Mackenzie Valley Federal Areas Waters Regulations (SOR/93-303)

1 [Repealed, SOR/2016-130, s. 2]

Interpretation

2 In these Regulations,

Act

Act means the Mackenzie Valley Resource Management Act; (Loi)

groundwater

groundwater means all water in a zone of saturation beneath the land surface, regardless of its origin; (eau souterraine)

undertaking

undertaking means an undertaking in respect of which water is to be used or waste is to be deposited, of a type set out in Schedule II; (entreprise)

watercourse

watercourse means a natural watercourse, body of water or water supply, whether usually containing water or not, and includes groundwater, springs, swamps and gulches. (cours d’eau)

Water Management Areas

3 The geographical areas of the Northwest Territories set out in Schedule I are established as water management areas.

Application

4 These Regulations apply in respect of federal areas that are within the water management areas established under section 3.

Water Use or Waste Deposit Without a Licence

• 5 (1) A person may use water and deposit waste without a licence if the proposed use or deposit

  • (a) has no potential for significant adverse environmental effects;

  • (b) would not interfere with existing rights of other water users or waste depositors; and

  • (c) satisfies the criteria set out

    • (i) in respect of an industrial undertaking, in column II of Schedule IV;

    • (ii) in respect of a mining and milling undertaking, column II of Schedule V;

    • (iii) in respect of a municipal undertaking, in column II of Schedule VI;

    • (iv) in respect of a power undertaking, in column II of Schedule VII; and

    • (v) in respect of an agricultural, conservation, recreational or miscellaneous undertaking, in column II of Schedule VIII.

• (2) An individual may, without a licence, deposit waste that is sewage from a residential building, in accordance with the General Sanitation Regulations of the Northwest Territories.

• (3) A vessel, as defined in section 2 of the Canada Shipping Act, 2001, may deposit waste without a licence if the deposit of that waste is not prohibited under Part 9 of that Act.

Applications for Licences

• 6 (1) An application for a licence or for the amendment or renewal of a licence shall be the form set out in Schedule III and shall contain the information identified therein and be accompanied by a deposit equal to any water use fee that would be payable under subsection 9(1) in respect of the first year of the licence that is being applied for.

• (2) An application referred to in subsection (1) shall also include

  • (a) where the proposed undertaking consists of a dam,

    • (i) a plan showing the length, height, cross-sections and elevations of the dam and the location and preliminary designs of spillways, canals, sluice pipes and any other outlet works, and

    • (ii) data respecting the type and composition of the material to be used in the construction of the dam;

  • (b) where the proposed undertaking consists of a storage reservoir,

    • (i) an estimate of the number of hectares of land to be flooded, the surface area, in hectares, of the reservoir when filled and the contemplated total storage capacity of the reservoir, and

    • (ii) a plan showing representative cross-sections of the reservoir;

  • (c) where the proposed undertaking consists of a watercourse crossing,

    • (i) a plan of the crossing showing cross-sections and elevations,

    • (ii) a description of the existing bed and banks of the watercourse, and

    • (iii) any available data on the water flow of the watercourse;

  • (d) where the water is proposed to be used for a municipal undertaking in respect of a camp or lodge or in respect of a municipality or settlement,

    • (i) a plan showing the location of the camp or lodge or the location, area and boundaries of the municipality or settlement,

    • (ii) an indication of the approximate capacity of the camp or lodge or population of the municipality or settlement, and

    • (iii) a plan of the intended water or sewage system, showing cross-sections and elevations;

  • (e) where the water is proposed to be used for an industrial or mining and milling undertaking, a description of the undertaking and of all wastes produced and chemicals used in the operation of the undertaking;

  • (f) where the proposed undertaking involves a deposit of waste,

    • (i) the location, rate, timing, frequency and duration of deposit,

    • (ii) the anticipated constituents of the deposit and the concentration thereof,

    • (iii) the methods proposed for the storage and treatment thereof, and

    • (iv) an assessment of the qualitative and quantitative effects on the waters into which the waste is to be deposited;

  • (g) where the undertaking involves the handling or storage of petroleum products or hazardous materials,

    • (i) a plan for the safe handling, storage and disposal thereof, and

    • (ii) a contingency plan for their containment and for the clean-up thereof in the event of a spill; and

  • (h) in any case, plans for the abandonment, or any temporary closing, of the proposed undertaking.

