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(b) the applicant or licensee has been unable
to acquire the land or interest despite
reasonable efforts to do so; and
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(c) it is in the public interest that such
permission be granted.
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| Notice to
appropriate
minister
|
(2) Where the 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.
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| Expropriation
Act
|
(3) For the purposes of the Expropriation
Act, land or an interest in land in respect of
which the 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 read as a reference to the applicant
or licensee.
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| Inuit-owned
land
|
(4) When 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
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(a) if both parties make a request to the
Arbitration Board established under Article
38 of the Agreement, the Arbitration Board
shall
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(i) appoint a person who is acceptable to
both parties to act as a negotiator for the
purposes of section 30 of the
Expropriation Act, and
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(ii) fix the remuneration and expenses, to
be paid in equal shares by both parties to
that person, for the period, not to exceed
eight hours unless the parties agree to an
extension of the number of hours, that the
person performs the duties described in
paragraphs (b) and (c);
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(b) the negotiator shall, on reasonable
notice to the parties, meet with them or their
authorized representatives, make any
inspection of the land that the negotiator
believes necessary, receive and consider
appraisals, valuations or other written or
oral evidence on which the parties rely for
their estimation of the amount of
compensation payable, whether or not the
evidence would be admissible in
proceedings before a court, and endeavour
to effect a settlement;
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(c) the negotiator shall, within sixty days
after the service of the notice to negotiate,
report in writing to each of the parties and
to the Arbitration Board concerning the
success or failure in the matter of the
negotiation;
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(d) if the negotiation is not successful, or if
there are no negotiations,
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(i) sections 31 to 33 of the Expropriation
Act do not apply, and compensation shall
be determined by arbitration as set out in
Article 38 of the Agreement,
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(ii) in section 35 and subsection 36(1) of
that Act, the term ``adjudged'' shall be
read as ``determined'',
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(iii) in section 35 and in subsections 36(1)
and (5) of that Act, the term ``the Court''
shall be read as ``the arbitration panel'',
and
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(iv) in subsections 36(2) and (3) of that
Act, the term ``judgment'' shall be read
as ``the arbitration determination''; and
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(e) evidence of anything said or of any
admission made in the course of a
negotiation under this subsection is not
admissible in any proceedings before a
court for the recovery of the compensation
payable to the designated Inuit
organization, or before an arbitration panel
established under Article 38 of the
Agreement for the determination of the
compensation.
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| 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.
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| 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.
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| 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.
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| 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
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(a) to abandon or grant, to the owner of the
lands or a person interested in the lands, any
portion of its lands or of the land being taken
or any easement, servitude or privilege over
or in respect of the lands, and
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(b) to construct and maintain any work for
the benefit of the owner or interested
person,
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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.
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| Registration
|
(9) A copy of the document evidencing the
permission granted by the Minister under
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.
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| 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 under 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 Part,
apply in respect of copies of documents
deposited under subsection (9).
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| Exceptions
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(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.
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| Expropriation
subject to
Agreement
|
(12) The expropriation of Inuit-owned land
under this section is subject to the terms of Part
9 of Article 21 of the Agreement.
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Public Register
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| Public register
|
78. (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.
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| 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.
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| 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.
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Decisions
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| Reasons for
decisions
|
79. (1) The Board shall issue, and make
available to the public, written reasons for its
decisions relating to any licence or
application.
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| Copies of
decisions to
parties
|
(2) The Board shall send a copy of its
decision and the reasons for it
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(a) to the applicant or licensee;
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(b) where the affected waters are ones in
respect of which section 63 applies, to the
designated Inuit organization; and
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(c) to any other person with a right to
compensation under section 58 or 60.
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| Decisions
final
|
80. Except as provided in this Part, every
decision of the Board is final.
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| Appeal to
Federal Court
|
81. (1) An appeal may be taken from a
decision of the Board to the Federal Court on
a question of law, or a question of jurisdiction,
on leave being obtained from that Court on
application made within forty-five days after
the making of that decision or within such
further time as that Court or a judge of that
Court allows under special circumstances.
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| Time limit
|
(2) No appeal may be proceeded with unless
it is entered in the Federal Court within sixty
days after the making of the order granting
leave to appeal.
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Regulations and Orders
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| Regulations
|
82. (1) The Governor in Council may, on the
recommendation of the Minister, make
regulations
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(a) establishing water management areas in
Nunavut consisting of river basins or other
geographical areas;
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(b) for the purposes of paragraphs (b) to (d)
of the definition ``waste'' in section 4,
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(i) specifying substances and classes of
substances,
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(ii) prescribing quantities or
concentrations of substances and classes
of substances, and
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(iii) describing treatments of or changes
to water;
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(c) authorizing the use without a licence of
waters in Nunavut, except in a national
park, for the purpose, in the quantity, at the
rate, during the period and subject to the
conditions specified in the regulations;
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(d) authorizing the deposit of waste without
a licence in Nunavut, except in a national
park, and specifying the conditions of the
deposit, including the quantities,
concentration and types of waste that may
be deposited;
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(e) prescribing the manner in which a report
under subsection 12(3) is to be made;
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(f) on the advice of the Board or after
consultation with the Board, exempting any
class of applications in relation to licences
from the requirement of a public hearing;
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(g) prescribing the criteria to be applied by
the Board in determining, on an application
for a licence, whether the proposed use of
waters or deposit of waste requires a type A
or a type B licence;
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(h) prescribing what constitutes a material
conflict of interest for the purpose of
subsection 23(1);
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(i) in relation to the security referred to in
subsection 76(1),
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(i) prescribing the form and nature of the
security and the terms and conditions on
which it is to be furnished and
maintained, and
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(ii) prescribing the amount of the security
or the manner of determining the amount
of the security or authorizing the Board to
fix that amount in accordance with the
regulations;
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(j) prescribing water quality standards in
Nunavut, except in a national park;
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(k) prescribing effluent standards in
Nunavut, except in a national park;
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(l) prescribing standards for the design,
construction, operation and maintenance of
works used in relation to appurtenant
undertakings;
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(m) prescribing the fees to be paid
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(i) for the right to use waters or deposit
waste in waters under a licence,
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(ii) for the filing of any application with
the Board, and
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(iii) for inspection of the register
maintained under section 78;
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(n) prescribing the times at which and the
manner in which the fees prescribed under
paragraph (m) shall be paid;
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(o) requiring persons who use waters or
deposit waste in waters in Nunavut, except
in a national park, to maintain books and
records for the proper enforcement of this
Part, and to submit to the Board, on a
monthly, quarterly, semi-annual or annual
basis, reports containing specified
information on any of their operations;
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(p) requiring persons who deposit waste in
waters in Nunavut, except in a national
park, to submit representative samples of
the waste to the Board for analysis or to
analyse representative samples and submit
the results to the Board;
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(q) respecting the taking of representative
samples of waters or waste and respecting
the method of analysing those samples;
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(r) prescribing the form of the register to be
maintained under section 78 and the
information to be entered in it;
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(s) respecting the duties of persons
designated as analysts under section 85; and
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(t) generally, for carrying out the purposes
and provisions of this Part.
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| Concurrence
of Board
|
(2) For the purposes of paragraphs (1)(a),
(c) and (d), the recommendation of the
Minister is subject to the concurrence of the
Board.
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| Consultation
with the
Board
|
(3) For the purposes of paragraph (1)(b), the
recommendation of the Minister shall be
made after consultation with the Board.
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| Variation in
regulations
|
(4) Regulations made under subsection (1)
may vary, among water management areas
established under paragraph (1)(a), according
to the use of waters, the purpose of that use and
the quantity and rate of flow of waters used,
and the quantities, concentrations and types of
waste deposited or any other criteria.
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| Reservation of
water rights
|
83. (1) The Governor in Council may, by
order, direct the Board not to issue licences
permitting the use of, or the deposit of waste
directly or indirectly into, any waters
specified in the order, or may prohibit a use of
waters or a deposit of waste that would
otherwise be authorized under paragraph
82(1)(c) or (d)
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(a) in order to enable comprehensive
evaluation and planning to be carried out
with respect to those waters, including
planning by the Nunavut Planning
Commission; or
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|
(b) where the use of those waters or the
maintenance of their quality is required in
connection with an undertaking that is, in
the opinion of the Governor in Council, in
the public interest.
|
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| Licences of
no effect
|
(2) A licence issued in contravention of an
order made under subsection (1) is of no force
or effect.
|
|
| Recommendat
ions to
Minister
|
84. The Board may, and at the request of the
Minister shall, make such recommendations
to the Minister as it considers appropriate
concerning any matter in respect of which the
Governor in Council is authorized by section
82 or 83 to make regulations or orders.
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|
Enforcement
|
|
| Inspectors and
analysts
|
85. (1) The Minister may designate any
qualified person as an inspector or analyst for
the purposes of this Part.
|
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| Certificate to
be produced
|
(2) The Minister shall furnish every
inspector with a certificate of designation as
an inspector, and an inspector shall, if so
requested, produce the certificate to the
person in charge of any place entered by the
inspector.
|
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| Powers of
inspection
|
86. (1) For the purpose of ensuring
compliance with this Part, the regulations or a
licence, an inspector may, subject to
subsection (3), at any reasonable time,
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|
(a) enter any place in Nunavut in which the
inspector believes, on reasonable grounds,
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|
(i) a work is being constructed that, on
completion, will form part of an
appurtenant undertaking, or
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|
(ii) any alteration or extension is being
carried out on a work that forms part of an
appurtenant undertaking;
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|
(b) conduct such inspections of a work
described in paragraph (a) as the inspector
considers necessary in order to determine
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(i) whether plans and specifications
forming part of an application for a
licence, filed with the Board by the
person constructing the work, are being
complied with, or
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(ii) whether the alteration or extension of
the work is likely to result in a
contravention of any condition of a
licence; and
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|
(c) enter any place in Nunavut, except in a
national park, in which the inspector
believes, on reasonable grounds, that
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(i) waters are being used,
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