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| Delegation to
territorial
minister
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9. The Minister may, in writing, delegate to
the territorial minister responsible for water
resources any of the Minister's functions
under sections 14, 16, 17, 19 and 21,
subsection 55(5), section 56, subsection 77(1)
and section 84, either generally or as
otherwise provided in the instrument of
delegation, except that the delegation cannot
abrogate or derogate from any rights of Inuit
under the Agreement.
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| Agreements
with
provinces
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10. The Minister and the territorial minister
responsible for water resources shall, with the
assistance of the Board, use their best efforts
to negotiate an agreement, subject to any
agreement entered into under section 5 or 11
of the Canada Water Act, with a provincial
government providing for the management of
any waters situated partially in Nunavut and
partially in a province, or flowing between
Nunavut and a province. The Minister shall
not enter into an agreement without the
approval of the Governor in Council.
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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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(a) any unlicensed use of waters that is
authorized by the regulations;
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(i) for a domestic purpose, or
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(ii) for the purpose of extinguishing a fire
or, on an emergency basis, controlling or
preventing a flood; or
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(c) the use of waters in a national park.
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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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(a) in waters in Nunavut; or
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(b) in any other place in Nunavut under
conditions in which the waste, or any other
waste that results from the deposit of that
waste, may enter waters in Nunavut.
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| Exceptions
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(2) Subsection (1) does not apply in respect
of
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(a) any unlicensed deposit of waste that is
authorized by the regulations; or
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(b) the deposit of waste in a national park.
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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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| 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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Establishment and Organization of Board
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| Establishment
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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(a) one half of the members shall be
appointed on the nomination of the
designated Inuit organization; and
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(b) one quarter of the members shall be
appointed on the nomination of
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(i) the territorial minister responsible for
renewable resources, and
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(ii) the territorial minister or ministers
designated, by an instrument of the
Executive Council of Nunavut, for the
purposes of this paragraph.
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| Appointment
of
Chairperson
|
(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
|
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
|
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
|
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 shall be appointed only for the
remainder of that term.
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| Duties of
Chairperson
|
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
|
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
|
(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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| Remuneration
and expenses
|
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
|
(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
|
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
|
(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
interpretation
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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
|
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
|
27. (1) The Board shall ordinarily hold its
meetings in Nunavut.
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| Participation
by telephone
|
(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
|
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
|
(2) The Board may, for the purposes of
conducting its business,
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(a) acquire property in its own name and
dispose of the property; and
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(b) enter into contracts in its own name.
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| Legal
proceedings
|
(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
|
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
|
(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
|
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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| Indemnificati
on of Board
members and
employees
|
31. The members and employees of the
Board shall be indemnified by the Board
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 Board.
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Financial Provisions
|
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| Annual
budget
|
32. (1) The Board shall annually submit a
budget for the following fiscal year to the
Minister for consideration.
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| Accounts
|
(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
|
(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
|
(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
|
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
|
(2) The Board shall apply the following
principles when making rules or by-laws for
the conduct of public hearings:
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(a) the admission of evidence that would
not normally be admissible under strict
rules of evidence shall be allowed, and
appropriate weight shall be given to such
evidence;
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(b) due regard and weight shall be given to
Inuit culture, customs and knowledge; and
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(c) procedural fairness shall be observed.
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| Non-applicati
on of
Statutory
Instruments
Act
|
(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-publicatio
n
|
34. (1) The Board shall 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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(a) publishing the proposed rule or by-law
in a newspaper or other periodical that, in
the opinion of the Board, has a large
circulation in Nunavut; and
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(b) sending a copy of the proposed rule or
by-law to the council of each municipality
in Nunavut.
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| Representatio
ns invited
|
(2) The notice referred to in subsection (1)
shall 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
representation
s
|
(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
|
(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
|
(5) As soon as possible after the rule or
by-law has been made, the Board shall
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(a) publish it in a newspaper or other
periodical that, in the opinion of the Board,
has a large circulation in Nunavut; and
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