Payment of
compensation
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(2) No person may exercise the rights under
an entry order until after the payment of eighty
per cent of either the lump sum or the first
periodic payment, as the case may be, of the
compensation referred to in the offer filed
under section 145.
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DIVISION 4 |
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MINERAL RIGHTS AND CARVING STONE |
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Specified Substances on Inuit-owned Land
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Determination
s about
specified
substances
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150. On application by the designated Inuit
organization or any person who has a mineral
right granted by Her Majesty in right of
Canada in relation to Inuit-owned land, the
Tribunal shall
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Carving Stone on Crown Lands
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Conflicts
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151. (1) On application by a designated
Inuit organization that holds a permit or a
lease for the quarrying of carving stone on
Crown lands or by a person who has a mineral
right granted by Her Majesty in right of
Canada in relation to those lands, the Tribunal
shall make an order resolving any conflict
between the designated Inuit organization and
that person respecting the mineral right and
the rights flowing from the permit or lease.
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Definition of
``Crown
lands''
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(2) In this section, ``Crown lands'' means
any lands in the Nunavut Settlement Area
belonging to Her Majesty in right of Canada or
of which the Government of Canada or the
Government of Nunavut has power to dispose.
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DIVISION 5 |
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WILDLIFE COMPENSATION |
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Interpretation
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Definitions
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152. (1) The definitions in this subsection
apply in this Division.
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``claimant'' « réclamant »
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``claimant'' means an Inuk or Inuit.
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``developer'' « entrepreneu r »
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``developer'' means any person engaged in a
development activity and includes, in the
case of marine transportation as described
in paragraph (c) of the definition
``development activity'', the owner of a
ship.
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``development
activity'' « activités de développemen t »
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``development activity'' means any of the
following carried out on land or water in the
Nunavut Settlement Area or in Zone I or
Zone II, within the meaning assigned by
section 1.1.1 of the Agreement:
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``Inuk'' « Inuk »
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``Inuk'' means an individual member of the
group of persons referred to in the definition
of ``Inuit'' in subsection 2(1).
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Wildlife
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(2) In this Division, ``wildlife'' does not
include flora.
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Definitions
from Marine
Liability Act
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(3) For the purposes of the definition
``developer'' in subsection (1) and for the
purposes of sections 153 and 154, the words
``discharge'', ``oil'', ``owner'' and ``ship''
have the meanings assigned to them by section
47 of the Marine Liability Act.
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Liability of Developers
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Loss or
damage
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153. (1) Subject to this section, a developer
is absolutely liable, without proof of fault or
negligence, for any of the following losses or
damage suffered by a claimant as a result of a
development activity of the developer:
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Exceptions
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(2) A developer is not liable under
subsection (1)
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Claim
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(3) Any claim for compensation by a
claimant, or by a designated Inuit organization
or a Hunters and Trappers Organization,
within the meaning assigned to that
expression by section 1.1.1 of the Agreement,
acting on behalf of the claimant, for loss or
damage described in subsection (1) shall be
made in writing to the developer within three
years after the later of the date on which the
loss or damage occurs and the date on which
it comes to the knowledge of the claimant.
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Compensation
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(4) The following principles apply to the
determination of the amount of compensation
payable as a result of loss or damage described
in subsection (1):
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Liability of
Minister
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154. (1) Without limiting the liability of the
Minister where the Minister is the person
engaged in the development activity or the
owner of the ship that caused the loss or
damage, the Minister is liable, in relation to
any loss or damage that is attributable to
marine transportation as described in
paragraph (c) of the definition ``development
activity'' in subsection 152(1) other than that
resulting from a discharge of oil from a ship,
for any portion of the loss or damage for which
a developer is not liable because of the
application of paragraph 153(2)(b) and for
which no other person is liable.
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Liability of
Fund
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(2) In relation to loss or damage resulting
from a discharge of oil from a ship that is
engaged in marine transportation as described
in paragraph (c) of the definition
``development activity'' in subsection 152(1),
the Ship-source Oil Pollution Fund
established under Part 6 of the Marine
Liability Act is liable to the same extent that a
developer would be liable under section 153 if
paragraph 153(2)(b) did not apply.
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Subrogation
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(3) The Administrator of the Ship-source
Oil Pollution Fund is subrogated, to the extent
of any payment made by the Fund under
subsection (2), to any rights of the claimant in
respect of the loss or damage for which that
payment was made and, for that purpose, the
Administrator may maintain an action in the
Administrator's name or in the name of the
claimant.
