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Bill C-33

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Inuit-owned land

(4) When Inuit-owned land is expropriated and the designated Inuit organization and the applicant or licensee do not agree on the compensation to be paid, notwithstanding subsection (1), subsections 30(3) to (6) of the Expropriation Act do not apply and

    (a) if both parties make a request to the Arbitration Board established under Article 38 of the Agreement, the Arbitration Board shall

      (i) appoint a person who is acceptable to both parties to act as a negotiator for the purposes of section 30 of the Expropriation Act, and

      (ii) fix the remuneration and expenses, to be paid in equal shares by both parties to that person, for the period, not to exceed eight hours unless the parties agree to an extension of the number of hours, that the person performs the duties described in paragraphs (b) and (c);

    (b) the negotiator shall, on reasonable notice to the parties, meet with them or their authorized representatives, make any inspection of the land that the negotiator believes necessary, receive and consider appraisals, valuations or other written or oral evidence on which the parties rely for their estimation of the amount of compensation payable, whether or not the evidence would be admissible in proceedings before a court, and endeavour to effect a settlement;

    (c) the negotiator shall, within sixty days after the service of the notice to negotiate, report in writing to each of the parties and to the Arbitration Board concerning the success or failure in the matter of the negotiation;

    (d) if the negotiation is not successful, or if there are no negotiations,

      (i) sections 31 to 33 of the Expropriation Act do not apply, and compensation shall be determined by arbitration as set out in Article 38 of the Agreement,

      (ii) in section 35 and subsection 36(1) of that Act, the term ``adjudged'' shall be read as ``determined'',

      (iii) in section 35 and in subsections 36(1) and (5) of that Act, the term ``the Court'' shall be read as ``the arbitration panel'', and

      (iv) in subsections 36(2) and (3) of that Act, the term ``judgment'' shall be read as ``the arbitration determination''; and

    (e) evidence of anything said or of any admission made in the course of a negotiation under this subsection is not admissible in any proceedings before a court for the recovery of the compensation payable to the designated Inuit organization, or before an arbitration panel established under Article 38 of the Agreement for the determination of the compensation.

Charges for services

(5) The appropriate minister in relation to Part I of the Expropriation Act may make regulations prescribing fees or charges to be paid by an applicant or a licensee in respect of an expropriation referred to in subsection (1), and rates of interest payable in respect of those fees and charges.

Debt due to Her Majesty

(6) The fees or charges referred to in subsection (5) are a debt due to Her Majesty in right of Canada by the applicant or licensee, and shall bear interest at the prescribed rate from the date they are payable.


(7) The appropriate minister in relation to Part I of the Expropriation Act may require the applicant or licensee to provide security, in an amount determined by that minister and subject to any terms and conditions that the minister may specify, for the payment of any fees or charges that are or may become payable under this section.

Mitigation of damages - enforcement of undertaking

(8) Where the applicant or licensee, in mitigation of any injury or damage caused or likely to be caused to lands by an expropriation, undertakes

    (a) to abandon or grant, to the owner of the lands or a person interested in the lands, any portion of its lands or of the land being taken or any easement, servitude or privilege over or in respect of the lands, and

    (b) to construct and maintain any work for the benefit of the owner or interested person,

and the owner or interested person accepts the undertaking, the undertaking is deemed to be an undertaking referred to in paragraph 28(1)(b) of the Expropriation Act and it may be enforced by the Board as if it were a condition of the licensee's licence.


(9) A copy of the document evidencing the permission granted by the Minister under subsection (1), certified as such by the Chairperson of the Board, shall be deposited with the registrar of land titles for the registration district in which the affected lands are situated.

Duties of registrars of deeds

(10) The provisions of section 43 of the National Energy Board Act relating to plans, profiles and books of reference deposited with registrars of deeds under that Act and the duties of registrars of deeds with respect thereto, in so far as they are reasonably applicable and not inconsistent with this Part, apply in respect of copies of documents deposited under subsection (9).


(11) This section does not apply in respect of lands in Nunavut that are vested in Her Majesty in right of Canada or of which the Government of Canada has power to dispose.

Expropriation subject to Agreement

(12) The expropriation of Inuit-owned land under this section is subject to the terms of Part 9 of Article 21 of the Agreement.

Public Register

Public register

78. (1) The Board shall maintain at its main office, in the form prescribed by the regulations, a register convenient for use by the public, in which shall be entered, with respect to each application filed with the Board and with respect to each licence issued by it, such information as is prescribed by the regulations.

Register to be open to inspection

(2) The register shall be open to inspection by any person, during normal business hours of the Board, on payment of the fee prescribed by the regulations.

Copies of contents of register

(3) The Board shall, on request and on payment of the fee fixed by the Board, make available copies of information contained in the register.


Reasons for decisions

79. (1) The Board shall issue, and make available to the public, written reasons for its decisions relating to any licence or application.

Copies of decisions to parties

(2) The Board shall send a copy of its decision and the reasons for it

    (a) to the applicant or licensee;

    (b) where the affected waters are ones in respect of which section 63 applies, to the designated Inuit organization; and

    (c) to any other person with a right to compensation under section 58 or 60.

Decisions final

80. Except as provided in this Part, every decision of the Board is final.

Appeal to Federal Court

81. (1) An appeal may be taken from a decision of the Board to the Federal Court on a question of law, or a question of jurisdiction, on leave being obtained from that Court on application made within forty-five days after the making of that decision or within such further time as that Court or a judge of that Court allows under special circumstances.

Time limit

(2) No appeal may be proceeded with unless it is entered in the Federal Court within sixty days after the making of the order granting leave to appeal.



