Compensation

Right to compensation

12. (1) Except as otherwise provided by a compensation agreement referred to in this Act, a person, including the designated Inuit organization, who is adversely affected by a licensed use of waters or deposit of waste, or by an unlicensed use of waters or deposit of waste authorized by the regulations, is entitled to be compensated in respect of that adverse effect by the licensee or the person so authorized and to recover the compensation in any court of competent jurisdiction.

Limitation

(2) A person, including the designated Inuit organization, is entitled to recover compensation pursuant to subsection (1) only to the extent that the person is not paid compensation under this Act in respect of the adverse effect.

NUNAVUT WATER BOARD

Establishment and Organization of Board

Establish-
ment of Board

13. (1) There is hereby established the Nunavut Water Board the members of which are to be appointed by the federal Minister.

Number of members

(2) Subject to sections 15 and 16, the Board consists of nine members, including the Chairperson.

Proportions

(3) The following rules apply to the appointment of members, other than the Chairperson:

    (a) one half of the members shall be appointed on the nomination of the desig nated Inuit organization; and

    (b) one quarter of the members shall be appointed on the nomination of

      (i) the territorial Minister responsible for renewable resources, and

      (ii) the territorial Minister or Ministers designated, by an instrument of the Executive Council of the Northwest Territories, for the purposes of this paragraph.

Appointment of Chairperson

(4) The Chairperson shall be appointed after consultation with the other members.

Term of office

14. (1) Subject to subsection (2) and sections 15 and 18, a member of the Board holds office for a term of three years.

Acting after expiration of term

(2) Where the term of a member expires before the member has made a decision in a matter for which a public hearing is held, the member may, with the authorization of the Chairperson, continue to act as a member until the hearing is concluded and a decision is made in relation to that matter.

Presumption

(3) For the purposes of section 20, a member who continues to act under subsection (2) is deemed to no longer be a member of the Board.

Additional members

15. Additional members may be appointed to the Board for the performance of a specified purpose, or for a term of less than three years, in the manner and the proportions provided by subsection 13(3).

Inuit of northern Quebec

16. (1) During any period preceding the ratification by the parties of an agreement to settle the offshore land claims of the Inuit of northern Quebec, the federal Minister shall appoint, on the nomination of Makivik, a number of substitute members of the Board equal to one-half the number appointed on the nomination of the designated Inuit organization.

Role of substitute members

(2) In respect of licensing decisions of the Board that apply to any area of equal use and occupancy described in Schedule 40-1 of the Agreement, the substitute members shall act in the place of such members appointed on the nomination of the designated Inuit organization as are identified by the federal Minister, after consultation with that organization, at the time of the appointment of the substitute members.

Term

(3) Subject to subsections 14(2) and (3), the term of a substitute member is three years, except that the term of that member expires on the ratification referred to in subsection (1).

Status of substitute members

(4) Substitute members shall not be considered to be members, except in respect of decisions referred to in subsection (2).

Oath of office

17. Before taking up their duties, members of the Board shall take and subscribe the oath of office set out in Schedule II before a person authorized by law to administer oaths.

Removal

18. Any member of the Board may be removed for cause, but before a member who was nominated by the designated Inuit organization, Makivik or the territorial Ministers is removed, the federal Minister shall consult the designated Inuit organization, Makivik or the territorial Ministers, as the case may be.

Reappoint-
ment

19. A member is eligible to be reappointed to the Board in the same or another capacity.

Vacancies

20. Where the office of a member becomes vacant, the federal Minister shall, without delay, appoint a new member to that office, and where the vacancy occurs during the term of a member the appointment shall be made for the remainder of that term.

Duties of Chairperson

21. The Chairperson is the chief executive officer of the Board and has such powers, duties and functions as are prescribed by the by-laws of the Board.

Conflict of interest

22. (1) No member of the Board may participate in a decision in which that member has a material conflict of interest.

Status of Inuk or interest in land

(2) A member is not placed in a material conflict of interest merely because the member has the status under the Agreement of an Inuk or has an interest in land in Nunavut.

Expenses

23. (1) Each member of the Board shall be paid such travel and living expenses incurred by the member while absent from the member's ordinary place of residence in the course of performing duties under this Act as are consistent with Treasury Board directives for public servants.

Workers' compensation

(2) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulation made pursuant to section 9 of the Aeronautics Act.

