Bill C-33
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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
|
SHORT TITLE |
| 1. Short title
|
INTERPRETATION |
| 2. Definitions
|
PRECEDENCE |
| 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
|
| 8. Waters vested in Her Majesty
|
Delegation and Agreements |
| 9. Delegation to territorial minister
|
| 10. Agreements with provinces
|
Prohibitions |
| 11. Use of waters
|
| 12. Deposit of waste
|
Compensation |
| 13. Right to compensation
|
DIVISION 1 |
NUNAVUT WATER BOARD |
| Establishment and Organization of Board
|
| 14. Establishment of Board
|
| 15. Term of office
|
| 16. Additional members
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| 17. Inuit of northern Quebec
|
| 18. Oath of office
|
| 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
|
| 24. Remuneration and expenses
|
| Languages
|
| 25. Language of business
|
| Head Office and Meetings
|
| 26. Head office
|
| 27. Business meetings
|
| Status and General Powers
|
| 28. Status
|
| 29. Panels
|
| 30. Staff
|
| 31. Indemnification of Board members and employees
|
| Financial Provisions
|
| 32. Annual budget
|
| Rules and By-laws
|
| 33. Powers of Board
|
| 34. Pre-publication
|
| Objects of Board and its Relationship with Other Bodies
|
| 35. Objects
|
| 36. Land use plans
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| 37. Environmental screening and review of projects
|
| 38. Restriction on powers: non-conformity with plan
|
| 39. Restriction on powers: environmental review of projects
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| 40. Other water authorities
|
| 41. Marine areas
|
DIVISION 2 |
LICENCES |
| General Rules
|
| 42. Issuance
|
| 43. Renewal, amendment and cancellation
|
| 44. Assignment of licences
|
| 45. Term
|
| 46. Expiry or cancellation
|
| 47. Precedence
|
| Applications in Relation to Licences
|
| 48. Requirements
|
| 49. Delegation
|
| Procedure
|
| 50. Standing
|
| 51. Applications determined summarily
|
| 52. Public hearing required
|
| 53. Place of hearing
|
| 54. Powers at hearings
|
| 55. Notice of applications
|
| Conditions of Issuance
|
| 56. Approval of issuance
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| 57. Conditions for issuance of licence
|
| 58. Compensation of existing users
|
| 59. Failure to respond
|
| 60. Compensation of other users
|
| 61. Factors in determining compensation
|
| Inuit-owned Land
|
| 62. Priority of use
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| 63. Compensation agreements
|
| 64. Use outside Nunavut
|
| 65. Interpretation
|
| 66. Negotiation to be in good faith
|
| 67. Factors in determining compensation
|
| 68. National parks in Nunavut
|
| Mackenzie Valley
|
| 69. Gwich'in Sahtu lands
|
| Conditions of Licences
|
| 70. Powers of Board
|
| 71. Purpose of conditions
|
| 72. Conditions of waste deposit
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| 73. Regulations under Fisheries Act
|
| 74. Conditions relating to design of works
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| 75. Licence conditions deemed amended
|
| Security
|
| 76. Security
|
| Expropriation
|
| 77. Permission to expropriate
|
| Public Register
|
| 78. Public register
|
| Decisions
|
| 79. Reasons for decisions
|
| 80. Decisions final
|
| 81. Appeal to Federal Court
|
DIVISION 3 |
GENERAL |
| Regulations and Orders
|
| 82. Regulations
|
| 83. Reservation of water rights
|
| 84. Recommendations to Minister
|
| Enforcement
|
| 85. Inspectors and analysts
|
| 86. Powers of inspection
|
| 87. Remedial measures
|
| 88. Obstruction
|
| 89. Where work closed or abandoned
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| Offences and Punishment
|
| 90. Principal offences
|
| 91. Other offences
|
| 92. Limitation period
|
| 93. Action to enjoin not prejudiced by prosecution
|
| 94. Certificate of analyst
|
PART 2 |
NUNAVUT SURFACE RIGHTS TRIBUNAL |
Interpretation |
| 95. Definitions
|
General Provisions |
| 96. Review
|
| 97. Access with consent
|
Her Majesty |
| 98. Binding on Her Majesty
|
DIVISION 1 |
ESTABLISHMENT AND ORGANIZATION OF TRIBUNAL |
| Tribunal Established
|
| 99. Establishment
|
| 100. Residency qualification
|
| 101. Term of office
|
| 102. Reappointment
|
| 103. Duties of Chairperson
|
| 104. Remuneration and expenses
|
| 105. Indemnification of Tribunal members and employees
|
| Languages
|
| 106. Language of business
|
| Head Office and Meetings
|
| 107. Head office
|
| 108. Business meetings
|
| By-laws
|
| 109. By-laws
|
| General Powers
|
| 110. Staff
|
| 111. Government facilities and information
|
| 112. Property and contracts
|
| Status
|
| 113. Status
|
| Financial Provisions
|
| 114. Annual budget
|
| Annual Report
|
| 115. Annual report
|
| 116. Publication
|
| Jurisdiction of Tribunal
|
| 117. Negotiations
|
| 118. Matters not raised
|
| Applications and Hearings
|
| 119. Informal and expeditious
|
| 120. General powers of Tribunal
|
| 121. Parties to a hearing
|
| 122. Hearing in absence of party
|
| 123. Location of hearing
|
| 124. Hearing of applications
|
| 125. Assignment of members
|
| 126. Powers, duties and functions
|
| 127. Information made available
|
| 128. References to Federal Court
|
| Records
|
| 129. Records
|
| Rules
|
| 130. Procedures, mediation and costs
|
| 131. Non-application of Statutory Instruments Act
|
| 132. Pre-publication
|
DIVISION 2 |
ENTRY ORDERS FOR INUIT-OWNED LANDS |
| Exercise of Mineral Rights
|
| 133. Use and occupation
|
| 134. Prospecting right
|
| 135. Access to other land
|
| Other Commercial Purposes
|
| 136. Right to cross
|
| Construction Materials
|
| 137. Right to remove materials
|
| General Rules for Orders
|
| 138. Offer of compensation
|
| 139. Terms and conditions
|
| 140. Compensation factors
|
| 141. Allocation
|
| 142. Effect of entry order
|
DIVISION 3 |
ENTRY ORDERS FOR NON-INUIT-OWNED LAND |
| Interpretation
|
| 143. Definitions
|
| Exercise of Mineral Rights
|
| 144. Applications for entry orders
|
| General Rules for Orders
|
| 145. Offer of compensation
|
| 146. Terms and conditions
|
| 147. Compensation factors
|
| 148. Allocation
|
| 149. Effect of entry order
|
DIVISION 4 |
MINERAL RIGHTS AND CARVING STONE |
| Specified Substances on Inuit-owned Land
|
| 150. Determinations about specified substances
|
| Carving Stone on Crown Lands
|
| 151. Conflicts
|
DIVISION 5 |
WILDLIFE COMPENSATION |
| Interpretation
|
| 152. Definitions
|
| Liability of Developers
|
| 153. Loss or damage
|
| 154. Liability of Minister
|
| Applications to Tribunal
|
| 155. Application for order
|
| 156. Minimization of loss or damage
|
| 157. Deadline
|
| Other Remedies
|
| 158. Developer, Minister and Ship-source Oil Pollution Fund
|
DIVISION 6 |
GENERAL |
| Decisions of the Tribunal
|
| 159. Costs
|
| 160. Reasons for decisions
|
| 161. Copies
|
| 162. Proof of orders
|
| 163. Order binding on successor
|
| 164. Enforcement of orders
|
| 165. Assistance by Tribunal
|
| Review of Orders
|
| 166. Findings of fact
|
| 167. Review by Tribunal
|
| 168. Termination
|
| 169. Review of compensation
|
| Regulations
|
| 170. Regulations
|
PART 3 |
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND COORDINATING AMENDMENTS AND COMING INTO FORCE |
Transitional Provisions |
| 171-175. Transitional provisions
|
Consequential Amendments |
| 176. Access to Information Act
|
| 177. Arctic Waters Pollution Prevention Act
|
| 178. Mackenzie Valley Resource Management Act
|
| 179. Northern Canada Power Commission (Share Issuance and Sale Authorization) Act
|
| 180-189. Northwest Territories Waters Act
|
| 190. Canada Oil and Gas Operations Act
|
| 191. Privacy Act
|
| 192. Yukon Surface Rights Board Act
|
| 193-199. Yukon Waters Act
|
Coordinating Amendments |
| 200. Bill C-14
|
| 201-202. Bill C-30
|
Coming into Force |
| 203. Coming into force
|
| SCHEDULE 1
|
| SCHEDULE 2
|