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

Decisions

Marginal note:Reasons for decisions

• 79 (1) The Board shall issue, and make available to the public, written reasons for its decisions relating to any licence or application.

• Marginal note:Copies of decisions to parties

  (2) The Board shall send a copy of its decision and the reasons for it

  • (a) to the applicant or licensee;

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

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

Marginal note:Decisions final

80 Except as provided in this Part, every decision of the Board is final.

Marginal note:Appeal to Federal Court

• 81 (1) An appeal may be taken from a decision of the Board to the Federal Court on a question of law, or a question of jurisdiction, on leave being obtained from that Court on application made within forty-five days after the making of that decision or within such further time as that Court or a judge of that Court allows under special circumstances.

• Marginal note:Time limit

  (2) No appeal may be proceeded with unless it is entered in the Federal Court within sixty days after the making of the order granting leave to appeal.

Cost Recovery

Marginal note:Obligation to pay costs

• 81.1 (1) For the Minister to recover costs that are incurred in relation to the consideration of an application for a licence or for the renewal, amendment or cancellation of a licence, the applicant or a licensee shall pay to the Minister

  • (a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Board or of its members;

  • (b) any costs incurred by the Board for services that are prescribed by the regulations and that are provided to it by a third party; and

  • (c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Minister.

• Marginal note:Debt due to Her Majesty

  (2) The amounts and costs that the applicant or a licensee must pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

DIVISION 3General

Regulations and Orders

Marginal note:Regulations

• 82 (1) The Governor in Council may, on the recommendation of the Minister, make regulations

  • (a) establishing water management areas in Nunavut consisting of river basins or other geographical areas;

  • (b) for the purposes of paragraphs (b) to (d) of the definition waste in section 4,

    • (i) specifying substances and classes of substances,

    • (ii) prescribing quantities or concentrations of substances and classes of substances, and

    • (iii) describing treatments of or changes to water;

  • (c) authorizing the use without a licence of waters in Nunavut, except in a national park, for the purpose, in the quantity, at the rate, during the period and subject to the conditions specified in the regulations;

  • (d) authorizing the deposit of waste without a licence in Nunavut, except in a national park, and specifying the conditions of the deposit, including the quantities, concentration and types of waste that may be deposited;

  • (e) prescribing the manner in which a report under subsection 12(3) is to be made;

  • (f) on the advice of the Board or after consultation with the Board, exempting any class of applications in relation to licences from the requirement of a public hearing;

  • (g) prescribing the criteria to be applied by the Board in determining, on an application for a licence, whether the proposed use of waters or deposit of waste requires a type A or a type B licence;

  • (h) prescribing what constitutes a material conflict of interest for the purpose of subsection 23(1);

  • (h.1) prescribing classes of appurtenant undertakings for the purposes of a type A licence described in paragraph 45(a);

  • (i) in relation to the security referred to in subsection 76(1),

    • (i) prescribing the form and nature of the security and the terms and conditions on which it is to be furnished and maintained, and

    • (ii) prescribing the amount of the security or the manner of determining the amount of the security or authorizing the Board to fix that amount in accordance with the regulations;

  • (j) prescribing water quality standards in Nunavut, except in a national park;

  • (k) prescribing effluent standards in Nunavut, except in a national park;

  • (l) prescribing standards for the design, construction, operation and maintenance of works used in relation to appurtenant undertakings;

  • (m) prescribing the fees to be paid

    • (i) for the right to use waters or deposit waste in waters under a licence,

    • (ii) for the filing of any application with the Board, and

    • (iii) for inspection of the register maintained under section 78;

  • (n) prescribing the times at which and the manner in which the fees prescribed under paragraph (m) shall be paid;

  • (o) requiring persons who use waters or deposit waste in waters in Nunavut, except in a national park, to maintain books and records for the proper enforcement of this Part, and to submit to the Board, on a monthly, quarterly, semi-annual or annual basis, reports containing specified information on any of their operations;

  • (p) requiring persons who deposit waste in waters in Nunavut, except in a national park, to submit representative samples of the waste to the Board for analysis or to analyse representative samples and submit the results to the Board;

  • (q) respecting the taking of representative samples of waters or waste and respecting the method of analysing those samples;

  • (r) prescribing the form of the register to be maintained under section 78 and the information to be entered in it;

  • (r.1) respecting the recovery of amounts and costs for the purposes of section 81.1, including prescribing amounts and services for the purposes of that section and exempting any class of applicants or licensees from the application of that section;

  • (s) respecting the duties of persons designated as analysts under section 85; and

  • (t) generally, for carrying out the purposes and provisions of this Part.

• Marginal note:Concurrence of Board

  (2) For the purposes of paragraphs (1)(a), (c) and (d), the recommendation of the Minister is subject to the concurrence of the Board.

• Marginal note:Consultation with the Board

  (3) For the purposes of paragraph (1)(b), the recommendation of the Minister shall be made after consultation with the Board.

• Marginal note:Variation in regulations

  (4) Regulations made under subsection (1) may vary, among water management areas established under paragraph (1)(a), according to the use of waters, the purpose of that use and the quantity and rate of flow of waters used, and the quantities, concentrations and types of waste deposited or any other criteria.

