Public Hearing-Submission Requirements
Notice and Submission Timelines
In most instances, the NWMB provides a minimum of sixty (60) days’ notice of the date, time and place of a hearing, and requires that written response submissions be filed at least twenty-one (21) days prior to the hearing. However, circumstances relevant to any particular hearing may require the Board to increase or decrease such periods of time, subject to the requirements of procedural fairness. Also for reasons of fairness, the Board reserves the right to exclude from the hearing any submissions that are not filed on time.
Written response submissions do not require a specific format for submission to the NWMB but should including a response to the Proposal for Decision or other concerns with the Proposal for Decision and should include all relevant supporting documentation.
All written response submissions and supporting documentation to a Proposal for Decision must be filed with the NWMB –in English and Inuktitut-by the date noted in the public notice or invitation letter that is issued by the NWMB. Submissions may be filed with the Board in-person, by courier or by mail and should clearly indicate that the submission is with respect to the hearing. Delivery of submissions may also be made through fax or electronic transmission, but only if it is confirmed by phone with the NWMB –prior to the deadline of submissions –that a complete and legible copy of the transmission has been received by the NWMB.
Before a submission is added to the agenda of an NWMB meeting, each submission must:
1. Address an issue within the NWMB mandate;
2. Be designated by the Board as appropriate for inclusion at the meeting;
3. Be received at least 28 days before the first day of the meeting;
4. Include a translated copy of the submission;
5. Be delivered in both Word (or Excel as appropriate) and PDF format;
6. Include an estimate of the time required to orally present the issue; and
7. Be provided in the following below format.
Format for Submissions to Nunavut Wildlife Management Board Meetings
SUBMISSION TO THE
NUNAVUT WILDLIFE MANAGEMENT BOARD
Information: Check One Decision: Check One
Issue: Describe each issue in a single succinct sentence.
Provide a succinct description of the context for the issue which will permit the Board to understand:
(a) how the issues relates to the NWMB mandate;
(b) why the issue is being presented;
(c) the key facts and circumstances relating to the issue; and
(d) the estimated time required to orally present the issue (excluding questions/discussion).
Keep the language as non-technical as reasonably possible.
Anticipate the questions that the NWMB may ask.
Summarize the consultations which have been undertaken before submitting the issue to the NMWB. This summary should include the following:
(a) the means of consultation;
(b) a list of the organizations consulted and an estimate of the number of individuals consulted, including members of the public; and
(c) a summary of the results, including any responses or accommodations to issues, concerns, etc. raised during the consultations.
Options for addressing the issue or a recommended course of action
Include name, affiliation and phone number of the person who prepared the submission.
Date that the submission was prepared.
Parties are also expected to respect the time allotted for their oral presentation by the Board, so that the NWMB may effectively manage the agenda. The CCEO, at his discretion, may request a party to terminate the presentation if it exceeds the allotted time.
Power point presentations must be translated and submitted with other briefing material.
Any submitted document that is more than fifteen (15) pages in length must be accompanied by a translated summary statement between one (1) and three (3) pages in length.
Any restrictions on the use and distribution of the materials (e.g. whether the material is confidential or not) must be clearly indicated in writing to the COO at the time of submission. In the absence of any such indication, the NWMB will treat the material as public information.
The NWMB may, on occasion, establish an earlier deadline for submissions to provide sufficient time for adequate review by staff and members. The NWMB will ensure that all parties are notified accordingly.
Meeting Procedures-Public Hearings
Nunavut Agreement Directions
The NWMB may hold public hearings into any issue requiring a decision on its part (Nunavut Agreement 5.2.26).
The NWMB may make rules distinguishing between the roles reserved for full parties and the roles reserved for other classes of persons at public hearings (Nunavut Agreement 5.2.27).
Any representative or agent of the federal or territorial Government, any Inuk or any HTO or RWO is to be accorded the status of full party at a public hearing. The NWMB has the discretion, in conformity with its rules, to determine whether any other person is accorded the status of full party for a particular public hearing (Nunavut Agreement 5.2.28).
The NWMB may, in any application, proceeding or matter of special importance pending before it, if in the opinion of the NWMB the public interest so requires, hire counsel to conduct or argue the case or any particular question arising in the application, proceeding or matter (Nunavut Agreement 5.2.29).
The NWMB has the same powers as commissioners appointed pursuant to Part I of the Inquiries Act, R.S.C. 1970, c.I-13 (Nunavut Agreement 5.2.30). Accordingly, the Board has the power to summon before it any witnesses, except Ministers of the Crown, and to require them to:
i) Give evidence on oath or solemn affirmation, orally or in writing; and
ii) Produce such documents and things as the NWMB requires for a full investigation of the matters which it is examining.
Types of Hearings
The NWMB may hold three types of hearings:
1. An in-person hearing, consisting of both a written and an oral component. Generally, the NWMB will hold an in-person hearing for Board decisions that are of significant economic, social and/or cultural interest to Inuit harvesters. Whenever practical, an in-person hearing is held in the community or Region most affected by the proposed decision(s).
2. An electronic hearing, conducted by conference telephone or another form of electronic technology, whereby parties are able to communicate orally. An electronic hearing may also include a written component. Generally, the NWMB will hold an electronic hearing in one or more of the following three circumstances:
(a) time is of the essence in addressing the issue under consideration;
(b) the parties are unable to meet in person in a timely manner; and/or
(c) the cost of holding an in-person hearing is prohibitive.
3. A written hearing, which does not include any oral component. Generally, the NWMB will hold a written hearing in one or more of the following five circumstances:
(a) the “Proposal for Decision” is – either formally or informally – a joint initiative on the part of Government and affected Inuit;
(b) the eventual Board decision is, in the opinion of the NWMB, of relatively less economic, social and/or cultural interest to affected Inuit;
(c) time is of the essence in addressing the issue under consideration;
(d) the parties are unable to meet in person in a timely manner; and/or
(e) the cost of holding an in-person hearing is prohibitive.
The NWMB is a tribunal - a public body which makes decisions that affect people’s rights or interests. Accordingly, the NWMB is subject to administrative law, which is the law that governs public officials and tribunals who make such decisions. That law requires that decisions be made following procedures that are fair to the affected parties. The doctrine of fairness dictates that the parties be provided timely notice, reasonable disclosure and adequate opportunity to respond before a decision is made affecting their interests or rights.
An NWMB in-person hearing generally consists of the following procedural steps:
1. Receipt by the NWMB of a Proposal for Decision and accompanying best available information;
2. Issuance by the NWMB of a formal public hearing notice, including an invitation for public participation;
3. NWMB disclosure of all the best available information;
4. Issuance by the NWMB of an invitation to potential parties to file written submissions;
5. The holding of an NWMB oral hearing; and
6. The holding of an NWMB decision-making meeting following the hearing.
Proposal for Decision:
Every Proposal for Decision must include the following five (5) elements:
1. A clearly-written statement of what NWMB decision the proponent is seeking;
2. The best available western scientific, Inuit Qaujimajatuqangit and/or community information related to the Proposal, including the reasons in support of the Proposal, as well as relevant evidence - and argument, if the proponent wishes - to reasonably justify the proposed decision;
3. A reasonably-detailed summary of what relevant consultations have been undertaken, and with whom – including a report of the matters consulted on, the views raised by those consulted, and the results of the consultations; if Government is the proponent, or one of the proponents, it should also indicate, where appropriate, what accommodations, if any, it has made as a result of the consultation process;
4. If the matter is urgent or otherwise time-sensitive, the provision of reasons and supporting evidence for fast-tracking the Proposal; and
5. All of the above translated into English or Inuktitut (Inuinnaqtun), as the case may be – except that supporting documentation over 10 pages in length need not be translated if accompanied by a reasonably-detailed, translated summary.
NWMB Hearing Rules:
The following set of eighteen (18) Hearing Rules (Rules) applies to all in-person hearings. They also apply – with changes as necessary – to electronic and written hearings. The Board reserves the right to modify the Rules for any particular in-person, electronic or written hearing. The NWMB publishes a set of Rules for each hearing. Hearing parties, interested persons and organizations, and the public are advised to consult the specific Rules for the hearing(s) they will be attending.
1. The hearing shall be open to the public, with notice provided to the public at least sixty (60) days prior to the commencement of the hearing. Part of the hearing may be conducted in camera, where the NWMB considers that confidential or sensitive matters may be disclosed or discussed.
2. Any interested person or body may file with the NWMB a written submission and supporting documentation in response to the “Proposal for Decision” – duly translated into Inuktitut/Inuinnaqtun or English as the case may be – by no later than 5:00 p.m. on [month/day/year].
3. Unless persuasive written and translated reasons are provided to the NWMB for late filing, the NWMB will not consider materials for this hearing that are not filed on time.
4. The requirement for translation of written submissions and supporting documentation filed with the NWMB does not apply to individual members of the public.
5. For all others who file supporting documentation with the NWMB, the requirement for translation does not apply to such documents over 10 pages in length, as long as each supporting document that is not translated is accompanied by a concise, translated summary (English and Inuktitut/Inuinnaqtun) at least two (2) pages in length.
6. The NWMB shall ensure that all materials filed with it or produced by it are made publicly available, subject to relevant confidentiality or privacy concerns.
7. The NWMB shall provide simultaneous English and Inuktitut translation at the hearing, to the extent reasonably possible.
8. A quorum of NWMB members shall be present at the hearing.
9. Any representative or agent of the Government of Canada or Government of Nunavut, any Hunters and Trappers Organization or Regional Wildlife Organization and any Inuk shall be accorded the status of party at the hearing.
10. Unless invited by the NWMB to be a party, any other person or body wishing to be named as a party by the NWMB shall make an appropriate request in writing to the NWMB.
11. All parties and other participants at the hearing are required to treat one another and the NWMB with respect.
12. The NWMB shall provide a reasonable opportunity for oral presentations from each of the parties at the hearing by their choice of official, expert or counsel.
13. Any member of the NWMB, the NWMB’s Director of Wildlife or the NWMB’s Legal Counsel may ask relevant questions of any party at the hearing.
14. Any party may ask relevant questions of any other party at the hearing.
15. The NWMB shall provide members of the public in attendance at the hearing a reasonable opportunity to make statements and to ask questions of the parties and the NWMB.
16. Every person at the hearing wishing to speak or ask a question shall raise his or her hand, and shall only speak once the NWMB Chairperson has recognized him or her.
17. The NWMB Chairperson reserves the right to place reasonable time limits on presentations, statements and questions.
18. The NWMB shall make an audio recording of the hearing available upon request.
 This may be very specific – for instance, setting out an exact TAH number, calibre of weapon, season of harvest, etc. Other times, options are put forward, or the Proposal may even be open-ended – for example, requesting whatever decision the NWMB considers to be best supported by the evidence.
 By way of example, the results of consultations should include any response(s) to issues, concerns, etc. raised during the consultations.
 The NWMB will – as a preliminary matter – assess the adequacy of the consultation measures undertaken by the proponent.
Meetings are open to the public:
As an institution of public government, the NWMB is committed to an overall policy of openness and transparency, and to conducting as much of its wildlife management business as possible on the public record. Accordingly, all Board meetings – except in camera and internal in camera meetings - are open to the public.
Scheduling, Conduct and Location of Quarterly Meetings:
Generally, the NWMB holds quarterly in-person meetings during the second week of June, September, December and March, unless circumstances require that it meet at another time. Additional meetings may be scheduled as required.
The NWMB shall, whenever practicable, meet within the NSA (Nunavut Agreement 5.2.16). Because of efficiency, time, infrastructure and budgetary considerations, Iqaluit - the capital of Nunavut and the territorial headquarters of the NWMB, DFO, the GN, CWS, ANAC and NTI – is generally the most practical and economic location to hold NWMB meetings. The Board’s June quarterly meeting serves as the annual “regional meeting” of the NWMB, and rotates through the three Nunavut Regions.
In order to be as efficient and effective as possible, the NWMB places time limits on each meeting agenda item, and requires presenters to adhere to those time limits. In addition, only those items that, in the opinion of the Board, require face-to-face discussions and/or decision-making will be addressed at in-person meetings. All other items will be addressed at NWMB conference calls or through correspondence.
Quarterly Meeting Notice:
The NWMB generally provides written notice of a pending quarterly meeting at least forty-two (42) days before the scheduled first day of the meeting. Notice is distributed to relevant government departments, Inuit Organizations, and non-government organizations, and is posted on the NWMB website. The notice includes a request for agenda items.
No error or omission in giving notice of any meeting of the NWMB shall invalidate such a meeting or make void any of its proceedings (GB 9.7).
All or part of a meeting may be conducted in-camera (privately), where the NWMB determines that:
(a) confidential or sensitive matters may be disclosed; or
(b) such intimate financial, personal or other matters may be disclosed that the desirability of avoiding disclosure, in the interest of any person affected or in the public interest, outweighs the desirability of adhering to the principle that meetings should be open to the public.
The NWMB is required to forward most of its decisions made pursuant to Article 5 of the Nunavut Agreement to the relevant Minister for his or her ultimate acceptance, variation or rejection/disallowance (Nunavut Agreement 5.3.7 -5.3.23). Because the initial decision made by the NWMB must be kept confidential between the Board and the Minister (Nunavut Agreement 5.3.8 and 5.3.17), the NWMB meets in-camera when making its Nunavut Agreement Article 5 decisions.
Non-voting observers (S. 5.5) are entitled to attend in-camera meetings when the NWMB is making such decisions. However, the observers are permitted only to observe and to answer questions from the NWMB during the proceedings. In addition, if a DIO observer is not an employee of that DIO, the first time he or she attends an in camera meeting, the observer requires a signed and dated authorization from the DIO, delivered to the NWMB prior to the commencement of the in-camera meeting. Otherwise, participation at in-camera meetings is limited to the NWMB members and such individuals as the Board deems necessary or appropriate to deal with the issues at hand.
Internal In-Camera Meetings:
From time to time, the NWMB is required to meet in order to address issues which relate to administrative and internal operational matters of the Board. These meetings are limited to NWMB members and such individuals as the Board deems necessary or appropriate to deal with the issues at hand. These persons attend such meetings only at the invitation of the NWMB.
