Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 77
Permission to expropriate 77 (1) An applicant for a licence, or a licensee, may apply to the Board for permission from the Minister to expropriate, in accordance with the Expropriation Act , land or an interest in land in Nunavut, and the Minister may grant that permission where the Minister, on the recommendation of the Board, is satisfied that (a) the land or interest is reasonably required in relation to an appurtenant undertaking by the applicant or licensee; (b) the applicant or licensee has been unable to acquire the land or interest despite reasonable efforts to do so; and (c) it is in the public interest that such permission be granted. Notice to appropriate minister (2) Where the Minister grants permission under subsection (1), the applicant or licensee shall so advise the appropriate minister in relation to Part I of the Expropriation Act . Expropriation Act (3) For the purposes of the Expropriation Act , land or an interest in land in respect of which the Minister has granted permission to expropriate is deemed to be an interest in land that, in the opinion of the appropriate minister in relation to Part I of the Expropriation Act , is required for a public work or other public purpose, and a reference to the Crown in that Act shall be read as a reference to the applicant or licensee. Inuit-owned land (4) When Inuit-owned land is expropriated and the designated Inuit organization and the applicant or licensee do not agree on the compensation to be paid, notwithstanding subsection (1), subsections 30(3) to (6) of the Expropriation Act do not apply and (a) if both parties make a request to the Arbitration Board established under Article 38 of the Agreement, the Arbitration Board shall (i) appoint a person who is acceptable to both parties to act as a negotiator for the purposes of section 30 of the Expropriation Act , and (ii) fix the remuneration and expenses, to be paid in equal shares by both parties to that person, for the period, not to exceed eight hours unless the parties agree to an extension of the number of hours, that the person performs the duties described in paragraphs (b) and (c); (b) the negotiator shall, on reasonable notice to the parties, meet with them or their authorized representatives, make any inspection of the land that the negotiator believes necessary, receive and consider appraisals, valuations or other written or oral evidence on which the parties rely for their estimation of the amount of compensation payable, whether or not the evidence would be admissible in proceedings before a court, and endeavour to effect a settlement; (c) the negotiator shall, within sixty days after the service of the notice to negotiate, report in writing to each of the parties and to the Arbitration Board concerning the success or failure in the matter of the negotiation; (d) if the negotiation is not successful, or if there are no negotiations, (i) sections 31 to 33 of the Expropriation Act do not apply, and compensation shall be determined by arbitration as set out in Article 38 of the Agreement, (ii) in section 35 and subsection 36(1) of that Act, the term “adjudged” shall be read as “determined”, (iii) in section 35 and in subsections 36(1) and (5) of that Act, the term “the Court” shall be read as “the arbitration panel”, and (iv) in subsections 36(2) and (3) of that Act, the term “judgment” shall be read as “the arbitration determination”; and (e) evidence of anything said or of any admission made in the course of a negotiation under this subsection is not admissible in any proceedings before a court for the recovery of the compensation payable to the designated Inuit organization, or before an arbitration panel established under Article 38 of the Agreement for the determination of the compensation. Charges for services (5) The appropriate minister in relation to Part I of the Expropriation Act may make regulations prescribing fees or charges to be paid by an applicant or a licensee in respect of an exprop