrador Inuit Settlement Area comprising 6,100 square miles, more or less, and will be described and shown in schedule 3-B.
Specified Material Lands
3.3.3 Labrador Inuit Lands will include 1,525 square miles, more or less, of lands in areas to be shown on the maps to be attached as schedule 3-C to this Agreement-in-Principle in which the Inuit estate referred to in section 3.4.1 includes Specified Materials.
3.3.4 Newfoundland shall guarantee the title of the Inuit in Labrador Inuit Lands.
Part 3.4 Vesting and General Attributes of Inuit Title
3.4.1 The Inuit own in fee simple 6,100 square miles, more or less, of land to be identified in schedule 3-B, excluding Subsurface Resources but including ownership of an undivided 25% joint interest with Newfoundland in Subsurface Resources in Labrador Inuit Lands which entitles the Inuit to the rights set out in the Agreement including the right to receive Revenue in accordance with part 7.3.
3.4.2 For purposes of sections 3.4.1 and 3.4.8 "fee simple" is the equivalent of title in fee simple absolute, being the largest estate known in Law, without any proviso, restriction, exception or reservation under any Law, except as set out in the Agreement.
3.4.3 The estate of the Inuit referred to in section 3.4.1 extends to:
(a) the sea bed in Water Lots to be identified in schedule 3-D, but does not include ownership of the Tidal Water column; and
(b) lands covered by Water that are within Labrador Inuit Lands, but does not include ownership of the Water column.
3.4.4 Unless otherwise expressly provided in descriptions of Labrador Inuit Lands identified in schedule 3-B, the estate of the Inuit referred to in section 3.4.1 includes lands covered by Water to the middle of any Water course or body of Water that is expressed to be a boundary of Labrador Inuit Lands.
3.4.5 The estate of the Inuit referred to in section 3.4.1:
(a) is under the administration, control and management of the Inuit Central Government; and
(b) may be disposed of by the Inuit Central Government, subject to section 3.4.6 and the Labrador Inuit Constitution.
3.4.6 The entire estate of the Inuit in Labrador Inuit Lands shall not be disposed of to any Person other than Canada or Newfoundland.
3.4.7 If the Inuit Central Government disposes of the entire Inuit estate in a parcel of Labrador Inuit Lands to Canada or Newfoundland, that parcel of land ceases to be Labrador Inuit Lands for all purposes.
3.4.8 For greater certainty, section 3.4.6 shall not be construed as preventing the grant of an interest or estate less than fee simple title in or to Labrador Inuit Lands.
Prescription
3.4.9 No Person may acquire by prescription, the doctrine of lost modern grant, adverse possession or limitation of action, or by operation of Legislation with respect to prescription, adverse possession or limitation of action, any estate or interest in Labrador Inuit Lands.
Seizure of Labrador Inuit Lands
3.4.10 The interest of the Inuit Central Government in Labrador Inuit Lands is not subject to attachment, charge (except for liens by Canada or Newfoundland), seizure, distress, execution or sale, except where the interest has been disposed of under an Inuit Law.
3.4.11 The following provincial Laws do not apply to Labrador Inuit Lands:
(a) parts I, II and IV of the Lands Act;
(b) parts I, III and IV of the Crown Lands Act;
(c) the Undeveloped Minerals Act;
(d) section 34 of the Mineral Act; and
(e) section 23 of the Petroleum and Natural Gas Act.
3.4.12 No mineral holding impost shall be applied by the Province to the interests held by the Inuit Central Government in Labrador Inuit Lands under section 3.4.1.
3.4.13 The Mineral Act and the Quarry Materials Act do not apply to Specified Materials in Specified Material Lands.
Part 3.5 Boundaries, Surveys and Descriptions
3.5.1 If, after the Effective Date, surveys of Labrador Inuit Lands are required by the Parties to describe the location of boundaries of Labrador Inuit Lands, the required surveys, including any associated maps or descriptions of Labrador Inuit Lands, shall be of no legal effect until approved by the Parties by amendment to the Agreement.
3.5.2 If there is a Dispute concerning the location of the boundaries of Labrador Inuit Lands, the boundaries, or part of the boundaries, of Labrador Inuit Lands shall be surveyed if at least two of the Parties agree that a survey is required and, subject to section 3.5.6, the costs of the survey shall be paid by those Parties. The survey shall be of no legal effect until approved by the Parties by amendment to the Agreement.
3.5.3 Nothing in section 3.5.1, 3.5.2 or 3.5.6 prevents a Party from surveying Labrador Inuit Lands at its own discretion and at its own cost. The results of the surveys, including any associated maps or other descriptions of Labrador Inuit Lands, shall be of no legal effect until approved by the Parties by amendment to the Agreement.
3.5.4 If a third party holds a Surface Interest or freehold title in land bounded by Labrador Inuit Lands and there is a Dispute concerning the boundary or area of the third party’s land, Newfoundland shall ensure the land is surveyed in accordance with provincial Laws and the terms and conditions of the third party surface interest.
3.5.5 If there is a Dispute among the Parties respecting the costs, necessity or accuracy of a survey under this part or the location of boundaries of Labrador Inuit Lands, the Dispute shall be resolved under chapter 21.
3.5.6 The Inuit shall incur no financial obligations for surveys of Labrador Inuit Lands under sections 3.5.1, 3.5.2 and 3.5.4.
3.5.7 Neither Newfoundland nor Canada is responsible for the costs of surveys associated with the sale, conveyance, transfer, mortgage or disposal of Labrador Inuit Lands by the Inuit Central Government or pursuant to an Inuit Law made under section 3.8.1.
3.5.8 Except with respect to Water Lots identified in schedule 3-D, unless otherwise provided in descriptions of Labrador Inuit Lands identified in schedule 3-B, Labrador Inuit Lands which are described as bounded by Tidal Waters extend to the ordinary high water mark.
