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

Marginal note:Definitions

143. The definitions in this section apply in this Division.

“non-Inuit-owned land”

« terre non inuit »

“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.

“occupant”

« occupant »

“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.

Marginal note:Applications for entry orders

144. On application by any person

• (a) who has a mineral right granted by Her Majesty in right of Canada,

• (b) who has, under another Act of Parliament, for the purpose of exercising that mineral right, a right of access to non-Inuit-owned land that is subject to the consent of the owner or occupant, and

• (c) who has been unable to obtain the consent of the owner or occupant,

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.

Marginal note:Offer of compensation

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.

Marginal note:Terms and conditions

146. The Tribunal may include in an entry order in respect of a right of access

• (a) terms and conditions respecting any of the following matters, namely,

  • (i) the times when the right may be exercised,

  • (ii) the giving of notice,

  • (iii) limitations on the location in which the right may be exercised and on routes of access,

  • (iv) limitations on the number of persons exercising the right,

  • (v) limitations on the activities that may be carried on and the equipment that may be used,

  • (vi) the giving of security in accordance with the regulations and the purposes for which the security is given,

  • (vii) abandonment and restoration work, and

  • (viii) the right of the owner or occupant of the land to verify, by inspection or otherwise, whether the other terms and conditions have been complied with; and

• (b) any other terms and conditions that the Tribunal considers appropriate to minimize any damage to or interference with the use and peaceful enjoyment of the land by the owner or occupant of the land.