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

General Provisions

Marginal note:Review

96. The Minister shall review the provisions of this Part, except those provisions that implement obligations under the Agreement, with the representatives of any aboriginal group that is negotiating, in relation to Nunavut, a land claim, the implementation of a treaty or self-government in order to determine whether the provisions under review are inconsistent with the matters being negotiated and, if so, whether those provisions should be amended.

Marginal note:Access with consent

• 97. (1) For greater certainty, except where otherwise provided in the Agreement, no persons, other than Inuit, may enter, cross or remain on Inuit-owned land without the consent of the designated Inuit organization.

• Marginal note:Effect of entry order

  (2) Neither the issuance of an entry order by the Tribunal nor any term or condition of such an entry order has the effect of exempting the person to whom the entry order is issued from any obligation, restriction or prohibition imposed by an Act of Parliament, including an obligation, restriction or prohibition set out in the Agreement, or by an instrument made or issued under an Act of Parliament.

Her Majesty

Marginal note:Binding on Her Majesty

98. This Part is binding on Her Majesty in right of Canada or a province.

Division 1Establishment and Organization of Tribunal

Tribunal Established

Marginal note:Establishment

• 99. (1) There is hereby established the Nunavut Surface Rights Tribunal consisting of a Chairperson and not fewer than two nor more than ten other members to be appointed by the Minister.

• Marginal note:Odd number

  (2) The Minister shall make such appointments as are necessary to ensure that an odd number of members holds office at any time.

Marginal note:Residency qualification

• 100. (1) At least two of the members shall be resident in Nunavut.

• Marginal note:Effect of ceasing to be resident

  (2) If the Minister determines that a member has ceased to be resident in Nunavut and that the condition imposed by subsection (1) is not satisfied, the appointment of the member is terminated as of the date on which the member receives written notification from the Minister that the determination has been made.

Marginal note:Term of office

• 101. (1) A member shall be appointed to hold office for a term not exceeding three years.

• Marginal note:Acting after expiry of term

  (2) If the term of a member expires before the member has made a decision in a matter for which a hearing is held, the member may, with the authorization of the Chairperson, continue to act as a member only in relation to that matter until the hearing is concluded and a decision is made. The office of the member is deemed to be vacant as soon as the term expires for the purpose of the appointment of a replacement.

Marginal note:Reappointment

102. A member is eligible to be reappointed to the Tribunal in the same or another capacity.

Marginal note:Duties of Chairperson

103. The Chairperson is the chief executive officer of the Tribunal and has such powers, duties and functions as are prescribed by the by-laws of the Tribunal.

Marginal note:Remuneration and expenses

• 104. (1) The members of the Tribunal shall receive fair remuneration, as determined by the Minister, for the performance of their duties and shall be paid such travel and living expenses incurred while absent from their ordinary place of residence in the course of performing their duties as are consistent with Treasury Board directives for public servants.

• Marginal note:Workers’ compensation

  (2) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act.

Marginal note:Indemnification of Tribunal members and employees

105. The members and employees of the Tribunal shall be indemnified by the Tribunal against all damages awarded against them, any settlement paid by them with the approval of the Minister and all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members or employees, if those functions were carried out honestly and in good faith with a view to the best interests of the Tribunal.

Languages

Marginal note:Language of business

• 106. (1) The Tribunal shall conduct its business in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the Minister and, on request by any designated Inuit organization, in Inuktitut.

• Marginal note:Translation or interpretation

  (2) Subject to subsections 16(1) and (2) of the Official Languages Act, nothing in subsection (1) shall be construed to prevent the use of translation or interpretation services where a member of the Tribunal is otherwise unable to conduct business in Inuktitut or in either official language.

• Marginal note:Witnesses

  (3) The Tribunal has, in any proceedings before it, the duty to ensure that any person giving evidence before it may be heard in Inuktitut or in either official language, and that in being so heard the person will not be placed at a disadvantage by not being heard in another of those languages.

