GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 111
Government facilities and information 111 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 112
Property and contracts 112 (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. 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 113
Status 113 The Tribunal is an institution of public government but is not an agent of Her Majesty.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 114
Annual budget 114 (1) The Tribunal shall annually submit a budget for the following fiscal year to the Minister for consideration. 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. 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. 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
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 115
Annual report 115 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 116
Publication 116 The Tribunal shall publish the annual report.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 117
Negotiations 117 (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. 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 118
Matters not raised 118 The Tribunal may not make an order in respect of a matter that is not raised by any of the parties.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 119
Informal and expeditious 119 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 120
General powers of Tribunal 120 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 121
Parties to a hearing 121 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 122
Hearing in absence of party 122 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 123
Location of hearing 123 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 124
Hearing of applications 124 (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. 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. 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 125
Assignment of members 125 (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. 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. 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 126
Powers, duties and functions 126 (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. Status of order (2) Any order disposing of an application is an order of the Tribunal.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 127
Information made available 127 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 128
References to Federal Court 128 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 129
Records 129 (1) The Tribunal shall (a) keep a public record of all applications made to the Tribunal and orders and other decisions made by the Tribunal in respect of applications; (b) issue, on request and on payment of such fee as the Tribunal may fix, certified copies of any order or other decision, rule or by-law made by the Tribunal; and (c) have the custody and care of all documents filed with the Tribunal. Fees (2) Any fee received by the Tribunal under paragraph (1)(b) may be used by the Tribunal for its operations.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 130
Procedures, mediation and costs 130 (1) The Tribunal may make rules (a) respecting the practice and procedure in relation to applications to and hearings before the Tribunal, including the service of documents and the imposition of reasonable time limits; (b) establishing procedures that may be followed in the mediation of matters in dispute; and (c) respecting the allowance of costs, including rules (i) establishing a schedule of fees and other expenses incurred by a party in relation to applications to or hearings before the Tribunal that may be allowed as part of that party’s costs under this Part, and (ii) respecting the circumstances under which the Tribunal may allow costs with respect to matters dealt with in the schedule of fees and other expenses on a basis other than that established by the schedule. Negotiations (2) The Tribunal shall make rules establishing procedures to be followed in the conduct of negotiations for the purposes of subsection 117(1), either generally or with respect to any class of applications.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 131
Non-application of Statutory Instruments Act 131 Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of the rules of the Tribunal.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 132
Pre-publication 132 (1) The Tribunal shall give notice at least sixty days before making a rule by (a) publishing the proposed rule in a newspaper or other periodical that, in the opinion of the Tribunal, has a large circulation in Nunavut; and (b) sending a copy of the proposed rule 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 Tribunal about the proposed rule within sixty days after publication of the notice. Response to representations (3) The Tribunal may not make the rule 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 that results from representations made by interested persons. Publication (5) As soon as possible after the rule has been made, the Tribunal shall (a) publish it in a newspaper or other periodical that, in the opinion of the Tribunal, has a large circulation in Nunavut; and (b) publish a notice in the Canada Gazette that the rule has been made, indicating the newspaper or periodical in which it has been published.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 133
Use and occupation 133 On application by any person (a) who has a mineral right granted by Her Majesty in right of Canada in relation to Inuit-owned land, and (b) who has been unable to obtain the consent of the designated Inuit organization, the Tribunal shall make an entry order setting out the terms and conditions for the use and occupation of that land to the extent necessary for the purpose of exercising the mineral right.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 134
