GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 90.4
Deeming — second or subsequent offence 90.4 (1) For the purposes of paragraphs 90(2)(b), 90.1(2)(b) and 90.2(2)(b), a conviction for a particular offence under this Part is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under an Act of Parliament — or an Act of the legislature of a province — that relates to environmental or wildlife conservation or protection. Application (2) Subsection (1) applies only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under any Act of the legislature of a province. 2015, c. 19, s. 49
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 91
Other offences 91 Any person is guilty of an offence punishable on summary conviction who (a) contravenes subsection 86(4) or any regulations made under paragraph 82(1)(o), (p) or (q); or (b) wilfully obstructs or otherwise interferes with a licensee or any person acting on behalf of a licensee in the exercise of the licensee’s rights under this Part, except as authorized under this or any other Act of Parliament. 2002, c. 10, s. 91; 2015, c. 19, s. 50
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 92
Limitation period or prescription 92 No proceedings in respect of an offence under this Part are to be instituted more than five years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged offence. 2002, c. 10, s. 92; 2015, c. 19, s. 51
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 93
Action to enjoin not prejudiced by prosecution 93 (1) Despite the fact that a prosecution has been instituted in respect of an offence under subsection 90(1), 90.1(1) or 90.2(1), the Attorney General of Canada may commence and maintain proceedings to enjoin conduct that constitutes an offence under any of those subsections. Civil remedy not affected (2) No civil remedy for any act or omission is affected because the act or omission is an offence under this Part. 2002, c. 10, s. 93; 2015, c. 19, s. 52
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94
Certificate of analyst 94 (1) Subject to this section, a certificate purporting to be signed by an analyst, stating that the analyst has analysed or examined a sample submitted by an inspector and giving the results of the analysis or examination, (a) is admissible in evidence in any prosecution under this Part; and (b) in the absence of evidence to the contrary, is proof of its contents without proof of the signature or the official character of the signatory. Attendance of analyst (2) A party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. Notice (3) No certificate shall be admitted in evidence under subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.01
Ministerial regulations 94.01 (1) The Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 94.02 to 94.3, including regulations (a) designating as a violation that may be proceeded with in accordance with this Part (i) the contravention of any specified provision of this Part or of the regulations, (ii) the contravention of any order, direction or decision — or of any order, direction or decision of a specified class — made or given under this Part, or (iii) the failure to comply with a term or condition of any licence or a term or condition of a specified class of licences; (b) providing for the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation; (c) establishing the form and content of notices of violations; (d) respecting the service of documents required or authorized under this Part, including the manner and proof of service and the circumstances under which documents are considered to be served; and (e) respecting reviews by the Minister in respect of a notice of violation. Maximum amount of penalty (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for each violation must not be more than $25,000, in the case of an individual, and $100,000 in the case of any other person. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.02
Function of inspectors 94.02 Persons who are designated as inspectors under subsection 85(1) are authorized to issue notices of violation. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.03
Commission of violation 94.03 (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 94.01(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations. Purpose of penalty (2) The purpose of the penalty is to promote compliance with this Part and not to punish. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.04
Liability of directors, officers, etc. 94.04 If a corporation commits a violation, any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty in the amount that is determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Part. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.05
Proof of violation 94.05 In any proceedings under this Part against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent or mandatary of the person, whether or not the employee or agent or mandatary is identified or proceeded against in accordance with this Part. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.06
Issuance and service of notice of violation 94.06 (1) If an inspector believes on reasonable grounds that a person has committed a violation, the inspector may issue a notice of violation and cause it to be served on the person. Contents (2) The notice of violation must (a) name the person that is believed to have committed the violation; (b) set out the relevant facts surrounding the violation; (c) set out the amount of the penalty; (d) inform the person of their right to request a review with respect to the violation or the amount of the penalty, and of the period within which that right must be exercised; (e) inform the person of the time and manner of paying the penalty; and (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they are considered to have committed the violation and are liable to the penalty. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.07
Certain defences not available 94.07 (1) A person named in a notice of violation does not have a defence by reason that they (a) exercised due diligence to prevent the commission of the violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate them. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Part applies in respect of a violation to the extent that it is not inconsistent with this Part. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.08
Continuing violation 94.08 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.09
Violations or offences 94.09 (1) Proceeding with any act or omission as a violation under this Part precludes proceeding with it as an offence under this Part, and proceeding with it as an offence under this Part precludes proceeding with it as a violation under this Part. Violations not offences (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.1
Limitation period or prescription 94.1 No notice of violation is to be issued more than two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged violation. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.11
Right to request review 94.11 A person who is served with a notice of violation may — within 30 days after the day on which it is served or within any longer period that is prescribed by the regulations — make a request to the Minister for a review of the amount of the penalty or the facts of the violation, or both. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.12
Correction or cancellation of notice of violation 94.12 At any time before a request for a review in respect of a notice of violation is received by the Minister, an inspector may cancel the notice of violation or correct an error in it. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.13
Review 94.13 On receipt of a request for a review in respect of a notice of violation, the Minister shall conduct the review. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.14
Object of review 94.14 (1) The Minister shall determine, as the case may be, whether the amount of the penalty was determined in accordance with the regulations or whether the person committed the violation, or both. Determination (2) The Minister shall render a written determination, with reasons, and cause the person who requested the review to be served with a copy. A copy shall also be provided without delay to the Board. Correction of penalty (3) If the Minister determines that the amount of the penalty was not determined in accordance with the regulations, the Minister shall correct it. Responsibility to pay penalty (4) If the Minister determines that the person who requested the review committed the violation, that person is liable to the penalty as set out in the determination. Determination final (5) A determination made under this section is final and binding and, except for judicial review under the Federal Courts Act , is not subject to appeal or to review by any court. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.15
Burden of proof 94.15 If the facts of a violation are reviewed, the inspector who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.16
Payment 94.16 If a person pays the penalty, the person is considered to have committed the violation and proceedings in respect of it are ended. The Minister shall immediately notify the Board of the violation. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.17
Failure to act 94.17 A person that neither pays the penalty within the period set out in the notice of violation nor requests a review within the period referred to in section 94.11 is considered to have committed the violation and is liable to the penalty. The Minister shall immediately notify the Board of the violation. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.18
Debts to Her Majesty 94.18 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction. Limitation period or prescription (2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.19
Certificate 94.19 (1) The Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 94.18(1). Registration of certificate (2) Registration of a certificate of non-payment in any court of competent jurisdiction has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.2
Authenticity of documents 94.2 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 94.06(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 94.3
Publication 94.3 The Board shall make public the nature of a violation, the name of the person who committed it and the amount of the penalty. 2015, c. 19, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 95
Definitions 95 The definitions in this section apply in this Part. flora means terrestrial and aquatic flora and any of their parts or products. It does not include trees suitable for commercial production of lumber or other building materials except where such trees are required by Inuit for local use, land-based activities or handicraft production. ( espèces végétales ) harvesting means, in relation to wildlife, reduction into possession and includes hunting, trapping, fishing as defined in section 2 of the Fisheries Act , netting, egging, picking, collecting, gathering, spearing, killing, capturing or taking by any means. ( exploitation ) Tribunal means the Nunavut Surface Rights Tribunal established by section 99. ( Tribunal ) wildlife (a) means terrestrial, aquatic, avian and amphibian fauna in their wild state and any of their parts or products; and (b) subject to subsection 152(2), includes flora. ( ressources fauniques )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
flora means terrestrial and aquatic flora and any of their parts or products. It does not include trees suitable for commercial production of lumber or other building materials except where such trees are required by Inuit for local use, land-based activities or handicraft production. ( espèces végétales )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
harvesting means, in relation to wildlife, reduction into possession and includes hunting, trapping, fishing as defined in section 2 of the Fisheries Act , netting, egging, picking, collecting, gathering, spearing, killing, capturing or taking by any means. ( exploitation )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
Tribunal means the Nunavut Surface Rights Tribunal established by section 99. ( Tribunal )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 (a)
