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Compensation |
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| Right to
compensation
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12. (1) Except as otherwise provided by a
compensation agreement referred to in this
Act, a person, including the designated Inuit
organization, who is adversely affected by a
licensed use of waters or deposit of waste, or
by an unlicensed use of waters or deposit of
waste authorized by the regulations, is entitled
to be compensated in respect of that adverse
effect by the licensee or the person so
authorized and to recover the compensation in
any court of competent jurisdiction.
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| Limitation
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(2) A person, including the designated Inuit
organization, is entitled to recover
compensation pursuant to subsection (1) only
to the extent that the person is not paid
compensation under this Act in respect of the
adverse effect.
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NUNAVUT WATER BOARD |
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Establishment and Organization of Board |
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| Establish- ment of Board
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13. (1) There is hereby established the
Nunavut Water Board the members of which
are to be appointed by the federal Minister.
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| Number of
members
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(2) Subject to sections 15 and 16, the Board
consists of nine members, including the
Chairperson.
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| Proportions
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(3) The following rules apply to the
appointment of members, other than the
Chairperson:
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| Appointment
of
Chairperson
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(4) The Chairperson shall be appointed
after consultation with the other members.
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| Term of office
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14. (1) Subject to subsection (2) and
sections 15 and 18, a member of the Board
holds office for a term of three years.
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| Acting after
expiration of
term
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(2) Where the term of a member expires
before the member has made a decision in a
matter for which a public hearing is held, the
member may, with the authorization of the
Chairperson, continue to act as a member until
the hearing is concluded and a decision is
made in relation to that matter.
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| Presumption
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(3) For the purposes of section 20, a
member who continues to act under
subsection (2) is deemed to no longer be a
member of the Board.
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| Additional
members
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15. Additional members may be appointed
to the Board for the performance of a specified
purpose, or for a term of less than three years,
in the manner and the proportions provided by
subsection 13(3).
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| Inuit of
northern
Quebec
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16. (1) During any period preceding the
ratification by the parties of an agreement to
settle the offshore land claims of the Inuit of
northern Quebec, the federal Minister shall
appoint, on the nomination of Makivik, a
number of substitute members of the Board
equal to one-half the number appointed on the
nomination of the designated Inuit
organization.
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| Role of
substitute
members
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(2) In respect of licensing decisions of the
Board that apply to any area of equal use and
occupancy described in Schedule 40-1 of the
Agreement, the substitute members shall act
in the place of such members appointed on the
nomination of the designated Inuit
organization as are identified by the federal
Minister, after consultation with that
organization, at the time of the appointment of
the substitute members.
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| Term
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(3) Subject to subsections 14(2) and (3), the
term of a substitute member is three years,
except that the term of that member expires on
the ratification referred to in subsection (1).
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| Status of
substitute
members
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(4) Substitute members shall not be
considered to be members, except in respect
of decisions referred to in subsection (2).
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| Oath of office
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17. Before taking up their duties, members
of the Board shall take and subscribe the oath
of office set out in Schedule II before a person
authorized by law to administer oaths.
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| Removal
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18. Any member of the Board may be
removed for cause, but before a member who
was nominated by the designated Inuit
organization, Makivik or the territorial
Ministers is removed, the federal Minister
shall consult the designated Inuit
organization, Makivik or the territorial
Ministers, as the case may be.
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| Reappoint- ment
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19. A member is eligible to be reappointed
to the Board in the same or another capacity.
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| Vacancies
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20. Where the office of a member becomes
vacant, the federal Minister shall, without
delay, appoint a new member to that office,
and where the vacancy occurs during the term
of a member the appointment shall be made
for the remainder of that term.
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| Duties of
Chairperson
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21. The Chairperson is the chief executive
officer of the Board and has such powers,
duties and functions as are prescribed by the
by-laws of the Board.
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| Conflict of
interest
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22. (1) No member of the Board may
participate in a decision in which that member
has a material conflict of interest.
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| Status of Inuk
or interest in
land
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(2) 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.
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| Expenses
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23. (1) Each member of the Board shall be
paid such travel and living expenses incurred
by the member while absent from the
member's ordinary place of residence in the
course of performing duties under this Act as
are consistent with Treasury Board directives
for public servants.
