GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 13
Right to compensation 13 (1) Except as otherwise provided by a compensation agreement referred to in this Part, a person, including the designated Inuit organization, who is adversely affected by a licensed use of waters or deposit of waste, or by an unlicensed use of waters or deposit of waste authorized by the regulations, is entitled to be compensated in respect of that adverse effect by the licensee or the person so authorized and to recover the compensation in any court of competent jurisdiction. Limitation (2) A person, including the designated Inuit organization, is entitled to recover compensation under subsection (1) only to the extent that the person is not paid compensation under any other provision of this Part in respect of the adverse effect.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 14
Establishment of Board 14 (1) There is hereby established the Nunavut Water Board, the members of which are to be appointed by the Minister. Number of members (2) Subject to sections 16 and 17, the Board consists of nine members, including the Chairperson. Proportions (3) The following rules apply to the appointment of members, other than the Chairperson: (a) one half of the members shall be appointed on the nomination of the designated Inuit organization; and (b) one quarter of the members shall be appointed on the nomination of (i) the territorial minister responsible for renewable resources, and (ii) the territorial minister or ministers designated, by an instrument of the Executive Council of Nunavut, for the purposes of this paragraph. Appointment of Chairperson (4) The Chairperson shall be appointed after consultation with the other members.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 15
Term of office 15 (1) A member of the Board shall be appointed to hold office for a term of three years. Acting after expiry of term (2) If the term of a member expires before the member has made a decision in a matter for which a public hearing is held, the member may, with the authorization of the Chairperson, continue to act as a member only in relation to that matter until the hearing is concluded and a decision is made. The office of the member is deemed to be vacant as soon as the term expires for the purpose of the appointment of a replacement.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 16
Additional members 16 Additional members may be appointed to the Board for the performance of a specified purpose, or for a term of less than three years, in the manner and the proportions provided by subsection 14(3).
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 17
Inuit of northern Quebec 17 (1) During any period preceding the ratification by the parties of an agreement to settle the offshore land claims of the Inuit of northern Quebec, the Minister shall appoint, on the nomination of Makivik, a number of substitute members of the Board equal to one-half the number appointed on the nomination of the designated Inuit organization. Role of substitute members (2) In respect of licensing decisions of the Board that apply to any area of equal use and occupancy described in Schedule 40-1 to the Agreement, the substitute members shall act in the place of such members appointed on the nomination of the designated Inuit organization as are identified by the Minister, after consultation with that organization, at the time of the appointment of the substitute members. Term (3) Subject to subsection 15(2), the term of a substitute member is three years, except that the term of that member expires on the ratification referred to in subsection (1). Status of substitute members (4) Substitute members shall not be considered to be members, except in respect of decisions referred to in subsection (2).
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 18
Oath of office 18 Before taking up their duties, members of the Board shall take and subscribe the oath of office set out in Schedule 2 before a person authorized by law to administer oaths.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 19
Removal 19 Any member of the Board may be removed for cause, but before a member who was nominated by the designated Inuit organization, Makivik or the territorial ministers is removed, the Minister shall consult the designated Inuit organization, Makivik or the territorial ministers, as the case may be.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 20
Reappointment 20 A member is eligible to be reappointed to the Board in the same or another capacity.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 21
Vacancies 21 Where the office of a member becomes vacant, the Minister shall, without delay, appoint a new member to that office, and if the vacancy occurs during the term of a member, a replacement shall be appointed only for the remainder of that term.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 22
Duties of Chairperson 22 The Chairperson is the chief executive officer of the Board and has such powers, duties and functions as are prescribed by the rules or by-laws of the Board.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 23
Conflict of interest 23 (1) No member of the Board may participate in a decision on a matter in which that member has a material conflict of interest. Status of Inuk or interest in land (2) 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 24
Remuneration and expenses 24 (1) The members of the Board shall receive fair remuneration, as determined by the Minister, for the performance of their duties and shall be paid such travel and living expenses incurred while absent from their ordinary place of residence in the course of performing their duties as are consistent with Treasury Board directives for public servants. Workers’ compensation (2) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act .
