Nunavut Waters and Nunavut Surface Rights Tribunal Act

Marginal note:Restriction on powers: non-conformity with plan

• 38 (1) The Board may not issue, amend or renew a licence to use waters or deposit waste if there is an applicable land use plan approved in accordance with Part 5 of Article 11 of the Agreement unless the Nunavut Planning Commission, in accordance with section 11.5.10 of the Agreement,

  • (a) has determined that the use or deposit, or in the case of an amendment any change to the use or deposit, conforms to the land use plan; or

  • (b) has approved a variance in respect of the use, deposit or change.

• Marginal note:Mandatory rejection of application

  (2) The Board shall reject an application in relation to a licence where the Nunavut Planning Commission has informed the Board that the use, deposit or change to which the application relates does not conform to the land use plan and that the Commission will not be approving a variance.

• Marginal note:Effect of rejection

  (3) If the Board rejects an application under subsection (2),

  • (a) the Board shall not take any further action in respect of that application, including any action referred to in subsection 48(3), section 51 or subsection 52(1) or 55(1); and

  • (b) the applicant may, within one year after the date of the rejection, request an exemption in accordance with section 11.5.11 of the Agreement.

• Marginal note:Reconsideration of application

  (4) If an exemption referred to in paragraph (3)(b) is obtained, subsection (1) and paragraph (3)(a) no longer apply and the Board shall resume processing the application.

• Marginal note:Date of application

  (5) For the purposes of section 47, the date of an application that has been resumed under subsection (4) is the date on which the application was first made.