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

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).

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.

Marginal note:Precedence

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

Marginal note:Requirements

• 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.

Marginal note:Delegation

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.

Procedure

Marginal note:Standing

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.

• Marginal note:Exception

  (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.

• Marginal note:Exception

  (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.

• Marginal note:Exception

  (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.

Time Limits

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.

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).

Marginal note:Day on which application is made

55.3 An application is considered to be made on the day on which the Board is satisfied that the application meets all the requirements under subsections 48(1) and (2).

Calculation of Time Limit

Marginal note:Commencement of time limit

55.31 If the Board is cooperating and coordinating with the Nunavut Planning Commission under subsection 36(2) or with the Nunavut Impact Review Board, a federal environmental assessment panel or a joint panel under subsection 37(1), the time limit referred to in section 55.2 does not begin to run until the Nunavut Planning Commission, Nunavut Impact Review Board, federal environmental assessment panel or joint panel, as the case may be, has completed its screening or review of the project.

Marginal note:Excluded period — information or studies required

55.4 If the Board requires an applicant or a licensee to provide information or studies, the period that, in the Board’s opinion, is taken by the applicant or licensee to comply with that requirement is not included in the calculation of the time limit under section 55.2 or its extension.

Marginal note:Suspension of time limit

55.5 The Board may suspend the time limit referred to in section 55.2 or its extension

• (a) if the Board ceases to process or rejects an application under section 38 or 39, until it resumes processing the application;

• (b) if the Board determines that an applicant is required to pay the compensation referred to in paragraph 58(b) or to enter into a compensation agreement referred to in paragraph 58(c), until the requirements of paragraph 58(b) or (c), as the case may be, are met;

• (c) if the Board determines that an applicant is required to pay the compensation referred to in paragraph 60(1)(a) or to enter into a compensation agreement referred to in paragraph 60(1)(b), until the requirements of paragraph 60(1)(a) or (b), as the case may be, are met;

• (d) if the Board determines that an applicant is required to enter into a compensation agreement referred to in paragraph 63(1)(a) or to pay the compensation referred to in paragraph 63(1)(b), until the requirements of paragraph 63(1)(a) or (b), as the case may be, are met; or

• (e) if the Board receives notice under subsection 78(1) or 79.2(1) of the Mackenzie Valley Resource Management Act, until the requirements of subsection 78(3) or 79.2(3) of that Act, as the case may be, have been met.

Extensions

Marginal note:Extension of time limit by Minister

• 55.6 (1) The Minister may, at the request of the Board, extend the time limit referred to in section 55.2 by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.

• Marginal note:Extension of time limit by Governor in Council

  (2) The Governor in Council may, by order, on the recommendation of the Minister, further extend the time limit any number of times by periods of any length.