General
Text
Judicial notice of Agreements
10 (1) Judicial notice shall be taken of the Agreement and the Tax Treatment Agreement.
Marginal note:
Publication of Agreements
(2) The Agreement and the Tax Treatment Agreement shall be published by the Queen’s Printer.Marginal note:
Evidence
(3) A copy of the Agreement or the Tax Treatment Agreement published by the Queen’s Printer is evidence of that agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is deemed to be so published, unless the contrary is shown.
Marginal note:
Judicial notice of Inuit laws and Inuit bylaws
11 (1) Judicial notice shall be taken of Inuit laws and Inuit bylaws.
Marginal note:
Evidence of Inuit laws and bylaws
(2) A copy of an Inuit law or an Inuit bylaw purporting to be deposited in a public registry of laws referred to in section 17.5.1 or 17.5.2 of the Agreement is evidence of that law or bylaw and of its contents, unless the contrary is shown.
Marginal note:
12 For greater certainty, Inuit laws and Inuit bylaws are not statutory instruments within the meaning of the Statutory Instruments Act.
Marginal note:
Orders and regulations
13 The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out any of the provisions of the Agreement or of the Tax Treatment Agreement.
Marginal note:
Chapter 22 of Agreement
14 Despite subsection 5(1), chapter 22 of the Agreement is deemed to have effect from August 29, 2003.
Marginal note:
Notice of issues arising
15 (1) If, in any judicial or administrative proceeding, an issue arises in respect of
(a) the interpretation or validity of the Agreement, or
(b) the validity or applicability of this Act, the enactment by the Legislature of the Province of Newfoundland and Labrador entitled the Labrador Inuit Land Claims Agreement Act or any Inuit law or Inuit bylaw,
the issue shall not be decided until the party raising the issue has served notice on the Attorney General of Canada, the Attorney General of Newfoundland and Labrador and the Nunatsiavut Government.
Marginal note:
Content of notice
(2) The notice shall(a) describe the judicial or administrative proceeding in which the issue arises;
(b) state whether the issue arises in respect of the matters referred to in paragraph (1)(a) or (b) or both;
(c) state the day on which the issue is to be argued;
(d) give particulars necessary to show the point to be argued; and
(e) be served at least 14 days before the day of argument, unless the court or tribunal authorizes a shorter period.
Marginal note:
Participation in proceedings
(3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of Canada, the Attorney General of Newfoundland and Labrador and the Nunatsiavut Government may appear and participate in the proceeding as parties with the same rights as any other party.Marginal note:
Saving
(4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.
Analysis
Summary
This passage includes several provisions regarding the judicial notice and evidence of the agreements mentioned in the document. Section 10 states that judicial notice shall be taken of the Agreement and the Tax Treatment Agreement. Additionally, these agreements must be published by the Queen's Printer, and a copy published by the Queen's Printer serves as evidence of its contents unless proven otherwise.
Section 11 specifies that judicial notice shall be taken of Inuit laws and Inuit bylaws. A copy of an Inuit law or bylaw deposited in a public registry is considered evidence of its contents, unless proven otherwise. It is clarified in section 12 that Inuit laws and bylaws are not considered statutory instruments under the Statutory Instruments Act.
Section 13 grants the Governor in Council the authority to make necessary orders and regulations to implement the provisions of the Agreement and the Tax Treatment Agreement. Section 14 states that chapter 22 of the Agreement is deemed to have effect from August 29, 2003.
Section 15 outlines the procedure to raise and decide on issues related to the interpretation or validity of the Agreement, the validity or applicability of the Act, or any Inuit law or bylaw. Parties raising such issues must serve notice on the relevant authorities before the issue can be decided. The notice must provide specific details about the proceeding, the relevant issue, and must be served at least 14 days before the argument.
In any judicial or administrative proceeding mentioned above, the Attorney General of Canada, the Attorney General of Newfoundland and Labrador, and the Nunatsiavut Government have the right to appear and participate as parties with the same rights as any other party. It is important to note that an oral hearing is not required unless it is already mandated by other requirements.
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