Bill C-62
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| Review by
Minister
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(3) Where an inspector gives a direction to
a person under subsection (1), the Minister
may, and if so requested by the person shall,
review the direction without delay, and after
completion of the review may alter or revoke
the direction.
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| Powers of
inspector
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(4) Where a person fails to comply with a
direction given under subsection (1), the
inspector may take the measures referred to in
that subsection and may, for that purpose,
enter any place in Nunavut, other than a place
that is designed to be used and is being used as
a permanent or temporary private
dwelling-place.
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| Recovery of
Her Majesty's
costs
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(5) Any portion of the reasonable costs
incurred by Her Majesty in right of Canada
under subsection (4) that is not recoverable
from the security furnished and maintained
under section 75 may be recovered as a debt
due to Her Majesty from the person to whom
the direction was given.
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| Obstruction
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87. (1) No person shall wilfully obstruct or
otherwise interfere with an inspector in the
carrying out of functions under this Part.
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| False
statements
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(2) No person shall knowingly make a false
or misleading statement, either orally or in
writing, to an inspector or other person
engaged in carrying out functions under this
Part.
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| Where work
closed or
abandoned
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88. (1) Where the Minister believes, on
reasonable grounds, that
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the Minister may take any reasonable
measures to prevent, counteract, mitigate or
remedy any resulting adverse effect on
persons, property or the environment and may,
for that purpose, enter any place in Nunavut,
other than a place that is designed to be used
and is being used as a permanent or temporary
private dwelling-place.
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| Recovery of
Her Majesty's
costs
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(2) Any portion of the reasonable costs
incurred by Her Majesty in right of Canada
under subsection (1) that is not recoverable
from the security furnished and maintained
under section 75 may be recovered as a debt
due to Her Majesty from the person who
closed or abandoned the work, to the extent
that the incurring of those costs resulted from
a contravention of a condition or provision
referred to in subparagraph (1)(b)(i).
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Offences and Punishment
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| Principal
offences
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89. (1) Any person who contravenes
subsection 11(1) or section 12, or fails to
comply with subsection 11(3) or with a
direction given by an inspector under
subsection 86(1), is guilty of an offence and
liable on summary conviction to a fine not
exceeding $100,000 or to imprisonment for a
term not exceeding one year, or to both.
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| Type A
licences
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(2) A licensee holding a type A licence who
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is guilty of an offence and liable on summary
conviction to a fine not exceeding $100,000 or
to imprisonment for a term not exceeding one
year, or to both.
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| Type B
licences
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(3) A licensee holding a type B licence who
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is guilty of an offence and liable on summary
conviction to a fine not exceeding $15,000 or
to imprisonment for a term not exceeding six
months, or to both.
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| Continuing
offences
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(4) Where an offence under this section is
committed on or continued for more than one
day, it is deemed to be a separate offence for
each day on which it is committed or
continued.
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| Other
offences
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90. Any person is guilty of an offence
punishable on summary conviction who
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| Limitation
period
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91. Proceedings in respect of an offence
under this Part may not be instituted later than
two years after the time when the
subject-matter of the proceedings arose.
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| Action to
enjoin not
prejudiced by
prosecution
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92. (1) Notwithstanding that a prosecution
has been instituted in respect of an offence
under section 89, the Attorney General of
Canada may commence and maintain
proceedings to enjoin conduct that constitutes
an offence under that section.
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| Civil remedy
not affected
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(2) No civil remedy for any act or omission
is affected because the act or omission is an
offence under this Part.
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| Certificate of
analyst
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93. (1) Subject to this section, a certificate
purporting to be signed by an analyst, stating
that the analyst has analysed or examined a
sample submitted by an inspector and giving
the results of the analysis or examination,
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| Attendance of
analyst
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(2) A party against whom a certificate of an
analyst is produced under subsection (1) may,
with leave of the court, require the attendance
of the analyst for the purposes of
cross-examination.
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| Notice
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(3) No certificate shall be admitted in
evidence under subsection (1) unless the party
intending to produce it has given to the party
against whom it is intended to be produced
reasonable notice of that intention, together
with a copy of the certificate.
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PART 2 |
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NUNAVUT SURFACE RIGHTS TRIBUNAL |
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Interpretation |
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| Definitions
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94. The definitions in this section apply in
this Part.
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| ``flora'' « espèces végétales »
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``flora'' means terrestrial and aquatic flora and
any of their parts or products. It does not
include trees suitable for commercial
production of lumber or other building
materials except where such trees are
required by Inuit for local use, land-based
activities or handicraft production.
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| ``harvesting'' « exploita- tion »
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``harvesting'' means, in relation to wildlife,
reduction into possession and includes
hunting, trapping, fishing as defined in
section 2 of the Fisheries Act, netting,
egging, picking, collecting, gathering,
spearing, killing, capturing or taking by any
means.
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| ``Tribunal'' « Tribunal »
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``Tribunal'' means the Nunavut Surface
Rights Tribunal established by section 98.
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| ``wildlife'' « ressources fauniques »
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``wildlife''
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General Provisions |
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| Review
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95. The Minister shall review the provisions
of this Part, except those provisions that
implement obligations under the Agreement,
with the representatives of any aboriginal
group that is negotiating, in relation to
Nunavut, a land claim, the implementation of
a treaty or self-government in order to
determine whether the provisions under
review are inconsistent with the matters being
negotiated and, if so, whether those provisions
should be amended.
