Nunavut Waters Regulations (SOR/2013-69)

12 (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.