The NWMB may meet via teleconference as permitted by the terms of the Nunavut Agreement. The operating procedures for other meetings set out in sections 3.1 to 3.11 of this Manual also apply to teleconference meetings, except that:
(a) generally, the time periods for notice of the meeting and for the delivery of submissions are shorter; and
(b) subject to exceptional circumstances, the NWMB does not make special arrangements to allow for public access to a teleconference.
Introduction-Public Hearings and Meetings
The NWMB is a tribunal –a public body which makes decisions that affect peoples’ rights or interests. Accordingly, the NWMB is subject to administrative law, which is the law that governs public officials and tribunals who make such decisions. That law –through the courts, or through statutes or through both –requires that decisions be made following procedures that are fair to the affected parties. The doctrine of fairness dictates that the parties be provided timely notice, reasonable disclosure and adequate opportunity to respond, before a decision is made affecting their interests or rights.
The process that permits parties to be heard by a tribunal is generally referred to as a “hearing”. It is a basic principle of administrative law that all hearings should be held in public. A hearing can take many forms, depending on what level of procedural fairness is required in the circumstances.
Most of the decisions that the NWMB makes are to establish, modify or remove restrictions on fundamental Inuit harvesting rights - rights that are protected by the Canadian Constitution, which is the supreme law of Canada. Any NWMB decision that restricts Inuit harvesting rights is subject to a high standard of procedural fairness. To date, all Board hearings have addressed either Inuit harvesting rights or species at risk designations (which are closely linked to the Nunavut Agreement principles of conservation and Inuit harvesting rights) for wildlife species of significant economic, social or cultural interest to Inuit.
Detailed explanations of the NWMB’s hearing procedures, submission requirements and database of current and past hearings can be found on the left menu.
As an institution of public government, the NWMB is committed to an overall policy of openness and transparency, and to the conducting as much of its wildlife management business as possible on the public record. Accordingly, all Board meetings –except in-camera and internal in-camera meetings –are open to the public.
Detailed explanations of the NWMB’s meeting procedures, submission requirements and database of current and past hearings can be found on the left menu.
Public Hearing Procedures
All briefing notes are required to be submitted to the NWMB in English and Inuktitut by the specified deadline.
Briefing notes can be submitted by email, fax, or mail. They should be clearly marked as pertaining to NWMB’s Regular Meeting, indicating the appropriate meeting number. Delivery of a complete and legible copy of briefing notes through fax or email must be confirmed by telephone with the NWMB by no later than the specified deadline. Materials are deemed to have been filed on the actual day of receipt by the NWMB. Please also take note that any translated briefing notes received after the specified deadline will automatically be forwarded to the agenda for the next Regular Meeting.
The NWMB has eliminated the use of hard copy binders to the best extent possible at the meetings. Meeting material will be forwarded to co-management partners before the meeting and will include all relevant documents, including a detailed agenda and schedule.
For those who wish to make Power-Point presentations, please arrange for a test run of the projection equipment in advance of your actual presentation to ensure there are no technical problems.
Please note that all material presented to the Board must be provided in both English and Inuktitut. This will be strictly enforced.
Public Hearings - Rules of Practice
RULES OF PRACTICE FOR PUBLIC HEARINGS
OF THE NUNAVUT WILDLIFE MANAGEMENT BOARD
Introduction and Purpose
Subject to Government’s ultimate responsibility for wildlife management, the Nunavut Wildlife Management Board (NWMB) is the main instrument of wildlife management and the main regulator of access to wildlife in the Nunavut Settlement Area. Pursuant to Section 5.2.26 of the Agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada (the Nunavut Land Claims Agreement), the Board may hold public hearings into any issue requiring a decision on its part.
The purpose of these Rules is to provide a fair, open, and understandable process for parties and interested persons, to enable appropriate public participation, and to ensure efficiency and timeliness, with respect to NWMB public hearings.
An audio-recorded Inuktitut summary of these Rules is available from the NWMB.
Rule 1: GENERAL MATTERS
1.1 Waiver/Amendment of the Rules
The NWMB may waive or amend any of these Rules, if the Board considers it to be in the interests of fairness. Where any matter arises that is not envisioned by these Rules, the Board shall do whatever it considers necessary, to enable it to deal with the issue in a just manner.
1.2 Non-Compliance with the Rules
Where a party or interested person fails to comply with these Rules, the Board may:
(a) impose such conditions as shall ensure compliance;
(b) suspend the proceeding until satisfied that the Rules have been complied with; and/or
(c) take such other steps as it considers just and reasonable, up to and including termination of party or interested person status.
However, the NWMB may dispense with compliance with any Rule, if it considers this to be just and reasonable, under the circumstances.
Unless the context requires otherwise, words and phrases in these Rules have the same meaning as in the Nunavut Land Claims Agreement.
1.4 Inconsistency or Conflict Between the Rules and the Nunavut Land Claims Agreement
Where any of these Rules is inconsistent or in conflict with the Nunavut Land Claims Agreement, the Agreement shall prevail to the extent of the inconsistency or conflict.
