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

Marginal note:Compensation factors

• 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

  • (a) the market value of the land;

  • (b) the loss of the use of the land to the owner or occupant of the land;

  • (c) any damage that may be caused to the land;

  • (d) any nuisance and inconvenience, including noise, to the owner or occupant of the land;

  • (e) any reasonable expenses that may be incurred by the owner or occupant of the land as or on account of costs of an inspection under subparagraph 146(a)(viii); and

  • (f) any reasonable costs incurred by the owner or occupant of the land in connection with the application and the hearing.

• Marginal note:Restriction

  (2) In determining the amount of compensation payable, the Tribunal shall not consider the reversionary value of the land.

• Marginal note:Payment

  (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.

Marginal note:Allocation

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.

Marginal note:Effect of entry order

• 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.

• Marginal note:Payment of compensation

  (2) No person may exercise the rights under an entry order until after the payment of 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 145.

Marginal note:Determinations about specified substances

150. On application by the designated Inuit organization or any person who has a mineral right granted by Her Majesty in right of Canada in relation to Inuit-owned land, the Tribunal shall

• (a) determine whether the specified substances in that land are removed, worked or used for a purpose strictly incidental to the exercise of the mineral right;

• (b) determine whether the specified substances are used for a purpose directly related to the exercise of the mineral right; or

• (c) fix the amount of compensation to be paid for specified substances that are used for a purpose not directly related to the exercise of the mineral right.