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

Marginal note:Allocation

141 If the Tribunal finds that both the designated Inuit organization and the occupant of the land are affected by the access, it may allocate any compensation payable between them.

Marginal note:Effect of entry order

• 142 (1) Subject to subsection (2), a person to whom an entry order is issued and every successor of that person referred to in section 163 who has notified the designated Inuit organization of the succession is entitled to have access to the land that is subject to the entry order, in accordance with the terms and conditions of the entry order.

• Marginal note:Payment of entry fee and compensation

  (2) No person may exercise the rights under an entry order until after the payment of both the entry fee fixed by regulations made under the Nunavut Land Claims Agreement Act and eighty per cent of either the lump sum or the first periodic payment, as the case may be, of the compensation referred to in the offer filed under section 138.

DIVISION 3Entry Orders for Non-Inuit-owned Land

Interpretation

Marginal note:Definitions

143 The definitions in this section apply in this Division.

non-Inuit-owned land

non-Inuit-owned land means land in Nunavut that is not Inuit-owned land and that is owned or occupied by a person other than Her Majesty in right of Canada. (terre non inuit)

occupant

occupant means, in respect of land, any person, other than the owner of the land, whose consent is required by or under another Act of Parliament as a condition of the exercise of a right of access to that land by a person who has a mineral right. (occupant)

Exercise of Mineral Rights

Marginal note:Applications for entry orders

144 On application by any person

• (a) who has a mineral right granted by Her Majesty in right of Canada,

• (b) who has, under another Act of Parliament, for the purpose of exercising that mineral right, a right of access to non-Inuit-owned land that is subject to the consent of the owner or occupant, and

• (c) who has been unable to obtain the consent of the owner or occupant,

the Tribunal shall make an entry order setting out the terms and conditions for the exercise of the right of access to the extent necessary for the purpose of exercising the mineral right.

General Rules for Orders

Marginal note:Offer of compensation

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

Marginal note:Terms and conditions

146 The Tribunal may include in an entry order in respect of a right of access

• (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 owner 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 owner or occupant of the land.

Marginal note:Compensation factors

• 147 (1) Subject to subsection (2), in determining the amount of compensation that is payable under an entry order, the Tribunal may consider such factors as it considers appropriate and, without limiting the generality of the foregoing, shall consider

  • (a) the market value of the land;

  • (b) the loss of the use of the land to the owner or occupant of the land;

  • (c) any damage that may be caused to the land;

  • (d) any nuisance and inconvenience, including noise, to the owner or occupant of the land;

  • (e) any reasonable expenses that may be incurred by the owner or occupant of the land as or on account of costs of an inspection under subparagraph 146(a)(viii); and

  • (f) any reasonable costs incurred by the owner or occupant of the land in connection with the application and the hearing.

• Marginal note:Restriction

  (2) In determining the amount of compensation payable, the Tribunal shall not consider the reversionary value of the land.

• Marginal note:Payment

  (3) The Tribunal may require compensation to be paid by one lump sum payment or by periodic payments of equal or different amounts and may require the payment of interest, at a rate to be determined in accordance with the regulations, on compensation payments made after the day on which they are required to be made.

Marginal note:Allocation

148 If the Tribunal finds that both the owner and the occupant of the land are affected by the access, it may allocate any compensation payable between them.

Marginal note:Effect of entry order

• 149 (1) Subject to subsection (2), a person to whom an entry order is issued and every successor of that person referred to in section 163 who has notified the owner or occupant of the land that is subject to the entry order of the succession is entitled to have access to that land, in accordance with the terms and conditions of the entry order.

• Marginal note:Payment of compensation

  (2) No person may exercise the rights under an entry order until after the payment of eighty per cent of either the lump sum or the first periodic payment, as the case may be, of the compensation referred to in the offer filed under section 145.

DIVISION 4Mineral Rights and Carving Stone

Specified Substances on Inuit-owned Land

Marginal note:Determinations about specified substances

150 On application by the designated Inuit organization or any person who has a mineral right granted by Her Majesty in right of Canada in relation to Inuit-owned land, the Tribunal shall

• (a) determine whether the specified substances in that land are removed, worked or used for a purpose strictly incidental to the exercise of the mineral right;

• (b) determine whether the specified substances are used for a purpose directly related to the exercise of the mineral right; or

• (c) fix the amount of compensation to be paid for specified substances that are used for a purpose not directly related to the exercise of the mineral right.

Carving Stone on Crown Lands

Marginal note:Conflicts

• 151 (1) On application by a designated Inuit organization that holds a permit or a lease for the quarrying of carving stone on Crown lands or by a person who has a mineral right granted by Her Majesty in right of Canada in relation to those lands, the Tribunal shall make an order resolving any conflict between the designated Inuit organization and that person respecting the mineral right and the rights flowing from the permit or lease.

• Definition of Crown lands

  (2) In this section, Crown lands means any lands in the Nunavut Settlement Area belonging to Her Majesty in right of Canada or of which the Government of Canada or the Government of Nunavut has power to dispose.

DIVISION 5Wildlife Compensation

Interpretation

Marginal note:Definitions

• 152 (1) The definitions in this subsection apply in this Division.

  claimant

  claimant means an Inuk or Inuit. (réclamant)

  developer

  developer means any person engaged in a development activity and includes, in the case of marine transportation as described in paragraph (c) of the definition development activity, the owner of a ship. (entrepreneur)

  development activity

  development activity means any of the following carried out on land or water in the Nunavut Settlement Area or in Zone I or Zone II, within the meaning assigned by section 1.1.1 of the Agreement:

  • (a) a commercial or industrial undertaking or any extension of the undertaking, provided it is not a marine transportation undertaking;

  • (b) a municipal, territorial, provincial or federal government undertaking or any extension of the undertaking, provided it is not a marine transportation undertaking; and

  • (c) marine transportation directly associated with an undertaking described in paragraph (a) or (b).

  It does not include any wildlife measure or use approved in accordance with Article 5 of the Agreement. (activités de développement)

  Inuk

  Inuk means an individual member of the group of persons referred to in the definition of Inuit in subsection 2(1). (Inuk)

• Marginal note:Wildlife

  (2) In this Division, wildlife does not include flora.

• Marginal note:Definitions from Marine Liability Act

  (3) For the purposes of the definition developer in subsection (1) and for the purposes of sections 153 and 154, the words discharge, oil, owner and ship have the same meaning as in section 91 of the Marine Liability Act.

Liability of Developers

Marginal note:Loss or damage

• 153 (1) Subject to this section, a developer is absolutely liable, without proof of fault or negligence, for any of the following losses or damage suffered by a claimant as a result of a development activity of the developer:

  • (a) loss of or damage to property or equipment used in harvesting wildlife or to wildlife that has been harvested;

  • (b) present and future loss of income from the harvesting of wildlife; and

  • (c) present and future loss of wildlife harvested for personal use by claimants.

• Marginal note:Exceptions

  (2) A developer is not liable under subsection (1)

  • (a) where the developer establishes that the loss or damage was wholly the result of an act of war, hostilities, a civil war, an insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character;

  • (b) where the loss or damage was caused by a ship, to the extent that the developer would not, but for subsection (1), have been liable as a result of a defence or limitation of liability available at law; or

  • (c) to the extent that the aggregate loss or damage for each incident exceeds the applicable limit of liability prescribed by, or determined pursuant to, regulations under paragraph 170(e).

• Marginal note:Claim

  (3) Any claim for compensation by a claimant, or by a designated Inuit organization or a Hunters and Trappers Organization, within the meaning assigned to that expression by section 1.1.1 of the Agreement, acting on behalf of the claimant, for loss or damage described in subsection (1) shall be made in writing to the developer within three years after the later of the date on which the loss or damage occurs and the date on which it comes to the knowledge of the claimant.

• Marginal note:Compensation

  (4) The following principles apply to the determination of the amount of compensation payable as a result of loss or damage described in subsection (1):

  • (a) a claimant is required to make all reasonable attempts to mitigate any loss or damage; and

  • (b) in general, compensation shall not be a guaranteed annual income in perpetuity.

Marginal note:Liability of Minister

• 154 (1) Without limiting the liability of the Minister where the Minister is the person engaged in the development activity or the owner of the ship that caused the loss or damage, the Minister is liable, in relation to any loss or damage that is attributable to marine transportation as described in paragraph (c) of the definition development activity in subsection 152(1) other than that resulting from a discharge of oil from a ship, for any portion of the loss or damage for which a developer is not liable because of the application of paragraph 153(2)(b) and for which no other person is liable.

• Marginal note:Liability of Fund

  (2) In relation to loss or damage resulting from a discharge of oil from a ship that is engaged in marine transportation as described in paragraph (c) of the definition development activity in subsection 152(1), the Ship-source Oil Pollution Fund established under Part 7 of the Marine Liability Act is liable to the same extent that a developer would be liable under section 153 if paragraph 153(2)(b) did not apply.

• Marginal note:Subrogation

  (3) The Administrator of the Ship-source Oil Pollution Fund is subrogated, to the extent of any payment made by the Fund under subsection (2), to any rights of the claimant in respect of the loss or damage for which that payment was made and, for that purpose, the Administrator may maintain an action in the Administrator’s name or in the name of the claimant.