1.5 Principle of Public Access
(1) Subject to sub-rules 1.5(2) and 3.3, the principle that hearings, pre-hearing meetings and pre-hearing consultations should be open to the public shall be strictly followed by the NWMB.
(2) The Board is not required to provide facilities to allow public participation in or attendance at an electronic hearing, pre-hearing meeting or pre-hearing consultation.
(3) Subject to Rule 7, the principle that the parties and the public should have full access to documents filed at a hearing shall be strictly followed by the NWMB.
“Board” means the NWMB, a panel of the NWMB, or an individual member of the NWMB. In these Rules, NWMB and the Board are used interchangeably.
“Document” means, in addition to anything in printed form, any type of telecommunication or electronic transmission or recording capable of being reduced to a printed format, and audio or video recordings.
“Electronic hearing” means a hearing conducted by conference telephone or some other form of electronic technology whereby parties can communicate orally.
“Entire NWMB” means at least 5 members of the NWMB.
“Hearing” may refer to an oral or electronic hearing. It includes any hearing in which participants appear before the NWMB in person or electronically, or through a combination of both, to make oral submissions.
“In camera” means in private.
“Inuktitut” includes Inuinaqtun whenever an issue under these Rules affects people using that dialect.
“Notice” means a written notice:
(a) delivered by hand or prepaid courier to the person;
(b) sent by facsimile or other reliable electronic means, the receipt of which shall be deemed to have occurred on the next day following transmission;
(c) mailed, the receipt of which shall be deemed to have occurred on the 7th day after posting; or
(d) announced by newspaper, radio, television, community poster, or other public means, according to reasonable terms established by the NWMB.
“NWMB” is the acronym for the Nunavut Wildlife Management Board.
“Oral notice” refers specifically to notice provided by radio, television, or other public means employing spoken language.
“Participant” means a party or interested person attending a hearing.
“Person” includes a corporation, any Inuit Organization, any institution established under the Nunavut Land Claims Agreement, and any unincorporated association recognized as a person by the NWMB.
“Submissions” include statements of fact and opinion, argument, and related documentation or other material.
Rule 2: PRE-HEARING CONSULTATIONS
2.1 NWMB shall consider Pre-Hearing Consultations
Prior to deciding whether to hold public hearings, the NWMB shall consider undertaking pre-hearing consultations.
2.2 Purpose of Pre-Hearing Consultations
Without restricting the possible uses of such consultations, the NWMB may organize a consultation:
(a) to assist the Board in deciding whether to hold public hearings;
(b) to identify community and other concerns;
(c) to discuss with the community, as well as others with a special interest in the subject-matter of the consultation, potential decisions, actions or alternatives, and possible consequences;
(d) to collect and/or to distribute information; and
(e) to discuss the involvement of the community and others in potential public hearings.
2.3 Notice and Format of Pre-Hearing Consultations
(1) Before deciding upon the format of a particular pre-hearing consultation, the NWMB shall consider seeking the advice of one or more individuals possessing knowledge of culturally-appropriate consultation techniques.
(2) The NWMB shall provide each community, the Government Department having jurisdiction over the subject-matter of the consultation, and any persons the NWMB considers to have a special interest in the subject-matter of the consultation with adequate notice of the date, time and place of a pre-hearing consultation, including adequate oral notice to the community.
(3) The NWMB shall organize each pre-hearing consultation so as to encourage full and open participation.
(4) Subject to sub-rule 2.3(1), the consultation shall be conducted in an informal, but structured manner. The NWMB shall make clear, at the start of each consultation, how it intends to moderate the consultation, to ensure a timely exchange of views and information, and to ensure that all those wishing to participate have an opportunity to do so.
(5) A pre-hearing consultation may be conducted in person or by means of electronic communication, or through a combination of both.
2.4 Pre-Hearing Consultation Summary
(1) Within a reasonable period of time following the conclusion of a pre-hearing consultation, and bearing in mind the purpose or purposes of the consultation, the NWMB shall produce a written Pre-Hearing Consultation Summary, in English and Inuktitut. In addition, the Board shall produce an Inuktitut audio- recorded version of the Summary.
(2) Copies of the Summary shall be delivered to:
(a) the full membership of the NWMB;
(b) the Hunters and Trappers Organization of the community;
(c) the Regional Wildlife Organization;
(d) the Government Department having jurisdiction over the subject-matter of the consultation;
(e) Nunavut Tunngavik Inc.; and
(f) any persons who indicate to the NWMB, or whom the NWMB considers to have, a special interest in the subject-matter of the consultation.
(3) The NWMB shall make available for public inspection, at its head office, a written and an Inuktitut audio-recorded copy of the Pre-Hearing Consultation Summary.
