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
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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
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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
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| 26. Head office
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| 27. Business meetings
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| Status and General Powers
|
| 28. Status
|
| 29. Panels
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| 30. Staff
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| 31. Indemnification of Board members and employees
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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
|
| 49. Delegation
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| Procedure
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| 50. Standing
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| 51. Applications determined summarily
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| 52. Public hearing required
|
| 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. Failure to respond
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| 60. Compensation of other users
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| 61. Factors in determining compensation
|
| 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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| Mackenzie Valley
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| 69. Gwich'in Sahtu lands
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| Conditions of Licences
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| 70. Powers of Board
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| 71. Purpose of conditions
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| 72. Conditions of waste deposit
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| 73. Regulations under Fisheries Act
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| 74. Conditions relating to design of works
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| 75. Licence conditions deemed amended
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| Security
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| 76. Security
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| Expropriation
|
| 77. Permission to expropriate
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| Public Register
|
| 78. Public register
|
| Decisions
|
| 79. Reasons for decisions
|
| 80. Decisions final
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| 81. Appeal to Federal Court
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DIVISION 3 |
GENERAL |
| Regulations and Orders
|
| 82. Regulations
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| 83. Reservation of water rights
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| 84. Recommendations to Minister
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| Enforcement
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| 85. Inspectors and analysts
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| 86. Powers of inspection
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| 87. Remedial measures
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| 88. Obstruction
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| 89. Where work closed or abandoned
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| Offences and Punishment
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| 90. Principal offences
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| 91. Other offences
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| 92. Limitation period
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| 93. Action to enjoin not prejudiced by prosecution
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| 94. Certificate of analyst
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PART 2 |
NUNAVUT SURFACE RIGHTS TRIBUNAL |
Interpretation |
| 95. Definitions
|
General Provisions |
| 96. Review
|
| 97. Access with consent
|
Her Majesty |
| 98. Binding on Her Majesty
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DIVISION 1 |
ESTABLISHMENT AND ORGANIZATION OF TRIBUNAL |
| Tribunal Established
|
| 99. Establishment
|
| 100. Residency qualification
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| 101. Term of office
|
| 102. Reappointment
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| 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
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| 112. Property and contracts
|
| Status
|
| 113. Status
|
| Financial Provisions
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| 114. Annual budget
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| Annual Report
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| 115. Annual report
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| 116. Publication
|
| Jurisdiction of Tribunal
|
| 117. Negotiations
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| 118. Matters not raised
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| Applications and Hearings
|
| 119. Informal and expeditious
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| 120. General powers of Tribunal
|
| 121. Parties to a hearing
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| 122. Hearing in absence of party
|
| 123. Location of hearing
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| 124. Hearing of applications
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| 125. Assignment of members
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| 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
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| 132. Pre-publication
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DIVISION 2 |
ENTRY ORDERS FOR INUIT-OWNED LANDS |
| Exercise of Mineral Rights
|
| 133. Use and occupation
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| 134. Prospecting right
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| 135. Access to other land
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| Other Commercial Purposes
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| 136. Right to cross
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| Construction Materials
|
| 137. Right to remove materials
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| General Rules for Orders
|
| 138. Offer of compensation
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| 139. Terms and conditions
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| 140. Compensation factors
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| 141. Allocation
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| 142. Effect of entry order
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DIVISION 3 |
ENTRY ORDERS FOR NON-INUIT-OWNED LAND |
| Interpretation
|
| 143. Definitions
|
| Exercise of Mineral Rights
|
| 144. Applications for entry orders
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| General Rules for Orders
|
| 145. Offer of compensation
|
| 146. Terms and conditions
|
| 147. Compensation factors
|
| 148. Allocation
|
| 149. Effect of entry order
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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
|