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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 3Entry Orders for Non-Inuit-owned Land (continued)

General Rules for Orders (continued)

Marginal note:Allocation

 If the Tribunal finds that both the owner and the occupant of the land are affected by the access, it may allocate any compensation payable between them.

Marginal note:Effect of entry order

  •  (1) Subject to subsection (2), a person to whom an entry order is issued and every successor of that person referred to in section 163 who has notified the owner or occupant of the land that is subject to the entry order of the succession is entitled to have access to that land, in accordance with the terms and conditions of the entry order.

  • Marginal note:Payment of compensation

    (2) No person may exercise the rights under an entry order until after the payment of eighty per cent of either the lump sum or the first periodic payment, as the case may be, of the compensation referred to in the offer filed under section 145.

DIVISION 4Mineral Rights and Carving Stone

Specified Substances on Inuit-owned Land

Marginal note:Determinations about specified substances

 On application by the designated Inuit organization or any person who has a mineral right granted by Her Majesty in right of Canada in relation to Inuit-owned land, the Tribunal shall

  • (a) determine whether the specified substances in that land are removed, worked or used for a purpose strictly incidental to the exercise of the mineral right;

  • (b) determine whether the specified substances are used for a purpose directly related to the exercise of the mineral right; or

  • (c) fix the amount of compensation to be paid for specified substances that are used for a purpose not directly related to the exercise of the mineral right.

Carving Stone on Crown Lands

Marginal note:Conflicts

  •  (1) On application by a designated Inuit organization that holds a permit or a lease for the quarrying of carving stone on Crown lands or by a person who has a mineral right granted by Her Majesty in right of Canada in relation to those lands, the Tribunal shall make an order resolving any conflict between the designated Inuit organization and that person respecting the mineral right and the rights flowing from the permit or lease.

  • Definition of Crown lands

    (2) In this section, Crown lands means any lands in the Nunavut Settlement Area belonging to Her Majesty in right of Canada or of which the Government of Canada or the Government of Nunavut has power to dispose.

DIVISION 5Wildlife Compensation

Interpretation

Marginal note:Definitions

  •  (1) The definitions in this subsection apply in this Division.

    claimant

    claimant means an Inuk or Inuit. (réclamant)

    developer

    developer means any person engaged in a development activity and includes, in the case of marine transportation as described in paragraph (c) of the definition development activity, the owner of a ship. (entrepreneur)

    development activity

    development activity means any of the following carried out on land or water in the Nunavut Settlement Area or in Zone I or Zone II, within the meaning assigned by section 1.1.1 of the Agreement:

    • (a) a commercial or industrial undertaking or any extension of the undertaking, provided it is not a marine transportation undertaking;

    • (b) a municipal, territorial, provincial or federal government undertaking or any extension of the undertaking, provided it is not a marine transportation undertaking; and

    • (c) marine transportation directly associated with an undertaking described in paragraph (a) or (b).

    It does not include any wildlife measure or use approved in accordance with Article 5 of the Agreement. (activités de développement)

    Inuk

    Inuk means an individual member of the group of persons referred to in the definition of Inuit in subsection 2(1). (Inuk)

  • Marginal note:Wildlife

    (2) In this Division, wildlife does not include flora.

  • Marginal note:Definitions from Marine Liability Act

    (3) For the purposes of the definition developer in subsection (1) and for the purposes of sections 153 and 154, the words discharge, oil, owner and ship have the same meaning as in section 91 of the Marine Liability Act.

  • 2002, c. 10, s. 152
  • 2009, c. 21, s. 22

Liability of Developers

Marginal note:Loss or damage

  •  (1) Subject to this section, a developer is absolutely liable, without proof of fault or negligence, for any of the following losses or damage suffered by a claimant as a result of a development activity of the developer:

    • (a) loss of or damage to property or equipment used in harvesting wildlife or to wildlife that has been harvested;

    • (b) present and future loss of income from the harvesting of wildlife; and

    • (c) present and future loss of wildlife harvested for personal use by claimants.

  • Marginal note:Exceptions

    (2) A developer is not liable under subsection (1)

    • (a) where the developer establishes that the loss or damage was wholly the result of an act of war, hostilities, a civil war, an insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character;

    • (b) where the loss or damage was caused by a ship, to the extent that the developer would not, but for subsection (1), have been liable as a result of a defence or limitation of liability available at law; or

    • (c) to the extent that the aggregate loss or damage for each incident exceeds the applicable limit of liability prescribed by, or determined pursuant to, regulations under paragraph 170(e).

  • Marginal note:Claim

    (3) Any claim for compensation by a 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, acting on behalf of the claimant, for loss or damage described in subsection (1) shall be made in writing to the developer within three years after the later of the date on which the loss or damage occurs and the date on which it comes to the knowledge of the claimant.

  • Marginal note:Compensation

    (4) The following principles apply to the determination of the amount of compensation payable as a result of loss or damage described in subsection (1):

    • (a) a claimant is required to make all reasonable attempts to mitigate any loss or damage; and

    • (b) in general, compensation shall not be a guaranteed annual income in perpetuity.

Marginal note:Liability of Minister

  •  (1) Without limiting the liability of the Minister where the Minister is the person engaged in the development activity or the owner of the ship that caused the loss or damage, the Minister is liable, in relation to any loss or damage that is attributable to marine transportation as described in paragraph (c) of the definition development activity in subsection 152(1) other than that resulting from a discharge of oil from a ship, for any portion of the loss or damage for which a developer is not liable because of the application of paragraph 153(2)(b) and for which no other person is liable.

  • Marginal note:Liability of Fund

    (2) In relation to loss or damage resulting from a discharge of oil from a ship that is engaged in marine transportation as described in paragraph (c) of the definition development activity in subsection 152(1), the Ship-source Oil Pollution Fund established under Part 7 of the Marine Liability Act is liable to the same extent that a developer would be liable under section 153 if paragraph 153(2)(b) did not apply.

  • Marginal note:Subrogation

    (3) The Administrator of the Ship-source Oil Pollution Fund is subrogated, to the extent of any payment made by the Fund under subsection (2), to any rights of the claimant in respect of the loss or damage for which that payment was made and, for that purpose, the Administrator may maintain an action in the Administrator’s name or in the name of the claimant.

  • 2002, c. 10, s. 154
  • 2009, c. 21, s. 23

Applications to Tribunal

Marginal note:Application for order

 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.

 
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