Business
meetings
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108. (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.
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Participation
by telephone
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(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.
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By-laws
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By-laws
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109. 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.
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General Powers
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Staff
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110. The Tribunal 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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Government
facilities and
information
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111. 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 Nunavut 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.
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Property and
contracts
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112. (1) The Tribunal may, for the purposes
of conducting its business,
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Legal
proceedings
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(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.
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Status
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Status
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113. The Tribunal is an institution of public
government but is not an agent of Her Majesty.
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Financial Provisions
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Annual
budget
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114. (1) The Tribunal 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 Tribunal 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 Tribunal 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 Tribunal shall be
audited annually by the Auditor General of
Canada. The Auditor General of Canada shall
make a report of the audit to the Tribunal and
the Minister.
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Annual Report
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Annual report
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115. The Tribunal shall, within three
months after the end of each fiscal year,
submit to the Minister a report on its activities
in that year, and shall include in the annual
report information on the following matters:
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Publication
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116. The Tribunal shall publish the annual
report.
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Jurisdiction of Tribunal
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Negotiations
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117. (1) No person may apply to the
Tribunal for an order unless the person has
attempted to resolve the matter in dispute by
negotiation in accordance with the rules made
under section 130 or, until such rules have
been made, in a manner satisfactory to the
Tribunal.
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Resolved
matters
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(2) The Tribunal may not hear or make an
order in respect of any matter that was
resolved by negotiation unless the parties
consent or it appears, in the opinion of the
Tribunal, that there has been a material change
in the facts or circumstances that formed the
basis of the negotiated resolution.
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Matters not
raised
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118. The Tribunal may not make an order in
respect of a matter that is not raised by any of
the parties.
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Applications and Hearings
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Informal and
expeditious
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119. An application before the Tribunal
shall be dealt with as informally and
expeditiously as the circumstances and
considerations of fairness permit and, in
particular, the Tribunal
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General
powers of
Tribunal
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120. The Tribunal has, with respect to the
attendance and examination of witnesses, the
production and inspection of documents and
all other matters necessary or proper in
relation to applications before the Tribunal,
all the powers, rights and privileges of a
superior court.
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Parties to a
hearing
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121. The following are parties to a hearing
before the Tribunal:
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Hearing in
absence of
party
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122. The Tribunal may not hear an
application in the absence of any party unless
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Location of
hearing
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123. Unless the parties agree otherwise,
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Hearing of
applications
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124. (1) An application to the Tribunal shall
be heard by a panel consisting of three
members or, if the parties consent, by one
member. If one of the members of a panel is
absent, the hearing may continue with only
one of the members if the parties consent, but
if the parties do not consent, the application
shall be reheard by another panel or member.
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Disposition of
application
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(2) A member who is not present during the
entire hearing of an application may not
participate in the disposition of the
application.
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Residency
requirement
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(3) Where an application involves
Inuit-owned land, at least two of the members
of the panel hearing the application, or in the
case of an application heard by one member,
that member, shall be resident in Nunavut.
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Assignment of
members
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125. (1) Members shall be assigned to
panels in accordance with the by-laws of the
Tribunal or, in the absence of by-laws
respecting the assignment of members, by the
Chairperson.
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Conflict of
interest
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(2) A member shall not be assigned to, or
continue to, hear an application if doing so
would place the member in a material conflict
of interest.
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Status of Inuk
or interest in
land
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(3) 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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Powers, duties
and functions
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126. (1) A panel, or member hearing an
application, has all of the powers, and shall
perform all of the duties and functions, of the
Tribunal in relation to the application.
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Status of
order
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(2) Any order disposing of an application is
an order of the Tribunal.
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Information
made
available
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127. Before disposing of an application, the
Tribunal shall make any information that it
intends to use in the disposition available to
the parties and provide them with a reasonable
opportunity to respond to the information.
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References to
Federal Court
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128. The Tribunal may, at any stage of its
proceedings, refer to the Federal Court any
question or issue of law or of jurisdiction,
other than a question or issue that has been
referred to an arbitration panel established
under Article 38 of the Agreement.
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Records
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Records
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129. (1) The Tribunal shall
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Fees
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(2) Any fee received by the Tribunal under
paragraph (1)(b) may be used by the Tribunal
for its operations.
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Rules
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Procedures,
mediation and
costs
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130. (1) The Tribunal may make rules
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Negotiations
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(2) The Tribunal shall make rules
establishing procedures to be followed in the
conduct of negotiations for the purposes of
subsection 117(1), either generally or with
respect to any class of applications.
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Non-applicati
on of
Statutory
Instruments
Act
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131. Sections 3, 5 and 11 of the Statutory
Instruments Act do not apply in respect of the
rules of the Tribunal.
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Pre-publicatio
n
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132. (1) The Tribunal shall give notice at
least sixty days before making a rule by
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Representatio
ns invited
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(2) The notice referred to in subsection (1)
shall include an invitation to interested
persons to make representations in writing to
the Tribunal about the proposed rule within
sixty days after publication of the notice.
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Response to
representation
s
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(3) The Tribunal may not make the rule
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 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 has
been made, the Tribunal shall
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