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 25
Language of business 25 (1) The Board shall conduct its business in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the Minister and, on request by a member, in Inuktitut. Public hearings (2) The Board shall conduct public hearings in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the Minister and, on request by a member, an applicant or an intervenor, in Inuktitut. Translation or interpretation (3) Nothing in subsection (1) or (2) shall be construed to prevent the use of translation or interpretation services where a member is otherwise unable to conduct business in Inuktitut or in either official language. Witnesses (4) The Board has, in any proceedings before it, the duty to ensure that any person giving evidence before it may be heard in Inuktitut or in either official language, and that in being so heard the person will not be placed at a disadvantage by not being heard in another of those languages.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 26
Head office 26 The head office of the Board shall be at Gjoa Haven or at such other place in Nunavut as the Governor in Council may designate.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 27
Business meetings 27 (1) The Board shall ordinarily hold its meetings in Nunavut. Participation by telephone (2) Subject to the rules and by-laws of the Board, any member may participate in a business meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Part to be present at that meeting.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 28
Status 28 (1) The Board is an institution of public government but is not an agent of Her Majesty. Property and contracts (2) The Board 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. Legal proceedings (3) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Board may be brought or taken by or against the Board in its name in any court that would have jurisdiction if the Board were a corporation.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 29
Panels 29 (1) The Board may establish panels of the Board and delegate any of its powers, duties and functions to them. Composition (2) Every panel shall consist of equal numbers of members appointed to the Board on the nomination of the designated Inuit organization or Makivik, as the case may be, and other members.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 30
Staff 30 The Board may employ such officers and employees and engage the services of such agents, advisers and experts as are necessary for the proper conduct of its business, and may fix the terms and conditions of their employment or engagement and pay their remuneration.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 31
Indemnification of Board members and employees 31 The members and employees of the Board shall be indemnified by the Board against all damages awarded against them, any settlement paid by them with the approval of the Minister and all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members or employees, if those functions were carried out honestly and in good faith with a view to the best interests of the Board.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 32
Annual budget 32 (1) The Board shall annually submit a budget for the following fiscal year to the Minister for consideration. Accounts (2) The Board 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. Consolidated financial statements (3) The Board 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. Audit (4) The accounts, financial statements and financial transactions of the Board shall be audited annually by the auditor of the Board and, where the Minister requests, the Auditor General of Canada. The auditor and, where applicable, the Auditor General of Canada shall make a report of the audit to the Board and the Minister. 2002, c. 10, s. 32; 2017, c. 26, s. 62
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 33
Powers of Board 33 (1) The Board may make rules and by-laws respecting the conduct and management of its business. Principles to be applied (2) The Board shall apply the following principles when making rules or by-laws for the conduct of public hearings: (a) the admission of evidence that would not normally be admissible under strict rules of evidence shall be allowed, and appropriate weight shall be given to such evidence; (b) due regard and weight shall be given to Inuit culture, customs and knowledge; and (c) procedural fairness shall be observed. Non-application of Statutory Instruments Act (3) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules and by-laws of the Board.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 34
Pre-publication 34 (1) The Board shall give notice at least sixty days in advance of making any rule or by-law about practice and procedure for applications and hearings before it by (a) publishing the proposed rule or by-law in a newspaper or other periodical that, in the opinion of the Board, has a large circulation in Nunavut; and (b) sending a copy of the proposed rule or by-law to the council of each municipality in Nunavut. Representations invited (2) The notice referred to in subsection (1) shall include an invitation to interested persons to make representations in writing to the Board about the proposed rule or by-law within sixty days after publication of the notice. Response to representations (3) The Board may not make the rule or by-law until after it has responded to any representations made within the time limit referred to in subsection (2). 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 or by-law that results from representations made by interested persons. Publication (5) As soon as possible after the rule or by-law has been made, the Board shall (a) publish it in a newspaper or other periodical that, in the opinion of the Board, has a large circulation in Nunavut; and (b) publish a notice in the Canada Gazette that the rule or by-law has been made, indicating the newspaper or periodical in which it has been published.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 35
Objects 35 The objects of the Board are to provide for the conservation and utilization of waters in Nunavut, except in a national park, in a manner that will provide the optimum benefit from those waters for the residents of Nunavut in particular and Canadians in general.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 36
Land use plans 36 (1) The Board shall contribute fully to the development of land use plans so far as they concern waters in Nunavut, by providing recommendations to the Nunavut Planning Commission. Review by Nunavut Planning Commission (2) In order to avoid unnecessary duplication and to ensure that projects are dealt with in a timely manner, the Board shall cooperate and coordinate its consideration of applications with the Nunavut Planning Commission’s review of projects under sections 76 to 85 of the Nunavut Planning and Project Assessment Act for conformity with any applicable land use plans approved under subsection 55(1) of that Act. 2002, c. 10, s. 36; 2013, c. 14, s. 6
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 37