Application Fees

7 The fee payable on the submission of an application for a licence or for an amendment, renewal, cancellation or assignment of a licence is $30.

Licensing Criteria

• 8 (1) Subject to subsection (2), a licence issued under subsection 72.03(1) of the Act shall be a type B licence for one or more uses of water or deposits of waste set out in column I of any of Schedules IV to VIII, if any one of those uses or deposits

  • (a) meets a criterion set out in column III thereof; or

  • (b) meets a criterion set out in column II thereof, but does not meet the requirements of paragraphs 5(1)(a) and (b).

• (2) A licence issued under subsection 72.03(1) of the Act shall be a type A licence for one or more uses of water or deposits of waste set out in column I of any of Schedules IV to VIII, if any one of those uses or deposits meets a criterion set out in column IV thereof.

Water Use Fees

• 9 (1) Subject to subsections (4) and (5), the fee payable by a licensee for the right to the use of water, 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 authorized by the licence;

  • (b) in respect of an industrial, mining and milling or miscellaneous undertaking, 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), where a licence authorizes the use of water on a basis other than a daily basis, the licence fee payable shall be calculated by converting the rate of authorized use to an equivalent daily rate.

• (3) Where the volume of water is specified in a licence to be total watercourse flow, the licence fee will 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 fees are payable under subsection (1) in respect of a diversion of water where the water is not otherwise used.

• (6) 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, or for any portion of the final year of the licence, in advance, on the anniversary of the date of issuance of the licence.

• (7) Where the licence fee payable under this section is less than the amount of the deposit remitted under subsection 6(1), the difference shall be refunded accordingly.

Applications for Assignment

• 10 (1) The authorization of a board for the assignment of a licence referred to in section 72.14 of the Act may be obtained by submitting an application, accompanied by the fee set out in section 7, to the board established for the relevant water management area not less than 45 days before the date on which the applicant proposes to assign the licence.

• (2) An application referred to in subsection (1) shall be signed by the assignor and the assignee and shall include the name and address of the assignee.

Applications for Cancellation

11 An application for cancellation of a licence shall be in writing and set out the reason for the requested cancellation and a description of the measures taken or proposed to be taken, prior to cancellation, for abandonment of the appurtenant undertaking.

Security

• 12 (1) A board may fix the amount of security required to be furnished by an applicant under subsection 72.11(1) of the Act in an amount not exceeding the aggregate of the costs of

  • (a) abandonment of the undertaking;

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

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

• (2) In fixing an amount of security under subsection (1), a board may have regard to

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

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

• (3) Security referred to in subsection (1) shall be in the form of

  • (a) a promissory note guaranteed by a bank in Canada and payable to the Receiver General;

  • (b) a certified cheque drawn on a bank in Canada and payable to the Receiver General;

  • (c) [Repealed, SOR/2016-130, s. 9]

  • (d) an irrevocable letter of credit from a bank in Canada; or

  • (e) cash.

13 [Repealed, SOR/2016-130, s. 10]

Public Register

• 14 (1) The register referred to in section 68 of the Act shall be in the form of one or more files in respect of each licence application.

• (2) Each file referred to in subsection (1) shall contain

  • (a) a copy of the application and of all supporting documents;

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

  • (c) a copy of any licence issued in respect of the application and the board’s reasons for decision in respect of its issuance; and

  • (d) all correspondence and documents submitted to the board in respect of compliance with the conditions of any licence issued in respect of the application.

Reports

• 15 (1) Every licensee shall maintain accurate and detailed books and records and shall submit a report each year to the board that issued the licence, on or before the anniversary of the date of issuance of the licence, setting out the quantity of water used under the licence and the quantity, concentration and type of any waste deposited under the licence.

• (2) A report submitted pursuant to subsection (1) shall be signed by

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

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