Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)
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Assented to 2002-04-30
Marginal note:Termination
168. The Tribunal shall, 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, terminate an entry order under this Part if it is satisfied that the land subject to the order is no longer being used for the purpose for which the order was made.
Marginal note:Review of compensation
169. (1) Except where every person to whom notice is given under subsection (2)
(a) waives the requirement for a review, or
(b) is deemed, under subsection (3), to have waived that requirement,
the Tribunal shall review the amount of compensation payable under an order providing for compensation in relation to Inuit-owned lands at the expiry of each five year period after the day on which the order was made.
Marginal note:Notice
(2) The Tribunal shall, not later than sixty days before the expiry of each period referred to in subsection (1), notify, in writing, each person to whom a copy of the order was sent and any successor to such a person referred to in section 163 who has notified the Tribunal of the succession that
(a) the Tribunal intends to review the amount of compensation payable under the order; and
(b) the person may make written representations in respect of the amount of compensation to the Tribunal within thirty days after the day on which the person receives the notice.
Marginal note:Deemed waiver
(3) Every person who does not make representations in the manner described in paragraph (2)(b) is deemed to have waived the requirement for a review.
Regulations
Marginal note:Regulations
170. The Governor in Council may make regulations
(a) prescribing what constitutes a material conflict of interest for the purposes of subsection 125(2);
(b) respecting the maintenance of public records by the Tribunal;
(c) respecting the amount of security that may be required to be given under a term or condition of an order of the Tribunal made under this Part and the nature, form, terms and conditions of the security and the manner in which the security may be realized;
(d) prescribing, for the purposes of subsections 140(3) and 147(3), a rate of interest or rules for determining the rate of interest that may be payable on compensation payments;
(e) prescribing, for the purposes of paragraph 153(2)(c), limits of liability of developers, or the method for determining such limits, that are sufficient to cover reasonably foreseeable damages in relation to various development activities; and
(f) generally, for carrying out the purposes and provisions of this Part.
PART 3
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND COORDINATING AMENDMENTS AND COMING INTO FORCE
Transitional Provisions
Marginal note:Continuation of Nunavut Water Board
171. (1) The Board established by section 14 and the Nunavut Water Board established under the Agreement before the day on which this Act is assented to are hereby declared for all purposes to be one and the same body.
Marginal note:Acts and decisions of the Board
(2) Any act of the Board taken, or any decision made by it under the Agreement, before the day on which this Act is assented to is deemed, to the extent that the act or decision would have been valid under this Act, to have been validly taken or made under this Act.
Marginal note:Ministerial approval
(3) Any approval to the issuance of a licence by the Board that was given by the Minister before the day on which this Act is assented to is deemed to have been validly given under this Act, to the extent that the approval would have been validly given under this Act with the exception of subsections 56(2) to (2.2).
Marginal note:Actions of inspectors
(4) Any actions taken in Nunavut by inspectors under the Northwest Territories Waters Act, for the period beginning on July 9, 1996 and ending on the day before the day on which this Act is assented to, are deemed, to the extent that the actions would have been valid under this Act, to have been validly taken under this Act.
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