3.5.9 Subject to section 3.5.6, surveys which are required under this part, other than those referred to in section 3.5.4 which are the responsibility of a third party, shall be contracted by the Inuit Central Government, on condition that:
(a) the Inuit Central Government shall establish a competitive bidding process for the awarding of those contracts; and
(b) any surveys shall be carried out according to recognized provincial surveying standards.
Part 3.6 Carving Stone
3.6.1 No Person other than the holder of a Carving Stone permit issued by the Inuit Central Government may extract, use or dispose of Carving Stone from Labrador Inuit Lands.
3.6.2 The holder of a Carving Stone permit issued by the Inuit Central Government may not extract, use or dispose of Carving Stone extracted under the permit for any purpose other than carving.
3.6.3 The holder of a Subsurface Interest in Labrador Inuit Lands, whether that interest was acquired before or after the Effective Date, holds the Subsurface Interest subject to the rights of the Inuit in Carving Stone under section 3.4.1 and subject to this part.
3.6.4 If the Inuit Central Government intends to issue a Carving Stone permit in Labrador Inuit Lands in a place where another Person already holds a Subsurface Interest issued by Newfoundland, the Inuit Central Government shall Consult Newfoundland with a view to establishing terms and conditions for the Inuit Central Government Carving Stone permit that allow the extraction of Carving Stone to proceed while respecting the rights of the Subsurface Interest holder.
3.6.5 If there is a Dispute between the holder of a Carving Stone permit issued by the Inuit Central Government and the holder of a Subsurface Interest issued by Newfoundland, the Dispute shall be resolved under chapter 21.
3.6.6 Subject to section 3.6.7, an Inuk has the right to extract up to 50 cubic metres per year of Carving Stone from Crown land in the Labrador Inuit Settlement Area, outside Labrador Inuit Lands, where the extraction of the Carving Stone does not interfere with the authorized use of land and resources by holders of Surface Interests and Subsurface Interests.
3.6.7 Where Inuit extract more than 50 cubic metres of Carving Stone from any one site under section 3.6.6 in a year, a quarry permit or lease must be obtained by the Inuit Central Government under provincial Legislation and the Inuit Central Government shall be required to pay applicable fees under the quarry permit or lease.
3.6.8 Subject to section 3.6.7, Inuit shall not be required to pay any fee, or Tax on Carving Stone to which Inuit have a right under section 3.6.6.
3.6.9 Sections 3.6.6 and 3.6.7 do not apply within a National Park or a National Park Reserve. Within a National Park or National Park Reserve, Inuit alone have the right to extract Carving Stone, subject to the terms and conditions of a Park Impacts and Benefits Agreement. Carving Stone may only be extracted for the carving purposes of the Inuit.
Part 3.7 Specified Materials
3.7.1 The Inuit Central Government may quarry or permit any Person to quarry a Specified Material in Specified Material Lands without payment to Newfoundland of any fee or Tax.
3.7.2 No Person may quarry a Specified Material in Specified Material Lands without a Specified Material permit issued by the Inuit Central Government.
3.7.3 Except as provided in sections 3.7.1 and 3.7.2, the Inuit Central Government and a Person permitted to quarry a Specified Material by the Inuit Central Government shall carry out all quarrying of Specified Material in Specified Material Lands in accordance with the Agreement.
3.7.4 A Person quarrying under a Specified Material permit referred to in section 3.7.1, including the Inuit Central Government, and a Person exercising a right pursuant to a Subsurface Interest issued by Newfoundland, shall exercise their respective rights so far as practicable in such a manner that their respective rights do not conflict.
3.7.5 If there is a Dispute between the Persons referred to in section 3.7.4 arising out of the exercise of their respective rights, the Dispute shall be resolved under chapter 21.
3.7.6 On a reference under section 3.7.5, an Arbitration Panel shall make an award specifying the terms and conditions of exercising either the right to the Specified Material or the Subsurface Resource, or both, so as to reduce the conflict as far as practicable and, to the extent that a conflict with the exercise of the right to a Specified Material cannot be avoided, the Arbitration Panel shall give priority to the rights of the holder of the Subsurface Interest subject to payment of compensation to the Inuit Central Government or the holder of the Specified Material permit issued by the Inuit Central Government.
3.7.7 Compensation awarded under section 3.7.6 shall be limited to:
(a) re-imbursement of any fees or costs associated with obtaining a Specified Material permit from the Inuit Central Government;
(b) exploration expenses incurred for the purpose of defining the Specified Material;
(c) the value of Specified Material that would be partially or completely destroyed or that would otherwise not be available to the Inuit Central Government or Person claiming under the Inuit Central Government as a result of the priority given to the rights of the holder of the Subsurface Interest;
(d) re-imbursement of additional costs or losses that are reasonably foreseeable as a direct consequence of the priority given to the rights of the holder of the Subsurface Interest; and
(e) in circumstances where compensation is awarded to the holder of a Specified Material permit under subsection 3.7.7(c), the difference between the charges, rent or royalties that would have been received by the Inuit Central Government from the holder of the Specified Material permit under an Inuit Law made under subsection 3.8.1(c) and Revenues received by the Inuit Central Government in respect of the Subsurface Resource under part 7.3, if the royalties which would have been paid to the Inuit Central Government in respect of the Specified Material exceed the amount of Revenue shared under part 7.3.
3.7.8 For purposes of subsection 3.7.7(c), the value of Specified Material is the market price of the Specified Material less all costs of exploration, production and marketing calculated using generally accepted accounting principles.
3.7.9 An Arbitration Decision under section 3.7.6, including an award of compensation, may be reviewed and varied by an Arbitration Panel upon application by a Person directly affected by the Arbitration Decision where there has been a material change since the decision was made.
