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

Marginal note:Use and occupation

133. On application by any person

• (a) who has a mineral right granted by Her Majesty in right of Canada in relation to Inuit-owned land, and

• (b) who has been unable to obtain the consent of the designated Inuit organization,

the Tribunal shall make an entry order setting out the terms and conditions for the use and occupation of that land to the extent necessary for the purpose of exercising the mineral right.

Marginal note:Prospecting right

• 134. (1) A person who has a right to prospect for minerals and who applies under section 133 for an entry order to exercise that right on Inuit-owned land shall make a separate application in respect of each parcel of that land.

• Marginal note:Confidentiality

  (2) In disposing of an application made by a person who has a right to prospect for minerals, the Tribunal shall take into account the need to provide confidentiality for that person.

• Marginal note:Definition of “parcel”

  (3) In subsection (1), “parcel” means the portion of land represented by a code of letters and numbers in the property description, as defined in section 19.1.1 of the Agreement, used for the purposes of conveying title to Inuit-owned land.

Marginal note:Access to other land

• 135. (1) Subject to subsection (2), on application by any person

  • (a) who requires access to Inuit-owned land in order to exercise a mineral right, granted under an Act of Parliament, in relation to any other land, and

  • (b) who has been unable to obtain the consent of the designated Inuit organization,

  the Tribunal shall make an entry order setting out the terms and conditions for access to that Inuit-owned land to the extent necessary for the purpose of exercising the mineral right.

• Marginal note:Restriction

  (2) The Tribunal shall not make an entry order under subsection (1) unless the applicant satisfies the Tribunal that the access is reasonably required.

Marginal note:Right to cross

• 136. (1) Subject to subsection (2), on application by any person

  • (a) who requires access across Inuit-owned land for a commercial purpose, and

  • (b) who has been unable to obtain the consent of the designated Inuit organization,

  the Tribunal shall make an entry order setting out the terms and conditions for the access.

• Marginal note:Restriction

  (2) The Tribunal shall not make an entry order under subsection (1) unless an arbitration panel established under Article 38 of the Agreement has, in accordance with the Agreement,

  • (a) established that the applicant attempted for a period of not less than sixty days to negotiate the access in good faith;

  • (b) determined that the access is essential to the commercial purposes of the applicant and that access by any other means is physically or financially impractical; and

  • (c) designated a route of access that will minimize any damage to the Inuit-owned land and interference with Inuit use of that land.

• Marginal note:Terms and conditions

  (3) An entry order made under subsection (1) shall include terms and conditions to minimize any damage to the Inuit-owned land and interference with Inuit use of that land.

• Marginal note:Compensation dispute

  (4) Where the designated Inuit organization has consented to permit a person to cross Inuit-owned land for commercial purposes but that organization and that person are unable to agree on appropriate compensation, the Tribunal shall, on application by that organization or person, make an order resolving the matter.