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

Marginal note:Application for order

155. On application, made not less than thirty days after the making of a claim in accordance with subsection 153(3),

• (a) by the claimant, or by a designated Inuit organization or a Hunters and Trappers Organization, within the meaning assigned to that expression by section 1.1.1 of the Agreement, on behalf of the claimant,

• (b) by a developer, or

• (c) by the Minister or the Administrator of the Ship-source Oil Pollution Fund, where the Minister, under subsection 154(1), or the Fund, under subsection 154(2), may be liable,

the Tribunal shall make an order determining liability for loss or damage and the amount of compensation payable in respect of it.

Marginal note:Minimization of loss or damage

• 156. (1) In order to minimize any loss or damage suffered by a claimant, the Tribunal may

  • (a) dispose of any portion of the application that concerns loss or damage described in paragraph 153(1)(a) before any portion that concerns any other loss;

  • (b) require that interest be paid on compensation, at a rate set by the Tribunal, from the later of the date the loss or damage occurred and the date that it came to the knowledge of the claimant; and

  • (c) provide for additional compensation

    • (i) for any additional loss or damage, and

    • (ii) for costs, including costs of collecting,

    that may result from any delay in carrying out the terms of an order determining the amount of compensation.

• Marginal note:Terms of payment

  (2) The Tribunal may require compensation to be paid by one lump sum payment or by periodic payments of equal or different amounts and may order that, where the limit referred to in paragraph 153(2)(c) has been met, compensation be prorated.

• Marginal note:Apportionment of liability

  (3) If the Tribunal determines that more than one developer caused the loss or damage, it shall apportion liability in accordance with generally accepted legal principles.

Marginal note:Deadline

157. The Tribunal shall render a decision on an application within thirty days after completing the hearing of the application.

Marginal note:Developer, Minister and Ship-source Oil Pollution Fund

• 158. (1) Nothing in this Division shall be construed as limiting or restricting any remedy that a developer, the Minister or the Ship-source Oil Pollution Fund may have against any person other than the claimant.

• Marginal note:Claimant

  (2) Subject to section 166, this Division is without prejudice to any other right or remedy that a claimant may have under a law of general application.