3.7.10 Subject to an Arbitration Decision under sections 3.7.6 and 3.7.9, a Person exercising a right under a Subsurface Interest in Specified Material Lands may take, use, damage, or destroy any Specified Material incidental to the exercise of that right.
Part 3.8 Inuit Central Government Powers and Authorities in Relation to Labrador Inuit Lands
3.8.1 Subject to the Agreement, the Inuit Central Government may make laws in relation to the following matters:
(a) the administration, control and management of the Inuit estate in Labrador Inuit Lands referred to in sections 3.4.1, 3.4.2 and 3.4.3, and the sale, conveyance, transfer, mortgage and disposal of Labrador Inuit Lands;
(b) the granting of rights and interests, including the right to Explore, in relation to Carving Stone and Geothermal Resources in Labrador Inuit Lands and the establishment, levying, collection and administration of fees, charges, rents and royalties in relation to Carving Stone and Geothermal Resources;
(c) the granting of rights and interests, including the right to Explore in relation to Specified Materials in Specified Material Lands and the establishment, levying, collection and administration of fees, charges, rents, or royalties in relation to Specified Materials in Specified Material Lands to implement the rights and powers of the Inuit Central Government set out in parts 3.4 and 3.7;
(d) giving effect to the Standards;
(e) Aullāsimavet in Labrador Inuit Lands;
(f) subject to sections 3.9.6 and 3.10.11 and part 3.14, access to or use of Labrador Inuit Lands and the imposition of fees, charges, rents or royalties in respect of access to Labrador Inuit Lands and surface resources in Labrador Inuit Lands.
3.8.2 If there is a Conflict between an Inuit Law made under section 3.8.1 and a federal or provincial Law, the Inuit Law prevails to the extent of the Conflict.
3.8.3 Notwithstanding section 3.10.1, the Inuit Central Government and Newfoundland may enter into agreements for the administration of Subsurface Resources in Labrador Inuit Lands and Specified Materials in Specified Material Lands, but those agreements shall not be treaties or land claims agreements within the meaning of sections 25 and 35 of the Constitution Act, 1982.
Part 3.9 Existing Surface Interests in Labrador Inuit Lands
3.9.1 Surface Interests issued by Newfoundland within Labrador Inuit Lands in existence on the Effective Date shall continue in accordance with their terms and conditions.
3.9.2 Newfoundland shall assign its rights and obligations under Surface Interests referred to in section 3.9.1 to the Inuit Central Government.
Renewals or Extensions
3.9.3 For greater certainty, upon the expiration of a Surface Interest referred to in section 3.9.1, if the holder of the interest chooses not to renew or extend the interest, the interest vests fully in the Inuit as Labrador Inuit Lands.
3.9.4 If the holder of a Surface Interest referred to in section 3.9.1 chooses to renew or extend the interest prior to the expiration of the interest, the holder shall make application to the Inuit Central Government to renew or extend the interest.
3.9.5 The Inuit Central Government shall renew or extend a Surface Interest referred to in section 3.9.4 if the interest holder has satisfied the terms and conditions of the lease, licence or permit.
3.9.6 The Inuit Central Government may, at its discretion, impose additional terms and conditions upon the renewal or extension of a Surface Interest referred to in section 3.9.4, including the imposition of fees, charges, rents or royalties, but the additional terms or conditions shall be reasonable.
3.9.7 If there is a Dispute between a holder of a Surface Interest and the Inuit Central Government under this part, the Dispute shall be resolved under chapter 21.
Part 3.10 Subsurface Interests in Labrador Inuit Lands
General
3.10.1 Subject to the Agreement, administration of Subsurface Resources in the Labrador Inuit Settlement Area shall be by Newfoundland and, in accordance with its jurisdiction, by Canada.
3.10.2 For greater certainty the Inuit interest under subsection 3.4.2(b) applies to all Subsurface Resources in Labrador Inuit Lands, including those in respect of which Subsurface Interests were issued prior to the Effective Date.
3.10.3 The Inuit Central Government and Newfoundland may agree to exempt lands within Labrador Inuit Lands from the acquisition of Subsurface Interests.
3.10.4 Subsurface Interests in existence prior to the creation of exempt lands under section 3.10.3 shall continue unaffected and unimpaired by the exemption.
3.10.5 No Exploration is to be carried out in Labrador Inuit Lands and no quarrying of Subsurface Resources is to be carried out in Labrador Inuit Lands outside Specified Material Lands after the Effective Date other than in accordance with this part, except for:
(a) Exploration which commenced prior to the Effective Date in accordance with an exploration plan approved under provincial Legislation; or
(b) quarrying which commenced prior to the Effective Date in accordance with a quarry permit issued under provincial Legislation.
Standards for Exploration and Quarrying in Labrador Inuit Lands
3.10.6 The Inuit Central Government and Newfoundland shall negotiate standards for Exploration in Labrador Inuit Lands and quarrying in Labrador Inuit Lands outside Specified Material Lands within a year of the Effective Date or within some other period of time agreed between the two Parties.
3.10.7 The Standards shall be given the force of Law by Newfoundland and the Inuit Central Government, and may not be amended without the consent of the Inuit Central Government and Newfoundland.
3.10.8 Until the Standards become Law, Exploration in Labrador Inuit Lands and quarrying in Labrador Inuit Lands outside Specified Material Lands may proceed with the consent of the Inuit Central Government and the consent of Newfoundland or in accordance with any other arrangement agreed to between the Inuit Central Government and Newfoundland.
3.10.9 If the Inuit Central Government and Newfoundland do not agree on the Standards by the time referred to in section 3.10.6, either the Inuit Central Government or Newfoundland may request that the Dispute Resolution Board establish the standards referred to in section 3.10.6 by arbitration.
3.10.10 The Dispute Resolution Board acting on a request referred to in section 3.10.9 has the authority to establish the standards and shall include a member who has expertise in the matter or matters under Dispute.
