Nunavut Waters Regulations (SOR/2013-69)

Regulations are current to 2017-09-27

Books and Records

 A licensee 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) the concentration of the substance, or substances, in the deposited solid or liquid that has the effect of making the deposit waste, and

    • (v) the methodology used to calculate or determine the information referred to in subparagraphs (i) to (iv);

  • (b) keep the books and records on the site of the appurtenant undertaking during the period of its operation or until the expiry or cancellation of the licence; and

  • (c) keep the books and records for a period of at least five years after the expiry or cancellation of the licence.

Annual Report

  •  (1) A licensee must submit an annual report to the Board, in a form acceptable to the Board, by March 31 of each year. The report must contain the following information in respect of the previous calendar year:

    • (a) the licensee’s name and licence number;

    • (b) the quantity of water, in cubic metres, used by the licensee, the source of the water and the purpose of its use;

    • (c) the quantity, in cubic metres, and type of waste deposited by the licensee and the location of the deposit, including its geographical coordinates;

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

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

    • (f) a summary of any maintenance, modification or construction of a work that forms part of the appurtenant undertaking;

    • (g) if the appurtenant undertaking was abandoned, a summary description and supporting photographs of the site of the undertaking at the time of its abandonment;

    • (h) if the site of the appurtenant undertaking was restored, a summary description and supporting photographs of the restoration;

    • (i) a summary of any study or monitoring program undertaken, any data collected under the study or program, any work constructed and any plan submitted pursuant to paragraph 70(1)(c) of the Act;

    • (j) a summary of any changes made to operation and maintenance plans in respect of any work that forms part of the appurtenant undertaking; and

    • (k) a summary of any measures taken in response to a direction given by an inspector under section 87 of the Act.

  • (2) The report must be signed and dated by

    • (a) the licensee, if the licensee is an individual; or

    • (b) an authorized agent of the licensee, if the licensee is not an individual.

  • (3) On application in writing by a licensee, the Board may extend the period for submitting an annual report for a period of up to 60 days if the Board is satisfied that an extension is justified in the circumstances.

  • (4) Within 90 days after the day of the expiry or cancellation of a licence, the licensee must submit a report to the Board — in a form acceptable to the Board and signed and dated by the person referred to in subsection (2) — that contains the information set out in subsection (1) in respect of the current calendar year.

Public Register

  •  (1) The register referred to in section 78 of the Act must be in printed or electronic form and contain

    • (a) a copy of each application and all documents received or provided by the Board in respect of the application;

    • (b) all records in respect of any public hearing held in connection with the application;

    • (c) all documents received or provided by the Board in respect of compliance with the conditions of a licence or the conditions imposed on the use of waters or deposit of waste without a licence; and

    • (d) all documents received or provided by the Board in respect of the cancellation of a licence.

  • (2) Despite paragraph (1)(a), a document received by the Board in respect of an application does not need to be kept in the register if an Act of Parliament requires that the document be kept in a registry maintained by the Nunavut Planning Commission or the Nunavut Impact Review Board.

Reporting of Unauthorized Deposit of Waste

  •  (1) For the purposes of subsection 12(3) of the Act, a person who reports a deposit of waste that is not authorized by a licence or these Regulations must report the location, date and nature of the deposit

    • (a) to an inspector, in person or by telephone or electronic mail; and

    • (b) to any emergency spill notification service of the Nunavut government, by telephone, fax or electronic mail.

  • (2) Information that is reported in person or by telephone must also be reported in writing to an inspector without delay.

Water Management Areas

  •  (1) Each watershed shown on the map set out in Schedule 4 is established as a water management area.

  • (2) The boundaries of each watershed are described in the document entitled Nunavut Watersheds Descriptions dated December 1, 2010, and deposited with the Board by the Assistant Deputy Minister, Northern Affairs Organization, Department of Indian Affairs and Northern Development.

  • (3) Any part of a watershed described in the document referred to in subsection (2) that is a marine area does not form part of a water management area.

  • (4) The Board must make the document referred to in subsection (2) available to the public.

Coming into Force

 These Regulations come into force on the day on which they are registered.

 
Date modified: