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Nunavut Waters and Nunavut Surface Rights Tribunal Act

Version of section 56 from 2002-12-31 to 2016-06-18:

Marginal note:Approval of issuance

  •  (1) The issuance, amendment, renewal and cancellation of a type A licence and, if a public hearing is held, a type B licence are subject to the approval of the Minister.

  • Marginal note:Reasons

    (2) Within 45 days after the Minister receives a licence that has been issued, amended or renewed or a notice of cancellation of a licence, the Minister shall make a decision on whether to approve the issuance, amendment, renewal or cancellation of the licence and, if the decision is not to approve, give written reasons for the decision.

  • Marginal note:Extension

    (2.1) The Minister may extend the 45 days referred to in subsection (2) for a further consecutive forty five days, for a total of 90 days, by notifying the Board of the extension within the first 45 days.

  • Marginal note:Absence of decision

    (2.2) If the Minister does not make a decision within the forty five or ninety days referred to in subsection (2) or (2.1) respectively, whichever is applicable, the Minister is deemed to have approved the issuance, amendment, renewal or cancellation, as the case may be.

  • Marginal note:Limitation

    (3) The disagreement of the Minister with the amount of compensation determined under paragraph 63(1)(b) is not sufficient reason for the Minister to withhold approval in respect of a licence for a use of waters or deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land.

  • Marginal note:Copies of decisions to parties

    (4) The Minister shall send a copy of the Minister’s decision and, in the case of a decision to withhold approval, the reasons for the decision

    • (a) to the Board;

    • (b) to the applicant or licensee;

    • (c) where the affected waters are ones in respect of which section 63 applies, to the designated Inuit organization; and

    • (d) to any other person with a right to compensation under section 58 or 60.

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