3.10.11 The Inuit Central Government may from time to time establish a schedule of charges, fees or rentals for access to or rental of Labrador Inuit Lands for purposes of carrying out Exploration or quarrying in Labrador Inuit Lands outside Specified Material Lands. The schedule of charges, fees and rentals with respect to Exploration and quarrying shall be of uniform application for Exploration and quarrying activities of a similar size and nature and shall be published by the Inuit Central Government and be appended to the Standards.
Exploration and Quarrying in Labrador Inuit Lands
3.10.12 Exploration in Labrador Inuit Lands and quarrying in Labrador Inuit Lands outside Specified Material Lands shall be carried out in accordance with the requirements of the Agreement, Laws of General Application and an approved Work Plan.
3.10.13 Any Person planning to Explore in Labrador Inuit Lands or to quarry in Labrador Inuit Lands outside Specified Material Lands after the Effective Date must:
(a) obtain consent from the Inuit Central Government for access to Labrador Inuit Lands; and
(b) submit a Work Plan to the Inuit Central Government and Newfoundland.
3.10.14 Section 3.10.13 does not apply to a Person carrying on Exploration or quarrying in Labrador Inuit Lands under provincial Legislation prior to the Effective Date, but does apply to any application made after the Effective Date for an amendment, extension or renewal of the Exploration plan or quarry lease or permit under which the Exploration or quarrying is carried out and to any change in location of the Exploration or quarrying.
3.10.15 No activity to which section 3.10.13 or 3.10.14 applies may commence prior to the approval of the Work Plan by both the Inuit Central Government and Newfoundland.
3.10.16 A Work Plan shall describe how, where and when Exploration or quarrying is proposed to be carried out, what Exploration or quarrying activities are proposed, and any other matter required by the Standards.
3.10.17 The Inuit Central Government and Newfoundland shall have a period of up to 15 consecutive days from the date of receipt of a Work Plan to make a decision whether to approve or reject a Work Plan.
3.10.18 A Work Plan shall be effective only if approved by both the Inuit Central Government and Newfoundland.
3.10.19 A Work Plan may be rejected only if the Work Plan is inconsistent with or does not conform to the Standards or the conditions of access to Labrador Inuit Lands established by the Inuit Central Government under section 3.14.13. Reasons for a decision to reject a Work Plan shall be provided in writing to the Applicant.
3.10.20 If a Work Plan is rejected under section 3.10.19 by either the Inuit Central Government or Newfoundland, the Applicant may submit a revised Work Plan to the Inuit Central Government and Newfoundland.
3.10.21 Within 15 days of receiving a revised Work Plan, the Inuit Central Government and Newfoundland shall make a decision whether to approve or reject the revised Work Plan.
3.10.22 A revised Work Plan shall be effective only if approved by both the Inuit Central Government and Newfoundland and may be rejected only if it is inconsistent with or does not conform to the Standards or the conditions of access to Labrador Inuit Lands established by the Inuit Central Government under section 3.14.13. Written reasons for a decision to reject a revised Work Plan shall be given to the Applicant.
3.10.23 If a Work Plan is rejected under section 3.10.19 or a revised Work Plan is rejected under section 3.10.22 or if the Applicant has been denied access to Labrador Inuit Lands by the Inuit Central Government or there is a Dispute between the Applicant and the Inuit Central Government with respect to the Applicant’s access to Labrador Inuit Lands, the Applicant may, within 30 days of the rejection, denial of access or the Dispute, refer the matter to arbitration under chapter 21.
3.10.24 In making a decision with respect to a denial of access to Labrador Inuit Lands or a Dispute with respect to the Applicant’s access to Labrador Inuit Lands for the purposes of Exploration or quarrying, an Arbitration Panel shall consider:
(a) the market value of the land to be used, occupied or quarried by the Applicant;
(b) the loss of use of the land by the Inuit and the Inuit Central Government;
(c) the effect on Harvesting by Inuit;
(d) damage to and adverse effects on Labrador Inuit Lands including the lands to be used, occupied or quarried by the Applicant;
(e) nuisance and inconvenience to Inuit and the Inuit Central Government;
(f) the cultural attachment of Inuit to the land to be used, occupied or quarried by the Applicant;
(g) any peculiar or special value to Inuit of the land to be used, occupied or quarried by the Applicant;
(h) all reasonable and related costs incurred or to be incurred by the Inuit Central Government;
(i) the financial ability of the Applicant to pay the costs of cleaning up, restoring or rehabilitating the land to be used, occupied or quarried by the Applicant; and
(j) any other matter provided for under provincial Legislation with respect to compensation for entry on private land for purposes of Exploration or the quarrying of Subsurface Resources,
but shall not consider the reversionary value of the land or any fees, charges or rents referred to in section 3.10.11.
3.10.25 Notwithstanding subsection 3.14.28(b), but subject to section 3.10.11, a Person may erect or establish a temporary camp under an approved Work Plan if the camp has been approved by the Inuit Central Government as part of the Work Plan.
3.10.26 If a Person proposes any change or addition to the Exploration or quarrying activities approved under section 3.10.18, that Person shall provide written notice to the Inuit Central Government and Newfoundland of the proposed change or addition and the Inuit Central Government and Newfoundland shall determine whether a new Work Plan must be submitted and a new Work Plan shall be submitted under subsection 3.10.13(b) if either the Inuit Central Government or Newfoundland so determines.
3.10.27 An approved Work Plan may be amended by agreement of the Inuit Central Government and Newfoundland if there are significant changes in circumstances and may be cancelled by:
(a) the Inuit Central Government for non-compliance with the Agreement, an approved Work Plan or the conditions of access to Labrador Inuit Lands referred to in section 3.14.13; or
(b) by Newfoundland for non-compliance with section 3.10.12.
3.10.28 If an approved Work Plan is amended or cancelled under section 3.10.27, the Applicant may, within 30 days of the amendment or cancellation, refer the matter to arbitration under chapter 21.
3.10.29 The details of a Work Plan, including a rejected, varied, amended, cancelled or approved Work Plan, shall be treated as confidential by the Inuit Central Government and Newfoundland.
Limitation upon Inuit Access to Labrador Inuit Lands
3.10.30 If an Applicant proposes that Inuit access to an Exploration site or quarry should be restricted, the proposed restrictions may be granted only for reasons of safety and shall be set out in the Work Plan.
Information Sharing
3.10.31 Upon request, Newfoundland shall provide the Inuit Central Government information that it receives under provincial Legislation respecting Exploration, quarries, quarrying and Developments in the Labrador Inuit Settlement Area.
Part 3.11 Subsurface Resource Development in Labrador Inuit Lands
3.11.1 Subject to section 3.11.2, if the holder of a Subsurface Interest wishes to develop a Subsurface Resource in Labrador Inuit Lands that Person shall enter into an Inuit Impacts and Benefits Agreement with the Inuit Central Government under section 7.7.2 before the Development or Major Development is permitted or authorized to proceed.
3.11.2 A Person permitted to quarry a Quarry Material in Labrador Inuit Lands outside Specified Material Lands is not required to enter an Inuit Impacts and Benefits Agreement with the Inuit Central Government under section 7.7.2.
3.11.3 Newfoundland shall notify the Inuit Central Government of any request for the issuance of a Subsurface Interest for the purpose of developing a Subsurface Resource in Labrador Inuit Lands.
3.11.4 Newfoundland shall Consult the Inuit Central Government on conditions to be attached to any Subsurface Interest referred to in section 3.11.3.
3.11.5 Conditions may be attached to any Subsurface Interest referred to in section 3.11.3 if the conditions are:
(a) supported by the recommendations of an Environmental Assessment carried out in accordance with chapter 11;
(b) relate directly to applicable requirements of the Agreement;, or
(c) relate to applicable requirements in Subsurface Resource Legislation.
3.11.6 Newfoundland shall Consult the Inuit Central Government prior to approving, authorizing or permitting the abandonment, closing, decommissioning or reclamation of a Development or Major Development referred to in section 3.11.1 or a quarry referred to in section 3.11.2.
Part 3.12 Nuclear Substances
3.12.1 Nothing in the Agreement confers legislative jurisdiction on the Inuit Central Government in relation to Nuclear Substances, nuclear facilities or prescribed equipment or information in relation to Nuclear Substances or nuclear facilities.
3.12.2 Subject to section 3.12.1 and the other provisions of this part, the rights and responsibilities of the Inuit Central Government in relation to Subsurface Resources under this chapter apply to Minerals that may be used as a source of nuclear energy.
3.12.3 On a request in writing from the Inuit Central Government, the Canadian Nuclear Safety Commission shall inform the Inuit Central Government of:
(a) any application for and the issuance, renewal, replacement or amendment by the Canadian Nuclear Safety Commission of any license to possess, transfer, import, export, use or abandon a Nuclear Substance or nuclear facility in the Labrador Inuit Settlement Area;
(b) any application for and the issuance, renewal, replacement or amendment by the Canadian Nuclear Safety Commission of any license which is within its jurisdiction to issue in the Labrador Inuit Settlement Area;
(c) the terms and conditions to be attached to any license referred to in subsections (a) and (b); and
(d) existing documentation related to licenses referred to in subsections (a) through (c) as it addresses any environmental risks, risks to health and safety of Inuit and measures to protect the environment and the health and safety of Inuit associated with any Nuclear Substances or nuclear facilities in the Labrador Inuit Settlement Area.
3.12.4 Part 3.15 applies to the Expropriation of Labrador Inuit Lands or an interest of the Inuit Central Government in Subsurface Resources in Labrador Inuit Lands for purposes of the Nuclear Energy Act.
3.12.5 Canada shall be responsible for any costs of reducing or cleaning up any nuclear contamination in Labrador Inuit Lands for which decommissioning was approved prior to the Effective Date.
3.12.6 The Inuit Government is not responsible or liable for any costs of reducing or cleaning up any nuclear contamination in Labrador Inuit Lands where the contamination occurred prior to the Effective Date.
Part 3.13 Identification and Tenure of Aullāsimavet
3.13.1 Inuit may, subject to this part and the Agreement, continue to occupy Aullāsimavet to be identified in schedule 3-E.
3.13.2 Inuit may, subject to Inuit Laws made under section 3.8.1 and the Agreement, continue to occupy Aullāsimavet in Labrador Inuit Lands that are in existence on the Effective Date.
3.13.3 Inuit may, subject to this part and the Agreement, establish new Aullāsimavet in the Labrador Inuit Settlement Area outside Labrador Inuit Lands with the consent of the Inuit Central Government and Newfoundland.
3.13.4 An Aullāvik shall not be established on lands:
(a) held in fee simple by a third party;
(b) under the control or administration of Canada except with the consent of Canada;
(c) subject to a Surface Interest;
(d) within the boundaries of an Inuit Community;
(e) within a National Park, National Park Reserve or Protected Area, except in accordance with provisions governing the establishment or management of that National Park, National Park Reserve or Protected Area; or
(f) where establishment of an Aullāvik would be contrary to the Land Use Plan.
3.13.5 Subject to section 3.13.4 upon request of the potential occupiers of an Aullāvik, or the Inuit Central Government on their behalf, Newfoundland shall make available lands in the Labrador Inuit Settlement Area outside Labrador Inuit Lands that are adequate, suitable and reasonably necessary for the establishment of the Aullāvik.
