Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)
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Assented to 2002-04-30
Nunavut Waters and Nunavut Surface Rights Tribunal Act
S.C. 2002, c. 10
Assented to 2002-04-30
An Act respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal and to make consequential amendments to other Acts
SUMMARY
This enactment implements obligations under the Agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada. The Agreement came into effect on July 9, 1993 by virtue of the Nunavut Land Claims Agreement Act.
Part 1 of the enactment implements provisions of the Agreement related to management of waters. It establishes an institution of public government, the Nunavut Water Board. The members of the Board are appointed by the Minister of Indian Affairs and Northern Development.
The Nunavut Water Board has powers similar to those of the Northwest Territories Water Board under the Northwest Territories Waters Act. The Board’s primary function is to license uses of water and deposits of waste. The Board is required, in the exercise of that licensing power, to consider any detrimental effects of a potential use of waters or a deposit of waste on other water users and is to hold, where appropriate, public hearings.
Part 1 reproduces specific requirements of the Agreement. The main requirement is that the Board is prohibited from issuing, renewing or amending a licence if there may be a substantial effect on the quality, quantity or rate of flow of waters through Inuit-owned land unless the applicant has entered into an agreement with the Inuit to compensate for any loss or damage or the Board has determined the appropriate compensation.
The Nunavut Water Board is required to cooperate with the Nunavut Planning Commission to develop land use plans that affect water, and with the Nunavut Impact Review Board to assess environmental and socio-economic impacts of water-related project proposals.
In Part 2 of the enactment, the Government of Canada implements the obligation it has undertaken in the Agreement to establish the Nunavut Surface Rights Tribunal as an independent body. The Agreement grants the Inuit ownership of certain lands in Nunavut, and certain rights respecting the compensation for harvesting of wildlife resources.
The Tribunal is an institution of public government composed of up to eleven members appointed by the Minister of Indian Affairs and Northern Development. The Tribunal has the power to make orders establishing conditions for access to Inuit-owned land, privately owned land and privately occupied Crown land. In the case of loss suffered by Inuit in respect of wildlife harvesting due to development activity, the Tribunal has the power to determine the liability of the developer for compensation.
Preamble
WHEREAS Her Majesty the Queen in right of Canada and the Inuit of the Nunavut Settlement Area have entered into a land claims agreement that was ratified by Her Majesty when it was signed on Her behalf and when the Nunavut Land Claims Agreement Act came into force and by the Inuit when it was signed on their behalf following a ratification vote;
WHEREAS the agreement came into force on July 9, 1993 on its ratification by both parties;
AND WHEREAS the Government of Canada has undertaken in the agreement to establish the Nunavut Water Board and the Nunavut Surface Rights Tribunal as institutions of public government and to set out by statute all of their substantive powers, functions, objectives and duties;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Nunavut Waters and Nunavut Surface Rights Tribunal Act.
INTERPRETATION
Marginal note:Definitions
2. (1) The definitions in this subsection apply in this Act.
“Agreement”
« Accord »
“Agreement” means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada that was ratified, given effect and declared valid by the Nunavut Land Claims Agreement Act, which came into force on July 9, 1993, and includes any amendments to that agreement made under the agreement.
“carving stone”
« pierre à sculpter »
“carving stone” means serpentinite, argillite or soapstone that is suitable for carving.
“designated Inuit organization”
« organisation inuit désignée »
“designated Inuit organization” means
(a) except in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement,
(i) Tunngavik, or
(ii) in respect of a provision of this Act referred to in Schedule 1, any organization designated in the public record maintained by Tunngavik under the Agreement as being responsible for any function under the corresponding provision or provisions of the Agreement referred to in that Schedule; or
(b) in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, Makivik acting jointly with the organization determined under paragraph (a).
“Inuit”
« Inuit »
“Inuit” means those persons enrolled from time to time under the terms of Article 35 of the Agreement and includes, in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, the Inuit of northern Quebec.
“Inuit of northern Quebec”
« Inuit du Nord québécois »
“Inuit of northern Quebec” means the Inuit of northern Quebec within the meaning of the James Bay and Northern Quebec Agreement that was approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32.
“Inuit-owned land”
« terre inuit »
“Inuit-owned land” means any land that has the status of Inuit Owned Land under the Agreement, and includes the jointly owned lands referred to in section 40.2.8 of the Agreement.
“Inuktitut”
« inuktitut »
“Inuktitut” means the Inuktitut language and includes Inuinaqtuun.
“Makivik”
« Makivik »
“Makivik” means the corporation established by An Act respecting the Makivik Corporation, R.S.Q., c. S-18.1, and representing the Inuit of northern Quebec.
“mineral right”
« droit minier »
“mineral right” means a right to explore for, develop, produce or transport minerals, other than specified substances.
“minerals”
« minéraux »
“minerals” means precious and base metals and other non-living, naturally occurring substances, whether solid, liquid or gaseous, and includes coal, oil and gas, but does not include water.
“Minister”
« ministre »
“Minister” means the Minister of Indian Affairs and Northern Development.
“specified substances”
« matières spécifiées »
“specified substances” means construction stone, sand, gravel, limestone, marble, gypsum, shale, clay, volcanic ash, earth, soil, diatomaceous earth, ochre, marl, peat and carving stone.
“Tunngavik”
« Tunngavik »
“Tunngavik” means Nunavut Tunngavik Incorporated, a corporation without share capital incorporated under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, and any successor to that corporation.
Meaning of “Nunavut Settlement Area”
(2) In this Act, “Nunavut Settlement Area” has the meaning assigned to that expression by section 3.1.1 of the Agreement.
PRECEDENCE
Marginal note:Inconsistency with Agreement
3. (1) Where there is any inconsistency or conflict between the Agreement and this Act, the Agreement prevails to the extent of the inconsistency or conflict.
Marginal note:Inconsistency with other Acts
(2) Where there is any inconsistency or conflict between this Act and any other Act of Parliament, except the Nunavut Land Claims Agreement Act, this Act prevails to the extent of the inconsistency or conflict.
PART 1NUNAVUT WATERS
Interpretation
Marginal note:Definitions
4. The definitions in this section apply in this Part.
“appurtenant undertaking”
« entreprise principale »
“appurtenant undertaking” means an undertaking in relation to which a use of waters or a deposit of waste is permitted by a licence.
“Board”
« Office »
“Board” means the Nunavut Water Board established by section 14.
“domestic purpose”
« domestique »
“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.
“instream use”
« ordinaire »
“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.
“licence”
« permis »
“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.
“licensee”
« titulaire »
“licensee” means a person to whom a licence is issued or assigned.
“marine area”
« zones marines »
“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.
“national park”
« parc national »
“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.
“Nunavut Impact Review Board”
« Commission d’examen des projets de développement »
“Nunavut Impact Review Board” means the Nunavut Impact Review Board referred to in section 12.2.1 of the Agreement.
“Nunavut Planning Commission”
« Commission d’aménagement »
“Nunavut Planning Commission” means the Nunavut Planning Commission referred to in section 11.4.1 of the Agreement.
“use”
« utilisation »
“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.
“waste”
« déchet »
“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.
“waters”
« eaux »
“waters” means, except for the purposes of subsection 41(2), inland waters, whether in a liquid or solid state, on or below the surface of land.
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