NLIS 2
December 6, 2004
(Labrador and Aboriginal Affairs)
 

Premier announces ratification of Labrador Inuit Land Claims Agreement Act

Premier Danny Williams was joined today by Tom Rideout, Minister responsible for Aboriginal Affairs, and William Andersen III, President of the Labrador Inuit Association, to announce that the provincial government will ratify the Labrador Inuit Land Claims Agreement Act.

 "Today can be described as an historic day for the Labrador Inuit, the province and the nation," said Premier Williams. "This afternoon, in the House of Assembly, our government will ratify, by an all-party agreement, the required legislation to enable us to move forward with implementing the Labrador Inuit Lands Claims Agreement. The passing of this legislation marks a significant milestone in the ratification of this agreement." 

"This past May, over 76 per cent of eligible Inuit voters supported the final agreement with a voter turnout of over 85 per cent. This represented a definitive endorsement of the agreement," said Premier Williams. "This agreement will enable the Labrador Inuit to exercise greater autonomy and further manage their own affairs." 

The agreement will also provide for the establishment of the Labrador Inuit Settlement Area (LISA) and the creation of the Nunatsiavut Government, five Inuit community governments and Inuit community corporations to represent the interests of Inuit living outside the settlement area. 

Minister Rideout said: "Implementation of this agreement will result in healthier communities for the Labrador Inuit. It will enable Inuit to exercise their own judgement of what makes for healthy communities and provide greater control over their living conditions. It will also enable Inuit to better protect, preserve and promote their culture." 

William Andersen III said: "December 6 marks an extremely significant day, not only for the Inuit of Labrador, but all people of this province and all Canadians. The Labrador Inuit Land Claims Agreement is the first aboriginal land claim in Newfoundland and Labrador and the last Inuit land claim in Canada. It is unanimously supported by all three political parties in the House of Assembly. For us all, today marks a very important constitutional event." 

Premier Williams said: "As a government, we are dedicated to building a society in which aboriginal people can fulfill their aspirations to become more self-reliant and exercise greater responsibility for the well-being of their communities. Passing this land claim agreement legislation is an important step along that path, and we are proud to take that step with the Labrador Inuit." 

The Parliament of Canada must also pass ratification legislation before the agreement can come into effect. 

"The settlement of land claims is an important step toward the establishment of certainty and stability for the economic and social development of the Labrador Inuit and Labrador," said Minister Rideout. "The passing of this agreement is the realization of a dream and it represents a new beginning for the Labrador Inuit, the province and the nation." 

Media contact:
Elizabeth Matthews, Office of the Premier, (709)729-3960 or (709) 690-5500
Lori Lee Oates, Aboriginal Affairs, (709) 729-3015 or (709) 690-8403
Marilyn Butland, Labrador Inuit Association representative, (709) 753-0794

BACKGROUNDER
Highlights of the Labrador Inuit Land Claims Agreement 

On August 29, 2003, negotiators for the province, LIA and Canada initialed the Labrador Inuit Land Claims Agreement, triggering the commencement of the Inuit ratification process. On May 26, 2004, the Labrador Inuit voted overwhelmingly to ratify the agreement, with 76 per cent of eligible voters supporting it. 

The legislation passed in the House of Assembly today is a significant step toward the implementation of the agreement. The next step is the signing of the agreement by the three parties. A signing ceremony will take place in Nain early in the new year. This will be followed by the introduction of federal ratification legislation in the House of Commons, likely in the Spring of 2005. 

The following are some highlights of the agreement:

Land

• The agreement will create two categories of land - the Labrador Inuit Settlement Area and Labrador Inuit Lands.
• The Settlement Area consists of 28,000 mi2 (72,520 km2) of land and 18,800 mi2(48,690 km2) of ocean (referred to as the zone) extending to the limit of Canada�s territorial sea. The Settlement Area encompasses Labrador Inuit Lands and the five Inuit communities of Nain, Hopedale, Makkovik, Postville and Rigolet. In the northern part of the Settlement Area, approximately 3,700 mi2 (9,600 km2) of land will be set aside for the Torngat Mountains National Park Reserve, which will be established on the effective date of the agreement. Inuit will have special rights in all of these areas.
• Within the Settlement Area, Inuit will own 6,100 mi2 (15,800 km2) of land referred to as Labrador Inuit Lands. It is in this area where Inuit have the most rights and benefits.

Resource Use and Management

• In Labrador Inuit Lands, Inuit will have the exclusive right to carving stone, ownership of 1,525 mi2 (3,950 km2 ) of quarry materials, and a 25 per cent ownership interest in subsurface resources. Existing mineral rights holders in Labrador Inuit Lands will continue to be regulated by the province. Exploration for subsurface resources in Labrador Inuit Lands will require approval from the Government of Newfoundland and Labrador and the Nunatsiavut Government.
• Existing surface interests in Labrador Inuit Lands such as outfitters and sawmill operations will continue under their current terms and conditions. Applications for renewal or extensions must be made to the Nunatsiavut Government. The Nunatsiavut Government will have the exclusive right to authorize new outfitting and sawmill operations in Labrador Inuit Lands, and first right to establish new operations throughout the Settlement Area.
• Inuit have the right to use water for personal and domestic purposes throughout the Settlement Area. New commercial or industrial developers on Labrador Inuit Lands must acquire a water use permit from the province which may only be issued if also approved by the Nunatsiavut Government. Any developer in the Settlement Area who proposes to use water in a way that may substantially affect water resources on or adjacent to Labrador Inuit Lands will be required to first negotiate a compensation agreement with the Nunatsiavut Government.
• Labrador Inuit will have the right to harvest fish, marine mammals, wildlife and plants for food, social and ceremonial purposes throughout the Settlement Area. If conservation requires that Inuit harvesting be limited, the limits will be set by the provincial and/or federal minister (as appropriate), based on a recommendation of the Nunatsiavut Government.
• The Governments of Newfoundland and Labrador and Canada will retain the overall responsibility for the conservation and management of the fishery and for wildlife and plants in the Settlement Area. Co-management boards will be established to make recommendations on the conservation and management of fish, wildlife and plants in the Settlement Area.
• Existing commercial fishing licences will not be affected. Inuit will be guaranteed a percentage of new or additional commercial fishing licences for specified species within the zone and adjacent waters. Labrador Inuit will control who may fish or establish aquaculture facilities in Labrador Inuit Lands, and will have the first right to establish aquaculture facilities in the Settlement Area.
• With the exception of those interest holders accommodated under the agreement, the Nunatsiavut Government will control who may harvest wildlife and plants in Labrador Inuit Lands. Special provisions have been made for existing non-Inuit cabin owners in Labrador Inuit Lands to allow them to continue to harvest in areas where they have traditionally and currently harvest. The Nunatsiavut Government will control Inuit harvesting for food, social and ceremonial purposes, throughout the Settlement Area.
• A comprehensive land-use plan for the Settlement Area will be developed jointly by the Government of Newfoundland and Labrador and the Nunatsiavut Government within three years of the agreement�s effective date. The Nunatsiavut Government will approve the land-use plan as it applies to Labrador Inuit Lands and the province will approve the plan as it applies to the remainder of the Settlement Area. Once approved, all new developments must conform to the plan. 
• Any initiatives to establish marine management plans or to develop non-renewable resources in the zone will require prior consultation with the Nunatsiavut Government.
• The Nunatsiavut Government may establish other protected areas in Labrador Inuit Lands, and any new protected areas in the remainder of the Settlement Area that may affect the rights of the Labrador Inuit, under the agreement, will require a protected area agreement.

Economic Development

• Impact and Benefits Agreements (IBAs) must be negotiated between the Nunatsiavut Government and developers before projects may proceed in Labrador Inuit Lands, and before major developments may proceed in the remainder of the Settlement Area or in the zone.
• Developers on Labrador Inuit Lands and major developers in the remainder of the Settlement Area are absolutely liable for any harm caused to wildlife or fish, and are responsible for compensating Inuit for any damage to these resources or associated harvesting activities.
• The Nunatsiavut Government is entitled to receive 25 per cent of provincial government revenues from subsurface developments in Labrador Inuit Lands. In the remainder of the Settlement Area, the Nunatsiavut Government will receive 50 per cent of the first two million and five per cent of any additional provincial revenues from subsurface resource developments (with a specified revenue cap).
• The Nunatsiavut Government will receive five per cent of provincial revenues from subsurface resources in the Voisey�s Bay area. An IBA has already been reached between the Labrador Inuit and the developer of the Voisey�s Bay project. The Governments of Newfoundland and Labrador and Canada have committed to consult the Nunatsiavut Government on any permit required in relation to that project, the main vehicle for which will be the existing Environmental Management Board.

Self-Government

• The Labrador Inuit have created their own constitution which will come into effect with the agreement. The agreement establishes two levels of government: the Nunatsiavut Government with jurisdiction primarily over Inuit at a regional level, and five Inuit Community Governments - one in each of the five communities of Rigolet, Makkovik, Hopedale, Postville and Nain. The five Inuit community governments will replace the existing municipal governments. The agreement also provides for the establishment of Inuit Community Corporations to represent the interests of Inuit who live outside the Settlement Area.
• The Nunatsiavut Government will be responsible for law making for the Inuit and delivery of programs and services.

Financial

• Labrador Inuit will continue to be eligible to receive federal and provincial programs and services
• The Inuit will continue to be subject to federal and provincial tax laws. The Nunatsiavut Government and the Inuit community governments may also make laws in relation to direct taxation of Inuit.
• The Governments of Newfoundland and Labrador and Canada and the Nunatsiavut Government will negotiate a fiscal financing agreement every five years to provide funding to the Nunatsiavut Government for the provision of agreed upon programs and services to Inuit and, where appropriate, to other residents. Inuit will contribute to the costs of their own governance, programs and services. The first fiscal financing agreement has been negotiated and will come into effect when the agreement comes into effect.
• The Government of Canada will pay the Labrador Inuit $140 million (in 1997 dollars), according to a specified schedule of payments over 15 years. Inuit will repay their negotiation loans over the same period. Canada will also transfer $156 million (in 1997 dollars) to the Nunatsiavut Government for implementation of the agreement.

Labrador Inuit Land Claims Agreement Milestones 

1977
The Labrador Inuit Association (LIA) files a statement of claim with Government of Canada entitled A Statement of Claim to Certain Rights in the Land and Sea-Ice in Northern Labrador. The following year, the claim is accepted by the Government of Canada for negotiation.

1980 
The Government of Newfoundland, at the invitation of the Government of Canada, agrees to participate in the negotiation of the Labrador Inuit land claim.

1990 
A framework agreement outlining the agenda, process and timetable for the Agreement-in-Principle (AIP) negotiations is signed in November. 

1999 
The AIP is initialed by chief negotiators and recommended to their respective principals for ratification in May. 

1999 
The LIA membership ratifies the AIP in July.

2000 
The LIA and Government of Newfoundland and Labrador sign the Memorandum of Understanding on Interim Measures Related to the Proposed Torngat Mountains National Park Reserve in June.

2001 
The LIA, Government of Newfoundland and Labrador, and the Government of Canada sign the AIP on June 25.

2001 
The LIA, Government of Newfoundland and Labrador and Government of Canada sign an Interim Measures Agreement to protect Inuit rights and benefits negotiated in the AIP on November 16. 

2002 
The LIA, Government of Newfoundland and Labrador and Government of Canada sign the Voisey�s Bay Interim Measures Agreement; the LIA sign an Inuit Impacts and Benefits Agreement with Voisey�s Bay Nickel Company and Inco; the LIA, Government of Newfoundland and Labrador, Government of Canada and the Labrador Innu Nation sign the Voisey�s Bay Environmental Management Agreement in July.

2003 
Negotiators for the LIA, the Government of Newfoundland and Labrador and the Government of Canada initial the final agreement on August 29.

2004 
The Labrador Inuit ratify the final agreement with the support of three-quarters of eligible voters on May 26.

2004 
Government of Newfoundland and Labrador introduces legislation to ratify the agreement on December 6.

2004 12 06                  12:10 p.m.