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Applications to Tribunal
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Application
for order
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155. On application, made not less than
thirty days after the making of a claim in
accordance with subsection 153(3),
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the Tribunal shall make an order determining
liability for loss or damage and the amount of
compensation payable in respect of it.
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Minimization
of loss or
damage
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156. (1) In order to minimize any loss or
damage suffered by a claimant, the Tribunal
may
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Terms of
payment
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(2) The Tribunal may require compensation
to be paid by one lump sum payment or by
periodic payments of equal or different
amounts and may order that, where the limit
referred to in paragraph 153(2)(c) has been
met, compensation be prorated.
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Apportionme
nt of liability
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(3) If the Tribunal determines that more
than one developer caused the loss or damage,
it shall apportion liability in accordance with
generally accepted legal principles.
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Deadline
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157. The Tribunal shall render a decision on
an application within thirty days after
completing the hearing of the application.
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Other Remedies
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Developer,
Minister and
Ship-source
Oil Pollution
Fund
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158. (1) Nothing in this Division shall be
construed as limiting or restricting any
remedy that a developer, the Minister or the
Ship-source Oil Pollution Fund may have
against any person other than the claimant.
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Claimant
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(2) Subject to section 166, this Division is
without prejudice to any other right or remedy
that a claimant may have under a law of
general application.
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DIVISION 6 |
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GENERAL |
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Decisions of the Tribunal
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Costs
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159. The costs relating to an application to
or a hearing before the Tribunal that are
incurred by the parties are in the discretion of
the Tribunal and the Tribunal may, by order,
award such costs on or before the final
disposition of the application.
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Reasons for
decisions
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160. The Tribunal shall give written reasons
for every decision that it makes in relation to
an application.
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Copies
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161. As soon as practicable after making a
decision in relation to an application, the
Tribunal shall give copies of the decision and
the reasons for it to the parties.
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Proof of
orders
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162. A document purporting to be an order
or other decision of the Tribunal, or to be
certified by the Chairperson of the Tribunal or
any other person authorized by the by-laws as
a true copy of such a decision, is evidence of
the making of the decision and of its contents,
without proof of the signature or official
character of the person appearing to have
signed the decision or certified the copy.
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Order binding
on successor
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163. An order of the Tribunal is binding on,
and the rights and obligations under it extend
to, any person who subsequently acquires the
ownership of or other interest or right in the
land that is subject to the order and, in the case
of an entry order, the right of access and the
right for which the right of access was
acquired.
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Enforcement
of orders
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164. (1) An order of the Tribunal may be
made an order of the Nunavut Court of Justice
by filing a certified copy of the order with the
registrar of the Court and the order is
enforceable in the same manner as an order of
that Court.
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Wildlife
compensation
orders
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(2) At the request of a claimant, the
Tribunal shall file a certified copy of an order
made under section 155 with the registrar of
the Nunavut Court of Justice.
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Assistance by
Tribunal
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165. The Tribunal may provide assistance
in the enforcement of an order made under
section 155.
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Review of Orders
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Findings of
fact
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166. Subject to sections 167 to 169 and the
Federal Court Act, a determination of the
Tribunal on the following questions is final
and binding:
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Review by
Tribunal
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167. The Tribunal may, on application
made by any person who was a party to the
hearing held in respect of the order or any
successor to such a party referred to in section
163, review any of its orders, including an
order made under this section, where it
appears, in the opinion of the Tribunal, that
there has been a material change in the facts or
circumstances relating to the order and shall
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Termination
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168. The Tribunal shall, on application
made by any person who was a party to the
hearing held in respect of the order or any
successor to such a party referred to in section
163, terminate an entry order under this Part if
it is satisfied that the land subject to the order
is no longer being used for the purpose for
which the order was made.
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Review of
compensation
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169. (1) Except where every person to
whom notice is given under subsection (2)
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the Tribunal shall review the amount of
compensation payable under an order
providing for compensation in relation to
Inuit-owned lands at the expiry of each five
year period after the day on which the order
was made.
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Notice
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(2) The Tribunal shall, not later than sixty
days before the expiry of each period referred
to in subsection (1), notify, in writing, each
person to whom a copy of the order was sent
and any successor to such a person referred to
in section 163 who has notified the Tribunal of
the succession that
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Deemed
waiver
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(3) Every person who does not make
representations in the manner described in
paragraph (2)(b) is deemed to have waived the
requirement for a review.
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Regulations
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Regulations
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170. The Governor in Council may make
regulations
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