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Prohibitions |
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| Use of waters
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11. (1) Subject to subsection (2), no person
shall use, or permit the use of, waters in
Nunavut except in accordance with the
conditions of a licence.
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| Exceptions
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(2) Subsection (1) does not apply in respect
of
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| Duties in
certain cases
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(3) Where a person diverts waters for a
purpose referred to in subparagraph (2)(b)(ii),
the person shall, when the need for the
diversion has ceased, discontinue the
diversion and, in so far as possible, restore the
waters to their original channel.
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| Deposit of
waste
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12. (1) Subject to subsection (2) and except
in accordance with the conditions of a licence,
no person shall deposit or permit the deposit of
waste
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| Exceptions
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(2) Subsection (1) does not apply in respect
of
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| Duty to report
deposits
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(3) Where waste is deposited in
contravention of this section, every person
who owns or has the charge, management or
control of the waste, or who caused or
contributed to the deposit, shall, subject to the
regulations, without delay report the deposit
to an inspector.
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Compensation |
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| Right to
compensation
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13. (1) Except as otherwise provided by a
compensation agreement referred to in this
Part, 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 under subsection (1) only to the
extent that the person is not paid
compensation under any other provision of
this Part in respect of the adverse effect.
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DIVISION 1 |
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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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14. (1) There is hereby established the
Nunavut Water Board the members of which
are to be appointed by the Minister.
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| Number of
members
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(2) Subject to sections 16 and 17, 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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15. (1) A member of the Board shall be
appointed to hold office for a term of three
years.
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| Acting after
expiry of term
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(2) If 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 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.
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| Additional
members
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16. 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 14(3).
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| Inuit of
northern
Quebec
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17. (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 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 to 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 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 subsection 15(2), 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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18. Before taking up their duties, members
of the Board shall take and subscribe the oath
of office set out in Schedule 2 before a person
authorized by law to administer oaths.
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| Removal
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19. 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 Minister shall
consult the designated Inuit organization,
Makivik or the territorial ministers, as the case
may be.
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| Reappointmen
t
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20. 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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21. Where the office of a member becomes
vacant, the Minister shall, without delay,
appoint a new member to that office, and if the
vacancy occurs during the term of a member,
a replacement may be appointed only for the
remainder of that term.
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| Duties of
Chairperson
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22. The Chairperson is the chief executive
officer of the Board and has such powers,
duties and functions as are prescribed by the
rules or by-laws of the Board.
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| Conflict of
interest
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23. (1) No member of the Board may
participate in a decision on a matter 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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| Remunera- tion and expenses
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24. (1) The members of the Board 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.
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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 regulations made under
section 9 of the Aeronautics Act.
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Languages
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| Language of
business
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25. (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 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 Minister, and, on
request by a member, an applicant or an
intervenor, in Inuktitut.
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| Translation or
interpre- tation
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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 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.
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Head Office and Meetings
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| Head office
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26. The head office of the Board shall be at
Gjoa Haven or at such other place in Nunavut
as the Governor in Council may designate.
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| Business
meetings
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27. (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 rules and 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
Part to be present at that meeting.
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Status and General Powers
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| Status
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28. (1) The Board is an institution of public
government but is not an agent of Her Majesty.
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| Property and
contracts
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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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29. (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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30. 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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| Protection
from liability
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31. The members and employees of the
Board are not liable for anything done or
omitted to be done in good faith in the exercise
or purported exercise of their powers.
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Financial Provisions
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| Annual
budget
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32. (1) The Board shall annually submit a
budget for the following fiscal year to the
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 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 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 Minister.
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Rules and By-laws
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| Powers of
Board
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33. (1) The Board may make rules and
by-laws respecting the conduct and
management of its business.
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| Principles to
be applied
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(2) The Board shall apply the following
principles when making rules or by-laws for
the conduct of public hearings:
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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
rules and by-laws of the Board.
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| Pre- publication
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34. (1) The Board must give notice at least
sixty days in advance of making any rule or
by-law about practice and procedure for
applications and hearings before it by
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| Representa- tions invited
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(2) The notice referred to in subsection (1)
must include an invitation to interested
persons to make representations in writing to
the Board about the proposed rule or by-law
within sixty days after publication of the
notice.
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| Response to
representa- tions
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(3) The Board may not make the rule or
by-law until after it has responded to any
representations made within the time limit
referred to in subsection (2).
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| Exception
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(4) Once a notice is published under
subsection (1), no further notice is required to
be published about any amendment to the
proposed rule or by-law that results from
representations made by interested persons.
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| Publication
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(5) As soon as possible after the rule or
by-law has been made, the Board must
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Objects of Board and its Relationship with
Other Bodies
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| Objects
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35. The objects of the Board are to provide
for the conservation and utilization of waters
in Nunavut, except in a national park, in a
manner that will provide the optimum benefit
from those waters for the residents of Nunavut
in particular and Canadians in general.
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| Land use
plans
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36. (1) The Board shall contribute fully to
the development of land use plans so far as
they concern waters in Nunavut, by providing
recommendations to the Nunavut Planning
Commission.
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| Conformity
with the plan
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(2) In order to avoid unnecessary
duplication and to ensure that projects are
dealt with in a timely manner, the Board shall
cooperate and coordinate its consideration of
applications with the Nunavut Planning
Commission's review of projects under
section 11.5.10 of the Agreement for
conformity with any applicable land use plans
approved in accordance with Part 5 of Article
11 of the Agreement.
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