Review by Minister

(3) Where an inspector gives a direction to a person under subsection (1), the Minister may, and if so requested by the person shall, review the direction without delay, and after completion of the review may alter or revoke the direction.

Powers of inspector

(4) Where a person fails to comply with a direction given under subsection (1), the inspector may take the measures referred to in that subsection and may, for that purpose, enter any place in Nunavut, other than a place that is designed to be used and is being used as a permanent or temporary private dwelling-place.

Recovery of Her Majesty's costs

(5) Any portion of the reasonable costs incurred by Her Majesty in right of Canada under subsection (4) that is not recoverable from the security furnished and maintained under section 75 may be recovered as a debt due to Her Majesty from the person to whom the direction was given.

Obstruction

87. (1) No person shall wilfully obstruct or otherwise interfere with an inspector in the carrying out of functions under this Part.

False statements

(2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector or other person engaged in carrying out functions under this Part.

Where work closed or abandoned

88. (1) Where the Minister believes, on reasonable grounds, that

    (a) a person has closed or abandoned, temporarily or permanently, a work related to the use of waters or the deposit of waste in Nunavut, except in a national park, and

    (b) either

      (i) the person has contravened any condition of a licence or any provision of this Part or the regulations, whether or not the condition or provision relates to the closure or abandonment, or

      (ii) the past operation of the work or its closure or abandonment may cause a danger to persons, property or the environment,

the Minister may take any reasonable measures to prevent, counteract, mitigate or remedy any resulting adverse effect on persons, property or the environment and may, for that purpose, enter any place in Nunavut, other than a place that is designed to be used and is being used as a permanent or temporary private dwelling-place.

Recovery of Her Majesty's costs

(2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada under subsection (1) that is not recoverable from the security furnished and maintained under section 75 may be recovered as a debt due to Her Majesty from the person who closed or abandoned the work, to the extent that the incurring of those costs resulted from a contravention of a condition or provision referred to in subparagraph (1)(b)(i).

Offences and Punishment

Principal offences

89. (1) Any person who contravenes subsection 11(1) or section 12, or fails to comply with subsection 11(3) or with a direction given by an inspector under subsection 86(1), is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both.

Type A licences

(2) A licensee holding a type A licence who

    (a) contravenes any condition of the licence, where the contravention does not constitute an offence under section 90, or

    (b) fails, without reasonable excuse, to furnish or maintain security as required under subsection 75(1)

is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both.

Type B licences

(3) A licensee holding a type B licence who

    (a) contravenes any condition of the licence, where the contravention does not constitute an offence under section 90, or

    (b) fails, without reasonable excuse, to furnish or maintain security as required under subsection 75(1)

is guilty of an offence and liable on summary conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding six months, or to both.

Continuing offences

(4) Where an offence under this section is committed on or continued for more than one day, it is deemed to be a separate offence for each day on which it is committed or continued.

Other offences

90. Any person is guilty of an offence punishable on summary conviction who

    (a) contravenes subsection 85(4) or section 87, or any regulations made under paragraph 81(1)(o), (p) or (q); or

    (b) wilfully obstructs or otherwise interferes with a licensee or any person acting on behalf of a licensee in the exercise of the licensee's rights under this Part, except as authorized under this or any other Act of Parliament.

Limitation period

91. Proceedings in respect of an offence under this Part may not be instituted later than two years after the time when the subject-matter of the proceedings arose.

Action to enjoin not prejudiced by prosecution

92. (1) Notwithstanding that a prosecution has been instituted in respect of an offence under section 89, the Attorney General of Canada may commence and maintain proceedings to enjoin conduct that constitutes an offence under that section.

Civil remedy not affected

(2) No civil remedy for any act or omission is affected because the act or omission is an offence under this Part.

Certificate of analyst

93. (1) Subject to this section, a certificate purporting to be signed by an analyst, stating that the analyst has analysed or examined a sample submitted by an inspector and giving the results of the analysis or examination,

    (a) is admissible in evidence in any prosecution under this Part; and

    (b) in the absence of evidence to the contrary, is proof of its contents without proof of the signature or the official character of the signatory.

Attendance of analyst

(2) A party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

Notice

(3) No certificate shall be admitted in evidence under subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.

PART 2

NUNAVUT SURFACE RIGHTS TRIBUNAL

Interpretation

Definitions

94. The definitions in this section apply in this Part.

``flora''
« espèces végétales »

``flora'' means terrestrial and aquatic flora and any of their parts or products. It does not include trees suitable for commercial production of lumber or other building materials except where such trees are required by Inuit for local use, land-based activities or handicraft production.

``harvesting''
« exploita-
tion »

``harvesting'' means, in relation to wildlife, reduction into possession and includes hunting, trapping, fishing as defined in section 2 of the Fisheries Act, netting, egging, picking, collecting, gathering, spearing, killing, capturing or taking by any means.

``Tribunal''
« Tribunal »

``Tribunal'' means the Nunavut Surface Rights Tribunal established by section 98.

``wildlife''
« ressources fauniques »

``wildlife''

      (a) means terrestrial, aquatic, avian and amphibian fauna in their wild state and any of their parts or products; and

      (b) subject to subsection 151(2), includes flora.

General Provisions

Review

95. 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.

Access with consent

96. (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.

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

Binding on Her Majesty

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

DIVISION 1

ESTABLISHMENT AND ORGANIZATION OF TRIBUNAL

Tribunal Established

Establish-
ment

98. (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.

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.

Residency qualification

99. (1) At least two of the members must be resident in Nunavut.

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 the member receives written notification from the Minister that the determination has been made.

Term of office

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

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.

Reappointmen t

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

Duties of Chairperson

102. 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.

Remunera-
tion and expenses

103. (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.

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.

Protection from liability

104. The members and employees of the Tribunal are not liable for anything done or omitted to be done in good faith in the exercise or purported exercise of any of their powers.

Languages

Language of business

105. (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.

Translation or interpre-
tation

(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.

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.

Duty to provide simultaneous interpre-
tation

(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.

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.

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

Head office

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

Business meetings

107. (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.

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

By-laws

108. 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

Staff

109. The Tribunal may employ such officers and employees and engage the services of such agents, advisors 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.

Government facilities and information

110. 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 the Northwest Territories 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.

Property and contracts

111. (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.

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

Status

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