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Nunavut Waters Regulations (SOR/2013-69)

Regulations are current to 2022-08-08

Nunavut Waters Regulations

SOR/2013-69

NUNAVUT LAND CLAIMS AGREEMENT ACT

NUNAVUT WATERS AND NUNAVUT SURFACE RIGHTS TRIBUNAL ACT

Registration 2013-04-18

Nunavut Waters Regulations

P.C. 2013-375 2013-04-18

Whereas the Minister of Indian Affairs and Northern Development has consulted with the Nunavut Water Board in accordance with paragraph 82(1)(f) of the Nunavut Waters and Nunavut Surface Rights Tribunal ActFootnote a;

And whereas that Board has concurred with that Minister’s recommendation in accordance with subsection 82(2) of that Act;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 82 of that Act and section 8 of the Nunavut Land Claims Agreement ActFootnote b, makes the annexed Nunavut Waters Regulations.

Interpretation

 The following definitions apply in these Regulations.

Act

Act means the Nunavut Waters and Nunavut Surface Rights Tribunal Act. (Loi)

undertaking

undertaking means an appurtenant undertaking, or an undertaking in relation to a use of waters or deposit of waste for which a licence is not required, of a type set out in Schedule 1. (entreprise)

Nunavut Land Claims Agreement

 For greater certainty,

  • (a) the issuance by the Board of a type A or B licence, or the approval by the Board of an application for a use of waters or deposit of waste without a licence, constitutes an approval by the Board for the purposes of section 13.7.1 of the Agreement; and

  • (b) a use of waters or a deposit of waste without a licence that is described in section 4 or 5 is not authorized by these Regulations unless the Board has approved the use or deposit.

Application for Approval of Use of Waters or Deposit of Waste Without a Licence

 An application for the approval of a use of waters or deposit of waste without a licence must be submitted to the Board and contain the following information:

  • (a) the applicant’s name, postal address and telephone number and their fax number and electronic mail address, if any;

  • (b) the name of the owner of any land that will be used in relation to the waters to be used or the waste to be deposited;

  • (c) the type of undertaking in respect of which waters will be used or waste will be deposited;

  • (d) the equipment that will be used in using the waters or depositing the waste;

  • (e) the location of the undertaking, including its geographical coordinates, if known, and the water management area in which the undertaking is located;

  • (f) in the case of an application for a use of waters,

    • (i) the purpose for which the waters will be used,

    • (ii) the quantity of water, in cubic metres, that will be used per day,

    • (iii) whether the use of the waters will involve watercourse crossing or training, and

    • (iv) the period or periods during which the waters will be used; and

  • (g) in the case of an application for a deposit of waste,

    • (i) the type of waste to be deposited,

    • (ii) the quantity of waste, in cubic metres, that will be deposited per day,

    • (iii) where the waste will be deposited,

    • (iv) any measures that will be taken to avoid or mitigate any adverse impacts, and

    • (v) the period or periods during which the waste will be deposited.

Use of Waters Without a Licence

  •  (1) For the purposes of paragraph 11(2)(a) of the Act, a licence is not required for a use of waters that

    • (a) is of a type set out in column 2 of Schedule 2 that satisfies a criterion set out in column 3 in respect of an undertaking set out in column 1;

    • (b) would not substantially affect the quality, quantity or flow of the waters;

    • (c) would not substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land; and

    • (d) would not adversely affect the use of waters by a person who would be entitled to compensation under section 58 or 60 of the Act if their use of those waters were to be adversely affected by an applicant for a licence.

  • (2) Despite subsection (1), no use of waters without a licence is authorized if a licence is required for another use of waters, or a deposit of waste, in respect of the same undertaking.

  • (3) No use of waters without a licence is authorized unless the following conditions are complied with:

    • (a) measures must be taken prior to using waters to minimize any alteration to the bed or banks of a watercourse whose waters are to be used, and the measures must be maintained during the operation of the undertaking;

    • (b) prior to the closure or abandonment of the undertaking or the end of the period authorized for the use of waters, whichever occurs first, the site must be restored — to the extent practicable — to the state in which it was before the waters were used; and

    • (c) in the case of a person who has a mineral right and who uses waters in relation to that right, the person must respect the priority conferred on Inuit by section 62 of the Act as if that person had a licence for the use.

  • (4) Despite paragraph (3)(b), a site need not be restored prior to the end of the period authorized for the use of waters without a licence if the Board issues a licence for a use of waters on that site prior to the end of that period.

  • (5) A use of waters without a licence is authorized for a period of one year after the day on which the Board approves the application for the approval of the use.

Waste Deposit Without a Licence

  •  (1) For the purposes of paragraph 12(2)(a) of the Act, a licence is not required for a deposit of waste that

    • (a) satisfies a criterion set out in column 3 of Schedule 3 in respect of an undertaking set out in column 1 that is engaged in an activity set out in column 2;

    • (b) would not substantially affect the quality, quantity or flow of the waters in which it is deposited;

    • (c) would not substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land; and

    • (d) would not adversely affect the use of waters by a person who would be entitled to compensation under section 58 or 60 of the Act if their use of those waters were to be adversely affected by an applicant for a licence.

  • (2) In the case of a deposit of waste that is discharged from a vessel within the meaning of section 2 of the Canada Shipping Act, 2001, a licence is not required if the deposit is not prohibited under Part 9 of that Act and satisfies paragraphs (1)(c) and (d).

  • (3) Despite subsection (1), no deposit of waste without a licence is authorized if a licence is required for another deposit of waste, or a use of waters, in respect of the same undertaking.

  • (4) No deposit of waste without a licence is authorized unless the following conditions are complied with:

    • (a) the waste must not be deposited to surface waters or within 31 m of the ordinary high water mark of any body of water;

    • (b) the waste must not contain more than 15 mg/L of petroleum or petroleum product and must not have a visible hydrocarbon sheen;

    • (c) prior to the closure or abandonment of the undertaking or the end of the period authorized for the deposit, whichever occurs first, the site must be restored — to the extent practicable — to the state in which it was before the waste was deposited; and

    • (d) in the case of a person who has a mineral right and who deposits waste in relation to that right, the person must respect the priority conferred on Inuit by section 62 of the Act as if that person had a licence for the deposit.

  • (5) Despite paragraph (4)(c), a site need not be restored prior to the end of the period authorized for the deposit without a licence if the Board issues a licence for a deposit of waste on that site prior to the end of that period.

  • (6) A deposit of waste without a licence is authorized for a period of one year after the day on which the Board approves the application for the approval of the deposit.

Books and Records: Use of Waters or Deposit of Waste Without a Licence

  •  (1) A person who is authorized under these Regulations to use waters or deposit waste without a licence must

    • (a) maintain accurate and detailed books and records of

      • (i) the quantity of water, in cubic metres, used each day,

      • (ii) the quantity of waste, in cubic metres, deposited each day,

      • (iii) the type of waste deposited each day,

      • (iv) where the waste is deposited,

      • (v) the concentration of the substance, or substances, in the deposited solid or liquid that has the effect of making the deposit waste,

      • (vi) the methodology used to calculate or determine the information referred to in subparagraphs (i) to (iv), and

      • (vii) the measures that were taken to avoid or mitigate any adverse impacts of the deposit of waste;

    • (b) keep the books and records on the site of the undertaking during the period of its operation and make them available during that period to an inspector on request;

    • (c) submit to the Board a report containing a summary description and supporting photographs of the restoration of the site of the undertaking within 30 days after the earlier of

      • (i) the day on which the undertaking is closed or abandoned, and

      • (ii) the last day of the period authorized for the use or deposit without a licence; and

    • (d) keep the books and records for two years after the day on which they submit the report describing the restoration of the site of the undertaking.

  • (2) Despite subparagraph (1)(c)(ii), a person need not submit a report to the Board if the person obtains the Board’s approval for a use of waters or deposit of waste without a licence, or a licence for a use of waters or a deposit of waste, on the same site within the period referred to in subparagraph (1)(c)(ii).

Licensing Criteria for Use of Waters

  •  (1) For the purposes of subsection 42(1) of the Act, the appropriate licence for a use of waters is

    • (a) a type B licence if

      • (i) the use is of a type set out in column 2 of Schedule 2 and satisfies a criterion set out in column 4 in respect of an undertaking set out in column 1, or

      • (ii) the use satisfies the criterion set out in paragraph 4(1)(a) but does not satisfy one or more criterion set out in paragraphs 4(1)(b) to (d); and

    • (b) a type A licence if the use is of a type set out in column 2 of Schedule 2 and satisfies a criterion set out in column 5 in respect of an undertaking set out in column 1.

  • (2) Despite paragraph 1(a), a type A licence is the appropriate licence for a use of waters if a type A licence is required for another use of waters, or a deposit of waste, in respect of the same undertaking.

  • (3) For the purposes of subsections 42(1) and (3) of the Act, a type B licence is the licence that the Board may issue for a use of waters described in subsection 4(1).

Licensing Criteria for Deposit of Waste

  •  (1) For the purposes of subsection 42(1) of the Act, the appropriate licence for a deposit of waste is

    • (a) a type B licence if

      • (i) the deposit satisfies a criterion set out in column 4 of Schedule 3 in respect of an undertaking set out in column 1 that is engaged in an activity set out in column 2, or

      • (ii) the deposit satisfies the criterion set out in paragraph 5(1)(a) but does not satisfy one or more criterion set out in paragraph 5(1)(b) or (c); and

    • (b) a type A licence if the deposit meets a criterion set out in column 5 of Schedule 3 in respect of an undertaking set out in column 1 that is engaged in an activity set out in column 2.

  • (2) Despite paragraph 1(a), a type A licence is the appropriate licence for a deposit of waste if a type A licence is required for another deposit of waste, or a use of waters, in respect of the same undertaking.

  • (3) For the purposes of subsections 42(1) and (3) of the Act, a type B licence is the licence that the Board may issue for a deposit of waste described in subsection 5(1).

Public Hearings

  •  (1) For the purposes of section 13.7.3 of the Agreement and subsection 52(1) of the Act, no public hearing is required in respect of an application for

    • (a) an amendment to a type A licence that does not affect the use, flow or quality of waters or alter the term of the licence;

    • (b) one or several renewals of a type A licence if the total duration of the renewal or renewals does not exceed 180 days;

    • (c) the assignment of a type A licence; or

    • (d) the issuance, amendment, renewal, assignment or cancellation of a type B licence.

  • (2) For the purposes of section 13.7.3 of the Agreement, no public hearing is required in respect of an application for a use of waters or deposit of waste without a licence.

Security

  •  (1) For the purposes of subsection 76(1) of the Act, the Board may fix the amount of security required to be furnished by an applicant for a licence, a licensee or a prospective assignee in an amount not exceeding the aggregate of

    • (a) the costs of the abandonment of the undertaking;

    • (b) the costs of the restoration of the site of the undertaking;

    • (c) the costs of any ongoing measures that may remain to be taken after the abandonment of the undertaking; and

    • (d) the compensation that a person, including the designated Inuit organization, who is adversely affected by the use of waters or deposit of waste may be entitled to under section 13 of the Act.

  • (2) In fixing an amount of security, the Board may have regard to

    • (a) the ability of the applicant, licensee or prospective assignee to pay the costs referred to in subsection (1); or

    • (b) the past performance by the applicant, licensee or prospective assignee in respect of any other licence.

  • (3) Security must be in the form of

    • (a) a promissory note guaranteed by a bank listed in Schedule I or II to the Bank Act and made payable to the Receiver General;

    • (b) a certified cheque drawn on a bank listed in Schedule I or II to the Bank Act and made payable to the Receiver General;

    • (c) a performance bond approved by the Treasury Board for the purposes of paragraph (c) of the definition security deposit in section 2 of the Government Contracts Regulations;

    • (d) an irrevocable letter of credit from a bank listed in Schedule I or II to the Bank Act; or

    • (e) a cash payment.

Fees

 A fee of $30 is payable on the submission of an application for a licence, an application for the amendment, renewal, cancellation or assignment of a licence or an application under section 77 of the Act.

  •  (1) Subject to subsections (4) to (6), the fee payable by a licensee for the right to use waters, calculated on an annual basis, is

    • (a) in respect of an agricultural undertaking, the greater of

      • (i) $30, and

      • (ii) $0.15 for each 1 000 m3 that is authorized by the licence;

    • (b) in respect of an industrial or mining undertaking, or the undertaking set out in item 8, column 1 of Schedule 1, the greater of $30 and the aggregate of

      • (i) for the first 2 000 m3 per day that is authorized by the licence, $1 for each 100 m3 per day,

      • (ii) for any quantity greater than 2 000 m3 per day but less than or equal to 4 000 m3 per day that is authorized by the licence, $1.50 for each 100 m3 per day, and

      • (iii) for any quantity greater than 4 000 m3 per day that is authorized by the licence, $2 for each 100 m3 per day; and

    • (c) in respect of a power undertaking,

      • (i) for a Class 0 power undertaking, nil,

      • (ii) for a Class 1 power undertaking, $1,500,

      • (iii) for a Class 2 power undertaking, $4,000,

      • (iv) for a Class 3 power undertaking, $10,000,

      • (v) for a Class 4 power undertaking, $30,000,

      • (vi) for a Class 5 power undertaking, $80,000, and

      • (vii) for a Class 6 power undertaking, $90,000 for the first 100 000 kW of authorized production and $1,000 for each 1 000 kW of authorized production in excess of 100 000 kW.

  • (2) For the purposes of paragraph (1)(b), if a licence authorizes a use of waters on a basis other than a daily basis, the licence fee payable must be calculated by converting the rate of authorized use to an equivalent daily rate.

  • (3) If the volume of water is specified in a licence to be total watercourse flow, the licence fee must be calculated using the mean daily flow of the watercourse, calculated on an annual basis.

  • (4) Licence fees are payable only for the portion of the year during which the licence is in effect.

  • (5) No licence fees are payable in respect of a diversion of waters where the waters are not otherwise used.

  • (6) No licence fees are payable for the right to the use of waters on, in or flowing through Inuit-owned lands.

  • (7) Licence fees shall be paid or, in the case of an initial payment, deducted from the deposit

    • (a) in respect of a licence for a term of one year or less, at the time the licence is issued; and

    • (b) in respect of a licence for a term of more than one year,

      • (i) for the first year of the licence, at the time the licence is issued, and

      • (ii) for each subsequent year of the licence, and for any portion of the final year of the licence, on the anniversary of the date of issuance of the licence.

 
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