DECISIONS AND ORDERS
Marginal note:Where Board is to issue reasons
26. The Board shall issue, and make available to the public, written reasons for its decisions or orders relating to any licence or any application.
Marginal note:Decisions and orders final
27. Except as provided in this Act, every decision or order of the Board is final and conclusive.
Marginal note:Appeal to Federal Court
28. (1) An appeal lies from a decision or order of the Board to the Federal Court on a question of law, or a question of jurisdiction, on leave therefor being obtained from that Court on application made within forty-five days after the making of that decision or order or within such further time as that Court, or a judge thereof, under special circumstances allows.
Marginal note:Entry of appeal
(2) No appeal lies after leave therefor has been obtained under subsection (1) unless the appeal is entered in the Federal Court within sixty days after the making of the order granting leave to appeal.
RIGHTS AND DUTIES OF LICENSEES AND OTHERS
29. (1) Where two persons have licences or other authorizations to use waters issued by any authority responsible for the management of waters in the Northwest Territories or in Nunavut, the person who first applied is entitled to the use of the waters in accordance with that person’s licence or authorization in precedence to the other person.
Marginal note:Amendments to a licence or authorization
(2) Subsection (1) applies, with such modifications as circumstances require, in respect of any rights a person acquires through an amendment to that person’s licence or authorization.
Marginal note:Renewal or assignment of a licence or authorization
(3) Subject to subsection (2), a licence or authorization that has been renewed or assigned shall, for the purposes of this section, be deemed to be a continuation of the original licence or authorization.
- 1992, c. 39, s. 29;
- 2002, c. 10, s. 188.
Marginal note:Right to sue for compensation
30. (1) Except as otherwise provided by a compensation agreement referred to in subparagraph 14(4)(a)(ii), a person who is adversely affected as a result of
(a) the issuance of a licence, or
(b) a use of water or deposit of waste authorized by regulations made under paragraph 33(1)(m) or (n)
is entitled to be compensated by the licensee, authorized user or authorized waste depositor in respect of that adverse effect, and may sue for and recover any such compensation in any court of competent jurisdiction.
Marginal note:Rights protected
(2) A person is not barred from exercising any rights conferred by subsection (1) merely because of having been paid compensation referred to in subsection 14(4), or because of having been paid compensation pursuant to paragraph 17(2)(a) or pursuant to a compensation agreement referred to in subparagraph 14(4)(a)(ii).
- Date modified: