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

Act current to 2016-04-12 and last amended on 2015-07-09. Previous Versions

Annual Report

Marginal note:Annual report

 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.

Marginal note:Publication

 The Tribunal shall publish the annual report.

Jurisdiction of Tribunal

Marginal note:Negotiations
  •  (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.

  • Marginal note: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.

Marginal note:Matters not raised

 The Tribunal may not make an order in respect of a matter that is not raised by any of the parties.

Applications and Hearings

Marginal note:Informal and expeditious

 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.

Marginal note:General powers of Tribunal

 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.

Marginal note:Parties to a hearing

 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.

Marginal note:Hearing in absence of party

 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.

Marginal note:Location of hearing

 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.

Marginal note:Hearing of applications
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Assignment of members
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Powers, duties and functions
  •  (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.

  • Marginal note:Status of order

    (2) Any order disposing of an application is an order of the Tribunal.

Marginal note:Information made available

 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.

Marginal note:References to Federal Court

 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.

Records

Marginal note:Records
  •  (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.

  • Marginal note:Fees

    (2) Any fee received by the Tribunal under paragraph (1)(b) may be used by the Tribunal for its operations.

Rules

Marginal note:Procedures, mediation and costs
  •  (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.

  • Marginal note: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.

Marginal note:Non-application of Statutory Instruments Act

 Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of the rules of the Tribunal.

 
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