Eeyou Marine Region Impact Review Board

Public Registry (www.emrirb.ca)

Terms of Use & Privacy Policy

This website is offered by the Eeyou Marine Region Impact Review Board (“EMRIRB”), an Institution of Public Government established under the Eeyou Marine Region Land Claims Agreement to screen project proposals and as required, review them to determine their eco-systemic and socio-economic impacts within the Eeyou Marine Region (our “Mandate”).

By using this website, or by submitting any content or information to it, you signify that you have read, fully understand and agree to be legally bound by these Terms of Use and our privacy practices as described herein (the "Terms of Use" or "Agreement") and to comply with all applicable laws and regulations as they may change from time to time.

We may update this website and may update, change, or otherwise modify these Terms of Use and our Privacy Policy. The Terms of Use may change from time to time without prior notice and we advise that you check them regularly. They constitute a binding agreement between you (on your own behalf or on behalf of a company as its authorized representative, if applicable) and the EMRIRB. Hereinafter, “you” will be understood to include you individually and/or a company that you represent as its authorized representative, if applicable. If you are using this website as a representative of a company or other legal entity, you represent to the EMRIRB that you are properly authorized to do so, and to bind that company or legal entity to these Terms of Use. Any use of this website constitutes acceptance of this Agreement.

The purpose of this website is to provide users and residents of the Eeyou Marine Region and the Canadian public with information on and to help carry out the Mandate, the functions and activities of the EMRIRB, and project proposals in or affecting the Eeyou Marine Region. By using this website, you unconditionally accept the terms and conditions outlined herein.

DISCLAIMER

This website and all information contained on or accessed from this website is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied. All conditions, representations and warranties, whether express, implied, statutory or otherwise are hereby disclaimed to the fullest extent permitted by law.

This website contains information and material that was submitted to the EMRIRB by third parties. The EMRIRB has not verified the accuracy, currency, reliability or completeness of this information and material. Changes may be made to the information or material on this website at any time and without prior notice. Users rely on the information and material provided on this website at their sole risk and the EMRIRB assumes no responsibility for errors or omissions in any of the information or material contained on this website. Further, the EMRIRB specifically disclaims any express or implied warranties related to the use of this website and its contents.

COPYRIGHT AND TRADEMARK

All materials on this website under the domain http://www.emrirb.ca, unless otherwise stated, are the property of the EMRIRB or its licensors. The materials are protected by all copyright, trademark, and other applicable intellectual property laws. All materials and information received through this website may be copied, displayed, reformatted, and printed for personal, noncommercial use only. Users may not republish, reproduce, or retransmit the materials, in whole or in part, in any manner, without the prior written consent of the EMRIRB, with the following exception only: Users may copy the materials available through this website solely for personal, noncommercial use, and only where any copyright, trademark, or other notices contained in or associated with them are preserved. Users may not distribute such copies to others, whether or not in electronic form, whether or not for a charge or other consideration, without the prior written consent of the EMRIRB. The EMRIRB hereby grants each user of this website a limited, non-exclusive and revocable license to make personal and non-commercial use of this website and the materials thereon. For greater certainty, this limited license only allows you to view, download or print materials from this website for your own personal and non-commercial use. This limited license does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any materials on this website.

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within this website are the official marks, trade names, registered or unregistered trademarks or service marks (collectively, “Trademarks”) of the EMRIRB or its licensors. All Trademarks are and shall remain the sole and exclusive property of the EMRIRB or its licensors. Any use of such Trademarks, except as expressly provided for herein, without the express written consent of the EMRIRB is strictly prohibited. Nothing contained herein or on this website may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trademarks. You agree that you will not take any actions inconsistent with the EMRIRB’s ownership of, or any third party’s ownership of, the Trademarks.

LICENSE GRANTED BY USERS OF THIS WEBSITE TO THE EMRIRB

Certain features of this website permit you to upload or otherwise transmit content and materials, including without limitation, project proposals for development projects in the Eeyou Marine Region (“User Content”). When you provide User Content through this website, you give the EMRIRB permission to forever use that User Content, including, without limitation, for the purpose of carrying out our Mandate. The User Content on this website is not the property of the EMRIRB.

By using this website and providing User Content, you: (i) grant to the EMRIRB a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publish, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you provide through this website; and (ii) waive all moral rights in and to any User Content that you provide through this website in favour of the EMRIRB.

USER WAIVERS AND REPRESENTATIONS

By using this website and providing User Content, you acknowledge, agree, warrant and represent to the EMRIRB that any User Content (in any format or media) you post on, upload to or otherwise submit or transmit to or through this website:

  1. is original to you and/or that you have obtained all necessary rights in and to the User Content and all of its components to post, upload, or otherwise submit it through this website, and to grant the EMRIRB the license set our above;
  2. is complete and accurate;
  3. complies with these Terms of Use; and
  4. does not violate any law.

Without limiting the generality of the foregoing, you also acknowledge and agree that we cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User Content, including without limitation any project proposals. We reserve the right, in our sole and absolute discretion and at any time, to monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any User Content (or any portion of any User Content) on the website.

