Nunavut Waters Regulations (SOR/2013-69)

Regulations are current to 2017-09-27

Nunavut Waters Regulations

SOR/2013-69

NUNAVUT LAND CLAIMS AGREEMENT ACT

NUNAVUT WATERS AND NUNAVUT SURFACE RIGHTS TRIBUNAL ACT

Registration 2013-04-18

Nunavut Waters Regulations

P.C. 2013-375 2013-04-18

Whereas the Minister of Indian Affairs and Northern Development has consulted with the Nunavut Water Board in accordance with paragraph 82(1)(f) of the Nunavut Waters and Nunavut Surface Rights Tribunal ActFootnote a;

And whereas that Board has concurred with that Minister’s recommendation in accordance with subsection 82(2) of that Act;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 82 of that Act and section 8 of the Nunavut Land Claims Agreement ActFootnote b, makes the annexed Nunavut Waters Regulations.

Interpretation

 The following definitions apply in these Regulations.

Act

Act means the Nunavut Waters and Nunavut Surface Rights Tribunal Act. (Loi)

undertaking

undertaking means an appurtenant undertaking, or an undertaking in relation to a use of waters or deposit of waste for which a licence is not required, of a type set out in Schedule 1. (entreprise)

Nunavut Land Claims Agreement

 For greater certainty,

  • (a) the issuance by the Board of a type A or B licence, or the approval by the Board of an application for a use of waters or deposit of waste without a licence, constitutes an approval by the Board for the purposes of section 13.7.1 of the Agreement; and

  • (b) a use of waters or a deposit of waste without a licence that is described in section 4 or 5 is not authorized by these Regulations unless the Board has approved the use or deposit.

Application for Approval of Use of Waters or Deposit of Waste Without a Licence

 An application for the approval of a use of waters or deposit of waste without a licence must be submitted to the Board and contain the following information:

  • (a) the applicant’s name, postal address and telephone number and their fax number and electronic mail address, if any;

  • (b) the name of the owner of any land that will be used in relation to the waters to be used or the waste to be deposited;

  • (c) the type of undertaking in respect of which waters will be used or waste will be deposited;

  • (d) the equipment that will be used in using the waters or depositing the waste;

  • (e) the location of the undertaking, including its geographical coordinates, if known, and the water management area in which the undertaking is located;

  • (f) in the case of an application for a use of waters,

    • (i) the purpose for which the waters will be used,

    • (ii) the quantity of water, in cubic metres, that will be used per day,

    • (iii) whether the use of the waters will involve watercourse crossing or training, and

    • (iv) the period or periods during which the waters will be used; and

  • (g) in the case of an application for a deposit of waste,

    • (i) the type of waste to be deposited,

    • (ii) the quantity of waste, in cubic metres, that will be deposited per day,

    • (iii) where the waste will be deposited,

    • (iv) any measures that will be taken to avoid or mitigate any adverse impacts, and

    • (v) the period or periods during which the waste will be deposited.

Use of Waters Without a Licence

  •  (1) For the purposes of paragraph 11(2)(a) of the Act, a licence is not required for a use of waters that

    • (a) is of a type set out in column 2 of Schedule 2 that satisfies a criterion set out in column 3 in respect of an undertaking set out in column 1;

    • (b) would not substantially affect the quality, quantity or flow of the waters;

    • (c) would not substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land; and

    • (d) would not adversely affect the use of waters by a person who would be entitled to compensation under section 58 or 60 of the Act if their use of those waters were to be adversely affected by an applicant for a licence.

  • (2) Despite subsection (1), no use of waters without a licence is authorized if a licence is required for another use of waters, or a deposit of waste, in respect of the same undertaking.

  • (3) No use of waters without a licence is authorized unless the following conditions are complied with:

    • (a) measures must be taken prior to using waters to minimize any alteration to the bed or banks of a watercourse whose waters are to be used, and the measures must be maintained during the operation of the undertaking;

    • (b) prior to the closure or abandonment of the undertaking or the end of the period authorized for the use of waters, whichever occurs first, the site must be restored — to the extent practicable — to the state in which it was before the waters were used; and

    • (c) in the case of a person who has a mineral right and who uses waters in relation to that right, the person must respect the priority conferred on Inuit by section 62 of the Act as if that person had a licence for the use.

