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

Act current to 2014-11-25 and last amended on 2014-04-01. Previous Versions

Construction Materials

Marginal note:Right to remove materials
  •  (1) Subject to subsection (2), on application by the Minister or the territorial minister designated by an instrument of the Executive Council of Nunavut, in any case where the designated Inuit organization has refused entry on Inuit-owned land to remove sand, gravel or other like construction materials, the Tribunal shall make an entry order setting out the terms and conditions, including the payment of compensation, for entry on that land by agents of the Government of Canada or of the Government of Nunavut to remove those construction materials.

  • Marginal note:Restriction

    (2) The Tribunal shall not make an entry order under subsection (1) unless it determines that the construction materials are required for public purposes and that no alternative supply is reasonably available.

  • 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 and shall require the rehabilitation of the site by the government that removed the construction materials.

  • Marginal note:Compensation

    (4) In determining the amount of compensation that is payable as a term or condition of an entry order made under subsection (1), the Tribunal shall not take into account any amount that is payable for the construction materials.

General Rules for Orders

Marginal note:Offer of compensation

 An applicant for an entry order shall file with the application a copy of the most recent written offer of compensation made to the designated Inuit organization or to the occupant of the land that would be subject to the order.

Marginal note:Terms and conditions

 The Tribunal may include in an entry order, in addition to the terms and conditions required by this Part,

  • (a) terms and conditions respecting any of the following matters, namely,

    • (i) the times when the right may be exercised,

    • (ii) the giving of notice,

    • (iii) limitations on the location in which the right may be exercised and on routes of access,

    • (iv) limitations on the number of persons exercising the right,

    • (v) limitations on the activities that may be carried on and the equipment that may be used,

    • (vi) the giving of security in accordance with the regulations and the purposes for which the security is given,

    • (vii) abandonment and restoration work, and

    • (viii) the right of the designated Inuit organization or occupant of the land to verify, by inspection or otherwise, whether the other terms and conditions have been complied with; and

  • (b) any other terms and conditions that the Tribunal considers appropriate to minimize any damage to or interference with the use and peaceful enjoyment of the land by the occupant of the land or Inuit.