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

Marginal note:Costs

159. The costs relating to an application to or a hearing before the Tribunal that are incurred by the parties are in the discretion of the Tribunal and the Tribunal may, by order, award such costs on or before the final disposition of the application.

Marginal note:Reasons for decisions

160. The Tribunal shall give written reasons for every decision that it makes in relation to an application.

Marginal note:Copies

161. As soon as practicable after making a decision in relation to an application, the Tribunal shall give copies of the decision and the reasons for it to the parties.

Marginal note:Proof of orders

162. A document purporting to be an order or other decision of the Tribunal, or to be certified by the Chairperson of the Tribunal or any other person authorized by the by-laws as a true copy of such a decision, is evidence of the making of the decision and of its contents, without proof of the signature or official character of the person appearing to have signed the decision or certified the copy.

Marginal note:Order binding on successor

163. An order of the Tribunal is binding on, and the rights and obligations under it extend to, any person who subsequently acquires the ownership of or other interest or right in the land that is subject to the order and, in the case of an entry order, the right of access and the right for which the right of access was acquired.

Marginal note:Enforcement of orders

• 164. (1) An order of the Tribunal may be made an order of the Nunavut Court of Justice by filing a certified copy of the order with the registrar of the Court and the order is enforceable in the same manner as an order of that Court.

• Marginal note:Wildlife compensation orders

  (2) At the request of a claimant, the Tribunal shall file a certified copy of an order made under section 155 with the registrar of the Nunavut Court of Justice.

Marginal note:Assistance by Tribunal

165. The Tribunal may provide assistance in the enforcement of an order made under section 155.

Marginal note:Findings of fact

166. Subject to sections 167 to 169 and the Federal Court Act, a determination of the Tribunal on the following questions is final and binding:

• (a) on any question of fact within its jurisdiction; and

• (b) in an application under section 155, on any question in relation to loss or damage described in subsection 153(1).

Marginal note:Review by Tribunal

167. The Tribunal may, on application made by any person who was a party to the hearing held in respect of the order or any successor to such a party referred to in section 163, review any of its orders, including an order made under this section, where it appears, in the opinion of the Tribunal, that there has been a material change in the facts or circumstances relating to the order and shall

• (a) where it determines that there has been a material change in the facts or circumstances relating to the order that would justify the amendment applied for,

  • (i) if the effects on Inuit or on Inuit-owned land that would be caused as a result of the amendment are significantly detrimental, rescind that order and make a new order accordingly, or

  • (ii) in any other case, amend the order accordingly; or

• (b) in any other case, dismiss the application.