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

Applications to Tribunal

Marginal note:Application for order

155 On application, made not less than thirty days after the making of a claim in accordance with subsection 153(3),

• (a) by the claimant, or by a designated Inuit organization or a Hunters and Trappers Organization, within the meaning assigned to that expression by section 1.1.1 of the Agreement, on behalf of the claimant,

• (b) by a developer, or

• (c) by the Minister or the Administrator of the Ship-source Oil Pollution Fund, where the Minister, under subsection 154(1), or the Fund, under subsection 154(2), may be liable,

the Tribunal shall make an order determining liability for loss or damage and the amount of compensation payable in respect of it.

Marginal note:Minimization of loss or damage

• 156 (1) In order to minimize any loss or damage suffered by a claimant, the Tribunal may

  • (a) dispose of any portion of the application that concerns loss or damage described in paragraph 153(1)(a) before any portion that concerns any other loss;

  • (b) require that interest be paid on compensation, at a rate set by the Tribunal, from the later of the date the loss or damage occurred and the date that it came to the knowledge of the claimant; and

  • (c) provide for additional compensation

    • (i) for any additional loss or damage, and

    • (ii) for costs, including costs of collecting,

    that may result from any delay in carrying out the terms of an order determining the amount of compensation.

• Marginal note:Terms of payment

  (2) The Tribunal may require compensation to be paid by one lump sum payment or by periodic payments of equal or different amounts and may order that, where the limit referred to in paragraph 153(2)(c) has been met, compensation be prorated.

• Marginal note:Apportionment of liability

  (3) If the Tribunal determines that more than one developer caused the loss or damage, it shall apportion liability in accordance with generally accepted legal principles.

Marginal note:Deadline

157 The Tribunal shall render a decision on an application within thirty days after completing the hearing of the application.

Other Remedies

Marginal note:Developer, Minister and Ship-source Oil Pollution Fund

• 158 (1) Nothing in this Division shall be construed as limiting or restricting any remedy that a developer, the Minister or the Ship-source Oil Pollution Fund may have against any person other than the claimant.

• Marginal note:Claimant

  (2) Subject to section 166, this Division is without prejudice to any other right or remedy that a claimant may have under a law of general application.

DIVISION 6General

Decisions of the Tribunal

Marginal note:Costs

159 The costs relating to an application to or a hearing before the Tribunal that are incurred by the parties are in the discretion of the Tribunal and the Tribunal may, by order, award such costs on or before the final disposition of the application.

Marginal note:Reasons for decisions

160 The Tribunal shall give written reasons for every decision that it makes in relation to an application.

Marginal note:Copies

161 As soon as practicable after making a decision in relation to an application, the Tribunal shall give copies of the decision and the reasons for it to the parties.

Marginal note:Proof of orders

162 A document purporting to be an order or other decision of the Tribunal, or to be certified by the Chairperson of the Tribunal or any other person authorized by the by-laws as a true copy of such a decision, is evidence of the making of the decision and of its contents, without proof of the signature or official character of the person appearing to have signed the decision or certified the copy.

Marginal note:Order binding on successor

163 An order of the Tribunal is binding on, and the rights and obligations under it extend to, any person who subsequently acquires the ownership of or other interest or right in the land that is subject to the order and, in the case of an entry order, the right of access and the right for which the right of access was acquired.

Marginal note:Enforcement of orders

• 164 (1) An order of the Tribunal may be made an order of the Nunavut Court of Justice by filing a certified copy of the order with the registrar of the Court and the order is enforceable in the same manner as an order of that Court.

• Marginal note:Wildlife compensation orders

  (2) At the request of a claimant, the Tribunal shall file a certified copy of an order made under section 155 with the registrar of the Nunavut Court of Justice.

Marginal note:Assistance by Tribunal

165 The Tribunal may provide assistance in the enforcement of an order made under section 155.

Review of Orders

Marginal note:Findings of fact

166 Subject to sections 167 to 169 and the Federal Courts Act, a determination of the Tribunal on the following questions is final and binding:

• (a) on any question of fact within its jurisdiction; and

• (b) in an application under section 155, on any question in relation to loss or damage described in subsection 153(1).

Marginal note:Review by Tribunal

167 The Tribunal may, on application made by any person who was a party to the hearing held in respect of the order or any successor to such a party referred to in section 163, review any of its orders, including an order made under this section, where it appears, in the opinion of the Tribunal, that there has been a material change in the facts or circumstances relating to the order and shall

• (a) where it determines that there has been a material change in the facts or circumstances relating to the order that would justify the amendment applied for,

  • (i) if the effects on Inuit or on Inuit-owned land that would be caused as a result of the amendment are significantly detrimental, rescind that order and make a new order accordingly, or

  • (ii) in any other case, amend the order accordingly; or

• (b) in any other case, dismiss the application.

Marginal note:Termination

168 The Tribunal shall, on application made by any person who was a party to the hearing held in respect of the order or any successor to such a party referred to in section 163, terminate an entry order under this Part if it is satisfied that the land subject to the order is no longer being used for the purpose for which the order was made.