  • (4) Despite paragraph (3)(b), a site need not be restored prior to the end of the period authorized for the use of waters without a licence if the Board issues a licence for a use of waters on that site prior to the end of that period.

  • (5) A use of waters without a licence is authorized for a period of one year after the day on which the Board approves the application for the approval of the use.

Waste Deposit Without a Licence

  •  (1) For the purposes of paragraph 12(2)(a) of the Act, a licence is not required for a deposit of waste that

    • (a) satisfies a criterion set out in column 3 of Schedule 3 in respect of an undertaking set out in column 1 that is engaged in an activity set out in column 2;

    • (b) would not substantially affect the quality, quantity or flow of the waters in which it is deposited;

    • (c) would not substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land; and

    • (d) would not adversely affect the use of waters by a person who would be entitled to compensation under section 58 or 60 of the Act if their use of those waters were to be adversely affected by an applicant for a licence.

  • (2) In the case of a deposit of waste that is discharged from a vessel within the meaning of section 2 of the Canada Shipping Act, 2001, a licence is not required if the deposit is not prohibited under Part 9 of that Act and satisfies paragraphs (1)(c) and (d).

  • (3) Despite subsection (1), no deposit of waste without a licence is authorized if a licence is required for another deposit of waste, or a use of waters, in respect of the same undertaking.

  • (4) No deposit of waste without a licence is authorized unless the following conditions are complied with:

    • (a) the waste must not be deposited to surface waters or within 31 m of the ordinary high water mark of any body of water;

    • (b) the waste must not contain more than 15 mg/L of petroleum or petroleum product and must not have a visible hydrocarbon sheen;

    • (c) prior to the closure or abandonment of the undertaking or the end of the period authorized for the deposit, whichever occurs first, the site must be restored — to the extent practicable — to the state in which it was before the waste was deposited; and

    • (d) in the case of a person who has a mineral right and who deposits waste in relation to that right, the person must respect the priority conferred on Inuit by section 62 of the Act as if that person had a licence for the deposit.

  • (5) Despite paragraph (4)(c), a site need not be restored prior to the end of the period authorized for the deposit without a licence if the Board issues a licence for a deposit of waste on that site prior to the end of that period.

  • (6) A deposit of waste without a licence is authorized for a period of one year after the day on which the Board approves the application for the approval of the deposit.

Books and Records: Use of Waters or Deposit of Waste Without a Licence

  •  (1) A person who is authorized under these Regulations to use waters or deposit waste without a licence must

    • (a) maintain accurate and detailed books and records of

      • (i) the quantity of water, in cubic metres, used each day,

      • (ii) the quantity of waste, in cubic metres, deposited each day,

      • (iii) the type of waste deposited each day,

      • (iv) where the waste is deposited,

      • (v) the concentration of the substance, or substances, in the deposited solid or liquid that has the effect of making the deposit waste,

      • (vi) the methodology used to calculate or determine the information referred to in subparagraphs (i) to (iv), and

      • (vii) the measures that were taken to avoid or mitigate any adverse impacts of the deposit of waste;

    • (b) keep the books and records on the site of the undertaking during the period of its operation and make them available during that period to an inspector on request;

    • (c) submit to the Board a report containing a summary description and supporting photographs of the restoration of the site of the undertaking within 30 days after the earlier of

      • (i) the day on which the undertaking is closed or abandoned, and

      • (ii) the last day of the period authorized for the use or deposit without a licence; and

    • (d) keep the books and records for two years after the day on which they submit the report describing the restoration of the site of the undertaking.

  • (2) Despite subparagraph (1)(c)(ii), a person need not submit a report to the Board if the person obtains the Board’s approval for a use of waters or deposit of waste without a licence, or a licence for a use of waters or a deposit of waste, on the same site within the period referred to in subparagraph (1)(c)(ii).

 
Date modified: