Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)

Carving Stone on Crown Lands

Marginal note:Conflicts

• 151 (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

• 152 (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.

Liability of Developers

Marginal note:Loss or damage

• 153 (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

• 154 (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.

Applications to Tribunal

Marginal note:Application for order

155 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.

Marginal note:Minimization of loss or damage

• 156 (1) In order to minimize any loss or damage suffered by a claimant, the Tribunal may

  • (a) dispose of any portion of the application that concerns loss or damage described in paragraph 153(1)(a) before any portion that concerns any other loss;

  • (b) require that interest be paid on compensation, at a rate set by the Tribunal, from the later of the date the loss or damage occurred and the date that it came to the knowledge of the claimant; and

  • (c) provide for additional compensation

    • (i) for any additional loss or damage, and

    • (ii) for costs, including costs of collecting,

    that may result from any delay in carrying out the terms of an order determining the amount of compensation.

• Marginal note:Terms of payment

  (2) The Tribunal may require compensation to be paid by one lump sum payment or by periodic payments of equal or different amounts and may order that, where the limit referred to in paragraph 153(2)(c) has been met, compensation be prorated.

• Marginal note:Apportionment of liability

  (3) If the Tribunal determines that more than one developer caused the loss or damage, it shall apportion liability in accordance with generally accepted legal principles.

Marginal note:Deadline

157 The Tribunal shall render a decision on an application within thirty days after completing the hearing of the application.

Other Remedies

Marginal note:Developer, Minister and Ship-source Oil Pollution Fund

• 158 (1) Nothing in this Division shall be construed as limiting or restricting any remedy that a developer, the Minister or the Ship-source Oil Pollution Fund may have against any person other than the claimant.

• Marginal note:Claimant

  (2) Subject to section 166, this Division is without prejudice to any other right or remedy that a claimant may have under a law of general application.

DIVISION 6General

Decisions of the Tribunal

Marginal note:Costs

159 The costs relating to an application to or a hearing before the Tribunal that are incurred by the parties are in the discretion of the Tribunal and the Tribunal may, by order, award such costs on or before the final disposition of the application.

Marginal note:Reasons for decisions

160 The Tribunal shall give written reasons for every decision that it makes in relation to an application.

Marginal note:Copies

161 As soon as practicable after making a decision in relation to an application, the Tribunal shall give copies of the decision and the reasons for it to the parties.

Marginal note:Proof of orders

162 A document purporting to be an order or other decision of the Tribunal, or to be certified by the Chairperson of the Tribunal or any other person authorized by the by-laws as a true copy of such a decision, is evidence of the making of the decision and of its contents, without proof of the signature or official character of the person appearing to have signed the decision or certified the copy.

Marginal note:Order binding on successor

163 An order of the Tribunal is binding on, and the rights and obligations under it extend to, any person who subsequently acquires the ownership of or other interest or right in the land that is subject to the order and, in the case of an entry order, the right of access and the right for which the right of access was acquired.

Marginal note:Enforcement of orders

• 164 (1) An order of the Tribunal may be made an order of the Nunavut Court of Justice by filing a certified copy of the order with the registrar of the Court and the order is enforceable in the same manner as an order of that Court.

• Marginal note:Wildlife compensation orders

  (2) At the request of a claimant, the Tribunal shall file a certified copy of an order made under section 155 with the registrar of the Nunavut Court of Justice.

Marginal note:Assistance by Tribunal

165 The Tribunal may provide assistance in the enforcement of an order made under section 155.

Review of Orders

Marginal note:Findings of fact

166 Subject to sections 167 to 169 and the Federal Courts Act, a determination of the Tribunal on the following questions is final and binding:

• (a) on any question of fact within its jurisdiction; and

• (b) in an application under section 155, on any question in relation to loss or damage described in subsection 153(1).

Marginal note:Review by Tribunal

167 The Tribunal may, on application made by any person who was a party to the hearing held in respect of the order or any successor to such a party referred to in section 163, review any of its orders, including an order made under this section, where it appears, in the opinion of the Tribunal, that there has been a material change in the facts or circumstances relating to the order and shall

• (a) where it determines that there has been a material change in the facts or circumstances relating to the order that would justify the amendment applied for,

  • (i) if the effects on Inuit or on Inuit-owned land that would be caused as a result of the amendment are significantly detrimental, rescind that order and make a new order accordingly, or

  • (ii) in any other case, amend the order accordingly; or

• (b) in any other case, dismiss the application.

Marginal note:Termination

168 The Tribunal shall, on application made by any person who was a party to the hearing held in respect of the order or any successor to such a party referred to in section 163, terminate an entry order under this Part if it is satisfied that the land subject to the order is no longer being used for the purpose for which the order was made.

Marginal note:Review of compensation

• 169 (1) Except where every person to whom notice is given under subsection (2)

  • (a) waives the requirement for a review, or

  • (b) is deemed, under subsection (3), to have waived that requirement,

  the Tribunal shall review the amount of compensation payable under an order providing for compensation in relation to Inuit-owned lands at the expiry of each five year period after the day on which the order was made.

• Marginal note:Notice

  (2) The Tribunal shall, not later than sixty days before the expiry of each period referred to in subsection (1), notify, in writing, each person to whom a copy of the order was sent and any successor to such a person referred to in section 163 who has notified the Tribunal of the succession that

  • (a) the Tribunal intends to review the amount of compensation payable under the order; and

  • (b) the person may make written representations in respect of the amount of compensation to the Tribunal within thirty days after the day on which the person receives the notice.

• Marginal note:Deemed waiver

  (3) Every person who does not make representations in the manner described in paragraph (2)(b) is deemed to have waived the requirement for a review.

Regulations

Marginal note:Regulations

170 The Governor in Council may make regulations

• (a) prescribing what constitutes a material conflict of interest for the purposes of subsection 125(2);

• (b) respecting the maintenance of public records by the Tribunal;

• (c) respecting the amount of security that may be required to be given under a term or condition of an order of the Tribunal made under this Part and the nature, form, terms and conditions of the security and the manner in which the security may be realized;

• (d) prescribing, for the purposes of subsections 140(3) and 147(3), a rate of interest or rules for determining the rate of interest that may be payable on compensation payments;

• (e) prescribing, for the purposes of paragraph 153(2)(c), limits of liability of developers, or the method for determining such limits, that are sufficient to cover reasonably foreseeable damages in relation to various development activities; and

• (f) generally, for carrying out the purposes and provisions of this Part.