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| Access with
consent
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96. (1) For greater certainty, except where
otherwise provided in the Agreement, no
persons, other than Inuit, may enter, cross or
remain on Inuit-owned land without the
consent of the designated Inuit organization.
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| Effect of entry
order
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(2) Neither the issuance of an entry order by
the Tribunal nor any term or condition of such
an entry order has the effect of exempting the
person to whom the entry order is issued from
any obligation, restriction or prohibition
imposed by an Act of Parliament, including an
obligation, restriction or prohibition set out in
the Agreement, or by an instrument made or
issued under an Act of Parliament.
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Her Majesty |
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| Binding on
Her Majesty
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97. This Part is binding on Her Majesty in
right of Canada or a province.
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DIVISION 1 |
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ESTABLISHMENT AND ORGANIZATION OF TRIBUNAL |
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Tribunal Established
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| Establish- ment
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98. (1) There is hereby established the
Nunavut Surface Rights Tribunal consisting
of a Chairperson and not fewer than two nor
more than ten other members to be appointed
by the Minister.
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| Odd number
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(2) The Minister shall make such
appointments as are necessary to ensure that
an odd number of members holds office at any
time.
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| Residency
qualification
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99. (1) At least two of the members must be
resident in Nunavut.
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| Effect of
ceasing to be
resident
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(2) If the Minister determines that a
member has ceased to be resident in Nunavut
and that the condition imposed by subsection
(1) is not satisfied, the appointment of the
member is terminated as of the date the
member receives written notification from the
Minister that the determination has been
made.
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| Term of office
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100. (1) A member shall be appointed to
hold office for a term not exceeding three
years.
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| Acting after
expiry of term
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(2) If the term of a member expires before
the member has made a decision in a matter
for which a hearing is held, the member may,
with the authorization of the Chairperson,
continue to act as a member only in relation to
that matter until the hearing is concluded and
a decision is made. The office of the member
is deemed to be vacant as soon as the term
expires for the purpose of the appointment of
a replacement.
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| Reappointmen
t
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101. A member is eligible to be reappointed
to the Tribunal in the same or another capacity.
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| Duties of
Chairperson
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102. The Chairperson is the chief executive
officer of the Tribunal and has such powers,
duties and functions as are prescribed by the
by-laws of the Tribunal.
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| Remunera- tion and expenses
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103. (1) The members of the Tribunal shall
receive fair remuneration, as determined by
the Minister, for the performance of their
duties and shall be paid such travel and living
expenses incurred while absent from their
ordinary place of residence in the course of
performing their duties as are consistent with
Treasury Board directives for public servants.
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| Workers'
compensation
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(2) A member is deemed to be an employee
for the purposes of the Government
Employees Compensation Act and to be
employed in the public service of Canada for
the purposes of any regulations made under
section 9 of the Aeronautics Act.
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| Protection
from liability
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104. The members and employees of the
Tribunal are not liable for anything done or
omitted to be done in good faith in the exercise
or purported exercise of any of their powers.
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Languages
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| Language of
business
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105. (1) The Tribunal shall conduct its
business in both of the official languages of
Canada in accordance with the Official
Languages Act and any directives of the
Minister and, on request by any designated
Inuit organization, in Inuktitut.
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| Translation or
interpre- tation
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(2) Subject to subsections 16(1) and (2) of
the Official Languages Act, nothing in
subsection (1) shall be construed to prevent
the use of translation or interpretation services
where a member of the Tribunal is otherwise
unable to conduct business in Inuktitut or in
either official language.
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| Witnesses
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(3) The Tribunal has, in any proceedings
before it, the duty to ensure that any person
giving evidence before it may be heard in
Inuktitut or in either official language, and
that in being so heard the person will not be
placed at a disadvantage by not being heard in
another of those languages.
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| Duty to
provide
simultaneous
interpre- tation
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(4) The Tribunal has, in any proceedings
before it, the duty to ensure that, at the request
of any party to the proceedings, facilities are
made available for the simultaneous
interpretation of the proceedings, including
the evidence given and taken, from Inuktitut
into one of the official languages, from one of
the official languages into Inuktitut or from
one of the official languages into the other.
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| Translation of
documents
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(5) The Tribunal has, in any proceedings
before it, the duty to provide a translation of
any document prepared in Inuktitut or in one
of the official languages for the purpose of the
proceedings by a party to the proceedings into
one or both of the official languages or into
Inuktitut or the other official language where
necessary to enable another party to the
proceedings to understand and deal with the
document.
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| Translation of
orders
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(6) The Tribunal shall, on the request of a
party to any proceedings before it, provide a
translation into Inuktitut of any order made in
the proceedings, including any reasons given
for the order.
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Head Office and Meetings
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| Head office
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106. The head office of the Tribunal shall be
at Iqaluit or at such other place in Nunavut as
the Governor in Council may designate.
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| Business
meetings
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107. (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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108. 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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109. The Tribunal may employ such
officers and employees and engage the
services of such agents, advisors 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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110. 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 the Northwest Territories 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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111. (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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112. The Tribunal is an institution of public
government but is not an agent of Her Majesty.
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