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

Marginal note:Powers of Board

• 33. (1) The Board may make rules and by-laws respecting the conduct and management of its business.

• Marginal note:Principles to be applied

  (2) The Board shall apply the following principles when making rules or by-laws for the conduct of public hearings:

  • (a) the admission of evidence that would not normally be admissible under strict rules of evidence shall be allowed, and appropriate weight shall be given to such evidence;

  • (b) due regard and weight shall be given to Inuit culture, customs and knowledge; and

  • (c) procedural fairness shall be observed.

• Marginal note:Non-application of Statutory Instruments Act

  (3) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules and by-laws of the Board.

Marginal note:Pre-publication

• 34. (1) The Board shall give notice at least sixty days in advance of making any rule or by-law about practice and procedure for applications and hearings before it by

  • (a) publishing the proposed rule or by-law in a newspaper or other periodical that, in the opinion of the Board, has a large circulation in Nunavut; and

  • (b) sending a copy of the proposed rule or by-law to the council of each municipality in Nunavut.

• Marginal note:Representations invited

  (2) The notice referred to in subsection (1) shall include an invitation to interested persons to make representations in writing to the Board about the proposed rule or by-law within sixty days after publication of the notice.

• Marginal note:Response to representations

  (3) The Board may not make the rule or by-law until after it has responded to any representations made within the time limit referred to in subsection (2).

• Marginal note:Exception

  (4) Once a notice is published under subsection (1), no further notice is required to be published about any amendment to the proposed rule or by-law that results from representations made by interested persons.

• Marginal note:Publication

  (5) As soon as possible after the rule or by-law has been made, the Board shall

  • (a) publish it in a newspaper or other periodical that, in the opinion of the Board, has a large circulation in Nunavut; and

  • (b) publish a notice in the Canada Gazette that the rule or by-law has been made, indicating the newspaper or periodical in which it has been published.

Marginal note:Objects

35. The objects of the Board are to provide for the conservation and utilization of waters in Nunavut, except in a national park, in a manner that will provide the optimum benefit from those waters for the residents of Nunavut in particular and Canadians in general.