Highlights of the Labrador Inuit Agreement-in-Principle

In order for all Labradorians to prosper and live in harmony, we must work together to remove the uncertainty surrounding lands and resources. The Labrador Inuit, the Province and the Government of Canada are moving closer to realizing a Final Agreement on land claims and self-government with the Inuit of Labrador. All three parties have ratified the Agreement-in -Principle, which demonstrates their commitment.


Section 35 of the Constitution Act, 1982 recognizes and affirms the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada. Since the scope of Aboriginal rights is undefined, the Supreme Court of Canada has encouraged land claims negotiations as the preferred method for resolving disputed claims of Aboriginal rights and title. A comprehensive land claims agreement is a modern treaty which provides an Aboriginal group with clearly defined land, resource and self-government rights. Such an agreement will create certainty and promote long-term economic and social development. Once a land claims agreement is ratified by both levels of government and the Aboriginal group, it will be constitutionally protected as a modern treaty.

Land claims agreement negotiations involve three stages: Framework Agreement, Agreement-in-Principle (AIP) and Final Agreement. This process takes many years to complete, as there are many factors to consider. We must ensure that the settlement is fair to everyone. At the same time, the settlement must respect Inuit heritage, culture and tradition.

The following is a brief outline of the Agreement-in-Principle, which will form the basis of the final land claims agreement. The Final Agreement will likely take another couple of years to negotiate. Changes will not come into effect until the Final Agreement is completed.

Land Categories

The final land claims agreement will create two areas of land – the Labrador Inuit Settlement Area and Labrador Inuit Lands. The Settlement Area will consist of 28,000 square miles of land and 17,000 square miles of adjacent ocean extending out 12 miles (referred to as the Zone). The Settlement Area includes the five Inuit communities of Nain, Hopedale, Makkovik, Postville and Rigolet. In the northern part of the Settlement Area, approximately 3,700 square miles will be set aside for the establishment of the Torngat Mountains National Park Reserve. Inuit will have special rights in all of these areas.

Within the Settlement Area, Inuit will own 6,100 square miles of land, which is referred to as Labrador Inuit Lands. It is in this area where Inuit have the most rights and benefits.

Mineral Resources

Existing mineral rights holders on Inuit Lands will continue to be administered under provincial laws. The Inuit and Provincial governments must approve new mineral exploration on Inuit Lands. In addition, Inuit will own 1,525 square miles of quarry materials in designated portions of Inuit Lands.

Voisey’s Bay

An area of 85 square miles will be set aside for the Voisey’s Bay project. The Inuit government will receive 3% of provincial mining revenues. Other rights and benefits related to lands and resources will be negotiated before the Final Agreement is concluded.

Economic Opportunities

Impacts and Benefits Agreements (IBAs) must be negotiated with the Inuit government for large-scale developments in the Settlement Area, outside Inuit Lands, and all developments on Inuit Lands.

Resource Royalty Sharing

Inuit will receive 25% of provincial revenues from mineral developments on Inuit Lands. In addition, in the Settlement Area, outside Inuit Lands, they will receive 50% of the first $2 million and 5% of any additional provincial revenues from mineral resource developments.

Environmental Protection

Federal and provincial environmental assessment laws continue to apply throughout the Settlement Area and on Inuit Lands. In addition, the Inuit government can make their own environmental assessment laws on Inuit Lands. Every effort will be made to ensure environmental assessment processes are harmonized to avoid duplication and inefficiencies.

Land Use Plan

The Province and the Inuit government will develop a comprehensive land use plan for the entire Settlement Area, including Inuit Lands.

Funding

The Federal government will provide $140 million to an Inuit trust fund. The Inuit government must repay its land claims negotiation loan from these funds. The Federal government will also provide $115 million to the Inuit government to help them fulfill their implementation responsibilities under the Final Agreement.

Renewable Resources

The relevant provincial or federal Minister retains ultimate authority for the conservation and management of renewable resources throughout the Settlement Area. Two boards will be established to advise the Federal and Provincial governments on conservation and management of renewable resources. They are:

  • Torngat Wildlife and Plants
    Co-management Board
  • Torngat Joint Fisheries Board

Board members will be appointed by the Inuit, Federal and Provincial governments. Inuit will have the right to harvest year round for subsistence purposes throughout the Settlement Area. Other residents will be able to harvest in the Settlement Area, outside Inuit Lands, according to federal and provincial regulations. If conservation requires that harvesting be limited, Inuit will have first priority, but may also be required to reduce their harvest.

If you are an outfitter or an owner of a sawmill, you can continue to operate according to provincial laws. However, Inuit have the first option to establish new outfitting and sawmill operations in the Settlement Area.

Inuit will be granted a percentage of new commercial fishing licenses in the ocean Zone, and in Canadian fishing waters adjacent to the Zone. Existing commercial licenses are unaffected.

Inuit Government

Two levels of Inuit government will be established:
  1. The Inuit Central Government will have the authority to make and administer laws as set out in the Final Agreement over lands and resources, and matters such as Inuit education, health, and child and family services. This will enable Inuit to have more control over their social, economic and cultural development.

  2. Five Inuit community governments will replace the municipal governments in Nain, Hopedale, Makkovik, Postville, and Rigolet. Community governments will have the same powers as municipalities, plus any additional powers delegated by the Inuit Central Government. All community residents will be entitled to representation on community councils, but the head of the council must be Inuit.

Other Aboriginal Claims

If there are overlapping claims between the Labrador Inuit and neighbouring Aboriginal groups, they can be negotiated and included in the Final Agreement.

If your would like more information please contact:

Labrador and Aboriginal Affairs
Government of Newfoundland and Labrador
P.O. Box 3014, Station B
Happy Valley-Goose Bay, LB
A0P 1E0
Telephone: (709) 896-2800
Fax: (709) 896-0045

Toll Free: 1-877-788-8822

Labrador and Aboriginal Affairs Government of Newfoundland and Labrador
P.O. Box 8700
St. John’s, NF
A1B 4J6
Telephone: (709) 729-0164
Fax: (709) 729-4900

www.gov.nf.ca/laa