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

Assented to 2002-04-30

Marginal note:Obstruction
  •  (1) No person shall wilfully obstruct or otherwise interfere with an inspector in the carrying out of functions under this Part.

  • Marginal note:False statements

    (2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector or other person engaged in carrying out functions under this Part.

Marginal note:Where work closed or abandoned
  •  (1) Where the Minister believes, on reasonable grounds, that

    • (a) a person has closed or abandoned, temporarily or permanently, a work related to the use of waters or the deposit of waste in Nunavut, except in a national park, and

    • (b) either

      • (i) the person has contravened any condition of a licence or any provision of this Part or the regulations, whether or not the condition or provision relates to the closure or abandonment, or

      • (ii) the past operation of the work or its closure or abandonment may cause a danger to persons, property or the environment,

    the Minister may take any reasonable measures to prevent, counteract, mitigate or remedy any resulting adverse effect on persons, property or the environment and may, for that purpose, enter any place in Nunavut, other than a place that is designed to be used and is being used as a permanent or temporary private dwelling-place.

  • Marginal note:Recovery of Her Majesty’s costs

    (2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada under subsection (1) that is not recoverable from the security furnished and maintained under section 76 may be recovered as a debt due to Her Majesty from the person who closed or abandoned the work, to the extent that the incurring of those costs resulted from a contravention of a condition or provision referred to in subparagraph (1)(b)(i).

Offences and Punishment

Marginal note:Principal offences
  •  (1) Any person who contravenes subsection 11(1) or section 12, or fails to comply with subsection 11(3) or with a direction given by an inspector under subsection 87(1), is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both.

  • Marginal note:Type A licences

    (2) A licensee holding a type A licence who

    • (a) contravenes any condition of the licence, where the contravention does not constitute an offence under section 91, or

    • (b) fails, without reasonable excuse, to furnish or maintain security as required under subsection 76(1)

    is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both.

  • Marginal note:Type B licences

    (3) A licensee holding a type B licence who

    • (a) contravenes any condition of the licence, where the contravention does not constitute an offence under section 91, or

    • (b) fails, without reasonable excuse, to furnish or maintain security as required under subsection 76(1)

    is guilty of an offence and liable on summary conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding six months, or to both.

  • Marginal note:Continuing offences

    (4) Where an offence under this section is committed on or continued for more than one day, it is deemed to be a separate offence for each day on which it is committed or continued.

Marginal note:Other offences

 Any person is guilty of an offence punishable on summary conviction who

  • (a) contravenes subsection 86(4) or section 88, or any regulations made under paragraph 82(1)(o), (p) or (q); or

  • (b) wilfully obstructs or otherwise interferes with a licensee or any person acting on behalf of a licensee in the exercise of the licensee’s rights under this Part, except as authorized under this or any other Act of Parliament.

Marginal note:Limitation period

 Proceedings in respect of an offence under this Part may not be instituted later than two years after the time when the subject-matter of the proceedings arose.

Marginal note:Action to enjoin not prejudiced by prosecution
  •  (1) Notwithstanding that a prosecution has been instituted in respect of an offence under section 90, the Attorney General of Canada may commence and maintain proceedings to enjoin conduct that constitutes an offence under that section.

  • Marginal note:Civil remedy not affected

    (2) No civil remedy for any act or omission is affected because the act or omission is an offence under this Part.

Marginal note:Certificate of analyst
  •  (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.

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“wildlife”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.

General Provisions

Marginal note:Review

 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.

Marginal note:Access with consent
  •  (1) For greater certainty, except where otherwise provided in the Agreement, no persons, other than Inuit, may enter, cross or remain on Inuit-owned land without the consent of the designated Inuit organization.

  • Marginal note:Effect of entry order

    (2) Neither the issuance of an entry order by the Tribunal nor any term or condition of such an entry order has the effect of exempting the person to whom the entry order is issued from any obligation, restriction or prohibition imposed by an Act of Parliament, including an obligation, restriction or prohibition set out in the Agreement, or by an instrument made or issued under an Act of Parliament.

Her Majesty

Marginal note:Binding on Her Majesty

 This Part is binding on Her Majesty in right of Canada or a province.

Division 1Establishment and Organization of Tribunal

Tribunal Established

Marginal note:Establishment
  •  (1) There is hereby established the Nunavut Surface Rights Tribunal consisting of a Chairperson and not fewer than two nor more than ten other members to be appointed by the Minister.

  • Marginal note:Odd number

    (2) The Minister shall make such appointments as are necessary to ensure that an odd number of members holds office at any time.

Marginal note:Residency qualification
  •  (1) At least two of the members shall be resident in Nunavut.

  • Marginal note:Effect of ceasing to be resident

    (2) If the Minister determines that a member has ceased to be resident in Nunavut and that the condition imposed by subsection (1) is not satisfied, the appointment of the member is terminated as of the date on which the member receives written notification from the Minister that the determination has been made.

Marginal note:Term of office
  •  (1) A member shall be appointed to hold office for a term not exceeding three years.

  • Marginal note:Acting after expiry of term

    (2) If the term of a member expires before the member has made a decision in a matter for which a hearing is held, the member may, with the authorization of the Chairperson, continue to act as a member only in relation to that matter until the hearing is concluded and a decision is made. The office of the member is deemed to be vacant as soon as the term expires for the purpose of the appointment of a replacement.

Marginal note:Reappointment

 A member is eligible to be reappointed to the Tribunal in the same or another capacity.

 
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