Marginal note:Hearing in absence of party
122. The Tribunal may not hear an application in the absence of any party unless
(a) that party consents to the holding of the hearing in their absence; or
(b) notice of the hearing was given to that party in accordance with the rules of the Tribunal or, in the absence of rules respecting the giving of such notice, in a manner satisfactory to the Tribunal.
Marginal note:Location of hearing
123. Unless the parties agree otherwise,
(a) an application under section 155 or 167 in relation to an order made under section 155 shall be heard in a community that is convenient to the claimant; and
(b) any other application shall be heard in the community that is closest to the land involved.
Marginal note:Hearing of applications
124. (1) An application to the Tribunal shall be heard by a panel consisting of three members or, if the parties consent, by one member. If one of the members of a panel is absent, the hearing may continue with only one of the members if the parties consent, but if the parties do not consent, the application shall be reheard by another panel or member.
Marginal note:Disposition of application
(2) A member who is not present during the entire hearing of an application may not participate in the disposition of the application.
Marginal note:Residency requirement
(3) Where an application involves Inuit-owned land, at least two of the members of the panel hearing the application, or in the case of an application heard by one member, that member, shall be resident in Nunavut.
Marginal note:Assignment of members
125. (1) Members shall be assigned to panels in accordance with the by-laws of the Tribunal or, in the absence of by-laws respecting the assignment of members, by the Chairperson.
Marginal note:Conflict of interest
(2) A member shall not be assigned to, or continue to, hear an application if doing so would place the member in a material conflict of interest.
Marginal note:Status of Inuk or interest in land
(3) A member is not placed in a material conflict of interest merely because the member has the status under the Agreement of an Inuk or has an interest in land in Nunavut.
Marginal note:Powers, duties and functions
126. (1) A panel, or member hearing an application, has all of the powers, and shall perform all of the duties and functions, of the Tribunal in relation to the application.
Marginal note:Status of order
(2) Any order disposing of an application is an order of the Tribunal.
- Date modified: