Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)

Marginal note:Annual report

115. The Tribunal shall, within three months after the end of each fiscal year, submit to the Minister a report on its activities in that year, and shall include in the annual report information on the following matters:

• (a) its operations;

• (b) the number of applications made to it;

• (c) the orders made by it; and

• (d) such other matters as the Minister may specify.

Marginal note:Publication

116. The Tribunal shall publish the annual report.

Marginal note:Negotiations

• 117. (1) No person may apply to the Tribunal for an order unless the person has attempted to resolve the matter in dispute by negotiation in accordance with the rules made under section 130 or, until such rules have been made, in a manner satisfactory to the Tribunal.

• Marginal note:Resolved matters

  (2) The Tribunal may not hear or make an order in respect of any matter that was resolved by negotiation unless the parties consent or it appears, in the opinion of the Tribunal, that there has been a material change in the facts or circumstances that formed the basis of the negotiated resolution.

Marginal note:Matters not raised

118. The Tribunal may not make an order in respect of a matter that is not raised by any of the parties.

Marginal note:Informal and expeditious

119. An application before the Tribunal shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit and, in particular, the Tribunal

• (a) is not bound by any strict rules of evidence;

• (b) may take into account any material it considers relevant;

• (c) shall give due weight to Inuit knowledge of wildlife and the environment; and

• (d) shall, in hearing an application under Division 5, take into account the social, cultural and economic importance of wildlife to Inuit.

Marginal note:General powers of Tribunal

120. The Tribunal has, with respect to the attendance and examination of witnesses, the production and inspection of documents and all other matters necessary or proper in relation to applications before the Tribunal, all the powers, rights and privileges of a superior court.

Marginal note:Parties to a hearing

121. The following are parties to a hearing before the Tribunal:

• (a) the applicant and any other person who may apply for an order in respect of which the hearing is held; and

• (b) the owner of land that would be subject to an order in respect of which the hearing is held and any occupant of that land.