3.13.6 Aullāsimavet in the Labrador Inuit Settlement Area outside Labrador Inuit Lands may be held by an Inuk or the Inuit Central Government under a lease from the Crown for an agreed term and subject to Laws of General Application, but:
(a) Inuit or the Inuit Central Government shall not be liable to pay any fee, charge, rent or tax for the purpose of the establishment or occupation of Aullāsimavet;
(b) Inuit or the Inuit Central Government shall not be required to survey or register a plan of survey of the lands occupied as Aullāsimavet unless the Minister specifically requires a survey on 12 months written notice and gives reason why the survey is necessary;
(c) renewal of a lease, upon request by the lessee shall not be unreasonably withheld; and
(d) the Inuit Central Government shall have the authority to sub-lease lands held for Aullāsimavet to Inuit for use as Aullāsimavet.
3.13.7 Nothing in this part prevents an Inuk from applying for a grant or lease of Crown lands or a license to occupy Crown lands in accordance with Laws of General Application.
Part 3.14 Access to Lands in the Labrador Inuit Settlement Area
General
3.14.1 Notwithstanding any other provision of this part Inuit have the right of access to Labrador Inuit Lands subject to Inuit Laws made under section 3.8.1.
3.14.2 Except as permitted under this Agreement, a Non-Beneficiary may not enter, cross or remain on Labrador Inuit Lands without the consent of the Inuit Central Government.
3.14.3 A Non-Beneficiary exercising access to Labrador Inuit Lands assumes all risks that may be encountered on Labrador Inuit Lands when exercising access.
3.14.4 The Inuit Central Government, together with its agents, employees, or servants, does not owe a duty of care towards a Person exercising access to Labrador Inuit Lands.
3.14.5 Remedies or penalties recognized by Law regarding trespass upon private property apply to Non-Beneficiaries exercising access to Labrador Inuit Lands in a manner or for a purpose not permitted under this part.
3.14.6 Nothing in section 3.14.5 derogates from the authority of the Inuit Central Government to make Laws under subsections 3.8.1(a) and 3.8.1(e).
3.14.7 Nothing in this chapter shall derogate from or interfere with the public right of navigation in navigable waters.
3.14.8 The Inuit Central Government is under no obligation to establish, maintain or repair or provide for the establishment, maintenance or repair of travel routes or camp sites referred to in this part.
Occasional Access to Labrador Inuit Lands by Non-Beneficiaries
3.14.9 The consent of the Inuit Central Government is not required and no fee, charge or rent may be imposed if access to Labrador Inuit Lands by a Non-Beneficiary is necessary for the following purposes:
(a) emergencies;
(b) crossing Labrador Inuit Lands to reach other lands for casual, non-commercial purposes, and Non-Beneficiaries exercising access under this subsection may make any necessary stops and shall use generally recognized or specifically designated travel routes and camp sites, whether year round or seasonal, but the Inuit Central Government may restrict access under this subsection for reasons of conservation and public safety;
(c) navigation, but the right of access to Labrador Inuit Lands by a Non-Beneficiary exercising access under this subsection is limited to a 100 foot strip of Labrador Inuit Lands bounding the ocean, navigable rivers and navigable lakes that can be entered from the ocean, navigable rivers and navigable lakes.
Private Access to Labrador Inuit Lands Related to Freehold, Surface and Subsurface Interests
3.14.10 If, on the Effective Date, a Non-Beneficiary has freehold title, a Surface Interest or a Subsurface Interest in lands that are in or surrounded by Labrador Inuit Lands, the title or interest includes the right to enter and cross Labrador Inuit Lands using the means and route of access that is in use by the title or interest holder on the Effective Date without consent of the Inuit Central Government and without payment of any fee, charge or rent to the Inuit Central Government. In the event of a Dispute respecting access to Labrador Inuit Lands under this section, the Non-Beneficiary or the Inuit Central Government may refer the Dispute to dispute resolution under chapter 21.
3.14.11 For greater certainty a Non-Beneficiary referred to in section 3.14.10 who wishes to obtain access across Labrador Inuit Lands by a means or route of access that did not exist or was not in use on the Effective Date shall first obtain the consent of the Inuit Central Government and shall be liable to pay any fee, charge or rent established by the Inuit Central Government for that access.
3.14.12 Section 3.14.27 does not apply to a Person exercising a right of access to Labrador Inuit Lands under section 3.14.10.
Access to Labrador Inuit Lands for Purposes of Exploration and Quarrying
3.14.13 With respect to Subsurface Interests arising in Labrador Inuit Lands after the Effective Date, the Inuit Central Government may establish conditions of access to Labrador Inuit Lands for purposes of Exploration and quarrying and the conditions of access shall be:
(a) established from time to time by the Inuit Central Government after Consultation with the Minister;
(b) published by the Inuit Central Government; and
(c) appended to the Standards.
3.14.14 The conditions of access to Labrador Inuit Lands referred to in section 3.14.13 shall be limited to conditions respecting:
(a) location of the access so as to cause least harm to the Inuit and Labrador Inuit Lands and so as to be suitable for the Exploration or quarrying;
(b) payment of fees, charges or rents referred to in section 3.10.11 to the Inuit Central Government for the access;
(c) Persons other than the Applicant who may use the access;
(d) the area of land and nature or scope of land use to be served by the access;
(e) damage, Mitigation and restoration; and
(f) the considerations referred to in section 3.10.24.
Access Across Labrador Inuit Lands to Reach Subsurface Interests
3.14.15 If the holder of a Subsurface Interest outside Labrador Inuit Lands, other than one referred to in section 3.14.10, requires access across Labrador Inuit Lands and any other means of access to the Subsurface Interest is impractical, that Person and that Person’s contractors and suppliers shall be permitted access across Labrador Inuit Lands with the consent of the Inuit Central Government on any terms and conditions the Inuit Central Government may establish. If the Inuit Central Government refuses consent or the terms and conditions required by the Inuit Central Government are not acceptable to the Person seeking access, either party has a right to submit the Dispute to arbitration under chapter 21.