Rule 3: ACCESS TO HEARINGS
3.1 Access by Parties
(1) Any representative or agent of the Government of Canada or Territorial Government, any Hunters and Trappers Organization or Regional Wildlife Organization, any Inuk, and any other person whom the Board considers appropriate, shall be accorded the status of full party at an NWMB public hearing.
(2) Subject to sub-rules 1.2 and 3.3(2), and Rule 7, full party status entitles that party to the same terms of participation at an NWMB public hearing and the same access to hearing documents as any other party.
(3) Any other person wishing to be named as a party by the NWMB shall make an appropriate request in writing to the Board.
(4) In deciding whether to name a person as a party, the NWMB may consider such matters as the following:
(a) the person’s interests may be directly and substantially affected by the hearing or its result;
(b) the person has a genuine interest in the subject matter of the hearing;
(c) the person raises a genuine concern;
(d) the person is likely to make a useful and distinct contribution to the NWMB’s understanding of the issues in the hearing; and/or
(e) there are no other reasonable and effective means by which the person’s concerns can be raised.
3.2 Access by Interested Persons
The NWMB may, prior to or during a hearing:
(a) recognize as an interested person any person who is not a party and who, in the Board’s opinion, has information, knowledge or a view which is likely to be of assistance in the hearing, but not of a nature to warrant naming the person as a party; and
(b) permit the interested person to participate in the hearing upon terms established by the NWMB.
3.3 In Camera Hearings
(1) All or part of a hearing may be conducted in camera, where the NWMB considers that:
(a) confidential or sensitive matters may be disclosed; or
(b) such intimate financial, personal or other matters may be disclosed,
that the desirability of avoiding disclosure, in the interest of any person affected or in the public interest, outweighs the desirability of adhering to the principle that hearings should be open to the public.
(2) Where the NWMB holds all or part of a hearing in camera, it shall decide, in the circumstances of each case, who shall be permitted to attend and the conditions to be imposed upon any person permitted to attend.
Rule 4: PRE-HEARING MEETINGS
4.1 The NWMB may organize a Pre-Hearing Meeting
Without restricting the possible uses of such meetings, and in order to render a hearing more effective, the NWMB may organize a pre-hearing meeting or meetings:
(a) to identify and/or finalize the list of issues to be dealt with at the hearing;
(b) to consider procedural matters not addressed by these rules;
(c) to consider any other matters that could aid in the simplification and/or efficiency of the hearing;
(d) to identify confirmed and potential parties, interested persons, and witnesses;
(e) to provide information to participants;
(f) to determine the length, schedule and location of the hearing; and
(g) to ensure that, in conducting the hearing, the NWMB gives due regard and weight to Inuit culture, customs, and knowledge, and to the tradition of Inuit oral communication.
4.2 The Meeting may be Held in Person or Electronically
A pre-hearing meeting may be conducted in person or by means of electronic communication, or through a combination of both.
Rule 5: NOTICE OF HEARINGS AND PRE-HEARING MEETINGS
5.1 Notice of Hearings
(1) The NWMB shall provide all parties with at least 60 days’ notice of the date, time and place of a hearing, and, in addition, shall provide adequate oral notice to Inuit.
(2) The NWMB shall provide all recognized interested persons and the public with adequate notice of the date, time and place of a hearing.
5.2 The NWMB Shall Make Necessary Information Available
In order to permit each party to be able to prepare for meaningful participation in the hearing, the NWMB shall make available to all parties, within a reasonable time prior to a hearing, sufficient information as to:
(a) the subject of the hearing;
(b) the purpose and intended consequences of the hearing;
(c) the specific issues to be dealt with at the hearing;
(d) the written and/or audio-recorded materials and other information, provided to the NWMB, which the Board, a party, or an interested person intends to use at the hearing; and
(e) the preliminary agenda for the hearing.
5.3 Notice of Pre-Hearing Meetings
The NWMB shall provide all parties, recognized interested persons, and the public with adequate notice of the date, time, place, and purpose of any pre-hearing meeting organized by the NWMB. In addition, the NWMB shall provide adequate oral notice to Inuit.
5.4 Defects in Notice
Notwithstanding sub-rules 5.1 to 5.3, failure to provide adequate notice does not invalidate a pre-hearing meeting or hearing where:
(a) the party or interested person entitled to notice consents;
(b) there is no actual prejudice to any participant arising out of the failure; or
(c) prejudice caused can be offset by:
(i) adjourning the meeting or hearing where the NWMB considers that an adjournment would not unduly compromise the progress of the process; or
(ii) some other means that the NWMB considers would not unduly compromise the process
Rule 6: HEARING DOCUMENTS
6.1 Oral and Written Submissions, and other Documents
(1) At any time prior to or during a hearing, participants may file with the Board:
(a) oral submissions, transcribed in full or in summary and/or recorded by the Board, as it considers appropriate;
(b) recorded oral submissions;
(c) written submissions; and
(d) other documents;
respecting the subject matter of the hearing.
(2) The NWMB shall notify all participants of its receipt of such documents, and shall provide copies - including translations, summaries, and audio recordings, where applicable - to any party requesting them. The NWMB shall place all such documents in the Hearing Record.
(3) Participants are strongly encouraged to file the documents, referred to in sub-rule 6.1(1), at least 30 days prior to the hearing, so that the NWMB and the parties shall have adequate time to review them.
(4) Upon informing the other participants, the NWMB may invite written, oral, or recorded oral submissions from a participant at any time. The Board shall provide copies of the submissions received - including translations, summaries, and audio recordings, where applicable - to any party requesting them, and shall place all such submissions in the Hearing Record.
6.2 Directed Questions
Upon informing the participants, the NWMB may, at any time, direct written, oral, or recorded oral questions to any person on any issues relevant to the hearing. The Board shall provide copies of the questions and answers received - including translations, summaries, and audio recordings, where applicable - to any party requesting them, and shall place all such questions and answers in the Hearing Record.
6.3 Translations and Summaries of Submissions, Directed Questions and Answers, and other Documents
(1) Each document of 5 pages or less, and each oral recording of 5 minutes or less, shall be translated into English or Inuktitut, as the case may be, by the person producing the document, and such translation shall be delivered to the NWMB at the same time as the document.
(2) Subject to sub-rule 6.3(3), for all written documents over 5 pages in length, and all recordings over 5 minutes in length, the person shall provide, at the same time, to the NWMB:
(a) the document or recording;
(b) a concise summary of the document or recording; and
(c) a translation of the summary.
(3) For written documents over 5 pages in length and prepared specifically for the hearing, or for any other documents over 5 pages or 5 minutes in length and designated by the Board, the person shall provide, at the same time, to the NWMB:
(a) the document and its translation; and
(b) a concise summary of the document and its translation.
6.4 Requirement to Produce an Audio Recording
The NWMB may require a person to produce, in Inuktitut and/or English, an audio recording of a written document or its summary, to be delivered to the NWMB at the same time as the document.
6.5 NWMB Assistance
The NWMB shall, if requested, assist any Inuk or Hunters and Trappers Organization, and may assist any other person, in fulfilling obligations under sub-rules 6.3 and 6.4.
Rule 7: ACCESS TO DOCUMENTS
7.1 Restricted Access to Particular Documents
The Board may restrict access to particular documents described in Rules 6 and 9 if, having regard to all the circumstances, the NWMB considers that:
(a) access to the documents would result in such significant prejudice; and/or
(b) all or any part of the documents disclose such confidential, sensitive, or intimate financial, personal or other matters,
that the desirability of avoiding disclosure in the interest of any person affected or in the public interest, outweighs the desirability of adhering to the principle that the parties and the public should have full access to documents filed at a hearing.
7.2 Affected Parties may make Submissions
The Board shall not withhold or otherwise restrict access to documents without giving any affected party the opportunity to make submissions on the matter.
7.3 Possible Determinations by the NWMB
In withholding or otherwise restricting access to particular documents, the Board may make whatever determination it considers appropriate. The determination might indicate that:
(a) all or any part of a document shall not be accessible to the public, or to the public and another party;
(b) an appropriate summary of the document shall be made available;
(c) the document shall be marked “confidential” and kept separate from other documents, and access shall be allowed only in accordance with the Board determination, or as otherwise authorized by law; or
(d) the document shall only be made available to parties and such other persons as the Board considers appropriate.
Rule 8: PARTICIPATION IN HEARINGS
8.1 General Matters
(1) Non-attendance by a Party or Interested Person
Where a party or interested person who has been given notice of a hearing does not appear at the hearing, the NWMB may proceed with the hearing in the person’s absence.
(2) Language of the Hearing
Unless all participants, witnesses, the members of the Board, and the public are Inuktitut-speaking, the NWMB shall provide simultaneous English and Inuktitut translation at a hearing, to the extent reasonably possible.
(3) Transcripts or Minutes of the Hearing
Any written transcripts or minutes of a hearing shall be in English and Inuktitut.
(4) Swearing of Evidence
The NWMB may require that all persons giving evidence at a hearing do so under oath or solemn affirmation.
8.2 Participation by the NWMB
(1) The Number of NWMB Members Conducting a Hearing
The entire NWMB may designate an individual member, or a panel of the Board composed of two or more members, or the entire Board, to conduct a particular hearing.
(2) Emphasis on Flexibility and Informality
The NWMB shall, consistent with the broad application of the principles of natural justice and procedural fairness, emphasize flexibility and informality in the conduct of a hearing.
(3) Participants and Witnesses to be Treated with Respect
The NWMB shall make every effort to ensure that all participants and witnesses at the hearing are treated with respect.
(4) Determining Time Limits
The NWMB may determine time limits for oral submissions by any or all participants at the hearing.
(5) Admission of Evidence
The NWMB may admit any evidence which it considers relevant to the subject-matter of the hearing.
(6) Limiting or Excluding Documents or Presentations
The NWMB may limit or exclude the receipt of documents, other materials, or oral presentations that are irrelevant or would not likely contribute significantly to the hearing.
(7) The Importance of Traditional Knowledge
The NWMB shall give due regard and weight to traditional knowledge, as it applies to any matter under consideration at a hearing.
(8) Question and Answer Period
The NWMB shall provide for an informal question and answer period at each hearing, to permit the public the opportunity to address and ask questions of the participants and the Board.
(9) Questions by NWMB Members at the Hearing
Any member of the Board may ask any participant or witness questions, arising either from an oral, written, or audio-recorded submission, or from views, knowledge or information that the person may have, relevant to the subject-matter of the hearing.
(10) Questions by the NWMB Following the Hearing
Upon informing the participants, the NWMB may direct any participant or witness to answer any relevant question or provide any relevant information within its knowledge or reasonable ability to obtain, following the hearing. Sub-rules 6.3 to 6.5 shall apply to any answers given. The Board shall provide copies of such materials to any party requesting them. The NWMB shall, in addition, place all such information in the Record of Hearing.
(11) Adjournments and Re-openings of Hearings
The NWMB may adjourn any hearing from time to time. It may re-open any hearing, upon providing reasonable notice - including oral notice to Inuit - to the participants and the public, for the purpose of receiving further submissions.
8.3 Participation by Elders
Recognizing the role of Elders in Inuit society, the NWMB shall provide reasonable opportunity for Elders to speak at a hearing. The Board shall make every reasonable effort to accommodate Elders, with respect to seating, order of appearance, and opportunity to raise matters and to comment on and respond to matters raised at the hearing.
8.4 Participation by Counsel
(1) If, in the opinion of the NWMB, the public interest so requires, the Board may hire counsel, or may direct its own legal counsel, to argue a case, or any particular question, before the NWMB.
(2) The NWMB may, in addition, direct its own legal counsel to, among other things:
(a) advise the Board on matters of law and procedure, and on such other matters as the Board requires; and
(b) question any participant, or Board-appointed or other witness.
8.5 Participation by Parties
A party at a hearing may:
(a) either authorize a representative to represent him or her at the hearing, or represent himself or herself personally;
(b) be a witness;
(c) call witnesses, and question the witnesses of other participants, including Board witnesses;
(d) question other parties or interested persons;
(e) be questioned by the Board, and by other parties; and
(f) make submissions to the NWMB, including final argument.
8.6 Participation by Interested Persons
Interested persons shall participate in the hearing upon terms established by the NWMB.
8.7 Participation by Witnesses
(1) The NWMB may summon any person, except a Minister of the Crown:
(a) to attend and give evidence at an oral or electronic hearing; and
(b) to produce at the hearing such documents and other things as are specified in the summons.
(2) Any party may make a request to the Board for a summons, requiring the attendance of a witness at a hearing. The request should be made at least two weeks prior to the hearing, and include the name and address of the person, and the reasons why the person’s testimony is necessary and why a summons is required.
(3) Every witness at a hearing may be questioned by the NWMB and any of the parties.
(4) The NWMB shall endeavor to provide in advance to a witness, any documents submitted to it by the participants, or otherwise in its possession, that are relevant to the witness’s testimony.
(5) In the case of an Inuk witness, the NWMB shall endeavor to provide translated and/or audio-recorded copies of relevant documents or their summaries.
8.8 Participation by the Public
Subject to sub-rules 1.5(2) and 3.3, the public shall have an opportunity at each hearing to present information and make statements, and to participate in an informal question and answer period.
Rule 9: RECORD OF HEARING
9.1 Contents of the Record of Hearing
The NWMB shall compile a record of each hearing, containing:
(a) all notices of pre-hearing meetings;
(b) any video or audio recording, or other form of transcript of any pre-hearing meeting;
(c) the notice of the hearing;
(d) all documents and other materials, including written and audio-recorded submissions, and directed questions and responses, placed in the record by the NWMB;
(e) any video or audio recording, or other form of transcript of the hearing; and
(f) the record of any determinations made by the NWMB at, or with respect to, the hearing.
9.2 Availability of the Record of Hearing
The NWMB shall make available for public inspection, at its head office, a copy of each Record of Hearing.
Rule 10: THE HEARING REPORT
10.1 The NWMB shall Produce a Hearing Report
Within a reasonable period of time following the conclusion of a hearing, the NWMB shall produce a Hearing Report, in English and Inuktitut. Copies of the Report shall be delivered to the full membership of the NWMB, and to the Minister having jurisdiction over the subject-matter of the hearing.
10.2 Availability of the Hearing Report
The NWMB shall make available for public inspection, at its head office, a written and an Inuktitut audio-recorded copy of the Hearing Report. The Board shall provide a copy of the Report to any party that requests it.