Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)
Full Document:
Assented to 2002-04-30
185. Paragraph 15(2)(c) of the French version of the Act is replaced by the following:
c) les usagers ordinaires;
186. The Act is amended by adding the following after section 15:
Marginal note:Inuit-owned land
15.1 (1) The Board shall not issue a licence in respect of a use of waters or a deposit of waste that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, unless
(a) the applicant has entered into an agreement with the designated Inuit organization to pay compensation for any loss or damage that may be caused by the alteration; or
(b) where there is no agreement referred to in paragraph (a),
(i) on the request of the applicant or the designated Inuit organization, the Board has made a joint determination of the appropriate compensation with the Nunavut Water Board, or
(ii) where the Board and the Nunavut Water Board are unable to jointly determine compensation under subparagraph (i), a judge of the Nunavut Court of Justice has determined the compensation.
Marginal note:Payment of compensation
(2) The payment of compensation referred to in paragraph (1)(b) shall be a condition of the licence.
Marginal note:Costs
(3) Unless otherwise determined by the Nunavut Water Board, costs incurred by the designated Inuit organization as a result of a request referred to in subparagraph (1)(b)(i) shall be paid by the applicant.
Marginal note:Negotiation to be in good faith
15.2 A request referred to in subparagraph 15.1(1)(b)(i) shall not be considered by the Board unless the requester has negotiated in good faith and has been unable to reach an agreement.
Marginal note:Factors in determining compensation
15.3 For the purpose of determining compensation under paragraph 15.1(1)(b), the following factors shall be taken into account:
(a) the adverse effects of the alteration of the quality, quantity or flow of waters on Inuit-owned land;
(b) the nuisance, inconvenience or disturbance, including noise, caused by the alteration;
(c) the cumulative adverse effects of the alteration and of any existing uses of waters and deposits of waste;
(d) the cultural attachment of Inuit to the affected Inuit-owned land, including waters;
(e) the peculiar and special value of the affected Inuit-owned land, including waters; and
(f) any interference with Inuit rights derived from the Agreement or otherwise.
Marginal note:Periodic review and payment
15.4 Unless otherwise agreed by the designated Inuit organization and the applicant, where a determination of compensation has been made under paragraph 15.1(1)(b), that determination shall provide, having due regard to the nature and duration of the use of waters or deposit of waste, for the periodic review and periodic payment of that compensation.
Marginal note:Interpretation
15.5 (1) In this section and sections 15.1 to 15.4,
(a) “Agreement”, “Inuit”, “Inuit-owned land”, “Makivik” and “Tunngavik” have the meanings assigned by subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act; and
(b) “designated Inuit organization” means
(i) except in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement,
(A) Tunngavik, or
(B) any organization designated in the public record maintained by Tunngavik under the Agreement as being responsible for the functions described under sections 20.3.1 and 20.4.1 of the Agreement, or
(ii) 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 subparagraph (i).
Marginal note:Interpretation
(2) For greater certainty, sections 15.1 to 15.4 apply where a body of water delineates a boundary between Inuit-owned land and other land and that body of water is not located entirely on Inuit-owned land.
Marginal note:Gwich’in and Sahtu lands
15.6 Where the Board has been notified under subsection 78(1) of the Mackenzie Valley Resource Management Act, it may not issue a licence for a use of waters or deposit of waste referred to in that subsection unless the requirements of subsection 78(3) of that Act are satisfied.
187. Paragraph 21(1)(b) of the French version of the Act is replaced by the following:
b) la modification d’un permis de type A qui n’aurait pas de répercussions sur l’utilisation, le cours ou la qualité de l’eau ou sur la durée du permis;
188. Section 29 of the Act is replaced by the following:
Marginal note:Precedence
29. (1) Where two persons have 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.
Marginal note:Amendments to a licence or authorization
(2) Subsection (1) applies, with such modifications as circumstances require, in respect of any rights a person acquires through an amendment to that person’s licence or authorization.
Marginal note:Renewal or assignment of a licence or authorization
(3) Subject to subsection (2), a licence or authorization that has been renewed or assigned shall, for the purposes of this section, be deemed to be a continuation of the original licence or authorization.
Marginal note:1996, c. 10, s. 248(2)
189. (1) Subsection 31(2) of the French version of the Act is replaced by the following:
Marginal note:Avis au ministre compétent
(2) Dans le cas où le ministre accorde l’autorisation, le demandeur ou le titulaire de permis en avise le ministre compétent aux fins de la partie I de la Loi sur l’expropriation.
Marginal note:1996, c. 10, s. 248(2)
(2) Subsection 31(3.4) of the Act is replaced by the following:
Marginal note:Mitigation of damages — enforcement of undertaking
(3.4) Where the applicant or licensee, in mitigation of any injury or damage caused or likely to be caused to lands by an expropriation, undertakes
(a) to abandon or grant, to the owner of the lands or a person interested in the lands, any portion of its lands or of the land being taken or any easement, servitude or privilege over or in respect of the lands, and
(b) to construct and maintain any work for the benefit of the owner or interested person,
and the owner or interested person accepts the undertaking, the undertaking is deemed to be an undertaking referred to in paragraph 28(1)(b) of the Expropriation Act, and it may be enforced by the Board as if it were a condition of the licensee’s licence.
- Date modified: