Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)
Full Document:
Assented to 2002-04-30
Construction Materials
Marginal note:Right to remove materials
137. (1) Subject to subsection (2), on application by the Minister or the territorial minister designated by an instrument of the Executive Council of Nunavut, in any case where the designated Inuit organization has refused entry on Inuit-owned land to remove sand, gravel or other like construction materials, the Tribunal shall make an entry order setting out the terms and conditions, including the payment of compensation, for entry on that land by agents of the Government of Canada or of the Government of Nunavut to remove those construction materials.
Marginal note:Restriction
(2) The Tribunal shall not make an entry order under subsection (1) unless it determines that the construction materials are required for public purposes and that no alternative supply is reasonably available.
Marginal note:Terms and conditions
(3) An entry order made under subsection (1) shall include terms and conditions to minimize any damage to the Inuit-owned land and interference with Inuit use of that land and shall require the rehabilitation of the site by the government that removed the construction materials.
Marginal note:Compensation
(4) In determining the amount of compensation that is payable as a term or condition of an entry order made under subsection (1), the Tribunal shall not take into account any amount that is payable for the construction materials.
General Rules for Orders
Marginal note:Offer of compensation
138. An applicant for an entry order shall file with the application a copy of the most recent written offer of compensation made to the designated Inuit organization or to the occupant of the land that would be subject to the order.
Marginal note:Terms and conditions
139. The Tribunal may include in an entry order, in addition to the terms and conditions required by this Part,
(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 designated Inuit organization 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 occupant of the land or Inuit.
Marginal note:Compensation factors
140. (1) Subject to subsection (2), in determining the amount of compensation that is payable under an 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 designated Inuit organization, the occupant of the land and Inuit;
(c) the effect on wildlife harvesting by Inuit;
(d) the adverse effect of the use or occupancy on any other Inuit-owned land;
(e) any damage that may be caused to the land;
(f) any nuisance and inconvenience, including noise, to the designated Inuit organization, the occupant of the land and Inuit;
(g) the cultural attachment of Inuit to the land;
(h) the peculiar and special value of the land to Inuit;
(i) any reasonable expenses that may be incurred by the designated Inuit organization or occupant of the land as or on account of costs of an inspection under subparagraph 139(a)(viii); and
(j) any reasonable costs incurred by the designated Inuit organization 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 or any entry fee payable.
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
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”
« terre non inuit »
“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.
“occupant”
« 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.
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.
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