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

Act current to 2022-06-20 and last amended on 2019-08-28. Previous Versions

PART 3Transitional Provisions, Consequential and Coordinating Amendments and Coming into Force

Transitional Provisions

Marginal note:Continuation of Nunavut Water Board

  •  (1) The Board established by section 14 and the Nunavut Water Board established under the Agreement before the day on which this Act is assented to are hereby declared for all purposes to be one and the same body.

  • Marginal note:Acts and decisions of the Board

    (2) Any act of the Board taken, or any decision made by it under the Agreement, before the day on which this Act is assented to is deemed, to the extent that the act or decision would have been valid under this Act, to have been validly taken or made under this Act.

  • Marginal note:Ministerial approval

    (3) Any approval to the issuance of a licence by the Board that was given by the Minister before the day on which this Act is assented to is deemed to have been validly given under this Act, to the extent that the approval would have been validly given under this Act with the exception of subsections 56(2) to (2.2).

  • Marginal note:Actions of inspectors

    (4) Any actions taken in Nunavut by inspectors under the Northwest Territories Waters Act, for the period beginning on July 9, 1996 and ending on the day before the day on which this Act is assented to, are deemed, to the extent that the actions would have been valid under this Act, to have been validly taken under this Act.

Marginal note:Licences

  •  (1) This Act does not affect licences for the use of waters or the deposit of waste in Nunavut issued under the Northwest Territories Waters Act that were in force immediately before the day on which this Act is assented to. The licences are deemed to have been issued by the Nunavut Water Board under this Act.

  • Marginal note:Pending applications

    (2) The Nunavut Water Board shall dispose of any application respecting a licence in relation to a use of waters or a deposit of waste to which Part 1 applies that was made to the Northwest Territories Water Board and was pending on July 9, 1996.

Marginal note:Existing regulations

  •  (1) Until they have been replaced or repealed under this Act, the regulations and orders made under sections 33 and 34 of the Northwest Territories Waters Act that were in force on July 9, 1996 are binding on the Nunavut Water Board from that date, and continue to apply from that date in Nunavut, except in a national park, and the Board shall exercise the powers of the Northwest Territories Water Board under those regulations and orders in relation to Nunavut.

  • Marginal note:Instream use

    (2) The regulations made under paragraph 33(1)(m) of the Northwest Territories Waters Act are deemed to authorize the unlicensed instream use of waters in Nunavut, except in a national park.

  • Marginal note:Powers of Board

    (3) During the period of one year following the day on which this Act is assented to, the Nunavut Water Board may, by order, provide that any provision of the regulations made under paragraph 33(1)(m) or (n) of the Northwest Territories Waters Act ceases to apply in relation to Nunavut.

Marginal note:Applications not requiring public hearings

  •  (1) The regulations made under paragraph 33(1)(c) of the Northwest Territories Waters Act are deemed, in relation to the use of waters or the deposit of waste in Nunavut, to prescribe, as classes of applications that are exempted from the requirement of a public hearing, the classes of applications in relation to the following:

    • (a) in the case of a Type A licence,

      • (i) any amendment that does not affect the use, flow or quality of waters or alter the term of the licence,

      • (ii) any amendment that affects the use, flow or quality of waters or alters the term of the licence, where the Nunavut Water Board, with the consent of the Minister, is of the opinion that an emergency exists that requires the amendment, or

      • (iii) one or several renewals of a total duration not exceeding sixty days; and

    • (b) in the case of a Type B licence, its issuance, amendment, renewal or cancellation.

  • Marginal note:Consultation

    (2) Within one year after the day on which this Act is assented to, the Minister shall, unless regulations have been made under paragraph 82(1)(f) before that time to replace the regulations referred to in subsection (1), consult the Board on the application of subsection (1).

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

 [Amendments]

Coordinating Amendments

 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote * Subsections 171(2) to (4), section 172 and subsections 173(1) and (2) and 174(1) are deemed to have come into force on July 9, 1996.

  • Return to footnote *[Note: Act, except subsections 171(2) to (4), section 172 and subsections 173(1) and (2) and 174(1), in force on assent April 30, 2002.]

 
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