Marginal note:Reservation of water rights

• 83 (1) The Governor in Council may, by order, direct the Board not to issue licences permitting the use of, or the deposit of waste directly or indirectly into, any waters specified in the order, or may prohibit a use of waters or a deposit of waste that would otherwise be authorized under paragraph 82(1)(c) or (d)

  • (a) in order to enable comprehensive evaluation and planning to be carried out with respect to those waters, including planning by the Nunavut Planning Commission; or

  • (b) where the use of those waters or the maintenance of their quality is required in connection with an undertaking that is, in the opinion of the Governor in Council, in the public interest.

• Marginal note:Licences of no effect

  (2) A licence issued in contravention of an order made under subsection (1) is of no force or effect.

Marginal note:Recommendations to Minister

84 The Board may, and at the request of the Minister shall, make such recommendations to the Minister as it considers appropriate concerning any matter in respect of which the Governor in Council is authorized by section 82 or 83 to make regulations or orders.

Enforcement

Marginal note:Inspectors and analysts

• 85 (1) The Minister may designate any qualified person as an inspector or analyst for the purposes of this Part.

• Marginal note:Certificate to be produced

  (2) The Minister shall furnish every inspector with a certificate of designation as an inspector, and an inspector shall, if so requested, produce the certificate to the person in charge of any place entered by the inspector.

Marginal note:Powers of inspection

• 86 (1) For the purpose of ensuring compliance with this Part, the regulations or a licence, an inspector may, subject to subsection (3), at any reasonable time,

  • (a) enter any place in Nunavut in which the inspector believes, on reasonable grounds,

    • (i) a work is being constructed that, on completion, will form part of an appurtenant undertaking, or

    • (ii) any alteration or extension is being carried out on a work that forms part of an appurtenant undertaking;

  • (b) conduct such inspections of a work described in paragraph (a) as the inspector considers necessary in order to determine

    • (i) whether plans and specifications forming part of an application for a licence, filed with the Board by the person constructing the work, are being complied with, or

    • (ii) whether the alteration or extension of the work is likely to result in a contravention of any condition of a licence; and

  • (c) enter any place in Nunavut, except in a national park, in which the inspector believes, on reasonable grounds, that

    • (i) waters are being used,

    • (ii) there is being or has been carried out any process that may produce or has produced waste, or

    • (iii) there is any waste that may be added to waters,

    and, in that place, examine any works, waters or waste, open any container that the inspector believes, on reasonable grounds, contains any waters or waste, and take samples of any such waters or waste.

• Marginal note:Books, records or documents

  (2) An inspector who enters any place under subsection (1) may examine and copy any books, records or documents in that place that the inspector believes, on reasonable grounds, contain any information relating to the object of the inspection or examination under that subsection.

• Marginal note:Exception for dwelling-place

  (3) An inspector may not enter a place that is designed to be used and is being used as a permanent or temporary private dwelling-place.

• Marginal note:Assistance to inspectors

  (4) The owner or person in charge of any place referred to in this section and every person found in the place shall give an inspector all reasonable assistance to enable the inspector to carry out the inspector’s functions under this Part, and shall furnish the inspector with such information for purposes of the administration of this Part as the inspector may reasonably request.

Marginal note:Remedial measures

• 87 (1) An inspector may direct any person to take such reasonable measures as the inspector may specify, including the cessation of an activity, to prevent the use of waters or the deposit of waste or the failure of a work related to the use of waters or the deposit of waste, or to counteract, mitigate or remedy the resulting adverse effects, where the inspector believes, on reasonable grounds,

  • (a) that

    • (i) waters have been or may be used in contravention of subsection 11(1) or of a condition of a licence,

    • (ii) waste has been or may be deposited in contravention of subsection 12(1) or of a condition of a licence, or

    • (iii) there has been, or may be, a failure of a work related to the use of waters or the deposit of waste, whether or not there has been compliance with any standards prescribed by the regulations or imposed by a licence; and

  • (b) that the adverse effects of that use, deposit or failure are causing, or may cause, a danger to persons, property or the environment.

• Marginal note:Report to Minister

  (2) The inspector shall advise the Minister and the Board of any direction given under subsection (1).

• Marginal note:Review by Minister

  (3) Where an inspector gives a direction to a person under subsection (1), the Minister may, and if so requested by the person shall, review the direction without delay, and after completion of the review may alter or revoke the direction.

• Marginal note:Powers of inspector

  (4) Where a person fails to comply with a direction given under subsection (1), the inspector may take the measures referred to in that subsection and may, for that purpose, enter any place in Nunavut, other than a place that is designed to be used and is being used as a permanent or temporary private dwelling-place.

• Marginal note:Recovery of Her Majesty’s costs

  (5) Any portion of the reasonable costs incurred by Her Majesty in right of Canada under subsection (4) that is not recoverable from the security furnished and maintained under section 76 may be recovered as a debt due to Her Majesty from the person to whom the direction was given.