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

Marginal note:Information made available

127. Before disposing of an application, the Tribunal shall make any information that it intends to use in the disposition available to the parties and provide them with a reasonable opportunity to respond to the information.

Marginal note:References to Federal Court

128. The Tribunal may, at any stage of its proceedings, refer to the Federal Court any question or issue of law or of jurisdiction, other than a question or issue that has been referred to an arbitration panel established under Article 38 of the Agreement.

Marginal note:Records

• 129. (1) The Tribunal shall

  • (a) keep a public record of all applications made to the Tribunal and orders and other decisions made by the Tribunal in respect of applications;

  • (b) issue, on request and on payment of such fee as the Tribunal may fix, certified copies of any order or other decision, rule or by-law made by the Tribunal; and

  • (c) have the custody and care of all documents filed with the Tribunal.

• Marginal note:Fees

  (2) Any fee received by the Tribunal under paragraph (1)(b) may be used by the Tribunal for its operations.

Marginal note:Procedures, mediation and costs

• 130. (1) The Tribunal may make rules

  • (a) respecting the practice and procedure in relation to applications to and hearings before the Tribunal, including the service of documents and the imposition of reasonable time limits;

  • (b) establishing procedures that may be followed in the mediation of matters in dispute; and

  • (c) respecting the allowance of costs, including rules

    • (i) establishing a schedule of fees and other expenses incurred by a party in relation to applications to or hearings before the Tribunal that may be allowed as part of that party’s costs under this Part, and

    • (ii) respecting the circumstances under which the Tribunal may allow costs with respect to matters dealt with in the schedule of fees and other expenses on a basis other than that established by the schedule.

• Marginal note:Negotiations

  (2) The Tribunal shall make rules establishing procedures to be followed in the conduct of negotiations for the purposes of subsection 117(1), either generally or with respect to any class of applications.

Marginal note:Non-application of Statutory Instruments Act

131. Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of the rules of the Tribunal.

Marginal note:Pre-publication

• 132. (1) The Tribunal shall give notice at least sixty days before making a rule by

  • (a) publishing the proposed rule in a newspaper or other periodical that, in the opinion of the Tribunal, has a large circulation in Nunavut; and

  • (b) sending a copy of the proposed rule to the council of each municipality in Nunavut.

• Marginal note:Representations invited

  (2) The notice referred to in subsection (1) shall include an invitation to interested persons to make representations in writing to the Tribunal about the proposed rule within sixty days after publication of the notice.

• Marginal note:Response to representations

  (3) The Tribunal may not make the rule until after it has responded to any representations made within the time limit referred to in subsection (2).

• Marginal note:Exception

  (4) Once a notice is published under subsection (1), no further notice is required to be published about any amendment to the proposed rule that results from representations made by interested persons.

• Marginal note:Publication

  (5) As soon as possible after the rule has been made, the Tribunal shall

  • (a) publish it in a newspaper or other periodical that, in the opinion of the Tribunal, has a large circulation in Nunavut; and

  • (b) publish a notice in the Canada Gazette that the rule has been made, indicating the newspaper or periodical in which it has been published.