Northwest Territories Devolution Act (S.C. 2014, c. 2)

• 146. (1) Subsection 72.03(1) of the Act is replaced by the following:

  Marginal note:Issuance

  • 72.03 (1) Subject to this section, the Board may issue, in accordance with the criteria set out in the regulations made under paragraph 90.3(1)(c), type A licences and type B licences permitting the applicant for the licence, on payment of the fees prescribed by regulations made under paragraph 90.3(1)(k), at the times and in the manner prescribed by any applicable regulations made under subparagraph 90.3(1)(l) or, in the absence of such regulations, at the times and in the manner set out in the licence, to use waters or deposit waste, or both, in a federal area in connection with the operation of an appurtenant undertaking and in accordance with the conditions specified in the licence.

• (2) Subsections 72.03(3) and (4) of the Act are replaced by the following:

  • Marginal note:Specific uses

    (3) The Board shall not issue a licence in respect of a use of waters referred to in subsection 72(2).

  • Marginal note:Refusal to issue

    (4) The Board shall not refuse to issue a licence merely because the use of waters or deposit of waste in respect of which the application for the licence is made is already authorized by regulations made under paragraph 90.3(1)(m) or (n).

• (3) The portion of subsection 72.03(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Conditions for issue

    (5) The Board shall not issue a licence in respect of a federal area unless the applicant satisfies the Board that

• (4) The portion of paragraph 72.03(5)(b) of the Act before subparagraph (i) is replaced by the following:

  • (b) compensation that the Board considers appropriate has been or will be paid by the applicant to any other applicant who is described in clause (a)(i)(B) but to whom paragraph (a) does not apply, and to any of the following who were licensees, users, depositors, owners, occupiers or holders, whether in or outside the federal area to which the application relates, at the time when the applicant filed an application with the Board in accordance with the regulations made under paragraphs 90.3(1)(d) and (e), who would be adversely affected by the use of waters or the deposit of waste proposed by the applicant, and who have notified the Board within the time period stipulated in the notice of the application given under subsection 72.16(1):

• (5) Subparagraphs 72.03(5)(c)(i) and (ii) of the Act are replaced by the following:

  • (i) water quality standards prescribed by regulations made under paragraph 90.3(1)(h) or, in the absence of such regulations, any water quality standards that the Board considers acceptable, and

  • (ii) effluent standards prescribed by regulations made under paragraph 90.3(1)(i) or, in the absence of such regulations, any effluent standards that the Board considers acceptable; and

• (6) The portion of subsection 72.03(6) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Factors in determining compensation

    (6) In determining the compensation that is appropriate for the purpose of paragraph (5)(b), the Board shall consider all relevant factors, including

• 147. (1) The portion of subsection 72.04(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Conditions

  • 72.04 (1) Subject to this Act and its regulations, the Board may include in a licence in respect of a federal area any conditions that it considers appropriate, including conditions

• (2) The portion of subsection 72.04(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Board to minimize adverse effects

    (2) In fixing the conditions of a licence, the Board shall make all reasonable efforts to minimize any adverse effects of the issuance of the licence on any of the following who would be adversely affected by the use of waters or deposit of waste proposed by the applicant, and who have notified the Board within the time period stipulated in the notice of the application given under subsection 72.16(1), whether they are in or outside the federal area to which the application relates, at the time when the Board is considering the fixing of those conditions:

• (3) Subsections 72.04(3) to (5) of the English version of the Act are replaced by the following:

  • Marginal note:Conditions relating to waste

    (3) If the Board issues a licence in respect of a federal area whose waters form part of a water quality management area designated under the Canada Water Act, it is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of the regulations made under paragraph 18(2)(a) of that Act with respect to those waters.

  • Marginal note:Non-application of regulations under Canada Water Act

    (4) If the Board issues a licence in respect of a federal area whose waters do not form part of a water quality management area designated under the Canada Water Act,

    • (a) if any regulations made under paragraph 90.3(1)(h) are in force for those waters, the Board is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are not based on the water quality standards prescribed for those waters by those regulations; and

    • (b) if any regulations made under paragraph 90.3(1)(i) are in force for those waters, the Board is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the effluent standards prescribed in relation to those waters by those regulations.

  • Marginal note:Application of Fisheries Act

    (5) If the Board issues a licence in respect of a federal area whose waters do not form part of a water quality management area designated under the Canada Water Act, and to which any regulations made under subsection 36(5) of the Fisheries Act apply, it is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of those regulations that relate to the deposit of deleterious substances as defined in subsection 34(1) of that Act.

• 148. (1) The portion of subsection 72.05(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Inuit-owned land

  • 72.05 (1) The Board shall not issue a licence in respect of a use of waters or a deposit of waste in a federal area that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, unless

• (2) Subparagraph 72.05(1)(b)(i) of the Act is replaced by the following:

  • (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

• (3) Subparagraph 72.05(1)(b)(ii) of the English version of the Act is replaced by the following:

  • (ii) if the Board and the Nunavut Water Board are unable to jointly determine compensation, a judge of the Nunavut Court of Justice has determined the compensation.

149. Section 72.06 of the Act is replaced by the following:

150. Subsection 72.1(2) of the Act is replaced by the following:

151. Subsection 72.11(1) of the Act is replaced by the following:

• 152. (1) The portion of subsection 72.12(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Renewal, amendment and cancellation

  • 72.12 (1) Subject to subsections (2) and (3), the Board may

• (2) The portion of paragraph 72.12(1)(a) of the English version of the Act before subparagraph (i) is replaced by the following:

  • (a) renew a licence, if the licensee applies for its renewal or if the renewal appears to the Board to be in the public interest, with or without changes to its conditions, for a term

• (3) Subparagraph 72.12(1)(b)(iii) of the English version of the Act is replaced by the following:

  • (iii) in any other case, if the amendment appears to the Board to be in the public interest; and

• (4) Subparagraph 72.12(1)(c)(iii) of the English version of the Act is replaced by the following:

  • (iii) in any other case, if the cancellation appears to the Board to be in the public interest.

153. Section 72.13 of the Act is replaced by the following: