Construction in Nunavik

Construction on Category I Lands

The Nunavik Landholding Corporations (hereafter the “local Nunavik LHCs) own their respective Category I land in accordance with Section 7 of the James Bay and Northern Quebec Agreement (JBNQA) (hereafter the “Land Regime”) and the Act respecting the Land Regime in the James Bay and New Québec Territories (RSQ, c. R.13-1) (hereafter the “Act”).
The objectives of the local Nunavik LHCs are, among other responsibilities, to administer Nunavik Category I Lands on behalf and for the benefit of all JBNQA Inuit while promoting the cultural, environmental and social wellbeing of their JBNQA Inuit members. Consequently the local Nunavik LHCs as landowners are responsible for identifying and allocating rights of use and occupation over their respective Category I land.

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Moreover, pursuant to section 145 of the Act, no minerals or other subsurface rights may be obtained, extracted, mined or exercised from or with respect to any Nunavik Category I lands without the consent of the interested local Nunavik LHCs and without payment of compensation agreed upon for the use of rights over such lands.

The Land Regime and Act fully apply to all organizations, private or federal, provincial, regional and municipal institutions, their departments or agencies.

Usage and occupation of Nunavik Category I lands require that all local Nunavik LHC Permits and/or formal Authorizations be required and obtained by the local Nunavik LHCs prior to the actual use and occupation. In the event of unauthorized use and occupation of Nunavik Category I Land, local Nunavik LHCs may order to stop work, and/or to remove work already done and/or be prosecuted. Collaboration of promoters and developers is therefore essential.

For regional, major or complex new development projects, pre-application meetings with the local Nunavik LHC are recommended. Furthermore, depending on the nature of the project, other entities may also have to be consulted (Section 7.1.14 JBNQA).

In any event, the following information outlines how to prepare for and apply for an LHCs Permit for all new development projects over Nunavik Category I Lands.

Applications and Permits have been developed by the Nunavik Landholding Corporations Association and the Nunavik LHCs to assist Promoters and Developers in identifying and understanding the various policies and guidelines for use and occupation rights over Nunavik Category I land and clarify each party respective responsibilities and obligations.

Application Forms must be submitted directly to the local Nunavik LHC where the new development project is to be projected. The Application Forms can be obtained directly from the local Nunavik LHCs and are available online at each Nunavik LHC page under the Nunavik LHC's menu.

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