Screening and review of projects 37 (1) In order to avoid unnecessary duplication and to ensure that projects are dealt with in a timely manner, the Board shall cooperate and coordinate its consideration of applications with the Nunavut Impact Review Board or any federal environmental assessment panel or joint panel established under subsection 115(1) or paragraph 160(1)(a) or (b) of the Nunavut Planning and Project Assessment Act in relation to the screening of projects by that Board and the review of projects by that Board or panel. Joint hearings (2) The Board may, in lieu of conducting a separate public hearing in respect of a licence in connection with a project for which a public hearing is to be held by the Nunavut Impact Review Board or the panel referred to in subsection (1), as the case may be, conduct, in relation to the project, a joint hearing with that Board or panel or participate in the hearing of that Board or panel. 2002, c. 10, s. 37; 2013, c. 14, s. 7
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 38
Restriction on powers 38 (1) The Board may not issue, renew or amend a licence to use waters or deposit waste in relation to a use or deposit, or appurtenant undertaking, that is a project within the meaning of subsection 2(1) of the Nunavut Planning and Project Assessment Act if (a) the assessment of the project under Part 3 of that Act has not been completed; (b) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(4) or (6) or 144(3) of that Act; (c) the Nunavut Planning Commission has determined, under section 77 of that Act, that the project is not in conformity with any applicable land use plan, and no minor variance or exemption has been granted in respect of the project under paragraph 81(2)(a) or 82(2)(a) of that Act, as the case may be; (d) the responsible Minister, within the meaning of subsection 73(1) of that Act, has decided that the project could be modified and an amended project proposal submitted to the Nunavut Planning Commission, or that it is not to proceed; or (e) the responsible authority, within the meaning of section 163 of that Act, has determined, under section 165 of that Act, that the project is not in conformity with the requirements set out by or under any law for which it has responsibility. Exception (2) Despite paragraph (1)(a), the Board may issue, renew or amend a licence in relation to exploration or developmental activities referred to in subsection 154(1) of the Nunavut Planning and Project Assessment Act or exploration or development activities referred to in paragraph 155(1)(a) or (b) of that Act. Non-renewal, etc. (3) Licences issued under subsection (2) must not be renewed or amended if the responsible Minister, as defined in subsection 73(1) of the Nunavut Planning and Project Assessment Act , has come to a decision under Part 3 of that Act that the project to which the activities in question relate either is not to proceed or could be modified and an amended project proposal submitted to the Commission or the responsible authority within the meaning of section 163 of that Act, as the case may be. 2002, c. 10, s. 38; 2013, c. 14, s. 8
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 40
Other water authorities 40 Where the use of waters or the deposit of waste that is the subject of an application to the Board would have a significant impact on a use of waters or a deposit of waste in a national park or any place outside Nunavut, the Board may collaborate with any body exercising powers of water management for that park or place.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 41
Marine areas 41 The Board may, either jointly with the Nunavut Planning Commission, the Nunavut Impact Review Board and the Nunavut Wildlife Management Board, as established by the Agreement, acting as the Nunavut Marine Council referred to in section 15.4.1 of the Agreement, or on its own, advise and make recommendations respecting any marine area to any department or agency of the Government of Canada or the Government of Nunavut, and those governments shall consider that advice and those recommendations when making any decision that may affect that marine area.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 42
Issuance 42 (1) Subject to this Act and on application, the Board may issue the appropriate licence. Exception (2) The Board may not issue a licence in respect of a use of waters described in paragraph 11(2)(b) or (c) or a deposit of waste described in paragraph 12(2)(b). Refusal to issue licence (3) The Board may not refuse to issue a licence merely because the regulations authorize the use of waters or the deposit of waste without a licence.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 43
Renewal, amendment and cancellation 43 (1) Subject to this Act, the Board may (a) on application by the licensee, renew a licence, with or without changes to the conditions of the licence; (b) amend, for a specified term or otherwise, any condition of a licence (i) on application by the licensee, (ii) to deal with a water shortage, or (iii) where the Board considers the amendment to be in the public interest; and (c) cancel a licence (i) on application by the licensee, (ii) where the licensee, for three successive years, fails to exercise the licensee’s rights under the licence, or (iii) where the Board considers the cancellation to be in the public interest. Renewal and amendment (2) Sections 57 to 76 apply in relation to the renewal or amendment of a licence.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 43.1
Notice — on Board’s initiative 43.1 (1) The Board shall give notice of its intention to consider, on its own initiative, the amendment of a condition of a licence under subparagraph 43(1)(b)(ii) or (iii) or the cancellation of a licence under subparagraph 43(1)(c)(ii) or (iii), by publishing a notice on its Internet site, in the public registry, in the Canada Gazette or in a newspaper or other periodical that, in its opinion, has a large circulation in Nunavut. Exception (2) Subsection (1) does not apply if the Board, with the consent of the Minister, declares the amendment or the cancellation to be required on an emergency basis. 2015, c. 19, s. 42
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 44
Assignment of licences 44 (1) A sale or other disposition by a licensee of any right, title or interest in an appurtenant undertaking constitutes, subject to the authorization of the Board, an assignment of the licence to the person to whom the sale or other disposition is made. Authorization of assignment (2) The Board shall, on application, authorize the assignment of a licence if it is satisfied that the assignment and the operation of the appurtenant undertaking would not be likely to result in a contravention of any condition of the licence or any provision of this Part or the regulations. Licence not otherwise assignable (3) Except as provided in this section, a licence is not assignable.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 45
Term of licence 45 The term of a licence or any renewal shall not exceed (a) 25 years, in the case of a type A licence respecting a class of appurtenant undertakings that is prescribed by the regulations or in the case of a type B licence; or (b) the anticipated duration of the appurtenant undertaking, in the case of a type A licence other than one described in paragraph (a). 2002, c. 10, s. 45; 2015, c. 19, s. 43
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 46
Expiry or cancellation 46 The expiry or cancellation of a licence does not relieve the holder from any obligations imposed by the licence.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 47
Precedence 47 Subject to section 62, where two persons hold licences or other authorizations to use waters issued by any authority responsible for the management of waters in the Northwest Territories or in Nunavut, the person who first applied is entitled to the use of the waters in accordance with that person’s licence or authorization in precedence to the other person.