Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)
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Act current to 2023-03-06 and last amended on 2019-08-28. Previous Versions
PART 1Nunavut Waters (continued)
DIVISION 1Nunavut Water Board (continued)
Objects of Board and Its Relationship with Other Bodies (continued)
Marginal note:Restriction on powers
38 (1) The Board may not issue, renew or amend a licence to use waters or deposit waste in relation to a use or deposit, or appurtenant undertaking, that is a project within the meaning of subsection 2(1) of the Nunavut Planning and Project Assessment Act if
(a) the assessment of the project under Part 3 of that Act has not been completed;
(b) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(4) or (6) or 144(3) of that Act;
(c) the Nunavut Planning Commission has determined, under section 77 of that Act, that the project is not in conformity with any applicable land use plan, and no minor variance or exemption has been granted in respect of the project under paragraph 81(2)(a) or 82(2)(a) of that Act, as the case may be;
(d) the responsible Minister, within the meaning of subsection 73(1) of that Act, has decided that the project could be modified and an amended project proposal submitted to the Nunavut Planning Commission, or that it is not to proceed; or
(e) the responsible authority, within the meaning of section 163 of that Act, has determined, under section 165 of that Act, that the project is not in conformity with the requirements set out by or under any law for which it has responsibility.
(2) Despite paragraph (1)(a), the Board may issue, renew or amend a licence in relation to exploration or developmental activities referred to in subsection 154(1) of the Nunavut Planning and Project Assessment Act or exploration or development activities referred to in paragraph 155(1)(a) or (b) of that Act.
Marginal note:Non-renewal, etc.
(3) Licences issued under subsection (2) must not be renewed or amended if the responsible Minister, as defined in subsection 73(1) of the Nunavut Planning and Project Assessment Act, has come to a decision under Part 3 of that Act that the project to which the activities in question relate either is not to proceed or could be modified and an amended project proposal submitted to the Commission or the responsible authority within the meaning of section 163 of that Act, as the case may be.
- 2002, c. 10, s. 38
- 2013, c. 14, s. 8
39 [Repealed, 2013, c. 14, s. 8]
Marginal note:Other water authorities
40 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 a national park or any place outside Nunavut, the Board may collaborate with any body exercising powers of water management for that park or place.
Marginal note:Marine areas
41 The Board may, either jointly with the Nunavut Planning Commission, the Nunavut Impact Review Board and the Nunavut Wildlife Management Board, as established by the Agreement, acting as the Nunavut Marine Council referred to in section 15.4.1 of the Agreement, or on its own, advise and make recommendations respecting any marine area to any department or agency of the Government of Canada or the Government of Nunavut, and those governments shall consider that advice and those recommendations when making any decision that may affect that marine area.
42 (1) Subject to this Act and on application, the Board may issue the appropriate licence.
(2) The Board may not issue a licence in respect of a use of waters described in paragraph 11(2)(b) or (c) or a deposit of waste described in paragraph 12(2)(b).
Marginal note:Refusal to issue licence
(3) The Board may not refuse to issue a licence merely because the regulations authorize the use of waters or the deposit of waste without a licence.
Marginal note:Renewal, amendment and cancellation
43 (1) Subject to this Act, the Board may
(a) on application by the licensee, renew a licence, with or without changes to the conditions of the licence;
(b) amend, for a specified term or otherwise, any condition of a licence
(i) on application by the licensee,
(ii) to deal with a water shortage, or
(iii) where the Board considers the amendment to be in the public interest; and
(c) cancel a licence
(i) on application by the licensee,
(ii) where the licensee, for three successive years, fails to exercise the licensee’s rights under the licence, or
(iii) where the Board considers the cancellation to be in the public interest.
Marginal note:Renewal and amendment
(2) Sections 57 to 76 apply in relation to the renewal or amendment of a licence.
Marginal note:Notice — on Board’s initiative
43.1 (1) The Board shall give notice of its intention to consider, on its own initiative, the amendment of a condition of a licence under subparagraph 43(1)(b)(ii) or (iii) or the cancellation of a licence under subparagraph 43(1)(c)(ii) or (iii), by publishing a notice on its Internet site, in the public registry, in the Canada Gazette or in a newspaper or other periodical that, in its opinion, has a large circulation in Nunavut.
(2) Subsection (1) does not apply if the Board, with the consent of the Minister, declares the amendment or the cancellation to be required on an emergency basis.
- 2015, c. 19, s. 42
Marginal note:Assignment of licences
44 (1) A sale or other disposition by a licensee of any right, title or interest in an appurtenant undertaking constitutes, subject to the authorization of the Board, an assignment of the licence to the person to whom the sale or other disposition is made.
Marginal note:Authorization of assignment
(2) The Board shall, on application, authorize the assignment of a licence if it is satisfied that the assignment and the operation of the appurtenant undertaking would not be likely to result in a contravention of any condition of the licence or any provision of this Part or the regulations.
Marginal note:Licence not otherwise assignable
(3) Except as provided in this section, a licence is not assignable.
Marginal note:Term of licence
45 The term of a licence or any renewal shall not exceed
(a) 25 years, in the case of a type A licence respecting a class of appurtenant undertakings that is prescribed by the regulations or in the case of a type B licence; or
(b) the anticipated duration of the appurtenant undertaking, in the case of a type A licence other than one described in paragraph (a).
- 2002, c. 10, s. 45
- 2015, c. 19, s. 43
Marginal note:Expiry or cancellation
46 The expiry or cancellation of a licence does not relieve the holder from any obligations imposed by the licence.
47 Subject to section 62, where two persons hold licences or other authorizations to use waters issued by any authority responsible for the management of waters in the Northwest Territories or in Nunavut, the person who first applied is entitled to the use of the waters in accordance with that person’s licence or authorization in precedence to the other person.