• Marginal note:Duty to provide simultaneous interpretation

  (4) The Tribunal has, in any proceedings before it, the duty to ensure that, at the request of any party to the proceedings, facilities are made available for the simultaneous interpretation of the proceedings, including the evidence given and taken, from Inuktitut into one of the official languages, from one of the official languages into Inuktitut or from one of the official languages into the other.

• Marginal note:Translation of documents

  (5) The Tribunal has, in any proceedings before it, the duty to provide a translation of any document prepared in Inuktitut or in one of the official languages for the purpose of the proceedings by a party to the proceedings into one or both of the official languages or into Inuktitut or the other official language where necessary to enable another party to the proceedings to understand and deal with the document.

• Marginal note:Translation of orders

  (6) The Tribunal shall, on the request of a party to any proceedings before it, provide a translation into Inuktitut of any order made in the proceedings, including any reasons given for the order.

Head Office and Meetings

Marginal note:Head office

107. The head office of the Tribunal shall be at Iqaluit or at such other place in Nunavut as the Governor in Council may designate.

Marginal note:Business meetings

• 108. (1) The meetings of the Tribunal shall be held at such times and at such places as the Tribunal considers necessary or desirable for the proper conduct of its business.

• Marginal note:Participation by telephone

  (2) Subject to the by-laws of the Tribunal, any member may participate in a business meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Part to be present at that meeting.

By-laws

Marginal note:By-laws

109. The Tribunal may make by-laws respecting the conduct and management of the internal administrative affairs of the Tribunal, including by-laws respecting the assignment of members to panels of the Tribunal.

General Powers

Marginal note:Staff

110. The Tribunal may employ such officers and employees and engage the services of such agents, advisers and experts as are necessary for the proper conduct of its business and may fix the terms and conditions of their employment or engagement and pay their remuneration.

Marginal note:Government facilities and information

111. In exercising its powers or performing its duties or functions, the Tribunal may, where appropriate, use the services and facilities of departments, boards and agencies of the Government of Canada or the Government of Nunavut and may, subject to any other Act of Parliament, obtain from any such department, board or agency any information that is required to exercise those powers or perform those duties or functions.

Marginal note:Property and contracts

• 112. (1) The Tribunal may, for the purposes of conducting its business,

  • (a) acquire property in its own name and dispose of the property; and

  • (b) enter into contracts in its own name.

• Marginal note:Legal proceedings

  (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Tribunal may be brought or taken by or against the Tribunal in its name in any court that would have jurisdiction if the Tribunal were a corporation.

Status

Marginal note:Status

113. The Tribunal is an institution of public government but is not an agent of Her Majesty.

Financial Provisions

Marginal note:Annual budget

• 114. (1) The Tribunal shall annually submit a budget for the following fiscal year to the Minister for consideration.

• Marginal note:Accounts

  (2) The Tribunal shall maintain books of account and records in relation to them in accordance with accounting principles recommended by the Canadian Institute of Chartered Accountants or its successor.

• Marginal note:Consolidated financial statements

  (3) The Tribunal shall, within such time after the end of each fiscal year as the Minister specifies, prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (2), and shall include in the consolidated financial statements any information or statements that are required in support of them.

• Marginal note:Audit

  (4) The accounts, financial statements and financial transactions of the Tribunal shall be audited annually by the Auditor General of Canada. The Auditor General of Canada shall make a report of the audit to the Tribunal and the Minister.

Annual Report

Marginal note:Annual report

115. The Tribunal shall, within three months after the end of each fiscal year, submit to the Minister a report on its activities in that year, and shall include in the annual report information on the following matters:

• (a) its operations;

• (b) the number of applications made to it;

• (c) the orders made by it; and

• (d) such other matters as the Minister may specify.

Marginal note:Publication

116. The Tribunal shall publish the annual report.

Jurisdiction of Tribunal

Marginal note:Negotiations

• 117. (1) No person may apply to the Tribunal for an order unless the person has attempted to resolve the matter in dispute by negotiation in accordance with the rules made under section 130 or, until such rules have been made, in a manner satisfactory to the Tribunal.

• Marginal note:Resolved matters

  (2) The Tribunal may not hear or make an order in respect of any matter that was resolved by negotiation unless the parties consent or it appears, in the opinion of the Tribunal, that there has been a material change in the facts or circumstances that formed the basis of the negotiated resolution.

