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

Act current to 2014-08-05 and last amended on 2014-04-01. Previous Versions

Nunavut Waters and Nunavut Surface Rights Tribunal Act

S.C. 2002, c. 10

Assented to 2002-04-30

An Act respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal and to make consequential amendments to other Acts

Preamble

WHEREAS Her Majesty the Queen in right of Canada and the Inuit of the Nunavut Settlement Area have entered into a land claims agreement that was ratified by Her Majesty when it was signed on Her behalf and when the Nunavut Land Claims Agreement Act came into force and by the Inuit when it was signed on their behalf following a ratification vote;

WHEREAS the agreement came into force on July 9, 1993 on its ratification by both parties;

AND WHEREAS the Government of Canada has undertaken in the agreement to establish the Nunavut Water Board and the Nunavut Surface Rights Tribunal as institutions of public government and to set out by statute all of their substantive powers, functions, objectives and duties;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

INTERPRETATION

Marginal note:Definitions
  •  (1) The definitions in this subsection apply in this Act.

    “Agreement”

    « Accord »

    “Agreement” means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada that was ratified, given effect and declared valid by the Nunavut Land Claims Agreement Act, which came into force on July 9, 1993, and includes any amendments to that agreement made under the agreement.

    “carving stone”

    « pierre à sculpter »

    “carving stone” means serpentinite, argillite or soapstone that is suitable for carving.

    “designated Inuit organization”

    « organisation inuit désignée »

    “designated Inuit organization” means

    • (a) except in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement,

      • (i) Tunngavik, or

      • (ii) in respect of a provision of this Act referred to in Schedule 1, any organization designated in the public record maintained by Tunngavik under the Agreement as being responsible for any function under the corresponding provision or provisions of the Agreement referred to in that Schedule; or

    • (b) in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, Makivik acting jointly with the organization determined under paragraph (a).

    “Inuit”

    « Inuit »

    “Inuit” means those persons enrolled from time to time under the terms of Article 35 of the Agreement and includes, in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, the Inuit of northern Quebec.

    “Inuit of northern Quebec”

    « Inuit du Nord québécois »

    “Inuit of northern Quebec” means the Inuit of northern Quebec within the meaning of the James Bay and Northern Quebec Agreement that was approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32.

    “Inuit-owned land”

    « terre inuit »

    “Inuit-owned land” means any land that has the status of Inuit Owned Land under the Agreement, and includes the jointly owned lands referred to in section 40.2.8 of the Agreement.

    “Inuktitut”

    « inuktitut »

    “Inuktitut” means the Inuktitut language and includes Inuinaqtuun.

    “Makivik”

    « Makivik »

    “Makivik” means the corporation established by An Act respecting the Makivik Corporation, R.S.Q., c. S-18.1, and representing the Inuit of northern Quebec.

    “mineral right”

    « droit minier »

    “mineral right” means a right to explore for, develop, produce or transport minerals, other than specified substances.

    “minerals”

    « minéraux »

    “minerals” means precious and base metals and other non-living, naturally occurring substances, whether solid, liquid or gaseous, and includes coal, oil and gas, but does not include water.

    “Minister”

    « ministre »

    “Minister” means the Minister of Indian Affairs and Northern Development.

    “specified substances”

    « matières spécifiées »

    “specified substances” means construction stone, sand, gravel, limestone, marble, gypsum, shale, clay, volcanic ash, earth, soil, diatomaceous earth, ochre, marl, peat and carving stone.

    “Tunngavik”

    « Tunngavik »

    “Tunngavik” means Nunavut Tunngavik Incorporated, a corporation without share capital incorporated under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, and any successor to that corporation.

  • Meaning of “Nunavut Settlement Area”

    (2) In this Act, “Nunavut Settlement Area” has the meaning assigned to that expression by section 3.1.1 of the Agreement.