Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)

Act current to 2014-04-02 and last amended on 2014-04-01. Previous Versions

Marginal note:Place of hearing

 A public hearing that is held by the Board shall take place in the community or communities within Nunavut most affected by the application before the Board.

Marginal note:Powers at hearings

 The Board has, in respect of public hearings, the powers of a commissioner appointed under Part I of the Inquiries Act.

Marginal note:Notice of applications
  •  (1) The Board shall give notice of every application in relation to a licence to the council of each municipality in the area affected by the application and shall publish the notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in such other manner as the Board considers appropriate. The notice shall invite interested persons to make representations within a specified period and shall advise them of the consequences, as provided in section 59 and subsection 60(2), of any failure to respond to the notice.

  • Marginal note:Notice of hearings

    (2) Where the Board decides or is required under this Part to hold a public hearing, it shall give notice, in the manner described in subsection (1), at least sixty days before the commencement of the hearing, of the place, date and time of the hearing. The place, date and time of the hearing shall be chosen and the notice published by the Board in a manner that promotes public awareness and participation in that hearing.

  • Marginal note:Communication of information

    (3) Where a public hearing is held in relation to an application, the information provided to the Board in relation to the application shall be made available to the public within a reasonable period of time before the commencement of the hearing.

  • Marginal note:Where public hearing not held

    (4) Where a public hearing is not held in relation to an application, the Board shall not act on the application until at least thirty days after notice of the application has been published under subsection (1) unless, in the opinion of the Board, there are urgent circumstances that justify the Board acting on that application in a shorter period, but that shorter period shall not be less than ten days.

  • Marginal note:Exception

    (5) Subsections (1) and (4) do not apply in respect of an application for the amendment of a licence where the Board, with the consent of the Minister, declares the amendment to be required on an emergency basis.

Conditions of Issuance

Marginal note:Approval of issuance
  •  (1) The issuance, amendment, renewal and cancellation of a type A licence and, if a public hearing is held, a type B licence are subject to the approval of the Minister.

  • Marginal note:Reasons

    (2) Within 45 days after the Minister receives a licence that has been issued, amended or renewed or a notice of cancellation of a licence, the Minister shall make a decision on whether to approve the issuance, amendment, renewal or cancellation of the licence and, if the decision is not to approve, give written reasons for the decision.

  • Marginal note:Extension

    (2.1) The Minister may extend the 45 days referred to in subsection (2) for a further consecutive forty five days, for a total of 90 days, by notifying the Board of the extension within the first 45 days.

  • Marginal note:Absence of decision

    (2.2) If the Minister does not make a decision within the forty five or ninety days referred to in subsection (2) or (2.1) respectively, whichever is applicable, the Minister is deemed to have approved the issuance, amendment, renewal or cancellation, as the case may be.

  • Marginal note:Limitation

    (3) The disagreement of the Minister with the amount of compensation determined under paragraph 63(1)(b) is not sufficient reason for the Minister to withhold approval in respect of a licence for a use of waters or deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land.

  • Marginal note:Copies of decisions to parties

    (4) The Minister shall send a copy of the Minister’s decision and, in the case of a decision to withhold approval, the reasons for the decision

    • (a) to the Board;

    • (b) to the applicant or licensee;

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

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