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

Assented to 2002-04-30

Scope and Application

Marginal note:Other Acts

 Nothing in this Part, the regulations or a licence authorizes a person to contravene any other Act of Parliament or a regulation or order made under any other Act of Parliament.

Marginal note:Rights preserved

 Nothing in this Part, the regulations or a licence constitutes a defence to a claim for loss or damage sustained by any person by reason of the construction or operation of any work forming part of an appurtenant undertaking.

Her Majesty

Marginal note:Binding on Her Majesty

 This Part is binding on Her Majesty in right of Canada or a province, except that Her Majesty in right of Canada is not required to pay any fee prescribed by the regulations.

Marginal note:Waters vested in Her Majesty
  •  (1) Subject to any rights granted by or under any other Act of Parliament in respect of waters in Nunavut, the property in and the right to the use of all waters in Nunavut are vested in Her Majesty in right of Canada.

  • Marginal note:Rights of designated Inuit organization

    (2) Despite subsection (1), the designated Inuit organization has, in respect of waters in Nunavut, the rights that are provided in the Agreement, including the exclusive right to the use of water on, in, or flowing through Inuit-owned land and the right to have water flow through that land substantially unaffected in quality, quantity and flow.

Delegation and Agreements

Marginal note:Delegation to territorial minister

 The Minister may, in writing, delegate to the territorial minister responsible for water resources any of the Minister’s functions under sections 14, 16, 17, 19 and 21, subsection 55(5), section 56, subsection 77(1) and section 84, either generally or as otherwise provided in the instrument of delegation, except that the delegation cannot abrogate or derogate from any rights of Inuit under the Agreement.

Marginal note:Agreements with provinces

 The Minister and the territorial minister responsible for water resources shall, with the assistance of the Board, use their best efforts to negotiate an agreement, subject to any agreement entered into under section 5 or 11 of the Canada Water Act, with a provincial government providing for the management of any waters situated partially in Nunavut and partially in a province, or flowing between Nunavut and a province. The Minister shall not enter into an agreement without the approval of the Governor in Council.

Prohibitions

Marginal note:Use of waters
  •  (1) Subject to subsection (2), no person shall use, or permit the use of, waters in Nunavut except in accordance with the conditions of a licence.

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply in respect of

    • (a) any unlicensed use of waters that is authorized by the regulations;

    • (b) the use of waters

      • (i) for a domestic purpose, or

      • (ii) for the purpose of extinguishing a fire or, on an emergency basis, controlling or preventing a flood; or

    • (c) the use of waters in a national park.

  • Marginal note:Duties in certain cases

    (3) Where a person diverts waters for a purpose referred to in subparagraph (2)(b)(ii), the person shall, when the need for the diversion has ceased, discontinue the diversion and, in so far as possible, restore the waters to their original channel.

Marginal note:Deposit of waste
  •  (1) Subject to subsection (2) and except in accordance with the conditions of a licence, no person shall deposit or permit the deposit of waste

    • (a) in waters in Nunavut; or

    • (b) in any other place in Nunavut under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter waters in Nunavut.

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply in respect of

    • (a) any unlicensed deposit of waste that is authorized by the regulations; or

    • (b) the deposit of waste in a national park.

  • Marginal note:Duty to report deposits

    (3) Where waste is deposited in contravention of this section, every person who owns or has the charge, management or control of the waste, or who caused or contributed to the deposit, shall, subject to the regulations, without delay report the deposit to an inspector.

Compensation

Marginal note:Right to compensation
  •  (1) Except as otherwise provided by a compensation agreement referred to in this Part, a person, including the designated Inuit organization, who is adversely affected by a licensed use of waters or deposit of waste, or by an unlicensed use of waters or deposit of waste authorized by the regulations, is entitled to be compensated in respect of that adverse effect by the licensee or the person so authorized and to recover the compensation in any court of competent jurisdiction.

  • Marginal note:Limitation

    (2) A person, including the designated Inuit organization, is entitled to recover compensation under subsection (1) only to the extent that the person is not paid compensation under any other provision of this Part in respect of the adverse effect.

Division 1Nunavut Water Board

Establishment and Organization of Board

Marginal note:Establishment of Board
  •  (1) There is hereby established the Nunavut Water Board, the members of which are to be appointed by the Minister.

  • Marginal note:Number of members

    (2) Subject to sections 16 and 17, the Board consists of nine members, including the Chairperson.

  • Marginal note:Proportions

    (3) The following rules apply to the appointment of members, other than the Chairperson:

    • (a) one half of the members shall be appointed on the nomination of the designated Inuit organization; and

    • (b) one quarter of the members shall be appointed on the nomination of

      • (i) the territorial minister responsible for renewable resources, and

      • (ii) the territorial minister or ministers designated, by an instrument of the Executive Council of Nunavut, for the purposes of this paragraph.

  • Marginal note:Appointment of Chairperson

    (4) The Chairperson shall be appointed after consultation with the other members.

Marginal note:Term of office
  •  (1) A member of the Board shall be appointed to hold office for a term of three years.

  • Marginal note:Acting after expiry of term

    (2) If the term of a member expires before the member has made a decision in a matter for which a public hearing is held, the member may, with the authorization of the Chairperson, continue to act as a member only in relation to that matter until the hearing is concluded and a decision is made. The office of the member is deemed to be vacant as soon as the term expires for the purpose of the appointment of a replacement.

Marginal note:Additional members

 Additional members may be appointed to the Board for the performance of a specified purpose, or for a term of less than three years, in the manner and the proportions provided by subsection 14(3).

Marginal note:Inuit of northern Quebec
  •  (1) During any period preceding the ratification by the parties of an agreement to settle the offshore land claims of the Inuit of northern Quebec, the Minister shall appoint, on the nomination of Makivik, a number of substitute members of the Board equal to one-half the number appointed on the nomination of the designated Inuit organization.

  • Marginal note:Role of substitute members

    (2) In respect of licensing decisions of the Board that apply to any area of equal use and occupancy described in Schedule 40-1 to the Agreement, the substitute members shall act in the place of such members appointed on the nomination of the designated Inuit organization as are identified by the Minister, after consultation with that organization, at the time of the appointment of the substitute members.

  • Marginal note:Term

    (3) Subject to subsection 15(2), the term of a substitute member is three years, except that the term of that member expires on the ratification referred to in subsection (1).

  • Marginal note:Status of substitute members

    (4) Substitute members shall not be considered to be members, except in respect of decisions referred to in subsection (2).

Marginal note:Oath of office

 Before taking up their duties, members of the Board shall take and subscribe the oath of office set out in Schedule 2 before a person authorized by law to administer oaths.

Marginal note:Removal

 Any member of the Board may be removed for cause, but before a member who was nominated by the designated Inuit organization, Makivik or the territorial ministers is removed, the Minister shall consult the designated Inuit organization, Makivik or the territorial ministers, as the case may be.

Marginal note:Reappointment

 A member is eligible to be reappointed to the Board in the same or another capacity.

Marginal note:Vacancies

 Where the office of a member becomes vacant, the Minister shall, without delay, appoint a new member to that office, and if the vacancy occurs during the term of a member, a replacement shall be appointed only for the remainder of that term.

Marginal note:Duties of Chairperson

 The Chairperson is the chief executive officer of the Board and has such powers, duties and functions as are prescribed by the rules or by-laws of the Board.

Marginal note:Conflict of interest
  •  (1) No member of the Board may participate in a decision on a matter in which that member has a material conflict of interest.

  • Marginal note:Status of Inuk or interest in land

    (2) A member is not placed in a material conflict of interest merely because the member has the status under the Agreement of an Inuk or has an interest in land in Nunavut.

Marginal note:Remuneration and expenses
  •  (1) The members of the Board shall receive fair remuneration, as determined by the Minister, for the performance of their duties and shall be paid such travel and living expenses incurred while absent from their ordinary place of residence in the course of performing their duties as are consistent with Treasury Board directives for public servants.

  • Marginal note:Workers’ compensation

    (2) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act.

 
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