Regulations and Orders


82. (1) The Governor in Council may, on the recommendation of the Minister, make regulations

    (a) establishing water management areas in Nunavut consisting of river basins or other geographical areas;

    (b) for the purposes of paragraphs (b) to (d) of the definition ``waste'' in section 4,

      (i) specifying substances and classes of substances,

      (ii) prescribing quantities or concentrations of substances and classes of substances, and

      (iii) describing treatments of or changes to water;

    (c) authorizing the use without a licence of waters in Nunavut, except in a national park, for the purpose, in the quantity, at the rate, during the period and subject to the conditions specified in the regulations;

    (d) authorizing the deposit of waste without a licence in Nunavut, except in a national park, and specifying the conditions of the deposit, including the quantities, concentration and types of waste that may be deposited;

    (e) prescribing the manner in which a report under subsection 12(3) is to be made;

    (f) on the advice of the Board or after consultation with the Board, exempting any class of applications in relation to licences from the requirement of a public hearing;

    (g) prescribing the criteria to be applied by the Board in determining, on an application for a licence, whether the proposed use of waters or deposit of waste requires a type A or a type B licence;

    (h) prescribing what constitutes a material conflict of interest for the purpose of subsection 23(1);

    (i) in relation to the security referred to in subsection 76(1),

      (i) prescribing the form and nature of the security and the terms and conditions on which it is to be furnished and maintained, and

      (ii) prescribing the amount of the security or the manner of determining the amount of the security or authorizing the Board to fix that amount in accordance with the regulations;

    (j) prescribing water quality standards in Nunavut, except in a national park;

    (k) prescribing effluent standards in Nunavut, except in a national park;

    (l) prescribing standards for the design, construction, operation and maintenance of works used in relation to appurtenant undertakings;

    (m) prescribing the fees to be paid

      (i) for the right to use waters or deposit waste in waters under a licence,

      (ii) for the filing of any application with the Board, and

      (iii) for inspection of the register maintained under section 78;

    (n) prescribing the times at which and the manner in which the fees prescribed under paragraph (m) shall be paid;

    (o) requiring persons who use waters or deposit waste in waters in Nunavut, except in a national park, to maintain books and records for the proper enforcement of this Part, and to submit to the Board, on a monthly, quarterly, semi-annual or annual basis, reports containing specified information on any of their operations;

    (p) requiring persons who deposit waste in waters in Nunavut, except in a national park, to submit representative samples of the waste to the Board for analysis or to analyse representative samples and submit the results to the Board;

    (q) respecting the taking of representative samples of waters or waste and respecting the method of analysing those samples;

    (r) prescribing the form of the register to be maintained under section 78 and the information to be entered in it;

    (s) respecting the duties of persons designated as analysts under section 85; and

    (t) generally, for carrying out the purposes and provisions of this Part.

Concurrence of Board

(2) For the purposes of paragraphs (1)(a), (c) and (d), the recommendation of the Minister is subject to the concurrence of the Board.

Consultation with the Board

(3) For the purposes of paragraph (1)(b), the recommendation of the Minister shall be made after consultation with the Board.

Variation in regulations

(4) Regulations made under subsection (1) may vary, among water management areas established under paragraph (1)(a), according to the use of waters, the purpose of that use and the quantity and rate of flow of waters used, and the quantities, concentrations and types of waste deposited or any other criteria.

Reservation of water rights

83. (1) The Governor in Council may, by order, direct the Board not to issue licences permitting the use of, or the deposit of waste directly or indirectly into, any waters specified in the order, or may prohibit a use of waters or a deposit of waste that would otherwise be authorized under paragraph 82(1)(c) or (d)

    (a) in order to enable comprehensive evaluation and planning to be carried out with respect to those waters, including planning by the Nunavut Planning Commission; or

    (b) where the use of those waters or the maintenance of their quality is required in connection with an undertaking that is, in the opinion of the Governor in Council, in the public interest.

Licences of no effect

(2) A licence issued in contravention of an order made under subsection (1) is of no force or effect.

Recommendat ions to Minister

84. The Board may, and at the request of the Minister shall, make such recommendations to the Minister as it considers appropriate concerning any matter in respect of which the Governor in Council is authorized by section 82 or 83 to make regulations or orders.


Inspectors and analysts

85. (1) The Minister may designate any qualified person as an inspector or analyst for the purposes of this Part.

Certificate to be produced

(2) The Minister shall furnish every inspector with a certificate of designation as an inspector, and an inspector shall, if so requested, produce the certificate to the person in charge of any place entered by the inspector.

Powers of inspection

86. (1) For the purpose of ensuring compliance with this Part, the regulations or a licence, an inspector may, subject to subsection (3), at any reasonable time,

    (a) enter any place in Nunavut in which the inspector believes, on reasonable grounds,

      (i) a work is being constructed that, on completion, will form part of an appurtenant undertaking, or

      (ii) any alteration or extension is being carried out on a work that forms part of an appurtenant undertaking;

    (b) conduct such inspections of a work described in paragraph (a) as the inspector considers necessary in order to determine

      (i) whether plans and specifications forming part of an application for a licence, filed with the Board by the person constructing the work, are being complied with, or

      (ii) whether the alteration or extension of the work is likely to result in a contravention of any condition of a licence; and

    (c) enter any place in Nunavut, except in a national park, in which the inspector believes, on reasonable grounds, that

      (i) waters are being used,

      (ii) there is being or has been carried out any process that may produce or has produced waste, or

      (iii) there is any waste that may be added to waters,

    and, in that place, examine any works, waters or waste, open any container that the inspector believes, on reasonable grounds, contains any waters or waste, and take samples of any such waters or waste.

Books, records or documents

(2) An inspector who enters any place under subsection (1) may examine and copy any books, records or documents in that place that the inspector believes, on reasonable grounds, contain any information relating to the object of the inspection or examination under that subsection.