Procedure for Making a Claim. 6.4.1 A claimant, or a DIO or HTO on behalf of a claimant, shall make a claim for loss or damage in writing to the developer. If the claim is not settled within 30 days, the developer or the claimant, or a DIO or HTO on behalf of the claimant, may submit the claim to the Tribunal. 6.4.2 For the purposes of this Article only, a claimant may also bring before the Tribunal claims in respect of development activities in Zones I and II and the claim will be dealt with in accordance with this Article. 6.4.3 In hearing a claim, the Tribunal is not bound by strict rules of evidence and may take into account any material which it considers relevant. The Tribunal in hearing a claim shall give due weight to Inuit knowledge of wildlife and the environment and shall take into account the social, cultural and economic importance of wildlife to Inuit. The Tribunal may appoint experts and may call witnesses. 6.4.4 As a general principle, compensation shall not be a guaranteed annual income in perpetuity. A compensation award may be reviewed by the Tribunal at the request of either party to the hearing. 6.4.5 A claim must be made within three years of the date on which the loss or damage occurred, or within three years of the date on which the loss or damage became known to the claimant. 6.4.6 The Tribunal shall hear the case and determine liability and compensation. The Tribunal shall make a decision within 30 days of completing the hearing of a claim. 6.4.7 Recognizing that it is the intention that loss or damage suffered by a claimant should be minimized by expeditious processing of claims and payment of compensation, the Tribunal may: (a) deal with a claim in respect of loss or damage to property or equipment used in wildlife harvesting or to wildlife reduced into possession before proceeding to hear evidence on any other loss or damage; (b) require that interest be paid on monetary compensation at a rate set by the Tribunal; and (c) provide for additional compensation to cover any additional loss or damage, and costs, including costs of collection, that may result from any delay in fulfilling the terms of a compensation decision. 6.4.8 At the request of a claimant, the Tribunal shall register the compensation decision in the superior court having jurisdiction over the Nunavut Settlement Area and the claimant may use that court to enforce the decision. The Tribunal may provide assistance in the enforcement of its decision. 6.4.9 When the Tribunal decides where to hold a hearing, the convenience of the claimant shall be a major factor. 6.4.10 When the Tribunal determines that loss or damage was caused by more than one developer, those developers shall be severally liable. The Tribunal shall apportion liability in accordance with generally accepted principles of statute and common law. 6.4.11 The expenses incurred by the Tribunal in determining claims under this Article shall not be borne by the claimant nor any DIO or HTO acting on behalf of a claimant. The costs incurred by an HTO acting on behalf of a claimant shall not be the responsibility of the NWMB.
Appears in 4 contracts
Samples: Land Claims Agreement, Land Claims Agreement, Land Claims Agreement
