Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)

Marginal note:Access with consent

• 97. (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.

• Marginal note:Effect of entry order

  (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.

Marginal note:Binding on Her Majesty

98. This Part is binding on Her Majesty in right of Canada or a province.

Marginal note:Establishment

• 99. (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.

• Marginal note:Odd number

  (2) The Minister shall make such appointments as are necessary to ensure that an odd number of members holds office at any time.

Marginal note:Residency qualification

• 100. (1) At least two of the members shall be resident in Nunavut.

• Marginal note:Effect of ceasing to be resident

  (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 on which the member receives written notification from the Minister that the determination has been made.

Marginal note:Term of office

• 101. (1) A member shall be appointed to hold office for a term not exceeding three years.

• Marginal note:Acting after expiry of term

  (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.

Marginal note:Reappointment

102. A member is eligible to be reappointed to the Tribunal in the same or another capacity.

Marginal note:Duties of Chairperson

103. 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.