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

Act current to 2020-05-17 and last amended on 2019-08-28. Previous Versions

PART 2Nunavut Surface Rights Tribunal (continued)

DIVISION 1Establishment and Organization of Tribunal (continued)

General Powers (continued)

Marginal note:Government facilities and information

 In exercising its powers or performing its duties or functions, the Tribunal may, where appropriate, use the services and facilities of departments, boards and agencies of the Government of Canada or the Government of Nunavut and may, subject to any other Act of Parliament, obtain from any such department, board or agency any information that is required to exercise those powers or perform those duties or functions.

Marginal note:Property and contracts

  •  (1) The Tribunal may, for the purposes of conducting its business,

    • (a) acquire property in its own name and dispose of the property; and

    • (b) enter into contracts in its own name.

  • Marginal note:Legal proceedings

    (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Tribunal may be brought or taken by or against the Tribunal in its name in any court that would have jurisdiction if the Tribunal were a corporation.

Status

Marginal note:Status

 The Tribunal is an institution of public government but is not an agent of Her Majesty.

Financial Provisions

Marginal note:Annual budget

  •  (1) The Tribunal shall annually submit a budget for the following fiscal year to the Minister for consideration.

  • Marginal note:Accounts

    (2) The Tribunal shall maintain books of account and records in relation to them in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor.

  • Marginal note:Consolidated financial statements

    (3) The Tribunal shall, within such time after the end of each fiscal year as the Minister specifies, prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (2), and shall include in the consolidated financial statements any information or statements that are required in support of them.

  • Marginal note:Audit

    (4) The accounts, financial statements and financial transactions of the Tribunal shall be audited annually by the Auditor General of Canada. The Auditor General of Canada shall make a report of the audit to the Tribunal and the Minister.

  • 2002, c. 10, s. 114
  • 2017, c. 26, s. 62

Annual Report

Marginal note:Annual report

 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

 The Tribunal shall publish the annual report.

Jurisdiction of Tribunal

Marginal note:Negotiations

  •  (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

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

Applications and Hearings

Marginal note:Informal and expeditious

 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

 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

 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.

Marginal note:Hearing in absence of party

 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

 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

  •  (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

  •  (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

  •  (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.

Marginal note:Information made available

 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

 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.

 
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