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

Act current to 2015-08-04 and last amended on 2015-07-09. Previous Versions

Responsibility

Marginal note:Payment

 If a person pays the penalty, the person is considered to have committed the violation and proceedings in respect of it are ended. The Minister shall immediately notify the Board of the violation.

  • 2015, c. 19, s. 53.
Marginal note:Failure to act

 A person that neither pays the penalty within the period set out in the notice of violation nor requests a review within the period referred to in section 94.11 is considered to have committed the violation and is liable to the penalty. The Minister shall immediately notify the Board of the violation.

  • 2015, c. 19, s. 53.

Recovery of Penalties

Marginal note:Debts to Her Majesty
  •  (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

  • Marginal note:Limitation period or prescription

    (2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable.

  • 2015, c. 19, s. 53.
Marginal note:Certificate
  •  (1) The Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 94.18(1).

  • Marginal note:Registration of certificate

    (2) Registration of a certificate of non-payment in any court of competent jurisdiction has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

  • 2015, c. 19, s. 53.

General

Marginal note:Authenticity of documents

 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 94.06(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

  • 2015, c. 19, s. 53.
Marginal note:Publication

 The Board shall make public the nature of a violation, the name of the person who committed it and the amount of the penalty.

  • 2015, c. 19, s. 53.

PART 2NUNAVUT SURFACE RIGHTS TRIBUNAL

Interpretation

Marginal note:Definitions

 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.