Applications in Relation to Licences
48 (1) An application in relation to a licence shall contain the information and be in the form required by the rules or by-laws of the Board, and be accompanied by the fees required by the regulations.
Marginal note:Information and studies to be provided to Board
(2) An application, except in relation to a cancellation, shall be accompanied by the information and studies concerning the use of waters or the deposit of waste that are required for the Board to evaluate the qualitative and quantitative effects of the use or the deposit on waters.
Marginal note:Guidelines for applicant
(3) On the filing of an application, the Board may provide guidelines to the applicant respecting the information to be provided by the applicant in respect of any matter that the Board considers relevant, including the following:
(a) the description of the use of waters, deposit of waste or appurtenant undertaking, as the case may be;
(b) the qualitative and quantitative effects of the use of waters or the deposit of waste on the drainage basin where the use is to be undertaken or the deposit is to be made, and the anticipated impact of the use or deposit on other users;
(c) the measures the applicant proposes to take to avoid or mitigate any adverse impact of the use of waters or the deposit of waste;
(d) the measures the applicant proposes to take to compensate persons, including the designated Inuit organization, who are adversely affected by the use of waters or the deposit of waste;
(e) the program the applicant proposes to undertake to monitor the impact of the use of waters or the deposit of waste;
(f) the interests in and rights to lands and waters that the applicant has obtained or seeks to obtain; and
(g) the options available for the use of waters or the deposit of waste.
49 The Board may delegate to its chief administrative officer the power
(a) to issue, amend, renew or cancel a licence in relation to which no public hearing is required; and
(b) to authorize, in accordance with subsection 44(2), the assignment of a licence.
50 In the exercise of its functions in relation to applications, the Board shall accord full standing to the following:
(a) Tunngavik, or any other Organization, within the meaning of section 1.1.1 of the Agreement, designated by Tunngavik, to make representations on behalf of the Inuit of Nunavut;
(b) Makivik to make representations respecting the interests of the Inuit of northern Quebec in relation to islands and marine areas of the Nunavut Settlement Area traditionally used and occupied by those Inuit;
(c) the councils of the Fort Churchill Indian Band and Northlands Indian Band to make representations respecting their interests in relation to the areas that those bands have traditionally used and continue to use; and
(d) the councils of the Black Lake Indian Band, Hatchet Lake Indian Band and Fond du Lac Indian Band to make representations respecting their interests in relation to the areas that those bands have traditionally used and continue to use.
The Board shall take the representations into account.
Marginal note:Applications determined summarily
51 (1) Applications in relation to licences for which no public hearing is required shall be dealt with summarily by the Board.
(2) Notwithstanding subsection (1), the Board may, where satisfied that it would be in the public interest to do so, hold a public hearing in connection with any matter relating to its objects.
Marginal note:Public hearing required
52 (1) Subject to subsection 37(2), a public hearing shall be held by the Board before it disposes of
(a) any application in relation to a licence, unless the application is of a class that is exempted by the regulations from the requirement of a public hearing; and
(b) an application for permission to expropriate under section 77.
(2) A public hearing need not be held
(a) if the applicant or licensee consents in writing to the disposition of a matter without a public hearing, provided that no other person informs the Board by the tenth day before the day of the proposed hearing of the person’s intention to make representations;
(b) before an application is rejected under subsection 38(2); or
(c) in the case of an application for the amendment of a licence where the Board, with the consent of the Minister, declares the amendment to be required on an emergency basis.
Marginal note:Place of hearing
53 A public hearing that is held by the Board shall take place in the community or communities within Nunavut most affected by the application before the Board.
Marginal note:Powers at hearings
54 The Board has, in respect of public hearings, the powers of a commissioner appointed under Part I of the Inquiries Act.
Marginal note:Notice of applications
55 (1) The Board shall give notice of every application in relation to a licence to the council of each municipality in the area affected by the application and shall publish the notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in such other manner as the Board considers appropriate. The notice shall invite interested persons to make representations within a specified period and shall advise them of the consequences, as provided in section 59 and subsection 60(2), of any failure to respond to the notice.
Marginal note:Notice of hearings
(2) Where the Board decides or is required under this Part to hold a public hearing, it shall give notice, in the manner described in subsection (1), at least sixty days before the commencement of the hearing, of the place, date and time of the hearing. The place, date and time of the hearing shall be chosen and the notice published by the Board in a manner that promotes public awareness and participation in that hearing.
Marginal note:Communication of information
(3) Where a public hearing is held in relation to an application, the information provided to the Board in relation to the application shall be made available to the public within a reasonable period of time before the commencement of the hearing.
Marginal note:Where public hearing not held
(4) Where a public hearing is not held in relation to an application, the Board shall not act on the application until at least thirty days after notice of the application has been published under subsection (1) unless, in the opinion of the Board, there are urgent circumstances that justify the Board acting on that application in a shorter period, but that shorter period shall not be less than ten days.
(5) Subsections (1) and (4) do not apply in respect of an application for the amendment of a licence where the Board, with the consent of the Minister, declares the amendment to be required on an emergency basis.
Authority to Act
Marginal note:Authority and validity
55.1 The failure of the Minister or the Board to exercise a power or perform a duty or function within a period provided for under this Part does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise or performance of their powers, duties or functions.
- 2015, c. 19, s. 44
Decisions by Board and Approvals
Marginal note:Type A licence and type B licence if public hearing held
55.2 In the case of an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or in the case where the Board intends to consider, on its own initiative, the amendment of such a licence, the Board, subject to section 55.31, shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 43.1(1).
- 2015, c. 19, s. 44
- Date modified: