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

Assented to 2002-04-30

Marginal note:Duties of Chairperson

 The Chairperson is the chief executive officer of the Tribunal and has such powers, duties and functions as are prescribed by the by-laws of the Tribunal.

Marginal note:Remuneration and expenses
  •  (1) The members of the Tribunal shall receive fair remuneration, as determined by the Minister, for the performance of their duties and shall be paid such travel and living expenses incurred while absent from their ordinary place of residence in the course of performing their duties as are consistent with Treasury Board directives for public servants.

  • Marginal note:Workers’ compensation

    (2) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act.

Marginal note:Indemnification of Tribunal members and employees

 The members and employees of the Tribunal shall be indemnified by the Tribunal against all damages awarded against them, any settlement paid by them with the approval of the Minister and all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members or employees, if those functions were carried out honestly and in good faith with a view to the best interests of the Tribunal.

Languages

Marginal note:Language of business
  •  (1) The Tribunal shall conduct its business in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the Minister and, on request by any designated Inuit organization, in Inuktitut.

  • Marginal note:Translation or interpretation

    (2) Subject to subsections 16(1) and (2) of the Official Languages Act, nothing in subsection (1) shall be construed to prevent the use of translation or interpretation services where a member of the Tribunal is otherwise unable to conduct business in Inuktitut or in either official language.

  • Marginal note:Witnesses

    (3) The Tribunal has, in any proceedings before it, the duty to ensure that any person giving evidence before it may be heard in Inuktitut or in either official language, and that in being so heard the person will not be placed at a disadvantage by not being heard in another of those languages.

  • Marginal note:Duty to provide simultaneous interpretation

    (4) The Tribunal has, in any proceedings before it, the duty to ensure that, at the request of any party to the proceedings, facilities are made available for the simultaneous interpretation of the proceedings, including the evidence given and taken, from Inuktitut into one of the official languages, from one of the official languages into Inuktitut or from one of the official languages into the other.

  • Marginal note:Translation of documents

    (5) The Tribunal has, in any proceedings before it, the duty to provide a translation of any document prepared in Inuktitut or in one of the official languages for the purpose of the proceedings by a party to the proceedings into one or both of the official languages or into Inuktitut or the other official language where necessary to enable another party to the proceedings to understand and deal with the document.

  • Marginal note:Translation of orders

    (6) The Tribunal shall, on the request of a party to any proceedings before it, provide a translation into Inuktitut of any order made in the proceedings, including any reasons given for the order.

Head Office and Meetings

Marginal note:Head office

 The head office of the Tribunal shall be at Iqaluit or at such other place in Nunavut as the Governor in Council may designate.

Marginal note:Business meetings
  •  (1) The meetings of the Tribunal shall be held at such times and at such places as the Tribunal considers necessary or desirable for the proper conduct of its business.

  • Marginal note:Participation by telephone

    (2) Subject to the by-laws of the Tribunal, any member may participate in a business meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Part to be present at that meeting.

By-laws

Marginal note:By-laws

 The Tribunal may make by-laws respecting the conduct and management of the internal administrative affairs of the Tribunal, including by-laws respecting the assignment of members to panels of the Tribunal.

General Powers

Marginal note:Staff

 The Tribunal may employ such officers and employees and engage the services of such agents, advisers and experts as are necessary for the proper conduct of its business and may fix the terms and conditions of their employment or engagement and pay their remuneration.

Marginal note:Government facilities and information

 In exercising its powers or performing its duties or functions, the Tribunal may, where appropriate, use the services and facilities of departments, boards and agencies of the Government of Canada or the Government of Nunavut and may, subject to any other Act of Parliament, obtain from any such department, board or agency any information that is required to exercise those powers or perform those duties or functions.

Marginal note:Property and contracts
  •  (1) The Tribunal may, for the purposes of conducting its business,

    • (a) acquire property in its own name and dispose of the property; and

    • (b) enter into contracts in its own name.

  • Marginal note:Legal proceedings

    (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Tribunal may be brought or taken by or against the Tribunal in its name in any court that would have jurisdiction if the Tribunal were a corporation.

Status

Marginal note:Status

 The Tribunal is an institution of public government but is not an agent of Her Majesty.

Financial Provisions

Marginal note:Annual budget
  •  (1) The Tribunal shall annually submit a budget for the following fiscal year to the Minister for consideration.

  • Marginal note:Accounts

    (2) The Tribunal shall maintain books of account and records in relation to them in accordance with accounting principles recommended by the Canadian Institute of Chartered Accountants or its successor.

  • Marginal note:Consolidated financial statements

    (3) The Tribunal shall, within such time after the end of each fiscal year as the Minister specifies, prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (2), and shall include in the consolidated financial statements any information or statements that are required in support of them.

  • Marginal note:Audit

    (4) The accounts, financial statements and financial transactions of the Tribunal shall be audited annually by the Auditor General of Canada. The Auditor General of Canada shall make a report of the audit to the Tribunal and the Minister.

Annual Report

Marginal note:Annual report

 The Tribunal shall, within three months after the end of each fiscal year, submit to the Minister a report on its activities in that year, and shall include in the annual report information on the following matters:

  • (a) its operations;

  • (b) the number of applications made to it;

  • (c) the orders made by it; and

  • (d) such other matters as the Minister may specify.

Marginal note:Publication

 The Tribunal shall publish the annual report.

Jurisdiction of Tribunal

Marginal note:Negotiations
  •  (1) No person may apply to the Tribunal for an order unless the person has attempted to resolve the matter in dispute by negotiation in accordance with the rules made under section 130 or, until such rules have been made, in a manner satisfactory to the Tribunal.

  • Marginal note:Resolved matters

    (2) The Tribunal may not hear or make an order in respect of any matter that was resolved by negotiation unless the parties consent or it appears, in the opinion of the Tribunal, that there has been a material change in the facts or circumstances that formed the basis of the negotiated resolution.

Marginal note:Matters not raised

 The Tribunal may not make an order in respect of a matter that is not raised by any of the parties.

Applications and Hearings

Marginal note:Informal and expeditious

 An application before the Tribunal shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit and, in particular, the Tribunal

  • (a) is not bound by any strict rules of evidence;

  • (b) may take into account any material it considers relevant;

  • (c) shall give due weight to Inuit knowledge of wildlife and the environment; and

  • (d) shall, in hearing an application under Division 5, take into account the social, cultural and economic importance of wildlife to Inuit.

Marginal note:General powers of Tribunal

 The Tribunal has, with respect to the attendance and examination of witnesses, the production and inspection of documents and all other matters necessary or proper in relation to applications before the Tribunal, all the powers, rights and privileges of a superior court.

Marginal note:Parties to a hearing

 The following are parties to a hearing before the Tribunal:

  • (a) the applicant and any other person who may apply for an order in respect of which the hearing is held; and

  • (b) the owner of land that would be subject to an order in respect of which the hearing is held and any occupant of that land.

Marginal note:Hearing in absence of party

 The Tribunal may not hear an application in the absence of any party unless

  • (a) that party consents to the holding of the hearing in their absence; or

  • (b) notice of the hearing was given to that party in accordance with the rules of the Tribunal or, in the absence of rules respecting the giving of such notice, in a manner satisfactory to the Tribunal.

 
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