3.14.16 Access in accordance with section 3.14.15 shall not be awarded to a Person by an Arbitration Panel unless that Person establishes that:
(a) access to or across Labrador Inuit Lands is essential;
(b) access by any other means is physically or financially impractical;
(c) the proposed route will minimize harm, disturbance, disruption or damage to Labrador Inuit Lands and minimize interruption or interference with Inuit use, occupation or enjoyment of Labrador Inuit Lands; and
(d) the Person has attempted for a period of not less than 15 days to negotiate access in good faith.
Access to Labrador Inuit Lands for Governmental Purposes
3.14.17 Members of the judiciary, officers of the courts and peace officers, may enter, cross or remain on Labrador Inuit Lands for the purpose of carrying out their duties.
3.14.18 Members of Parliament or the House of Assembly or candidates for election to either of those bodies, together with their employees, agents and assistants, may enter, cross or remain on Labrador Inuit Lands for the purpose of campaigning in an election or in connection with their duties.
3.14.19 Canadian Forces personnel may enter, cross or remain on Labrador Inuit Lands to carry out activities related to national defence and security in accordance with the National Defence Act. Canada shall provide the Inuit Central Government with advance notice of any activities related to national defence and security within the Labrador Inuit Settlement Area, when it is reasonable to do so.
3.14.20 Notwithstanding section 3.14.19:
(a) the Department of National Defence and Canadian Forces personnel have no greater rights to conduct military manoeuvres on Labrador Inuit Lands than they have with respect to other privately owned lands under Laws of General Application; and
(b) access to Labrador Inuit Lands for purposes of manoeuvres other than manoeuvres under section 257 of the National Defence Act, shall occur only after the conclusion of an agreement with the Inuit Central Government respecting timing, notice to Persons in the area affected, compensation for damages and other matters relating to the manoeuvres.
3.14.21 Employees, contractors and agents of Newfoundland, Canada and Crown corporations, and Canadian Forces personnel may enter, cross and remain on Labrador Inuit Lands and, subject to the Agreement, use resources incidental to that access to deliver public programs and projects, manage, repair or maintain public works and services, carry out inspections under Laws of General Application, enforce Laws of General Application, respond to emergencies and to carry out terms of the Agreement.
3.14.22 Notwithstanding sections 3.14.17, 3.14.18, 3.14.19 and 3.14.21 if a Person referred to in those sections requires continuing use and occupancy of Labrador Inuit Lands for a purpose stated in those sections, that Person shall obtain a permit or other interest in the land from the Inuit Central Government and pay the applicable fee, charge or rent.
Access for Public Utilities
3.14.23 Employees, contractors and agents of Persons providing public utilities in the Labrador Inuit Settlement Area may temporarily enter or cross Labrador Inuit Lands to deliver and manage public utilities and provide for the repair and maintenance of public utilities, but nothing in this section creates or is intended to create a utility easement or right of way over Labrador Inuit Lands.
Exemptions from Payment for Access to Labrador Inuit Lands
3.14.24 Any Person exercising access under sections 3.14.17, 3.14.18, 3.14.19, 3.14.21 or 3.14.23 shall not be required to pay any fee, charge or rent for that access.
Limitations on Access to Labrador Inuit Lands
3.14.25 Except in the case of entry under 3.14.9(a), no Person acquires any right under this part to enter any area of Labrador Inuit Lands that is developed, occupied or being used by an Inuk or by a Person under authorization of the Inuit Central Government. This section does not interfere with a right of entry or access to Labrador Inuit Lands which has otherwise been acquired under a Law in relation to entry or access to private property.
3.14.26 A Non-Beneficiary exercising access to Labrador Inuit Lands under this part shall not create or establish new routes of travel or permanent camp sites without the consent of the Inuit Central Government.
3.14.27 A Non-Beneficiary exercising access to Labrador Inuit Lands under this part shall provide notice to the Inuit Central Government prior to engaging in that access unless:
(a) it is not reasonable to do so; or
(b) the Inuit Central Government has dispensed with the requirement to do so.
3.14.28 The rights of access under this part are subject to the conditions that any Non-Beneficiary exercising a right of access shall use, to the greatest extent possible, travel routes and camp sites referred to in subsection 3.14.9(b) and shall not:
(a) engage in any activity on Labrador Inuit Lands other than those activities permitted under this chapter;
(b) establish or erect any camps or structures other than for merely casual or temporary purposes on Labrador Inuit Lands;
(c) cause undue harm, disturbance, disruption or damage to Labrador Inuit Lands;
(d) interrupt or interfere with Inuit use, occupation or enjoyment of Labrador Inuit Lands, except to the extent necessary for purposes of the access; and
(e) use Labrador Inuit Lands for any purpose other than the purpose for which the right of access is exercised.
3.14.29 A Non-Beneficiary exercising a right of access to Labrador Inuit Lands under this part:
(a) is liable for damages caused to the lands or damages to Inuit resulting from unnecessary interruption or interference with Inuit use, occupation or enjoyment of the lands; and
(b) may be removed from Labrador Inuit Lands by the Inuit Central Government as a trespasser for any failure to comply with the conditions of this part.
Inuit Access to Labrador Inuit Settlement Area outside Labrador Inuit Lands
3.14.30 Subject to restrictions on Inuit access to lands in the Labrador Inuit Settlement Area outside Labrador Inuit Lands set out in chapter 12, Inuit and their transferees under section 12.3.16 have a right of free access to Crown Lands in the Labrador Inuit Settlement Area outside Labrador Inuit Lands but this access shall not interfere with other authorized uses or the ability of the Crown to authorize uses or dispose of Crown Land.