wildlife (a) means terrestrial, aquatic, avian and amphibian fauna in their wild state and any of their parts or products; and (b) subject to subsection 152(2), includes flora. ( ressources fauniques )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 96
Review 96 The Minister shall review the provisions of this Part, except those provisions that implement obligations under the Agreement, with the representatives of any aboriginal group that is negotiating, in relation to Nunavut, a land claim, the implementation of a treaty or self-government in order to determine whether the provisions under review are inconsistent with the matters being negotiated and, if so, whether those provisions should be amended.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 97
Access with consent 97 (1) For greater certainty, except where otherwise provided in the Agreement, no persons, other than Inuit, may enter, cross or remain on Inuit-owned land without the consent of the designated Inuit organization. Effect of entry order (2) Neither the issuance of an entry order by the Tribunal nor any term or condition of such an entry order has the effect of exempting the person to whom the entry order is issued from any obligation, restriction or prohibition imposed by an Act of Parliament, including an obligation, restriction or prohibition set out in the Agreement, or by an instrument made or issued under an Act of Parliament.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 98
Binding on Her Majesty 98 This Part is binding on Her Majesty in right of Canada or a province.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 99
Establishment 99 (1) There is hereby established the Nunavut Surface Rights Tribunal consisting of a Chairperson and not fewer than two nor more than ten other members to be appointed by the Minister. Odd number (2) The Minister shall make such appointments as are necessary to ensure that an odd number of members holds office at any time.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 100
Residency qualification 100 (1) At least two of the members shall be resident in Nunavut. Effect of ceasing to be resident (2) If the Minister determines that a member has ceased to be resident in Nunavut and that the condition imposed by subsection (1) is not satisfied, the appointment of the member is terminated as of the date on which the member receives written notification from the Minister that the determination has been made.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 101
Term of office 101 (1) A member shall be appointed to hold office for a term not exceeding 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 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-28.8 102
Reappointment 102 A member is eligible to be reappointed to the Tribunal in the same or another capacity.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 103
Duties of Chairperson 103 The Chairperson is the chief executive officer of the Tribunal and has such powers, duties and functions as are prescribed by the by-laws of the Tribunal.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 104
Remuneration and expenses 104 (1) The members of the Tribunal 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-28.8 105
Indemnification of Tribunal members and employees 105 The members and employees of the Tribunal shall be indemnified by the Tribunal 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 Tribunal.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 106
Language of business 106 (1) The Tribunal 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 any designated Inuit organization, in Inuktitut. Translation or interpretation (2) Subject to subsections 16(1) and (2) of the Official Languages Act , nothing in subsection (1) shall be construed to prevent the use of translation or interpretation services where a member of the Tribunal is otherwise unable to conduct business in Inuktitut or in either official language. Witnesses (3) The Tribunal 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. Duty to provide simultaneous interpretation (4) The Tribunal has, in any proceedings before it, the duty to ensure that, at the request of any party to the proceedings, facilities are made available for the simultaneous interpretation of the proceedings, including the evidence given and taken, from Inuktitut into one of the official languages, from one of the official languages into Inuktitut or from one of the official languages into the other. Translation of documents (5) The Tribunal has, in any proceedings before it, the duty to provide a translation of any document prepared in Inuktitut or in one of the official languages for the purpose of the proceedings by a party to the proceedings into one or both of the official languages or into Inuktitut or the other official language where necessary to enable another party to the proceedings to understand and deal with the document. Translation of orders (6) The Tribunal shall, on the request of a party to any proceedings before it, provide a translation into Inuktitut of any order made in the proceedings, including any reasons given for the order.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 107
Head office 107 The head office of the Tribunal shall be at Iqaluit or at such other place in Nunavut as the Governor in Council may designate.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 108
Business meetings 108 (1) The meetings of the Tribunal shall be held at such times and at such places as the Tribunal considers necessary or desirable for the proper conduct of its business. Participation by telephone (2) Subject to the by-laws of the Tribunal, 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-28.8 109
By-laws 109 The Tribunal may make by-laws respecting the conduct and management of the internal administrative affairs of the Tribunal, including by-laws respecting the assignment of members to panels of the Tribunal.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 110
Staff 110 The Tribunal 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.