Languages

Language of business

24. (1) The Board shall conduct its business in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the federal Minister, and, on request by a member, in Inuktitut.

Public hearings

(2) The Board shall conduct public hearings in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the federal Minister, and, on request by a member, an applicant or an intervenor, in Inuktitut.

Translation or interpreta-
tion

(3) Nothing in subsection (1) or (2) shall be construed to prevent the use of translation or interpretation services where a member is otherwise unable to conduct business in Inuktitut or in either official language.

Witnesses

(4) The Board has, in any proceedings before it, the duty to ensure that any person giving evidence before it may be heard in Inuktitut or either official language, and that in being so heard the person will not be placed at a disadvantage by not being heard in another of those languages.

Inuinaqtuun

(5) In this section, ``Inuktitut'' includes Inuinaqtuun.

Head Office and Meetings

Head office

25. The head office of the Board shall be at Rankin Inlet, or at such other place in Nunavut as the Governor in Council may designate.

Meetings

26. (1) The Board shall ordinarily hold its meetings in Nunavut.

Participation by telephone

(2) Subject to the by-laws of the Board, any member may participate in a business meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Act to be present at that meeting.

Status and General Powers

Status

27. (1) The Board is an institution of public government but is not an agent of Her Majesty.

Powers

(2) The Board may, for the purposes of conducting its business,

    (a) acquire personal property in its own name and dispose of the property; and

    (b) enter into contracts in its own name.

Legal proceedings

(3) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Board may be brought or taken by or against the Board in its name in any court that would have jurisdiction if the Board were a corporation.

Panels

28. (1) The Board may establish panels of the Board and delegate any of its powers, duties and functions to them.

Composition

(2) Every panel shall consist of equal numbers of members appointed to the Board on the nomination of the designated Inuit organization or Makivik, as the case may be, and other members.

Staff

29. The Board may employ such officers and employees and engage the services of such agents, advisers and experts as are necessary for the proper conduct of its business, and may fix the terms and conditions of their employment or engagement and pay their remuneration.

Financial Provisions

Annual budget

30. (1) The Board shall annually submit a budget for the following fiscal year to the federal Minister for consideration.

Accounts

(2) The Board shall maintain books of account and records in relation to them in accordance with accounting principles recommended by the Canadian Institute of Chartered Accountants or its successor.

Consolidated financial statements

(3) The Board shall, within such time after the end of each fiscal year as the federal Minister specifies, prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (2), and shall include in the consolidated financial statements any information or statements that are required in support of them.

Audit

(4) The accounts, financial statements and financial transactions of the Board shall be audited annually by the auditor of the Board and, where the federal Minister requests, the Auditor General of Canada. The auditor and, where applicable, the Auditor General of Canada, shall make a report of the audit to the Board, and the Board shall, as soon as practicable, send the report to the Minister.

Reports

Annual report

31. (1) The Board shall, within three months after the end of each fiscal year, submit to the federal Minister a report on its activities in that year, and shall include in that annual report information on the following matters:

    (a) its operations;

    (b) the number of applications made to it;

    (c) the decisions made by it; and

    (d) any other matters that the federal Minister may specify.

Publication

(2) The Board shall publish the annual report.

Rules and By-laws

Rules

32. The Board may make rules respecting the practice and procedure in relation to applications to and hearings before it.

Publication of proposed rules

33. (1) At least sixty days before making a rule, the Board shall give notice of the proposed rule in a newspaper or other periodical that, in the opinion of the Board, has a large circulation in Nunavut, and to the council of each municipality in Nunavut. The notice shall invite interested persons to make representations in writing to the Board with respect to the proposed rule within sixty days after the publication of the notice.

Exception

(2) Notice of a proposed rule need not be published more than once pursuant to subsection (1), whether or not the rule is amended after the publication as a result of representations made to the Board, but the rule

    (a) must not be made until after the Board has responded to any representations made; and

    (b) must be published in the Canada Gazette immediately after it is made.

Non-
application of Statutory Instruments Act

(3) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of the rules of the Board.

Principles to be applied

34. The Board shall apply the following principles when making rules for the conduct of public hearings:

    (a) the admission of evidence that would not normally be admissible under strict rules of evidence shall be allowed, and appropriate weight shall be given to such evidence; and

    (b) due regard and weight shall be given to Inuit culture, customs and knowledge.

By-laws

35. The Board may make by-laws respecting the conduct and management of its internal administrative affairs.