Bill C-33

(b) the applicant or licensee has been unable to acquire the land or interest despite reasonable efforts to do so; and

(c) it is in the public interest that such permission be granted.

(a) if both parties make a request to the Arbitration Board established under Article 38 of the Agreement, the Arbitration Board shall

(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

(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);

(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;

(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;

(d) if the negotiation is not successful, or if there are no negotiations,

(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,

(ii) in section 35 and subsection 36(1) of that Act, the term ``adjudged'' shall be read as ``determined'',

(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

(iv) in subsections 36(2) and (3) of that Act, the term ``judgment'' shall be read as ``the arbitration determination''; and

(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.

(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

(b) to construct and maintain any work for the benefit of the owner or interested person,

(a) to the applicant or licensee;

(b) where the affected waters are ones in respect of which section 63 applies, to the designated Inuit organization; and

(c) to any other person with a right to compensation under section 58 or 60.

DIVISION 3

GENERAL

(a) establishing water management areas in Nunavut consisting of river basins or other geographical areas;

(b) for the purposes of paragraphs (b) to (d) of the definition ``waste'' in section 4,

(i) specifying substances and classes of substances,

(ii) prescribing quantities or concentrations of substances and classes of substances, and

(iii) describing treatments of or changes to water;

(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;

(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;

(e) prescribing the manner in which a report under subsection 12(3) is to be made;

(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;

(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;

(h) prescribing what constitutes a material conflict of interest for the purpose of subsection 23(1);

(i) in relation to the security referred to in subsection 76(1),

(i) prescribing the form and nature of the security and the terms and conditions on which it is to be furnished and maintained, and

(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;

(j) prescribing water quality standards in Nunavut, except in a national park;

(k) prescribing effluent standards in Nunavut, except in a national park;

(l) prescribing standards for the design, construction, operation and maintenance of works used in relation to appurtenant undertakings;

(m) prescribing the fees to be paid

(i) for the right to use waters or deposit waste in waters under a licence,

(ii) for the filing of any application with the Board, and

(iii) for inspection of the register maintained under section 78;

(n) prescribing the times at which and the manner in which the fees prescribed under paragraph (m) shall be paid;

(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;

(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;

(q) respecting the taking of representative samples of waters or waste and respecting the method of analysing those samples;

(r) prescribing the form of the register to be maintained under section 78 and the information to be entered in it;

(s) respecting the duties of persons designated as analysts under section 85; and

(t) generally, for carrying out the purposes and provisions of this Part.

(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

(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.

(a) enter any place in Nunavut in which the inspector believes, on reasonable grounds,

(i) a work is being constructed that, on completion, will form part of an appurtenant undertaking, or

(ii) any alteration or extension is being carried out on a work that forms part of an appurtenant undertaking;

(b) conduct such inspections of a work described in paragraph (a) as the inspector considers necessary in order to determine

(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

(ii) whether the alteration or extension of the work is likely to result in a contravention of any condition of a licence; and

(c) enter any place in Nunavut, except in a national park, in which the inspector believes, on reasonable grounds, that

(i) waters are being used,