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Nunavut Waters and Nunavut Surface Rights Tribunal Act

Version of section 4 from 2015-07-09 to 2024-05-28:


Marginal note:Definitions

 The definitions in this section apply in this Part.

appurtenant undertaking

appurtenant undertaking means an undertaking in relation to which a use of waters or a deposit of waste is permitted by a licence. (entreprise principale)

Board

Board means the Nunavut Water Board established by section 14. (Office)

domestic purpose

domestic purpose means the use of waters for the following purposes:

  • (a) household requirements, including sanitation and fire prevention;

  • (b) the watering of domestic animals; or

  • (c) the irrigation of a garden that adjoins a dwelling-house and is not ordinarily used in the growth of produce for market. (domestique)

instream use

instream use means a use of waters by a person, other than for a domestic purpose or as described in paragraph (a), (b) or (c) of the definition use, to earn income or for subsistence purposes. (ordinaire)

licence

licence means, unless the context otherwise requires, a type A or type B licence, in accordance with the criteria prescribed by the regulations, issued for the use of waters or the deposit of waste, or both, in Nunavut under section 42. (permis)

licensee

licensee means a person to whom a licence is issued or assigned. (titulaire)

marine area

marine area means any waters, including those that are ice-covered, of the Nunavut Settlement Area, other than inland waters, and the seabed and subsoil below those waters. (zones marines)

national park

national park means a park within the meaning of the Canada National Parks Act, or lands set aside as a reserve for a park under that Act. (parc national)

Nunavut Impact Review Board

Nunavut Impact Review Board means the Nunavut Impact Review Board referred to in section 18 of the Nunavut Planning and Project Assessment Act. (Commission d’examen des projets de développement)

Nunavut Planning Commission

Nunavut Planning Commission means the Nunavut Planning Commission referred to in section 10 of the Nunavut Planning and Project Assessment Act. (Commission d’aménagement)

penalty

penalty means an administrative monetary penalty imposed for a violation. (pénalité)

use

use, in relation to waters, means a direct or indirect use of any kind, including, but not limited to,

  • (a) any use of water power and geothermal resources;

  • (b) any diversion or obstruction of waters;

  • (c) any alteration of the flow of waters; and

  • (d) any alteration of the bed or banks of a river, stream, lake or other body of water, whether or not the body of water is seasonal.

However, it does not include navigation or any other use connected with shipping activities that are governed by the Canada Shipping Act, 2001. (utilisation)

waste

waste means any substance that, by itself or in combination with other substances found in water, would have the effect of altering the quality of any water to which the substance is added to an extent that is detrimental to its use by people or by any animal, fish or plant, or any water that would have that effect because of the quantity or concentration of the substances contained in it or because it has been treated or changed, by heat or other means, and includes

  • (a) any substance or water that, for the purposes of the Canada Water Act, is deemed to be waste;

  • (b) any substance or class of substances specified by the regulations;

  • (c) water containing any substance or class of substances in a quantity or concentration that is equal to or greater than that prescribed by the regulations; and

  • (d) water that has been subjected to a treatment or change described by the regulations. (déchet)

waters

waters means inland waters, whether in a liquid or solid state, on or below the surface of land. (eaux)

  • 2002, c. 10, ss. 4, 200
  • 2013, c. 14, s. 5
  • 2015, c. 19, s. 41

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