Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)

Assented to 2002-04-30

Marginal note:Continuation of Nunavut Surface Rights Tribunal

 The Tribunal established by section 99 and the Nunavut Surface Rights Tribunal established under the Agreement before this Act is assented to are hereby declared for all purposes to be one and the same body.

Consequential Amendments

R.S., c. A-1Access to Information Act

 Schedule I to the Access to Information Act is amended by adding, in alphabetical order under the heading “Other Government Institutions”, the following:

  • Nunavut Surface Rights Tribunal

    Tribunal des droits de surface du Nunavut

  • Nunavut Water Board

    Office des eaux du Nunavut

R.S., c. A-12Arctic Waters Pollution Prevention Act

Marginal note:1992, c. 40, s. 49

 The definition “analyst” in section 2 of the Arctic Waters Pollution Prevention Act is replaced by the following:

“analyst”

« analyste »

“analyst” means a person designated as an analyst under the Canada Water Act, the Yukon Waters Act, the Northwest Territories Waters Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act;

1998, c. 25Mackenzie Valley Resource Management Act

 Section 60 of the Mackenzie Valley Resource Management Act is amended by adding the following after subsection (3):

  • Marginal note:Inuit-owned lands

    (3.1) Sections 15.1 to 15.5 of the Northwest Territories Water Act apply to the board in relation to Inuit-owned lands referred to in those sections, even though those lands are outside the Mackenzie Valley.

1988, c. 12Northern Canada Power Commission (Share Issuance and Sale Authorization) Act

Marginal note:1992, c. 39, s. 49(1)

 Section 12 of the Northern Canada Power Commission (Share Issuance and Sale Authorization) Act is replaced by the following:

Marginal note:Exemption from fees

12. The Minister may, with the approval of the Governor in Council, make an order exempting the Corporation from the requirement to pay fees for the right to use waters or deposit waste under a licence under the Northwest Territories Waters Act or Part 1 of the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

1992, c. 39Northwest Territories Waters Act

  •  (1) The definition “usager particulier” in section 2 of the French version of the Northwest Territories Waters Act is repealed.

  • (2) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:

    « usager ordinaire »

    “instream user”

    usager ordinaire La personne qui utilise les eaux pour subvenir à ses besoins ou se constituer un revenu, sans toutefois les détourner, les obstruer ni modifier leur cours, leurs rives ou leur lit.

 The Act is amended by adding the following after section 7:

Marginal note:Other water authorities

7.1 Where the use of waters or the deposit of waste that is the subject of an application to the Board would have a significant impact on a use of waters or a deposit of waste in an area for which another body is exercising powers of water management, the Board may collaborate with that body.

 Paragraph 8(2)(b) of the French version of the Act is replaced by the following:

  • b) par un usager ordinaire;

 Section 12 of the Act is replaced by the following:

Marginal note:Objects

12. The objects of the Board are to provide for the conservation, development and utilization of waters in a manner that will provide the optimum benefit for all Canadians in general and, in particular, for the residents of any part of the Northwest Territories for which the Board is authorized to issue licences.

  •  (1) Clause 14(4)(a)(i)(A) of the Act is replaced by the following:

  • (2) Subparagraph 14(4)(b)(i) of the Act is replaced by the following:

  • (3) Subparagraph 14(4)(b)(iii) of the French version of the Act is replaced by the following:

    • (iii) des usagers ordinaires,

  • (4) Paragraph 14(4)(b) of the Act is amended by adding the following after subparagraph (v):

  • Marginal note:1998, c. 25, s. 166

    (5) Paragraph 14(4)(b.1) of the Act is repealed.

 Paragraph 15(2)(c) of the French version of the Act is replaced by the following:

  • c) les usagers ordinaires;

 The Act is amended by adding the following after section 15:

Marginal note:Inuit-owned land
  • 15.1 (1) The Board shall not issue a licence in respect of a use of waters or a deposit of waste that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, unless

    • (a) the applicant has entered into an agreement with the designated Inuit organization to pay compensation for any loss or damage that may be caused by the alteration; or

    • (b) where there is no agreement referred to in paragraph (a),

      • (i) on the request of the applicant or the designated Inuit organization, the Board has made a joint determination of the appropriate compensation with the Nunavut Water Board, or

      • (ii) where the Board and the Nunavut Water Board are unable to jointly determine compensation under subparagraph (i), a judge of the Nunavut Court of Justice has determined the compensation.

  • Marginal note:Payment of compensation

    (2) The payment of compensation referred to in paragraph (1)(b) shall be a condition of the licence.

  • Marginal note:Costs

    (3) Unless otherwise determined by the Nunavut Water Board, costs incurred by the designated Inuit organization as a result of a request referred to in subparagraph (1)(b)(i) shall be paid by the applicant.

Marginal note:Negotiation to be in good faith

15.2 A request referred to in subparagraph 15.1(1)(b)(i) shall not be considered by the Board unless the requester has negotiated in good faith and has been unable to reach an agreement.

Marginal note:Factors in determining compensation

15.3 For the purpose of determining compensation under paragraph 15.1(1)(b), the following factors shall be taken into account:

  • (a) the adverse effects of the alteration of the quality, quantity or flow of waters on Inuit-owned land;

  • (b) the nuisance, inconvenience or disturbance, including noise, caused by the alteration;

  • (c) the cumulative adverse effects of the alteration and of any existing uses of waters and deposits of waste;

  • (d) the cultural attachment of Inuit to the affected Inuit-owned land, including waters;

  • (e) the peculiar and special value of the affected Inuit-owned land, including waters; and

  • (f) any interference with Inuit rights derived from the Agreement or otherwise.

Marginal note:Periodic review and payment

15.4 Unless otherwise agreed by the designated Inuit organization and the applicant, where a determination of compensation has been made under paragraph 15.1(1)(b), that determination shall provide, having due regard to the nature and duration of the use of waters or deposit of waste, for the periodic review and periodic payment of that compensation.

Marginal note:Interpretation
  • 15.5 (1) In this section and sections 15.1 to 15.4,

    • (a“Agreement”, “Inuit”, “Inuit-owned land”, “Makivik” and “Tunngavik” have the meanings assigned by subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act; and

    • (b“designated Inuit organization” means

      • (i) except in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement,

        • (A) Tunngavik, or

        • (B) any organization designated in the public record maintained by Tunngavik under the Agreement as being responsible for the functions described under sections 20.3.1 and 20.4.1 of the Agreement, or

      • (ii) in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, Makivik, acting jointly with the organization determined under subparagraph (i).

  • Marginal note:Interpretation

    (2) For greater certainty, sections 15.1 to 15.4 apply where a body of water delineates a boundary between Inuit-owned land and other land and that body of water is not located entirely on Inuit-owned land.

Marginal note:Gwich’in and Sahtu lands

15.6 Where the Board has been notified under subsection 78(1) of the Mackenzie Valley Resource Management Act, it may not issue a licence for a use of waters or deposit of waste referred to in that subsection unless the requirements of subsection 78(3) of that Act are satisfied.

 
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