Bill C-33
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DIVISION 2 |
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ENTRY ORDERS FOR INUIT-OWNED LANDS |
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Exercise of Mineral Rights
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Use and
occupation
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133. On application by any person
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the Tribunal shall make an entry order setting
out the terms and conditions for the use and
occupation of that land to the extent necessary
for the purpose of exercising the mineral right.
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Prospecting
right
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134. (1) A person who has a right to
prospect for minerals and who applies under
section 133 for an entry order to exercise that
right on Inuit-owned land shall make a
separate application in respect of each parcel
of that land.
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Confidentialit
y
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(2) In disposing of an application made by
a person who has a right to prospect for
minerals, the Tribunal shall take into account
the need to provide confidentiality for that
person.
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Definition of
``parcel''
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(3) In subsection (1), ``parcel'' means the
portion of land represented by a code of letters
and numbers in the property description, as
defined in section 19.1.1 of the Agreement,
used for the purposes of conveying title to
Inuit-owned land.
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Access to
other land
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135. (1) Subject to subsection (2), on
application by any person
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the Tribunal shall make an entry order setting
out the terms and conditions for access to that
Inuit-owned land to the extent necessary for
the purpose of exercising the mineral right.
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Restriction
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(2) The Tribunal shall not make an entry
order under subsection (1) unless the applicant
satisfies the Tribunal that the access is
reasonably required.
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Other Commercial Purposes
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Right to cross
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136. (1) Subject to subsection (2), on
application by any person
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the Tribunal shall make an entry order setting
out the terms and conditions for the access.
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Restriction
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(2) The Tribunal shall not make an entry
order under subsection (1) unless an
arbitration panel established under Article 38
of the Agreement has, in accordance with the
Agreement,
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Terms and
conditions
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(3) An entry order made under subsection
(1) shall include terms and conditions to
minimize any damage to the Inuit-owned land
and interference with Inuit use of that land.
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Compensation
dispute
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(4) Where the designated Inuit organization
has consented to permit a person to cross
Inuit-owned land for commercial purposes but
that organization and that person are unable to
agree on appropriate compensation, the
Tribunal shall, on application by that
organization or person, make an order
resolving the matter.
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Construction Materials
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Right to
remove
materials
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137. (1) Subject to subsection (2), on
application by the Minister or the territorial
minister designated by an instrument of the
Executive Council of Nunavut, in any case
where the designated Inuit organization has
refused entry on Inuit-owned land to remove
sand, gravel or other like construction
materials, the Tribunal shall make an entry
order setting out the terms and conditions,
including the payment of compensation, for
entry on that land by agents of the Government
of Canada or of the Government of Nunavut to
remove those construction materials.
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Restriction
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(2) The Tribunal shall not make an entry
order under subsection (1) unless it
determines that the construction materials are
required for public purposes and that no
alternative supply is reasonably available.
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Terms and
conditions
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(3) An entry order made under subsection
(1) shall include terms and conditions to
minimize any damage to the Inuit-owned land
and interference with Inuit use of that land and
shall require the rehabilitation of the site by
the government that removed the construction
materials.
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Compensation
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(4) In determining the amount of
compensation that is payable as a term or
condition of an entry order made under
subsection (1), the Tribunal shall not take into
account any amount that is payable for the
construction materials.
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General Rules for Orders
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Offer of
compensation
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138. An applicant for an entry order shall
file with the application a copy of the most
recent written offer of compensation made to
the designated Inuit organization or to the
occupant of the land that would be subject to
the order.
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Terms and
conditions
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139. The Tribunal may include in an entry
order, in addition to the terms and conditions
required by this Part,
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Compensation
factors
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140. (1) Subject to subsection (2), in
determining the amount of compensation that
is payable under an order, the Tribunal may
consider such factors as it considers
appropriate and, without limiting the
generality of the foregoing, shall consider
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Restriction
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(2) In determining the amount of
compensation payable, the Tribunal shall not
consider the reversionary value of the land or
any entry fee payable.
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Payment
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(3) The Tribunal may require compensation
to be paid by one lump sum payment or by
periodic payments of equal or different
amounts and may require the payment of
interest, at a rate to be determined in
accordance with the regulations, on
compensation payments made after the day on
which they are required to be made.
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Allocation
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141. If the Tribunal finds that both the
designated Inuit organization and the
occupant of the land are affected by the access,
it may allocate any compensation payable
between them.
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Effect of entry
order
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142. (1) Subject to subsection (2), a person
to whom an entry order is issued and every
successor of that person referred to in section
163 who has notified the designated Inuit
organization of the succession is entitled to
have access to the land that is subject to the
entry order, in accordance with the terms and
conditions of the entry order.
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Payment of
entry fee and
compensation
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(2) No person may exercise the rights under
an entry order until after the payment of both
the entry fee fixed by regulations made under
the Nunavut Land Claims Agreement Act and
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 138.
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DIVISION 3 |
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ENTRY ORDERS FOR NON-INUIT-OWNED LAND |
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Interpretation
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Definitions
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143. The definitions in this section apply in
this Division.
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``non-Inuit-o
wned land'' « terre non inuit »
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``non-Inuit-owned land'' means land in
Nunavut that is not Inuit-owned land and
that is owned or occupied by a person other
than Her Majesty in right of Canada.
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``occupant''
« occupant »
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``occupant'' means, in respect of land, any
person, other than the owner of the land,
whose consent is required by or under
another Act of Parliament as a condition of
the exercise of a right of access to that land
by a person who has a mineral right.
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Exercise of Mineral Rights
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Applications
for entry
orders
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144. On application by any person
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the Tribunal shall make an entry order setting
out the terms and conditions for the exercise
of the right of access to the extent necessary
for the purpose of exercising the mineral right.
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General Rules for Orders
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Offer of
compensation
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145. An applicant for an entry order shall
file with the application a copy of the most
recent written offer of compensation made to
the owner or occupant of the land that would
be subject to the order.
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Terms and
conditions
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146. The Tribunal may include in an entry
order in respect of a right of access
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Compensation
factors
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147. (1) Subject to subsection (2), in
determining the amount of compensation that
is payable under an entry order, the Tribunal
may consider such factors as it considers
appropriate and, without limiting the
generality of the foregoing, shall consider
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Restriction
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(2) In determining the amount of
compensation payable, the Tribunal shall not
consider the reversionary value of the land.
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Payment
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(3) The Tribunal may require compensation
to be paid by one lump sum payment or by
periodic payments of equal or different
amounts and may require the payment of
interest, at a rate to be determined in
accordance with the regulations, on
compensation payments made after the day on
which they are required to be made.
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Allocation
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148. If the Tribunal finds that both the
owner and the occupant of the land are
affected by the access, it may allocate any
compensation payable between them.
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Effect of entry
order
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149. (1) Subject to subsection (2), a person
to whom an entry order is issued and every
successor of that person referred to in section
163 who has notified the owner or occupant of
the land that is subject to the entry order of the
succession is entitled to have access to that
land, in accordance with the terms and
conditions of the entry order.
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