USER CODE OF CONDUCT

By using the website, and/or by posting, uploading to or otherwise submitting or transmitting User Content, you agree that you shall not use the website to upload, post, communicate or otherwise submit or transmit through, or to, the website any User Content that is deemed, in the sole and absolute discretion of the EMRIRB:

  1. to be defamatory, libelous, pornographic or obscene;
  2. to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals in violation of their rights of privacy; commercial messages; any identifiable third party products, trade-marks, brands and/or logos; conduct or other activities in violation of these Terms of Use; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by EMRIRB in its sole and absolute discretion;
  3. to be contrary to the principles of the Canadian Charter of Rights and Freedoms, Constitution Act, 1982;
  4. to include protected or classified information of the EMRIRB or and federal, provincial or territorial government entity;
  5. to contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence;
  6. to infringe, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
  7. to contain any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. to contain (in any format or media) any music, logos, trademarks or other copyrighted materials unless you have first obtained consent from the owner of such materials.

You hereby agree that you shall not use the website to:

  1. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the website;
  2. collect information about others without their consent; and/or
  3. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.

Further, you hereby agree that you shall not engage in prohibited or unauthorized use of the website or of EMRIRB systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the website. 

INDEMNIFICATION

By using this website, you agree to indemnify, defend and hold harmless the EMRIRB, and each of their respective agents, employees, directors, successors, and assigns from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your use of this website, the materials and information thereon, User Content, and/or breach of these terms of use, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other cause of action.

PRIVACY POLICY

The EMRIRB may collect, use, and disclose information, including personal information, which is information about an identifiable individual, for the purposes of our Mandate, and for other purposes which are consistent with this purpose, including administrative purposes, and purposes which are  otherwise permitted or required by the applicable law.

The personal information the EMRIRB collects may include:

  1. Your name and contact information,
  2. Information you choose to include in User Content, including without limitation, in any project proposal, and
  3. Any other personal information you choose to submit to us.

If you are providing information or a document, such as a project proposal, to the EMRIRB through this website that relates to our public Mandate or one of the EMRIRB’s responsibilities under the Eeyou Marine Region Land Claims Agreement and applicable laws, then you acknowledge that you have no expectation or right of privacy concerning that information or document and where consistent with or required by our Mandate, you consent to the public disclosure of such information or document. Information disclosed in this manner will include information regarding project proposals submitted to the EMRIRB, which will be published in the EMRIRB’s public registry. The EMRIRB’s public registry allows access to information related to project proposals received by the EMRIRB, including without limitation, project type, project area, EMRIRB project number, or assessment status. If you include personal information in information or a document you submit to the public registry, or for the purposes of our Mandate, then you are consenting and agreeing to that personal information being part of the public registry information on this website.

If you are providing information or a document to the EMRIRB concerning a separate private matter, such as applying for employment with the EMRIRB, then the EMRIRB will use and disclose that information for the purposes for which it is submitted, and it will not appear as part of our public registry. However, we may also use, or disclose personal information to third parties, if we have reason to believe that using or disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) identify, contact, or bring legal action against someone who may be violating an agreement they have with us; (iii) investigate security breaches or cooperate with government authorities pursuant to a legal matter; or (iv) to protect our rights, safety or property. Lastly, we may use or disclose your personal information for any other purpose to which you consent.

Although we have taken measures to help protect our website, computer systems and personal information that we have collected from unauthorized use, access, disclosure, misuse, alteration or destruction, no security measures can provide absolute protection. We cannot ensure or warrant the security of any information you provide to us.

Some or all of the personal information we collect may be stored or processed on servers located outside your jurisdiction of residence, including in the United States, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.   

If you have submitted personal information to us and would like to have access to it, or if you would like to ask us to correct it, please contact us using the contact information provided below. We will use reasonable efforts to comply with your request; however, in some cases we may not be able to allow you to access certain personal information in certain circumstances, for example if it contains personal information of other persons, or for legal reasons.

We may use third parties and third party tools, such as Google Analytics, which use cookies and other technologies to collect and analyze information about the use of our website and report on activities and trends on an anonymous basis. This service may also collect information regarding the use of other websites, apps, and resources. You can learn about Google’s practices by going to google.com/policies/privacy/partners, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

Our website may use cookies, which are small text files that are placed on your browser to help the website provide a better user experience. In general, cookies are used to retain user preferences and provide anonymized tracking data to third party applications and search engines. In principle, cookies will improve your browsing experience. However, you may prefer to disable cookies on this website. The most effective way to do this is to disable cookies in your browser. We suggest consulting the help section of your browser or taking a look at a website about cookies which offers guidance for your browser or device.

The EMRIRB reserves the right to amend this Privacy Policy at its sole discretion from time to time, including to reflect changes in the law, our data collection and data use practices, the features of our services or advances in technology. Please check this website regularly, and review our current privacy practices.

LINKS

The website may contain links to other third party websites. These other websites may have their own privacy policies and terms and conditions that are not governed by these Terms of Use or Privacy Policy. We are not responsible for the privacy practices or the content of any website(s) owned and operated by any such third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit.  Any links from this website to other websites, or references to products, services or publications other than those of EMRIRB, do not imply the endorsement or approval of such websites, products, services or publications by EMRIRB.

GOVERNING LAW AND JURISDICTION

These Terms of Use, your use of this website, and all related matters shall be governed solely by the laws of the Province of Quebec, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal in relation to all disputes arising from or related to this Agreement, your use of this website and any related matters.

CONTACT US

If you have any questions regarding the contents of these Terms of Use, including our Privacy Policy, please contact our Director at prinfret@eeyoumarineregion.ca, or at info-irb@eeyoumarineregion.ca.