Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)
Full Document:
Assented to 2002-04-30
Marginal note:Applications not requiring public hearings
174. (1) The regulations made under paragraph 33(1)(c) of the Northwest Territories Waters Act are deemed, in relation to the use of waters or the deposit of waste in Nunavut, to prescribe, as classes of applications that are exempted from the requirement of a public hearing, the classes of applications in relation to the following:
(a) in the case of a Type A licence,
(i) any amendment that does not affect the use, flow or quality of waters or alter the term of the licence,
(ii) any amendment that affects the use, flow or quality of waters or alters the term of the licence, where the Nunavut Water Board, with the consent of the Minister, is of the opinion that an emergency exists that requires the amendment, or
(iii) one or several renewals of a total duration not exceeding sixty days; and
(b) in the case of a Type B licence, its issuance, amendment, renewal or cancellation.
Marginal note:Consultation
(2) Within one year after the day on which this Act is assented to, the Minister shall, unless regulations have been made under paragraph 82(1)(f) before that time to replace the regulations referred to in subsection (1), consult the Board on the application of subsection (1).
Marginal note:Continuation of Nunavut Surface Rights Tribunal
175. The Tribunal established by section 99 and the Nunavut Surface Rights Tribunal established under the Agreement before this Act is assented to are hereby declared for all purposes to be one and the same body.
Consequential Amendments
R.S., c. A-1Access to Information Act
176. Schedule I to the Access to Information Act is amended by adding, in alphabetical order under the heading “Other Government Institutions”, the following:
Nunavut Surface Rights Tribunal
Tribunal des droits de surface du Nunavut
Nunavut Water Board
Office des eaux du Nunavut
R.S., c. A-12Arctic Waters Pollution Prevention Act
Marginal note:1992, c. 40, s. 49
177. The definition “analyst” in section 2 of the Arctic Waters Pollution Prevention Act is replaced by the following:
“analyst”
« analyste »
“analyst” means a person designated as an analyst under the Canada Water Act, the Yukon Waters Act, the Northwest Territories Waters Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act;
1998, c. 25Mackenzie Valley Resource Management Act
178. Section 60 of the Mackenzie Valley Resource Management Act is amended by adding the following after subsection (3):
Marginal note:Inuit-owned lands
(3.1) Sections 15.1 to 15.5 of the Northwest Territories Water Act apply to the board in relation to Inuit-owned lands referred to in those sections, even though those lands are outside the Mackenzie Valley.
1988, c. 12Northern Canada Power Commission (Share Issuance and Sale Authorization) Act
Marginal note:1992, c. 39, s. 49(1)
179. Section 12 of the Northern Canada Power Commission (Share Issuance and Sale Authorization) Act is replaced by the following:
Marginal note:Exemption from fees
12. The Minister may, with the approval of the Governor in Council, make an order exempting the Corporation from the requirement to pay fees for the right to use waters or deposit waste under a licence under the Northwest Territories Waters Act or Part 1 of the Nunavut Waters and Nunavut Surface Rights Tribunal Act.
1992, c. 39Northwest Territories Waters Act
180. (1) The definition “usager particulier” in section 2 of the French version of the Northwest Territories Waters Act is repealed.
(2) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:
« usager ordinaire »
“instream user”
usager ordinaire La personne qui utilise les eaux pour subvenir à ses besoins ou se constituer un revenu, sans toutefois les détourner, les obstruer ni modifier leur cours, leurs rives ou leur lit.
181. The Act is amended by adding the following after section 7:
Marginal note:Other water authorities
7.1 Where the use of waters or the deposit of waste that is the subject of an application to the Board would have a significant impact on a use of waters or a deposit of waste in an area for which another body is exercising powers of water management, the Board may collaborate with that body.
182. Paragraph 8(2)(b) of the French version of the Act is replaced by the following:
b) par un usager ordinaire;
183. Section 12 of the Act is replaced by the following:
Marginal note:Objects
12. The objects of the Board are to provide for the conservation, development and utilization of waters in a manner that will provide the optimum benefit for all Canadians in general and, in particular, for the residents of any part of the Northwest Territories for which the Board is authorized to issue licences.
184. (1) Clause 14(4)(a)(i)(A) of the Act is replaced by the following:
(A) by any existing licensee who holds a licence issued under this Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act, or
(2) Subparagraph 14(4)(b)(i) of the Act is replaced by the following:
(i) any licensee who holds a licence issued under this Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act and to whom paragraph (a) does not apply,
(3) Subparagraph 14(4)(b)(iii) of the French version of the Act is replaced by the following:
(iii) des usagers ordinaires,
(4) Paragraph 14(4)(b) of the Act is amended by adding the following after subparagraph (v):
(v.1) persons referred to in paragraph 61(d) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act,
Marginal note:1998, c. 25, s. 166
(5) Paragraph 14(4)(b.1) of the Act is repealed.
- Date modified: