Marginal note:Notice — on Board’s initiative

• 43.1 (1) The Board shall give notice of its intention to consider, on its own initiative, the amendment of a condition of a licence under subparagraph 43(1)(b)(ii) or (iii) or the cancellation of a licence under subparagraph 43(1)(c)(ii) or (iii), by publishing a notice on its Internet site, in the public registry, in the Canada Gazette or in a newspaper or other periodical that, in its opinion, has a large circulation in Nunavut.

• Marginal note:Exception

  (2) Subsection (1) does not apply if the Board, with the consent of the Minister, declares the amendment or the cancellation to be required on an emergency basis.

Marginal note:Term of licence

45. The term of a licence or any renewal shall not exceed

• (a) 25 years, in the case of a type A licence respecting a class of appurtenant undertakings that is prescribed by the regulations or in the case of a type B licence; or

• (b) the anticipated duration of the appurtenant undertaking, in the case of a type A licence other than one described in paragraph (a).

Time Limits

Authority to Act

Marginal note:Authority and validity

55.1 The failure of the Minister or the Board to exercise a power or perform a duty or function within a period provided for under this Part does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise or performance of their powers, duties or functions.

Decisions by Board and Approvals

Marginal note:Type A licence and type B licence if public hearing held

55.2 In the case of an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or in the case where the Board intends to consider, on its own initiative, the amendment of such a licence, the Board, subject to section 55.31, shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 43.1(1).

Marginal note:Day on which application is made

55.3 An application is considered to be made on the day on which the Board is satisfied that the application meets all the requirements under subsections 48(1) and (2).

Calculation of Time Limit

Marginal note:Commencement of time limit

55.31 If the Board is cooperating and coordinating with the Nunavut Planning Commission under subsection 36(2) or with the Nunavut Impact Review Board or a federal environmental assessment panel under subsection 37(1), the time limit referred to in section 55.2 does not begin to run until the Nunavut Planning Commission, Nunavut Impact Review Board or federal environmental assessment panel, as the case may be, has completed its screening or review of the project.

Marginal note:Excluded period — information or studies required

55.4 If the Board requires an applicant or a licensee to provide information or studies, the period that, in the Board’s opinion, is taken by the applicant or licensee to comply with that requirement is not included in the calculation of the time limit under section 55.2 or its extension.

Marginal note:Suspension of time limit

55.5 The Board may suspend the time limit referred to in section 55.2 or its extension

• (a) if the Board ceases to process or rejects an application under section 38 or 39, until it resumes processing the application;

• (b) if the Board determines that an applicant is required to pay the compensation referred to in paragraph 58(b) or to enter into a compensation agreement referred to in paragraph 58(c), until the requirements of paragraph 58(b) or (c), as the case may be, are met;

• (c) if the Board determines that an applicant is required to pay the compensation referred to in paragraph 60(1)(a) or to enter into a compensation agreement referred to in paragraph 60(1)(b), until the requirements of paragraph 60(1)(a) or (b), as the case may be, are met;

• (d) if the Board determines that an applicant is required to enter into a compensation agreement referred to in paragraph 63(1)(a) or to pay the compensation referred to in paragraph 63(1)(b), until the requirements of paragraph 63(1)(a) or (b), as the case may be, are met; or

• (e) if the Board receives notice under subsection 78(1) or 79.2(1) of the Mackenzie Valley Resource Management Act, until the requirements of subsection 78(3) or 79.2(3) of that Act, as the case may be, have been met.

Extensions

Marginal note:Extension of time limit by Minister

• 55.6 (1) The Minister may, at the request of the Board, extend the time limit referred to in section 55.2 by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.

• Marginal note:Extension of time limit by Governor in Council

  (2) The Governor in Council may, by order, on the recommendation of the Minister, further extend the time limit any number of times by periods of any length.

Marginal note:Arrangements relating to security

• 76.1 (1) If a licence is in respect of an appurtenant undertaking that is situated, partially or wholly, on Inuit-owned land, the Minister may enter into a written arrangement with the designated Inuit organization and the applicant, licensee or prospective assignee of the license that provides for

  • (a) the amount of security to be furnished and maintained by the applicant, licensee or prospective assignee, as well as the form and nature and any conditions of the security, for the purpose mentioned in paragraph 76(2)(b) or for the purpose of reimbursing the designated Inuit organization for the costs specified in the arrangement; and

  • (b) the periodic review of the security, including by taking into account any material changes to the undertaking or the risk of environmental damage, and the adjustment of the amount of the security as a result of the review.

• Marginal note:Copy of arrangement to be provided to Board

  (2) The Minister shall, as soon as possible after entering into the written arrangement described in subsection (1), provide a copy of it to the Board.

• Marginal note:Arrangement to be taken into account under subsection 76(1)

  (3) The Board shall take into account the written arrangement when it determines the amount of the security required to be furnished and maintained by the applicant, licensee or prospective assignee under subsection 76(1).

Cost Recovery

Marginal note:Obligation to pay costs

• 81.1 (1) For the Minister to recover costs that are incurred in relation to the consideration of an application for a licence or for the renewal, amendment or cancellation of a licence, the applicant or a licensee shall pay to the Minister

  • (a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Board or of its members;

  • (b) any costs incurred by the Board for services that are prescribed by the regulations and that are provided to it by a third party; and

  • (c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Minister.

• Marginal note:Debt due to Her Majesty

  (2) The amounts and costs that the applicant or a licensee must pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.