|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Inuit-owned Land |
|
| Inuit-owned
land
|
61. Any existing use of waters by Inuit on
Inuit-owned land has priority over any
licensed use or deposit of waste by any person
who has the right to explore, develop, produce
or transport minerals, except specified
substances within the meaning of the
Agreement, on or under Inuit-owned land.
|
|
| Compensation
agreements
|
62. (1) The Board shall not issue a licence
in respect of a use of waters or a deposit of
waste that may substantially alter the quality,
quantity or flow of waters on or flowing
through Inuit-owned land, unless
|
|
|
|
|
|
|
|
|
|
| Payment of
compensation
|
(2) The payment of compensation referred
to in paragraph (1)(b) shall be a condition of
the licence.
|
|
| Costs
|
(3) Unless otherwise determined by the
Board, costs incurred by the designated Inuit
organization as a result of a request referred to
in paragraph (1)(b) shall be paid by the
applicant.
|
|
| Use outside
Nunavut
|
63. On request by the designated Inuit
organization or a person who has applied to
the water authority responsible for the
management of waters outside Nunavut, but
within the Northwest Territories, for a licence
or other authorization in relation to a use of
waters or a deposit of waste that may
substantially alter the quality, quantity or flow
of waters flowing through Inuit-owned land,
the Board shall use its best efforts to reach a
joint determination with that authority on the
compensation to be paid.
|
|
| Negotiation to
be in good
faith
|
64. A request referred to in paragraph
62(1)(b) or section 63 shall not be considered
by the Board unless the requester has
negotiated in good faith and has been unable
to reach an agreement.
|
|
| Factors in
determining
compensation
|
65. For the purpose of determining
compensation pursuant to paragraph 62(1)(b)
and section 63, the Board shall take into
account the following factors:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Periodic
review and
payment
|
66. Unless otherwise agreed by the
designated Inuit organization and the
applicant, where the Board has made a
determination of compensation pursuant to
paragraph 62(1)(b) or section 63 the Board
shall provide, where the nature and duration of
the use or deposit of waste warrant it, for the
periodic review and periodic payment of that
compensation.
|
|
| National parks
in Nunavut
|
67. Sections 62 and 64 to 66 apply in respect
of a use of waters or a deposit of waste that is
within the jurisdiction of the water authority
responsible for the management of waters in
a national park in Nunavut, and that may
substantially alter the quality, quantity or flow
of waters on or flowing through Inuit-owned
land, except that
|
|
|
|
|
|
|
|
|
|
|
|
Conditions of Licences |
|
| Powers of
Board
|
68. Subject to this Act and the regulations,
the Board may include in a licence any
conditions that it considers appropriate,
including conditions relating to
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Purpose of
conditions
|
69. In fixing the conditions of a licence, the
Board shall make all reasonable efforts to
minimize
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Conditions of
waste deposit
|
70. The conditions in a licence relating to
the deposit of waste in waters
|
|
|
|
|
|
|
|
|
|
| Regulations
under the
Fisheries Act
|
71. Where the Board issues a licence in
respect of any waters to which regulations
made under subsection 36(5) of the Fisheries
Act apply, any conditions in the licence
relating to the deposit of waste in those waters
must be at least as stringent as the conditions
prescribed by those regulations.
|
|
| Conditions
relating to
design of
works
|
72. A licence must include conditions that
are at least as stringent as any standards
prescribed by the regulations for the design,
construction, operation and maintenance of
works used in relation to appurtenant
undertakings.
|
|
| Licence
conditions
deemed
amended
|
73. Where regulations referred to in
sections 70 to 72 are made or amended after
the issuance of a licence, the conditions of the
licence are thereupon deemed to be amended
to the extent, if any, necessary in order to
comply, or remain in compliance, with those
sections.
|
|
|
|
Security |
|
| Security
|
74. (1) The Board may require an applicant,
a licensee or a prospective assignee to furnish
and maintain security with the federal
Minister in the form, of the nature, subject to
such terms and conditions and in an amount
prescribed by, or determined in accordance
with, the regulations or that is satisfactory to
the Minister.
|
|
| Application of
security
|
(2) The security provided by a licensee may
be applied by the federal Minister
|
|
|
|
|
|
|
|
|
|
| Limitation
|
(3) Paragraph (2)(b) applies in respect of
costs incurred pursuant to subsection 87(1)
only to the extent that the costs were incurred
in relation to a contravention referred to in
subparagraph 87(1)(b)(i).
|
|
| Limitation of
security
|
(4) The amount of the security applied by
the federal Minister pursuant to subsection (2)
in respect of a particular incident or matter
may not exceed the total amount of the
security required to be furnished and
maintained by the licensee under subsection
(1).
|
|
| Refund of
security
|
(5) Where the federal Minister is satisfied
that an appurtenant undertaking has been
permanently closed or permanently
abandoned or the licence has been assigned,
any portion of the security that, in the
Minister's opinion, will not be applied
pursuant to subsection (2) shall be returned to
the licensee without delay.
|
|
|
|
Expropriation |
|
| Permission to
expropriate
|
75. (1) An applicant for a licence, or a
licensee, may apply to the Board for
permission from the federal Minister to
expropriate, in accordance with the
Expropriation Act, land or an interest in land
in Nunavut, and the Minister shall grant that
permission where the Minister, on the
recommendation of the Board, is satisfied that
|
|
|
|
|
|
|
|
|
|
| Notice to
appropriate
minister
|
(2) Where the federal Minister grants
permission under subsection (1), the applicant
or licensee shall so advise the appropriate
minister in relation to Part I of the
Expropriation Act.
|
|
| Expropria- tion Act
|
(3) For the purposes of the Expropriation
Act, land or an interest in land in respect of
which the federal Minister has granted
permission to expropriate is deemed to be an
interest in land that, in the opinion of the
appropriate minister in relation to Part I of the
Expropriation Act, is required for a public
work or other public purpose, and a reference
to the Crown in that Act shall be construed as
a reference to the applicant or licensee.
|
|
| Inuit-owned
land
|
(4) Where Inuit-owned land is expropriated
and the designated Inuit organization and the
applicant or licensee do not agree on the
compensation to be paid, notwithstanding
subsection (1), subsections 30(3) to (6) of the
Expropriation Act do not apply and the
compensation shall be determined by
arbitration as set out in Article 38 of the
Agreement.
|
|
| Charges for
services
|
(5) The appropriate minister in relation to
Part I of the Expropriation Act may make
regulations prescribing fees or charges to be
paid by an applicant or a licensee in respect of
an expropriation referred to in subsection (1),
and rates of interest payable in respect of those
fees and charges.
|
|
| Debt due to
Her Majesty
|
(6) The fees or charges referred to in
subsection (5) are a debt due to Her Majesty in
right of Canada by the applicant or licensee,
and shall bear interest at the prescribed rate
from the date they are payable.
|
|
| Security
|
(7) The appropriate minister in relation to
Part I of the Expropriation Act may require the
applicant or licensee to provide security, in an
amount determined by that minister and
subject to any terms and conditions that the
minister may specify, for the payment of any
fees or charges that are or may become
payable under this section.
|
|
| Mitigation of
damages -
enforcement
of
undertaking
|
(8) Where the applicant or licensee, in
mitigation of any injury or damage caused or
likely to be caused to lands by an
expropriation, undertakes
|
|
|
|
|
|
|
|
|
|
|
|
and the owner or interested person accepts the
undertaking, the undertaking is deemed to be
an undertaking referred to in paragraph
28(1)(b) of the Expropriation Act, and it may
be enforced by the Board as if it were a
condition of the licensee's licence.
|
|
| Registration
|
(9) A copy of the document evidencing the
permission granted by the federal Minister
pursuant to subsection (1), certified as such by
the Chairperson of the Board, shall be
deposited with the registrar of land titles for
the registration district in which the affected
lands are situated.
|
|
| Duties of
registrars of
deeds
|
(10) The provisions of section 43 of the
National Energy Board Act relating to plans,
profiles and books of reference deposited with
registrars of deeds pursuant to that Act and the
duties of registrars of deeds with respect
thereto, in so far as they are reasonably
applicable and not inconsistent with this Act,
apply in respect of copies of documents
deposited pursuant to subsection (9).
|
|
| Exceptions
|
(11) This section does not apply in respect
of lands in Nunavut that are vested in Her
Majesty in right of Canada or of which the
Government of Canada has power to dispose.
|
|
|
|
PUBLIC REGISTER |
|
| Public register
|
76. (1) The Board shall maintain at its main
office, in the form prescribed by the
regulations, a register convenient for use by
the public, in which shall be entered, with
respect to each application filed with the
Board and with respect to each licence issued
by it, such information as is prescribed by the
regulations.
|
|
| Register to be
open to
inspection
|
(2) The register shall be open to inspection
by any person, during normal business hours
of the Board, on payment of the fee prescribed
by the regulations.
|
|
| Copies of
contents of
register
|
(3) The Board shall, on request and on
payment of the fee fixed by the Board, make
available copies of information contained in
the register.
|
|