3.14.31 Without limiting section 3.14.30 or chapter 5, Inuit shall have rights of access over all Water courses, lakes and ponds overlying Crown land in the Labrador Inuit Settlement Area outside Labrador Inuit Lands for all purposes associated with the use and enjoyment of Labrador Inuit Lands and other rights under the Agreement but this access shall not interfere with other authorized uses of Water overlying Crown lands or the ability of the Crown to authorize uses of that Water.
Part 3.15 Expropriation of Labrador Inuit Lands
3.15.1 Labrador Inuit Lands shall not be Expropriated except in accordance with this part.
3.15.2 Canada or Newfoundland, prior to making a decision to Expropriate Labrador Inuit Lands, shall:
(a) ensure that lands other than Labrador Inuit Lands are used, if other lands are reasonably available for the purpose for which the land is intended to be Expropriated;
(b) ensure that reasonable efforts are made to acquire the land through a negotiated land transfer agreement with the Inuit Central Government, rather than by Expropriation; and
(c) Consult the Inuit Central Government.
3.15.3 No Expropriation of a piece or parcel of Labrador Inuit Lands shall be effective without the specific prior consent to the Expropriation by:
(a) the Lieutenant-Governor in Council in cases of an Expropriation by a provincial Expropriation Authority; or
(b) the Governor in Council in cases of an Expropriation by a federal Expropriation Authority.
3.15.4 If a negotiated land transfer agreement in accordance with subsection 3.15.2 (b) is not possible, the Expropriation Authority exercising the power of Expropriation shall serve written notice of the proposed Expropriation on the Inuit Central Government and any Person claiming under the Inuit Central Government or holding an interest referred to in section 3.9.1.
3.15.5 If a piece or parcel of Labrador Inuit Lands is Expropriated, the Expropriation Authority may offer compensation in the form of other land of equivalent significance and value, but, except as provided in section 3.15.10, the Inuit Central Government or a Person claiming under the Inuit Central Government or holding an interest referred to in section 3.9.1 shall not be required to take compensation in the form of other land.
3.15.6 If there is a Dispute over the value of, or interest in, the Labrador Inuit Lands to be Expropriated, the amount or form of compensation, or costs or interest thereon, the Dispute shall be referred to arbitration under chapter 21.
3.15.7 An Arbitration Panel shall consider the following matters when making an award in respect of a Dispute referred to in section 3.15.6:
(a) loss of use of the Expropriated land to the Inuit Central Government and any Person claiming under the Inuit Government or holding an interest referred to in section 3.9.1;
(b) the adverse effect of the Expropriation upon other Labrador Inuit Lands;
(c) damage which may be caused to any unexpropriated interest in the Expropriated land;
(d) nuisance, inconvenience and noise to the Inuit Central Government and any Person claiming under the Inuit Central Government or holding an interest referred to in section 3.9.1;
(e) the cultural attachment of Inuit to the Expropriated land;
(f) the effect on Wildlife, Habitat and Inuit Harvesting;
(g) any particular or special value to the Inuit of the Expropriated lands;
(h) any and all costs reasonably associated with the Expropriation and negotiations, mediation or arbitration related to the Expropriation;
(i) the market value of the Expropriated land;
(j) whether other land is offered in compensation and, if so, the significance and value of that land; and
(k) any other matter that may be considered under relevant legislation.
3.15.8 The interest in Labrador Inuit Lands Expropriated under this part shall no longer be vested in the Inuit and if the entire Inuit interest in Labrador Inuit Lands is Expropriated, the Land ceases to be Labrador Inuit Lands.
3.15.9 Expropriated land which is no longer required for the purposes for which it was Expropriated may, with the consent of the relevant Parties, be conveyed to the Inuit at an agreed price or, in the absence of agreement, a price determined by an Arbitration Panel in accordance with chapter 21. Land conveyed to the Inuit shall be Labrador Inuit Lands for purposes of the Agreement.
3.15.10 If at any time 12 percent of Labrador Inuit Lands identified and selected by the Inuit at the Effective Date have already been and remain Expropriated, no further power of Expropriation of Labrador Inuit Lands shall be exercised by an Expropriation Authority unless the Expropriation Authority provides compensation that includes an amount of previously Expropriated Labrador Inuit Lands equivalent in significance and value to the piece or parcel of Labrador Inuit lands that the Expropriation Authority intends to Expropriate.
3.15.11 In calculating the areas under section 3.15.10, no account shall be taken of any lands transferred in a land transfer agreement referred to in subsection 3.15.2(b).
3.15.12 Lands acquired by the Inuit as compensation under this part shall be Labrador Inuit Lands.
Schedule 3-A: Labrador Inuit Settlement Area
(section 3.2.1)
1. The schedule will contain a map showing the boundaries of Labrador Inuit Settlement Area.
2. The map will not be attached until after completion of the land identification and selection process referred to in chapter 4.
Schedule 3-B: Labrador Inuit Lands
(sections 3.3.2 and 3.4.1)1 The schedule will contain descriptions of and maps showing Labrador Inuit Lands.
2. The maps will not be attached until after completion of the land identification and selection process referred to in chapter 4.
Schedule 3-C: Specified Material Lands
(section 3.3.3)1. The schedule will contain maps showing the 1,525 square miles of Labrador Inuit Lands in which Inuit will own Specified Materials.
2. The maps will not be attached until after completion of the land identification and selection process referred to in chapter 4.
Schedule 3-D: Water Lots
(subsection 3.4.3(a))1. The schedule will contain maps and descriptions of Water Lots within Labrador Inuit Lands.
2. The maps will not be attached until after completion of the land identification and selection process referred to in chapter 4.
Schedule 3-E: Aullāsimavet
(section 3.13.1)1. This schedule will consist of maps showing existing Aullāsimavet situated on lands in the Labrador Inuit Settlement Area outside Labrador Inuit lands.
2. The maps will not be attached until after completion of the land identification and selection process referred to in chapter 4.