Marginal note:Review of compensation

• 169 (1) Except where every person to whom notice is given under subsection (2)

  • (a) waives the requirement for a review, or

  • (b) is deemed, under subsection (3), to have waived that requirement,

  the Tribunal shall review the amount of compensation payable under an order providing for compensation in relation to Inuit-owned lands at the expiry of each five year period after the day on which the order was made.

• Marginal note:Notice

  (2) The Tribunal shall, not later than sixty days before the expiry of each period referred to in subsection (1), notify, in writing, each person to whom a copy of the order was sent and any successor to such a person referred to in section 163 who has notified the Tribunal of the succession that

  • (a) the Tribunal intends to review the amount of compensation payable under the order; and

  • (b) the person may make written representations in respect of the amount of compensation to the Tribunal within thirty days after the day on which the person receives the notice.

• Marginal note:Deemed waiver

  (3) Every person who does not make representations in the manner described in paragraph (2)(b) is deemed to have waived the requirement for a review.

Regulations

Marginal note:Regulations

170 The Governor in Council may make regulations

• (a) prescribing what constitutes a material conflict of interest for the purposes of subsection 125(2);

• (b) respecting the maintenance of public records by the Tribunal;

• (c) respecting the amount of security that may be required to be given under a term or condition of an order of the Tribunal made under this Part and the nature, form, terms and conditions of the security and the manner in which the security may be realized;

• (d) prescribing, for the purposes of subsections 140(3) and 147(3), a rate of interest or rules for determining the rate of interest that may be payable on compensation payments;

• (e) prescribing, for the purposes of paragraph 153(2)(c), limits of liability of developers, or the method for determining such limits, that are sufficient to cover reasonably foreseeable damages in relation to various development activities; and

• (f) generally, for carrying out the purposes and provisions of this Part.

PART 3Transitional Provisions, Consequential and Coordinating Amendments and Coming into Force

Transitional Provisions

Marginal note:Continuation of Nunavut Water Board

• 171 (1) The Board established by section 14 and the Nunavut Water Board established under the Agreement before the day on which this Act is assented to are hereby declared for all purposes to be one and the same body.

• Marginal note:Acts and decisions of the Board

  (2) Any act of the Board taken, or any decision made by it under the Agreement, before the day on which this Act is assented to is deemed, to the extent that the act or decision would have been valid under this Act, to have been validly taken or made under this Act.

• Marginal note:Ministerial approval

  (3) Any approval to the issuance of a licence by the Board that was given by the Minister before the day on which this Act is assented to is deemed to have been validly given under this Act, to the extent that the approval would have been validly given under this Act with the exception of subsections 56(2) to (2.2).

• Marginal note:Actions of inspectors

  (4) Any actions taken in Nunavut by inspectors under the Northwest Territories Waters Act, for the period beginning on July 9, 1996 and ending on the day before the day on which this Act is assented to, are deemed, to the extent that the actions would have been valid under this Act, to have been validly taken under this Act.

Marginal note:Licences

• 172 (1) This Act does not affect licences for the use of waters or the deposit of waste in Nunavut issued under the Northwest Territories Waters Act that were in force immediately before the day on which this Act is assented to. The licences are deemed to have been issued by the Nunavut Water Board under this Act.

• Marginal note:Pending applications

  (2) The Nunavut Water Board shall dispose of any application respecting a licence in relation to a use of waters or a deposit of waste to which Part 1 applies that was made to the Northwest Territories Water Board and was pending on July 9, 1996.

Marginal note:Existing regulations

• 173 (1) Until they have been replaced or repealed under this Act, the regulations and orders made under sections 33 and 34 of the Northwest Territories Waters Act that were in force on July 9, 1996 are binding on the Nunavut Water Board from that date, and continue to apply from that date in Nunavut, except in a national park, and the Board shall exercise the powers of the Northwest Territories Water Board under those regulations and orders in relation to Nunavut.

• Marginal note:Instream use

  (2) The regulations made under paragraph 33(1)(m) of the Northwest Territories Waters Act are deemed to authorize the unlicensed instream use of waters in Nunavut, except in a national park.

• Marginal note:Powers of Board

  (3) During the period of one year following the day on which this Act is assented to, the Nunavut Water Board may, by order, provide that any provision of the regulations made under paragraph 33(1)(m) or (n) of the Northwest Territories Waters Act ceases to apply in relation to Nunavut.

Marginal note:Applications not requiring public hearings

• 174 (1) The regulations made under paragraph 33(1)(c) of the Northwest Territories Waters Act are deemed, in relation to the use of waters or the deposit of waste in Nunavut, to prescribe, as classes of applications that are exempted from the requirement of a public hearing, the classes of applications in relation to the following:

  • (a) in the case of a Type A licence,

    • (i) any amendment that does not affect the use, flow or quality of waters or alter the term of the licence,

    • (ii) any amendment that affects the use, flow or quality of waters or alters the term of the licence, where the Nunavut Water Board, with the consent of the Minister, is of the opinion that an emergency exists that requires the amendment, or

    • (iii) one or several renewals of a total duration not exceeding sixty days; and

  • (b) in the case of a Type B licence, its issuance, amendment, renewal or cancellation.

• Marginal note:Consultation

  (2) Within one year after the day on which this Act is assented to, the Minister shall, unless regulations have been made under paragraph 82(1)(f) before that time to replace the regulations referred to in subsection (1), consult the Board on the application of subsection (1).