Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note:Definitions

95. The definitions in this section apply in this Part.

“flora”

« espèces végétales »

“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.

“harvesting”

« exploitation »

“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.

“Tribunal”

« Tribunal »

“Tribunal” means the Nunavut Surface Rights Tribunal established by section 99.

“wildlife”

« ressources fauniques »

“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.

Marginal note: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.