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);

  • (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;

  • (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.

• (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.

Marginal note:Obstruction

• 88. (1) No person shall wilfully obstruct or otherwise interfere with an inspector in the carrying out of functions under this Part.

• Marginal note:False statements

  (2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector or other person engaged in carrying out functions under this Part.

Marginal note:Where work closed or abandoned

• 89. (1) Where the Minister believes, on reasonable grounds, that

  • (a) a person has closed or abandoned, temporarily or permanently, a work related to the use of waters or the deposit of waste in Nunavut, except in a national park, and

  • (b) either

    • (i) the person has contravened any condition of a licence or any provision of this Part or the regulations, whether or not the condition or provision relates to the closure or abandonment, or

    • (ii) the past operation of the work or its closure or abandonment may cause a danger to persons, property or the environment,

  the Minister may take any reasonable measures to prevent, counteract, mitigate or remedy any resulting adverse effect on persons, property or the environment 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

  (2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada under subsection (1) 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 who closed or abandoned the work, to the extent that the incurring of those costs resulted from a contravention of a condition or provision referred to in subparagraph (1)(b)(i).

Offences and Punishment

Marginal note:Principal offences

• 90. (1) Any person who contravenes subsection 11(1) or section 12, or fails to comply with subsection 11(3) or with a direction given by an inspector under subsection 87(1), is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both.

• Marginal note:Type A licences

  (2) A licensee holding a type A licence who

  • (a) contravenes any condition of the licence, where the contravention does not constitute an offence under section 91, or

  • (b) fails, without reasonable excuse, to furnish or maintain security as required under subsection 76(1)

  is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both.

• Marginal note:Type B licences

  (3) A licensee holding a type B licence who

  • (a) contravenes any condition of the licence, where the contravention does not constitute an offence under section 91, or

  • (b) fails, without reasonable excuse, to furnish or maintain security as required under subsection 76(1)

  is guilty of an offence and liable on summary conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding six months, or to both.

• Marginal note:Continuing offences

  (4) Where an offence under this section is committed on or continued for more than one day, it is deemed to be a separate offence for each day on which it is committed or continued.

Marginal note:Other offences

91. Any person is guilty of an offence punishable on summary conviction who

• (a) contravenes subsection 86(4) or section 88, or any regulations made under paragraph 82(1)(o), (p) or (q); or

• (b) wilfully obstructs or otherwise interferes with a licensee or any person acting on behalf of a licensee in the exercise of the licensee’s rights under this Part, except as authorized under this or any other Act of Parliament.

Marginal note:Limitation period

92. Proceedings in respect of an offence under this Part may not be instituted later than two years after the time when the subject-matter of the proceedings arose.

Marginal note:Action to enjoin not prejudiced by prosecution

• 93. (1) Notwithstanding that a prosecution has been instituted in respect of an offence under section 90, the Attorney General of Canada may commence and maintain proceedings to enjoin conduct that constitutes an offence under that section.

• Marginal note:Civil remedy not affected

  (2) No civil remedy for any act or omission is affected because the act or omission is an offence under this Part.

Marginal note:Certificate of analyst

• 94. (1) Subject to this section, a certificate purporting to be signed by an analyst, stating that the analyst has analysed or examined a sample submitted by an inspector and giving the results of the analysis or examination,

  • (a) is admissible in evidence in any prosecution under this Part; and

  • (b) in the absence of evidence to the contrary, is proof of its contents without proof of the signature or the official character of the signatory.

• Marginal note:Attendance of analyst

  (2) A party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

• Marginal note:Notice

  (3) No certificate shall be admitted in evidence under subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.

PART 2NUNAVUT SURFACE RIGHTS TRIBUNAL

Interpretation

Marginal note:Definitions

95. The definitions in this section apply in this Part.

“flora”

« espèces végétales »

“flora” means terrestrial and aquatic flora and any of their parts or products. It does not include trees suitable for commercial production of lumber or other building materials except where such trees are required by Inuit for local use, land-based activities or handicraft production.

“harvesting”

« exploitation »

“harvesting” means, in relation to wildlife, reduction into possession and includes hunting, trapping, fishing as defined in section 2 of the Fisheries Act, netting, egging, picking, collecting, gathering, spearing, killing, capturing or taking by any means.

“Tribunal”

« Tribunal »

“Tribunal” means the Nunavut Surface Rights Tribunal established by section 99.

“wildlife”

« ressources fauniques »

“wildlife”

• (a) “wildlife”means terrestrial, aquatic, avian and amphibian fauna in their wild state and any of their parts or products; and

• (b) subject to subsection 152(2), includes flora.