Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)
Full Document:
- HTMLFull Document: Nunavut Waters and Nunavut Surface Rights Tribunal Act (Accessibility Buttons available) |
- PDFFull Document: Nunavut Waters and Nunavut Surface Rights Tribunal Act [376 KB]
Assented to 2002-04-30
PART 3TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND COORDINATING AMENDMENTS AND COMING INTO FORCE
Transitional Provisions
Marginal note:Licences
172. (1) This Act does not affect licences for the use of waters or the deposit of waste in Nunavut issued under the Northwest Territories Waters Act that were in force immediately before the day on which this Act is assented to. The licences are deemed to have been issued by the Nunavut Water Board under this Act.
Marginal note:Pending applications
(2) The Nunavut Water Board shall dispose of any application respecting a licence in relation to a use of waters or a deposit of waste to which Part 1 applies that was made to the Northwest Territories Water Board and was pending on July 9, 1996.
Marginal note:Existing regulations
173. (1) Until they have been replaced or repealed under this Act, the regulations and orders made under sections 33 and 34 of the Northwest Territories Waters Act that were in force on July 9, 1996 are binding on the Nunavut Water Board from that date, and continue to apply from that date in Nunavut, except in a national park, and the Board shall exercise the powers of the Northwest Territories Water Board under those regulations and orders in relation to Nunavut.
Marginal note:Instream use
(2) The regulations made under paragraph 33(1)(m) of the Northwest Territories Waters Act are deemed to authorize the unlicensed instream use of waters in Nunavut, except in a national park.
Marginal note:Powers of Board
(3) During the period of one year following the day on which this Act is assented to, the Nunavut Water Board may, by order, provide that any provision of the regulations made under paragraph 33(1)(m) or (n) of the Northwest Territories Waters Act ceases to apply in relation to Nunavut.
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.
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.
R.S., c. O-7; 1992, c. 35, s. 2Canada Oil and Gas Operations Act
Marginal note:1998, c. 5, s. 12
190. Subsection 5.01(2) of the Canada Oil and Gas Operations Act is replaced by the following:
Marginal note:Restriction
(2) Where a person occupies land in an area to which this Act applies under a lawful right or title, other than an authorization under paragraph 5(1)(b) or an interest as defined in section 2 of the Canada Petroleum Resources Act, no person may enter on or use the surface of that land for a purpose mentioned in subsection (1) without the consent of the occupier or, where consent has been refused, except in accordance with the terms and conditions of
(a) in the case of land within Nunavut, a decision of the Nunavut Surface Rights Tribunal made in accordance with the Nunavut Waters and Nunavut Surface Rights Tribunal Act; and
(b) in any other case, a decision of an arbitrator made in accordance with the regulations.
Marginal note:Exception
(3) Subsections (1) and (2) do not apply in respect of Inuit-owned land as defined in subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act.
Page Details
- Date modified: