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

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”

  « réclamant »

  “claimant” means an Inuk or Inuit.

  “developer”

  « entrepreneur »

  “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.

  “development activity”

  « activités de développement »

  “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.

  “Inuk”

  « Inuk »

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

• 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 meanings assigned to them by section 47 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 6 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.

Applications to Tribunal

Marginal note:Application for order

155. On application, made not less than thirty days after the making of a claim in accordance with subsection 153(3),

• (a) by the 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, on behalf of the claimant,

• (b) by a developer, or

• (c) by the Minister or the Administrator of the Ship-source Oil Pollution Fund, where the Minister, under subsection 154(1), or the Fund, under subsection 154(2), may be liable,

the Tribunal shall make an order determining liability for loss or damage and the amount of compensation payable in respect of it.

Marginal note:Minimization of loss or damage

• 156. (1) In order to minimize any loss or damage suffered by a claimant, the Tribunal may

  • (a) dispose of any portion of the application that concerns loss or damage described in paragraph 153(1)(a) before any portion that concerns any other loss;

  • (b) require that interest be paid on compensation, at a rate set by the Tribunal, from the later of the date the loss or damage occurred and the date that it came to the knowledge of the claimant; and

  • (c) provide for additional compensation

    • (i) for any additional loss or damage, and

    • (ii) for costs, including costs of collecting,

    that may result from any delay in carrying out the terms of an order determining the amount of compensation.

• Marginal note:Terms of payment

  (2) The Tribunal may require compensation to be paid by one lump sum payment or by periodic payments of equal or different amounts and may order that, where the limit referred to in paragraph 153(2)(c) has been met, compensation be prorated.

• Marginal note:Apportionment of liability

  (3) If the Tribunal determines that more than one developer caused the loss or damage, it shall apportion liability in accordance with generally accepted legal principles.

Marginal note:Deadline

157. The Tribunal shall render a decision on an application within thirty days after completing the hearing of the application.

Other Remedies

Marginal note:Developer, Minister and Ship-source Oil Pollution Fund

• 158. (1) Nothing in this Division shall be construed as limiting or restricting any remedy that a developer, the Minister or the Ship-source Oil Pollution Fund may have against any person other than the claimant.

• Marginal note:Claimant

  (2) Subject to section 166, this Division is without prejudice to any other right or remedy that a claimant may have under a law of general application.

Division 6General

Decisions of the Tribunal

Marginal note:Costs

159. The costs relating to an application to or a hearing before the Tribunal that are incurred by the parties are in the discretion of the Tribunal and the Tribunal may, by order, award such costs on or before the final disposition of the application.