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| Workers'
compensation
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(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 regulation made pursuant
to section 9 of the Aeronautics Act.
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Languages |
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| Language of
business
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24. (1) The Board shall conduct its business
in both of the official languages of Canada in
accordance with the Official Languages Act
and any directives of the federal Minister, and,
on request by a member, in Inuktitut.
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| Public
hearings
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(2) The Board shall conduct public hearings
in both of the official languages of Canada in
accordance with the Official Languages Act
and any directives of the federal Minister, and,
on request by a member, an applicant or an
intervenor, in Inuktitut.
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| Translation or
interpreta- tion
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(3) Nothing in subsection (1) or (2) shall be
construed to prevent the use of translation or
interpretation services where a member is
otherwise unable to conduct business in
Inuktitut or in either official language.
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| Witnesses
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(4) The Board has, in any proceedings
before it, the duty to ensure that any person
giving evidence before it may be heard in
Inuktitut or 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.
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| Inuinaqtuun
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(5) In this section, ``Inuktitut'' includes
Inuinaqtuun.
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Head Office and Meetings |
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| Head office
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25. The head office of the Board shall be at
Rankin Inlet, or at such other place in Nunavut
as the Governor in Council may designate.
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| Meetings
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26. (1) The Board shall ordinarily hold its
meetings in Nunavut.
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| Participation
by telephone
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(2) Subject to the by-laws of the Board, 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
Act to be present at that meeting.
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Status and General Powers |
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| Status
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27. (1) The Board is an institution of public
government but is not an agent of Her Majesty.
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| Powers
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(2) The Board may, for the purposes of
conducting its business,
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| Legal
proceedings
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(3) Actions, suits or other legal proceedings
in respect of any right or obligation acquired
or incurred by the Board may be brought or
taken by or against the Board in its name in
any court that would have jurisdiction if the
Board were a corporation.
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| Panels
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28. (1) The Board may establish panels of
the Board and delegate any of its powers,
duties and functions to them.
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| Composition
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(2) Every panel shall consist of equal
numbers of members appointed to the Board
on the nomination of the designated Inuit
organization or Makivik, as the case may be,
and other members.
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| Staff
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29. The Board 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.
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Financial Provisions |
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| Annual
budget
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30. (1) The Board shall annually submit a
budget for the following fiscal year to the
federal Minister for consideration.
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| Accounts
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(2) The Board 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.
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| Consolidated
financial
statements
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(3) The Board shall, within such time after
the end of each fiscal year as the federal
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.
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| Audit
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(4) The accounts, financial statements and
financial transactions of the Board shall be
audited annually by the auditor of the Board
and, where the federal Minister requests, the
Auditor General of Canada. The auditor and,
where applicable, the Auditor General of
Canada, shall make a report of the audit to the
Board, and the Board shall, as soon as
practicable, send the report to the Minister.
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Reports |
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| Annual report
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31. (1) The Board shall, within three months
after the end of each fiscal year, submit to the
federal Minister a report on its activities in that
year, and shall include in that annual report
information on the following matters:
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| Publication
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(2) The Board shall publish the annual
report.
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Rules and By-laws |
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| Rules
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32. The Board may make rules respecting
the practice and procedure in relation to
applications to and hearings before it.
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| Publication of
proposed
rules
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33. (1) At least sixty days before making a
rule, the Board shall give notice of the
proposed rule in a newspaper or other
periodical that, in the opinion of the Board,
has a large circulation in Nunavut, and to the
council of each municipality in Nunavut. The
notice shall invite interested persons to make
representations in writing to the Board with
respect to the proposed rule within sixty days
after the publication of the notice.
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| Exception
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(2) Notice of a proposed rule need not be
published more than once pursuant to
subsection (1), whether or not the rule is
amended after the publication as a result of
representations made to the Board, but the rule
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| Non- application of Statutory Instruments Act
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(3) Sections 3, 5 and 11 of the Statutory
Instruments Act do not apply in respect of the
rules of the Board.
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| Principles to
be applied
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34. The Board shall apply the following
principles when making rules for the conduct
of public hearings:
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| By-laws
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35. The Board may make by-laws
respecting the conduct and management of its
internal administrative affairs.
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