Nunavut Waters Regulations (SOR/2013-69)

Regulations are current to 2017-09-27

Licensing Criteria for Use of Waters

  •  (1) For the purposes of subsection 42(1) of the Act, the appropriate licence for a use of waters is

    • (a) a type B licence if

      • (i) the use is of a type set out in column 2 of Schedule 2 and satisfies a criterion set out in column 4 in respect of an undertaking set out in column 1, or

      • (ii) the use satisfies the criterion set out in paragraph 4(1)(a) but does not satisfy one or more criterion set out in paragraphs 4(1)(b) to (d); and

    • (b) a type A licence if the use is of a type set out in column 2 of Schedule 2 and satisfies a criterion set out in column 5 in respect of an undertaking set out in column 1.

  • (2) Despite paragraph 1(a), a type A licence is the appropriate licence for a use of waters if a type A licence is required for another use of waters, or a deposit of waste, in respect of the same undertaking.

  • (3) For the purposes of subsections 42(1) and (3) of the Act, a type B licence is the licence that the Board may issue for a use of waters described in subsection 4(1).

Licensing Criteria for Deposit of Waste

  •  (1) For the purposes of subsection 42(1) of the Act, the appropriate licence for a deposit of waste is

    • (a) a type B licence if

      • (i) the deposit satisfies a criterion set out in column 4 of Schedule 3 in respect of an undertaking set out in column 1 that is engaged in an activity set out in column 2, or

      • (ii) the deposit satisfies the criterion set out in paragraph 5(1)(a) but does not satisfy one or more criterion set out in paragraph 5(1)(b) or (c); and

    • (b) a type A licence if the deposit meets a criterion set out in column 5 of Schedule 3 in respect of an undertaking set out in column 1 that is engaged in an activity set out in column 2.

  • (2) Despite paragraph 1(a), a type A licence is the appropriate licence for a deposit of waste if a type A licence is required for another deposit of waste, or a use of waters, in respect of the same undertaking.

  • (3) For the purposes of subsections 42(1) and (3) of the Act, a type B licence is the licence that the Board may issue for a deposit of waste described in subsection 5(1).

Public Hearings

  •  (1) For the purposes of section 13.7.3 of the Agreement and subsection 52(1) of the Act, no public hearing is required in respect of an application for

    • (a) an amendment to a type A licence that does not affect the use, flow or quality of waters or alter the term of the licence;

    • (b) one or several renewals of a type A licence if the total duration of the renewal or renewals does not exceed 180 days;

    • (c) the assignment of a type A licence; or

    • (d) the issuance, amendment, renewal, assignment or cancellation of a type B licence.

  • (2) For the purposes of section 13.7.3 of the Agreement, no public hearing is required in respect of an application for a use of waters or deposit of waste without a licence.

Security

  •  (1) For the purposes of subsection 76(1) of the Act, the Board may fix the amount of security required to be furnished by an applicant for a licence, a licensee or a prospective assignee in an amount not exceeding the aggregate of

    • (a) the costs of the abandonment of the undertaking;

    • (b) the costs of the restoration of the site of the undertaking;

    • (c) the costs of any ongoing measures that may remain to be taken after the abandonment of the undertaking; and

    • (d) the compensation that a person, including the designated Inuit organization, who is adversely affected by the use of waters or deposit of waste may be entitled to under section 13 of the Act.

  • (2) In fixing an amount of security, the Board may have regard to

    • (a) the ability of the applicant, licensee or prospective assignee to pay the costs referred to in subsection (1); or

    • (b) the past performance by the applicant, licensee or prospective assignee in respect of any other licence.

  • (3) Security must be in the form of

    • (a) a promissory note guaranteed by a bank listed in Schedule I or II to the Bank Act and made payable to the Receiver General;

    • (b) a certified cheque drawn on a bank listed in Schedule I or II to the Bank Act and made payable to the Receiver General;

    • (c) a performance bond approved by the Treasury Board for the purposes of paragraph (c) of the definition security deposit in section 2 of the Government Contracts Regulations;

    • (d) an irrevocable letter of credit from a bank listed in Schedule I or II to the Bank Act; or

    • (e) a cash payment.

Fees

 A fee of $30 is payable on the submission of an application for a licence, an application for the amendment, renewal, cancellation or assignment of a licence or an application under section 77 of the Act.

  •  (1) Subject to subsections (4) to (6), the fee payable by a licensee for the right to use waters, calculated on an annual basis, is

    • (a) in respect of an agricultural undertaking, the greater of

      • (i) $30, and

      • (ii) $0.15 for each 1 000 m3 that is authorized by the licence;

    • (b) in respect of an industrial or mining undertaking, or the undertaking set out in item 8, column 1 of Schedule 1, the greater of $30 and the aggregate of

      • (i) for the first 2 000 m3 per day that is authorized by the licence, $1 for each 100 m3 per day,

      • (ii) for any quantity greater than 2 000 m3 per day but less than or equal to 4 000 m3 per day that is authorized by the licence, $1.50 for each 100 m3 per day, and

      • (iii) for any quantity greater than 4 000 m3 per day that is authorized by the licence, $2 for each 100 m3 per day; and

    • (c) in respect of a power undertaking,

      • (i) for a Class 0 power undertaking, nil,

      • (ii) for a Class 1 power undertaking, $1,500,

      • (iii) for a Class 2 power undertaking, $4,000,

      • (iv) for a Class 3 power undertaking, $10,000,

      • (v) for a Class 4 power undertaking, $30,000,

      • (vi) for a Class 5 power undertaking, $80,000, and

      • (vii) for a Class 6 power undertaking, $90,000 for the first 100 000 kW of authorized production and $1,000 for each 1 000 kW of authorized production in excess of 100 000 kW.

  • (2) For the purposes of paragraph (1)(b), if a licence authorizes a use of waters on a basis other than a daily basis, the licence fee payable must be calculated by converting the rate of authorized use to an equivalent daily rate.

  • (3) If the volume of water is specified in a licence to be total watercourse flow, the licence fee must be calculated using the mean daily flow of the watercourse, calculated on an annual basis.

  • (4) Licence fees are payable only for the portion of the year during which the licence is in effect.

  • (5) No licence fees are payable in respect of a diversion of waters where the waters are not otherwise used.

  • (6) No licence fees are payable for the right to the use of waters on, in or flowing through Inuit-owned lands.

  • (7) Licence fees shall be paid or, in the case of an initial payment, deducted from the deposit

    • (a) in respect of a licence for a term of one year or less, at the time the licence is issued; and

    • (b) in respect of a licence for a term of more than one year,

      • (i) for the first year of the licence, at the time the licence is issued, and

      • (ii) for each subsequent year of the licence, and for any portion of the final year of the licence, on the anniversary of the date of issuance of the licence.

 
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