Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)
Full Document:
Assented to 2002-04-30
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.
Marginal note:Reasons for decisions
160. The Tribunal shall give written reasons for every decision that it makes in relation to an application.
Marginal note:Copies
161. As soon as practicable after making a decision in relation to an application, the Tribunal shall give copies of the decision and the reasons for it to the parties.
Marginal note:Proof of orders
162. A document purporting to be an order or other decision of the Tribunal, or to be certified by the Chairperson of the Tribunal or any other person authorized by the by-laws as a true copy of such a decision, is evidence of the making of the decision and of its contents, without proof of the signature or official character of the person appearing to have signed the decision or certified the copy.
Marginal note:Order binding on successor
163. An order of the Tribunal is binding on, and the rights and obligations under it extend to, any person who subsequently acquires the ownership of or other interest or right in the land that is subject to the order and, in the case of an entry order, the right of access and the right for which the right of access was acquired.
Marginal note:Enforcement of orders
164. (1) An order of the Tribunal may be made an order of the Nunavut Court of Justice by filing a certified copy of the order with the registrar of the Court and the order is enforceable in the same manner as an order of that Court.
Marginal note:Wildlife compensation orders
(2) At the request of a claimant, the Tribunal shall file a certified copy of an order made under section 155 with the registrar of the Nunavut Court of Justice.
Marginal note:Assistance by Tribunal
165. The Tribunal may provide assistance in the enforcement of an order made under section 155.
Review of Orders
Marginal note:Findings of fact
166. Subject to sections 167 to 169 and the Federal Court Act, a determination of the Tribunal on the following questions is final and binding:
(a) on any question of fact within its jurisdiction; and
(b) in an application under section 155, on any question in relation to loss or damage described in subsection 153(1).
- Date modified: