Bill C-62
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TABLE OF PROVISIONS |
| AN ACT RESPECTING THE WATER RESOURCES OF
NUNAVUT AND THE NUNAVUT SURFACE RIGHTS
TRIBUNAL AND TO MAKE CONSEQUENTIAL
AMENDMENTS TO OTHER ACTS
|
| Preamble
|
SHORT TITLE |
| 1. Short title
|
INTERPRETATION |
| 2. Definitions
|
INCONSISTENCY |
| 3. Inconsistency with Agreement
|
PART 1 |
NUNAVUT WATERS |
Interpretation |
| 4. Definitions
|
Scope and Application |
| 5. Other Acts
|
| 6. Rights preserved
|
Her Majesty |
| 7. Binding on Her Majesty
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| 8. Waters vested in Her Majesty
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Delegation and Agreements |
| 9. Delegation to territorial minister
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| 10. Agreements with provinces
|
Prohibitions |
| 11. Use of waters
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| 12. Deposit of waste
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Compensation |
| 13. Right to compensation
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DIVISION 1 |
NUNAVUT WATER BOARD |
| Establishment and Organization of Board
|
| 14. Establishment of Board
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| 15. Term of office
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| 16. Additional members
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| 17. Inuit of northern Quebec
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| 18. Oath of office
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| 19. Removal
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| 20. Reappointment
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| 21. Vacancies
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| 22. Duties of Chairperson
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| 23. Conflict of interest
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| 24. Remuneration and expenses
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| Languages
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| 25. Language of business
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| Head Office and Meetings
|
| 26. Head office
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| 27. Business meetings
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| Status and General Powers
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| 28. Status
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| 29. Panels
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| 30. Staff
|
| 31. Protection from liability
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| Financial Provisions
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| 32. Annual budget
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| Rules and By-laws
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| 33. Powers of Board
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| 34. Pre-publication
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| Objects of Board and its Relationship with Other Bodies
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| 35. Objects
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| 36. Land use plans
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| 37. Environmental screening and review of projects
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| 38. Restriction on powers: non-conformity with plan
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| 39. Restriction on powers: environmental review of projects
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| 40. Other water authorities
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| 41. Marine areas
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DIVISION 2 |
LICENCES |
| General Rules
|
| 42. Issuance
|
| 43. Renewal, amendment and cancellation
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| 44. Assignment of licences
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| 45. Term
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| 46. Expiry or cancellation
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| 47. Precedence
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| Applications in Relation to Licences
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| 48. Requirements
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| 49. Delegation
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| Procedure
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| 50. Standing
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| 51. Applications determined summarily
|
| 52. Public hearing required
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| 53. Place of hearing
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| 54. Powers at hearings
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| 55. Notice of applications
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| Conditions of Issuance
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| 56. Approval of issuance
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| 57. Conditions for issuance of licence
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| 58. Compensation of existing users
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| 59. Limitation
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| 60. Compensation of other users
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| 61. Factors in determining compensation
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| Inuit-owned Land
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| 62. Priority of use
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| 63. Compensation agreements
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| 64. Use outside Nunavut
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| 65. Interpretation
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| 66. Negotiation to be in good faith
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| 67. Factors in determining compensation
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| 68. National parks in Nunavut
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| Conditions of Licences
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| 69. Powers of Board
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| 70. Purpose of conditions
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| 71. Conditions of waste deposit
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| 72. Regulations under the Fisheries Act
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| 73. Conditions relating to design of works
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| 74. Licence conditions deemed amended
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| Security
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| 75. Security
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| Expropriation
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| 76. Permission to expropriate
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| Public Register
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| 77. Public register
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| Decisions
|
| 78. Reasons for decisions
|
| 79. Decisions final
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| 80. Appeal to Federal Court
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DIVISION 3 |
GENERAL |
| Regulations and Orders
|
| 81. Regulations
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| 82. Reservation of water rights
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| 83. Recommendations to Minister
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| Enforcement
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| 84. Inspectors and analysts
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| 85. Powers of inspection
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| 86. Remedial measures
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| 87. Obstruction
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| 88. Where work closed or abandoned
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| Offences and Punishment
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| 89. Principal offences
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| 90. Other offences
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| 91. Limitation period
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| 92. Action to enjoin not prejudiced by prosecution
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| 93. Certificate of analyst
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PART 2 |
NUNAVUT SURFACE RIGHTS TRIBUNAL |
Interpretation |
| 94. Definitions
|
General Provisions |
| 95. Review
|
| 96. Access with consent
|
Her Majesty |
| 97. Binding on Her Majesty
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DIVISION 1 |
ESTABLISHMENT AND ORGANIZATION OF TRIBUNAL |
| Tribunal Established
|
| 98. Establishment
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| 99. Residency qualification
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| 100. Term of office
|
| 101. Reappointment
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| 102. Duties of Chairperson
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| 103. Remuneration and expenses
|
| 104. Protection from liability
|
| Languages
|
| 105. Language of business
|
| Head Office and Meetings
|
| 106. Head office
|
| 107. Business meetings
|
| By-laws
|
| 108. By-laws
|
| General Powers
|
| 109. Staff
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| 110. Government facilities and information
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| 111. Property and contracts
|
| Status
|
| 112. Status
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| Financial Provisions
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| 113. Annual budget
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| Annual Report
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| 114. Annual report
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| 115. Publication
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| Jurisdiction of Tribunal
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| 116. Negotiations
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| 117. Matters not raised
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| Applications and Hearings
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| 118. Informal and expeditious
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| 119. General powers of Tribunal
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| 120. Parties to a hearing
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| 121. Hearing in absence of party
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| 122. Location of hearing
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| 123. Hearing of applications
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| 124. Assignment of members
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| 125. Powers, duties and functions
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| 126. Information made available
|
| 127. References to Federal Court
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| Records
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| 128. Records
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| Rules
|
| 129. Procedures, mediation and costs
|
| 130. Non-application of Statutory Instruments Act
|
| 131. Pre-publication
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DIVISION 2 |
ORDERS FOR INUIT-OWNED LANDS |
| Exercise of Mineral Rights
|
| 132. Use and occupation
|
| 133. Prospecting right
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| 134. Access to other land
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| Other Commercial Purposes
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| 135. Right to cross
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| Construction Materials
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| 136. Right to remove materials
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| General Rules for Orders
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| 137. Offer of compensation
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| 138. Terms and conditions
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| 139. Compensation factors
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| 140. Allocation
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| 141. Effect of entry order
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DIVISION 3 |
ENTRY ORDERS FOR NON-INUIT-OWNED LAND |
| Interpretation
|
| 142. Definitions
|
| Exercise of Mineral Rights
|
| 143. Applications for entry orders
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| General Rules for Orders
|
| 144. Offer of compensation
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| 145. Terms and conditions
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| 146. Compensation factors
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| 147. Allocation
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| 148. Effect of entry order
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DIVISION 4 |
MINERAL RIGHTS AND CARVING STONE |
| Specified Substances on Inuit-owned Land
|
| 149. Determinations about specified substances
|
| Carving Stone on Crown Lands
|
| 150. Conflicts
|
DIVISION 5 |
WILDLIFE COMPENSATION |
| Interpretation
|
| 151. Definitions
|
| Liability of Developers
|
| 152. Loss or damage
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| 153. Liability of Minister
|
| Applications to Tribunal
|
| 154. Application for order
|
| 155. Minimization of loss or damage
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| 156. Deadline
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| Other Remedies
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| 157. Developer, Minister and Ship-source Oil Pollution Fund
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DIVISION 6 |
GENERAL |
| Decisions of the Tribunal
|
| 158. Costs
|
| 159. Reasons for decisions
|
| 160. Copies
|
| 161. Proof of orders
|
| 162. Order binding on successor
|
| 163. Enforcement of orders
|
| 164. Assistance by Tribunal
|
| Review of Orders
|
| 165. Findings of fact
|
| 166. Review by Tribunal
|
| 167. Termination
|
| 168. Review of compensation
|
| Regulations
|
| 169. Regulations
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PART 3 |
TRANSITIONAL PROVISIONS, AMENDMENTS TO THIS ACT, AMENDMENTS TO OTHER ACTS, CONDITIONAL AMENDMENT AND COMING INTO FORCE |
Transitional Provisions |
| 170-174. Transitional provisions
|
Amendments to This Act |
| 175-176. Coming into force of Nunavut Act
|
Amendments to Other Acts |
| 177. Access to Information Act
|
| 178. Arctic Waters Pollution Prevention Act
|
| 179. Mackenzie Valley Resource Management Act
|
| 180. Northern Canada Power Commission (Share Issuance and Sale Authorization) Act
|
| 181-192. Northwest Territories Waters Act
|
| 193. Canada Oil and Gas Operations Act
|
| 194. Privacy Act
|
| 195-196. Yukon Surface Rights Board Act
|
| 197-203. Yukon Waters Act
|
Conditional Amendment |
| 204. Bill C-57
|
Coming into Force |
| 205. Coming into force
|
| SCHEDULE 1
|
| SCHEDULE 2
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