Marginal note:Matters not raised

118. The Tribunal may not make an order in respect of a matter that is not raised by any of the parties.

Applications and Hearings

Marginal note:Informal and expeditious

119. An application before the Tribunal shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit and, in particular, the Tribunal

• (a) is not bound by any strict rules of evidence;

• (b) may take into account any material it considers relevant;

• (c) shall give due weight to Inuit knowledge of wildlife and the environment; and

• (d) shall, in hearing an application under Division 5, take into account the social, cultural and economic importance of wildlife to Inuit.

Marginal note:General powers of Tribunal

120. The Tribunal has, with respect to the attendance and examination of witnesses, the production and inspection of documents and all other matters necessary or proper in relation to applications before the Tribunal, all the powers, rights and privileges of a superior court.

Marginal note:Parties to a hearing

121. The following are parties to a hearing before the Tribunal:

• (a) the applicant and any other person who may apply for an order in respect of which the hearing is held; and

• (b) the owner of land that would be subject to an order in respect of which the hearing is held and any occupant of that land.

Marginal note:Hearing in absence of party

122. The Tribunal may not hear an application in the absence of any party unless

• (a) that party consents to the holding of the hearing in their absence; or

• (b) notice of the hearing was given to that party in accordance with the rules of the Tribunal or, in the absence of rules respecting the giving of such notice, in a manner satisfactory to the Tribunal.

Marginal note:Location of hearing

123. Unless the parties agree otherwise,

• (a) an application under section 155 or 167 in relation to an order made under section 155 shall be heard in a community that is convenient to the claimant; and

• (b) any other application shall be heard in the community that is closest to the land involved.

Marginal note:Hearing of applications

• 124. (1) An application to the Tribunal shall be heard by a panel consisting of three members or, if the parties consent, by one member. If one of the members of a panel is absent, the hearing may continue with only one of the members if the parties consent, but if the parties do not consent, the application shall be reheard by another panel or member.

• Marginal note:Disposition of application

  (2) A member who is not present during the entire hearing of an application may not participate in the disposition of the application.

• Marginal note:Residency requirement

  (3) Where an application involves Inuit-owned land, at least two of the members of the panel hearing the application, or in the case of an application heard by one member, that member, shall be resident in Nunavut.

Marginal note:Assignment of members

• 125. (1) Members shall be assigned to panels in accordance with the by-laws of the Tribunal or, in the absence of by-laws respecting the assignment of members, by the Chairperson.

• Marginal note:Conflict of interest

  (2) A member shall not be assigned to, or continue to, hear an application if doing so would place the member in a material conflict of interest.

• Marginal note:Status of Inuk or interest in land

  (3) A member is not placed in a material conflict of interest merely because the member has the status under the Agreement of an Inuk or has an interest in land in Nunavut.

Marginal note:Powers, duties and functions

• 126. (1) A panel, or member hearing an application, has all of the powers, and shall perform all of the duties and functions, of the Tribunal in relation to the application.

• Marginal note:Status of order

  (2) Any order disposing of an application is an order of the Tribunal.

Marginal note:Information made available

127. Before disposing of an application, the Tribunal shall make any information that it intends to use in the disposition available to the parties and provide them with a reasonable opportunity to respond to the information.

Marginal note:References to Federal Court

128. The Tribunal may, at any stage of its proceedings, refer to the Federal Court any question or issue of law or of jurisdiction, other than a question or issue that has been referred to an arbitration panel established under Article 38 of the Agreement.

Records

Marginal note:Records

• 129. (1) The Tribunal shall

  • (a) keep a public record of all applications made to the Tribunal and orders and other decisions made by the Tribunal in respect of applications;

  • (b) issue, on request and on payment of such fee as the Tribunal may fix, certified copies of any order or other decision, rule or by-law made by the Tribunal; and

  • (c) have the custody and care of all documents filed with the Tribunal.

• Marginal note:Fees

  (2) Any fee received by the Tribunal under paragraph (1)(b) may be used by the Tribunal for its operations.