Prospecting right 134 (1) A person who has a right to prospect for minerals and who applies under section 133 for an entry order to exercise that right on Inuit-owned land shall make a separate application in respect of each parcel of that land. Confidentiality (2) In disposing of an application made by a person who has a right to prospect for minerals, the Tribunal shall take into account the need to provide confidentiality for that person. Definition of parcel (3) In subsection (1), parcel means the portion of land represented by a code of letters and numbers in the property description, as defined in section 19.1.1 of the Agreement, used for the purposes of conveying title to Inuit-owned land.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 135
Access to other land 135 (1) Subject to subsection (2), on application by any person (a) who requires access to Inuit-owned land in order to exercise a mineral right, granted under an Act of Parliament, in relation to any other land, and (b) who has been unable to obtain the consent of the designated Inuit organization, the Tribunal shall make an entry order setting out the terms and conditions for access to that Inuit-owned land to the extent necessary for the purpose of exercising the mineral right. Restriction (2) The Tribunal shall not make an entry order under subsection (1) unless the applicant satisfies the Tribunal that the access is reasonably required.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 136
Right to cross 136 (1) Subject to subsection (2), on application by any person (a) who requires access across Inuit-owned land for a commercial purpose, and (b) who has been unable to obtain the consent of the designated Inuit organization, the Tribunal shall make an entry order setting out the terms and conditions for the access. Restriction (2) The Tribunal shall not make an entry order under subsection (1) unless an arbitration panel established under Article 38 of the Agreement has, in accordance with the Agreement, (a) established that the applicant attempted for a period of not less than sixty days to negotiate the access in good faith; (b) determined that the access is essential to the commercial purposes of the applicant and that access by any other means is physically or financially impractical; and (c) designated a route of access that will minimize any damage to the Inuit-owned land and interference with Inuit use of that land. Terms and conditions (3) An entry order made under subsection (1) shall include terms and conditions to minimize any damage to the Inuit-owned land and interference with Inuit use of that land. Compensation dispute (4) Where the designated Inuit organization has consented to permit a person to cross Inuit-owned land for commercial purposes but that organization and that person are unable to agree on appropriate compensation, the Tribunal shall, on application by that organization or person, make an order resolving the matter.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 137
Right to remove materials 137 (1) Subject to subsection (2), on application by the Minister or the territorial minister designated by an instrument of the Executive Council of Nunavut, in any case where the designated Inuit organization has refused entry on Inuit-owned land to remove sand, gravel or other like construction materials, the Tribunal shall make an entry order setting out the terms and conditions, including the payment of compensation, for entry on that land by agents of the Government of Canada or of the Government of Nunavut to remove those construction materials. Restriction (2) The Tribunal shall not make an entry order under subsection (1) unless it determines that the construction materials are required for public purposes and that no alternative supply is reasonably available. Terms and conditions (3) An entry order made under subsection (1) shall include terms and conditions to minimize any damage to the Inuit-owned land and interference with Inuit use of that land and shall require the rehabilitation of the site by the government that removed the construction materials. Compensation (4) In determining the amount of compensation that is payable as a term or condition of an entry order made under subsection (1), the Tribunal shall not take into account any amount that is payable for the construction materials.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 138
Offer of compensation 138 An applicant for an entry order shall file with the application a copy of the most recent written offer of compensation made to the designated Inuit organization or to the occupant of the land that would be subject to the order.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 139
Terms and conditions 139 The Tribunal may include in an entry order, in addition to the terms and conditions required by this Part, (a) terms and conditions respecting any of the following matters, namely, (i) the times when the right may be exercised, (ii) the giving of notice, (iii) limitations on the location in which the right may be exercised and on routes of access, (iv) limitations on the number of persons exercising the right, (v) limitations on the activities that may be carried on and the equipment that may be used, (vi) the giving of security in accordance with the regulations and the purposes for which the security is given, (vii) abandonment and restoration work, and (viii) the right of the designated Inuit organization or occupant of the land to verify, by inspection or otherwise, whether the other terms and conditions have been complied with; and (b) any other terms and conditions that the Tribunal considers appropriate to minimize any damage to or interference with the use and peaceful enjoyment of the land by the occupant of the land or Inuit.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 140
Compensation factors 140 (1) Subject to subsection (2), in determining the amount of compensation that is payable under an order, the Tribunal may consider such factors as it considers appropriate and, without limiting the generality of the foregoing, shall consider (a) the market value of the land; (b) the loss of the use of the land to the designated Inuit organization, the occupant of the land and Inuit; (c) the effect on wildlife harvesting by Inuit; (d) the adverse effect of the use or occupancy on any other Inuit-owned land; (e) any damage that may be caused to the land; (f) any nuisance and inconvenience, including noise, to the designated Inuit organization, the occupant of the land and Inuit; (g) the cultural attachment of Inuit to the land; (h) the peculiar and special value of the land to Inuit; (i) any reasonable expenses that may be incurred by the designated Inuit organization or occupant of the land as or on account of costs of an inspection under subparagraph 139(a)(viii); and (j) any reasonable costs incurred by the designated Inuit organization in connection with the application and the hearing. Restriction (2) In determining the amount of compensation payable, the Tribunal shall not consider the reversionary value of the land or any entry fee payable. Payment (3) The Tribunal may require compensation to be paid by one lump sum payment or by periodic payments of equal or different amounts and may require the payment of interest, at a rate to be determined in accordance with the regulations, on compensation payments made after the day on which they are required to be made.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 141
Allocation 141 If the Tribunal finds that both the designated Inuit organization and the occupant of the land are affected by the access, it may allocate any compensation payable between them.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 142
Effect of entry order 142 (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 designated Inuit organization of the succession is entitled to have access to the land that is subject to the entry order, in accordance with the terms and conditions of the entry order. Payment of entry fee and compensation (2) No person may exercise the rights under an entry order until after the payment of both the entry fee fixed by regulations made under the Nunavut Land Claims Agreement Act and 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 138.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 143
Definitions 143 The definitions in this section apply in this Division. non-Inuit-owned land means land in Nunavut that is not Inuit-owned land and that is owned or occupied by a person other than Her Majesty in right of Canada. ( terre non inuit ) occupant means, in respect of land, any person, other than the owner of the land, whose consent is required by or under another Act of Parliament as a condition of the exercise of a right of access to that land by a person who has a mineral right. ( occupant )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
non-Inuit-owned land means land in Nunavut that is not Inuit-owned land and that is owned or occupied by a person other than Her Majesty in right of Canada. ( terre non inuit )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8
occupant means, in respect of land, any person, other than the owner of the land, whose consent is required by or under another Act of Parliament as a condition of the exercise of a right of access to that land by a person who has a mineral right. ( occupant )
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 144
Applications for entry orders 144 On application by any person (a) who has a mineral right granted by Her Majesty in right of Canada, (b) who has, under another Act of Parliament, for the purpose of exercising that mineral right, a right of access to non-Inuit-owned land that is subject to the consent of the owner or occupant, and (c) who has been unable to obtain the consent of the owner or occupant, the Tribunal shall make an entry order setting out the terms and conditions for the exercise of the right of access to the extent necessary for the purpose of exercising the mineral right.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 145
Offer of compensation 145 An applicant for an entry order shall file with the application a copy of the most recent written offer of compensation made to the owner or occupant of the land that would be subject to the order.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 146
Terms and conditions 146 The Tribunal may include in an entry order in respect of a right of access (a) terms and conditions respecting any of the following matters, namely, (i) the times when the right may be exercised, (ii) the giving of notice, (iii) limitations on the location in which the right may be exercised and on routes of access, (iv) limitations on the number of persons exercising the right, (v) limitations on the activities that may be carried on and the equipment that may be used, (vi) the giving of security in accordance with the regulations and the purposes for which the security is given, (vii) abandonment and restoration work, and (viii) the right of the owner or occupant of the land to verify, by inspection or otherwise, whether the other terms and conditions have been complied with; and (b) any other terms and conditions that the Tribunal considers appropriate to minimize any damage to or interference with the use and peaceful enjoyment of the land by the owner or occupant of the land.