Marginal note:Review by Tribunal

167. The Tribunal may, on application made by any person who was a party to the hearing held in respect of the order or any successor to such a party referred to in section 163, review any of its orders, including an order made under this section, where it appears, in the opinion of the Tribunal, that there has been a material change in the facts or circumstances relating to the order and shall

• (a) where it determines that there has been a material change in the facts or circumstances relating to the order that would justify the amendment applied for,

  • (i) if the effects on Inuit or on Inuit-owned land that would be caused as a result of the amendment are significantly detrimental, rescind that order and make a new order accordingly, or

  • (ii) in any other case, amend the order accordingly; or

• (b) in any other case, dismiss the application.

Marginal note:Termination

168. The Tribunal shall, on application made by any person who was a party to the hearing held in respect of the order or any successor to such a party referred to in section 163, terminate an entry order under this Part if it is satisfied that the land subject to the order is no longer being used for the purpose for which the order was made.

Marginal note:Review of compensation

• 169. (1) Except where every person to whom notice is given under subsection (2)

  • (a) waives the requirement for a review, or

  • (b) is deemed, under subsection (3), to have waived that requirement,

  the Tribunal shall review the amount of compensation payable under an order providing for compensation in relation to Inuit-owned lands at the expiry of each five year period after the day on which the order was made.

• Marginal note:Notice

  (2) The Tribunal shall, not later than sixty days before the expiry of each period referred to in subsection (1), notify, in writing, each person to whom a copy of the order was sent and any successor to such a person referred to in section 163 who has notified the Tribunal of the succession that

  • (a) the Tribunal intends to review the amount of compensation payable under the order; and

  • (b) the person may make written representations in respect of the amount of compensation to the Tribunal within thirty days after the day on which the person receives the notice.

• Marginal note:Deemed waiver

  (3) Every person who does not make representations in the manner described in paragraph (2)(b) is deemed to have waived the requirement for a review.

Regulations

Marginal note:Regulations

170. The Governor in Council may make regulations

• (a) prescribing what constitutes a material conflict of interest for the purposes of subsection 125(2);

• (b) respecting the maintenance of public records by the Tribunal;

• (c) respecting the amount of security that may be required to be given under a term or condition of an order of the Tribunal made under this Part and the nature, form, terms and conditions of the security and the manner in which the security may be realized;

• (d) prescribing, for the purposes of subsections 140(3) and 147(3), a rate of interest or rules for determining the rate of interest that may be payable on compensation payments;

• (e) prescribing, for the purposes of paragraph 153(2)(c), limits of liability of developers, or the method for determining such limits, that are sufficient to cover reasonably foreseeable damages in relation to various development activities; and

• (f) generally, for carrying out the purposes and provisions of this Part.

PART 3TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND COORDINATING AMENDMENTS AND COMING INTO FORCE

Transitional Provisions

Marginal note:Continuation of Nunavut Water Board

• 171. (1) The Board established by section 14 and the Nunavut Water Board established under the Agreement before the day on which this Act is assented to are hereby declared for all purposes to be one and the same body.

• Marginal note:Acts and decisions of the Board

  (2) Any act of the Board taken, or any decision made by it under the Agreement, before the day on which this Act is assented to is deemed, to the extent that the act or decision would have been valid under this Act, to have been validly taken or made under this Act.

• Marginal note:Ministerial approval

  (3) Any approval to the issuance of a licence by the Board that was given by the Minister before the day on which this Act is assented to is deemed to have been validly given under this Act, to the extent that the approval would have been validly given under this Act with the exception of subsections 56(2) to (2.2).

• Marginal note:Actions of inspectors

  (4) Any actions taken in Nunavut by inspectors under the Northwest Territories Waters Act, for the period beginning on July 9, 1996 and ending on the day before the day on which this Act is assented to, are deemed, to the extent that the actions would have been valid under this Act, to have been validly taken under this Act.

Marginal note:Licences

• 172. (1) This Act does not affect licences for the use of waters or the deposit of waste in Nunavut issued under the Northwest Territories Waters Act that were in force immediately before the day on which this Act is assented to. The licences are deemed to have been issued by the Nunavut Water Board under this Act.

• Marginal note:Pending applications

  (2) The Nunavut Water Board shall dispose of any application respecting a licence in relation to a use of waters or a deposit of waste to which Part 1 applies that was made to the Northwest Territories Water Board and was pending on July 9, 1996.

Marginal note:Existing regulations

• 173. (1) Until they have been replaced or repealed under this Act, the regulations and orders made under sections 33 and 34 of the Northwest Territories Waters Act that were in force on July 9, 1996 are binding on the Nunavut Water Board from that date, and continue to apply from that date in Nunavut, except in a national park, and the Board shall exercise the powers of the Northwest Territories Water Board under those regulations and orders in relation to Nunavut.

• Marginal note:Instream use

  (2) The regulations made under paragraph 33(1)(m) of the Northwest Territories Waters Act are deemed to authorize the unlicensed instream use of waters in Nunavut, except in a national park.

• Marginal note:Powers of Board

  (3) During the period of one year following the day on which this Act is assented to, the Nunavut Water Board may, by order, provide that any provision of the regulations made under paragraph 33(1)(m) or (n) of the Northwest Territories Waters Act ceases to apply in relation to Nunavut.