Bill C-33
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Notice to
appropriate
minister
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(2) Where the Minister grants permission
under subsection (1), the applicant or licensee
shall so advise the appropriate minister in
relation to Part I of the Expropriation Act.
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Expropriation
Act
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(3) For the purposes of the Expropriation
Act, land or an interest in land in respect of
which the Minister has granted permission to
expropriate is deemed to be an interest in land
that, in the opinion of the appropriate minister
in relation to Part I of the Expropriation Act,
is required for a public work or other public
purpose, and a reference to the Crown in that
Act shall be read as a reference to the applicant
or licensee.
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Inuit-owned
land
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(4) When Inuit-owned land is expropriated
and the designated Inuit organization and the
applicant or licensee do not agree on the
compensation to be paid, notwithstanding
subsection (1), subsections 30(3) to (6) of the
Expropriation Act do not apply and
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Charges for
services
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(5) The appropriate minister in relation to
Part I of the Expropriation Act may make
regulations prescribing fees or charges to be
paid by an applicant or a licensee in respect of
an expropriation referred to in subsection (1),
and rates of interest payable in respect of those
fees and charges.
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Debt due to
Her Majesty
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(6) The fees or charges referred to in
subsection (5) are a debt due to Her Majesty in
right of Canada by the applicant or licensee,
and shall bear interest at the prescribed rate
from the date they are payable.
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Security
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(7) The appropriate minister in relation to
Part I of the Expropriation Act may require the
applicant or licensee to provide security, in an
amount determined by that minister and
subject to any terms and conditions that the
minister may specify, for the payment of any
fees or charges that are or may become
payable under this section.
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Mitigation of
damages -
enforcement
of
undertaking
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(8) Where the applicant or licensee, in
mitigation of any injury or damage caused or
likely to be caused to lands by an
expropriation, undertakes
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and the owner or interested person accepts the
undertaking, the undertaking is deemed to be
an undertaking referred to in paragraph
28(1)(b) of the Expropriation Act and it may
be enforced by the Board as if it were a
condition of the licensee's licence.
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Registration
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(9) A copy of the document evidencing the
permission granted by the Minister under
subsection (1), certified as such by the
Chairperson of the Board, shall be deposited
with the registrar of land titles for the
registration district in which the affected lands
are situated.
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Duties of
registrars of
deeds
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(10) The provisions of section 43 of the
National Energy Board Act relating to plans,
profiles and books of reference deposited with
registrars of deeds under that Act and the
duties of registrars of deeds with respect
thereto, in so far as they are reasonably
applicable and not inconsistent with this Part,
apply in respect of copies of documents
deposited under subsection (9).
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Exceptions
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(11) This section does not apply in respect
of lands in Nunavut that are vested in Her
Majesty in right of Canada or of which the
Government of Canada has power to dispose.
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Expropriation
subject to
Agreement
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(12) The expropriation of Inuit-owned land
under this section is subject to the terms of Part
9 of Article 21 of the Agreement.
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Public Register
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Public register
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78. (1) The Board shall maintain at its main
office, in the form prescribed by the
regulations, a register convenient for use by
the public, in which shall be entered, with
respect to each application filed with the
Board and with respect to each licence issued
by it, such information as is prescribed by the
regulations.
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Register to be
open to
inspection
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(2) The register shall be open to inspection
by any person, during normal business hours
of the Board, on payment of the fee prescribed
by the regulations.
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Copies of
contents of
register
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(3) The Board shall, on request and on
payment of the fee fixed by the Board, make
available copies of information contained in
the register.
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Decisions
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Reasons for
decisions
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79. (1) The Board shall issue, and make
available to the public, written reasons for its
decisions relating to any licence or
application.
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Copies of
decisions to
parties
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(2) The Board shall send a copy of its
decision and the reasons for it
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Decisions
final
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80. Except as provided in this Part, every
decision of the Board is final.
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Appeal to
Federal Court
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81. (1) An appeal may be taken from a
decision of the Board to the Federal Court on
a question of law, or a question of jurisdiction,
on leave being obtained from that Court on
application made within forty-five days after
the making of that decision or within such
further time as that Court or a judge of that
Court allows under special circumstances.
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Time limit
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(2) No appeal may be proceeded with unless
it is entered in the Federal Court within sixty
days after the making of the order granting
leave to appeal.
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DIVISION 3 |
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GENERAL |
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Regulations and Orders
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Regulations
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82. (1) The Governor in Council may, on the
recommendation of the Minister, make
regulations
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Concurrence
of Board
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(2) For the purposes of paragraphs (1)(a),
(c) and (d), the recommendation of the
Minister is subject to the concurrence of the
Board.
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Consultation
with the
Board
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(3) For the purposes of paragraph (1)(b), the
recommendation of the Minister shall be
made after consultation with the Board.
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Variation in
regulations
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(4) Regulations made under subsection (1)
may vary, among water management areas
established under paragraph (1)(a), according
to the use of waters, the purpose of that use and
the quantity and rate of flow of waters used,
and the quantities, concentrations and types of
waste deposited or any other criteria.
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Reservation of
water rights
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83. (1) The Governor in Council may, by
order, direct the Board not to issue licences
permitting the use of, or the deposit of waste
directly or indirectly into, any waters
specified in the order, or may prohibit a use of
waters or a deposit of waste that would
otherwise be authorized under paragraph
82(1)(c) or (d)
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Licences of
no effect
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(2) A licence issued in contravention of an
order made under subsection (1) is of no force
or effect.
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Recommendat
ions to
Minister
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84. The Board may, and at the request of the
Minister shall, make such recommendations
to the Minister as it considers appropriate
concerning any matter in respect of which the
Governor in Council is authorized by section
82 or 83 to make regulations or orders.
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Enforcement
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Inspectors and
analysts
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85. (1) The Minister may designate any
qualified person as an inspector or analyst for
the purposes of this Part.
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Certificate to
be produced
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(2) The Minister shall furnish every
inspector with a certificate of designation as
an inspector, and an inspector shall, if so
requested, produce the certificate to the
person in charge of any place entered by the
inspector.
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Powers of
inspection
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86. (1) For the purpose of ensuring
compliance with this Part, the regulations or a
licence, an inspector may, subject to
subsection (3), at any reasonable time,
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