Nunavut Waters Regulations (SOR/2013-69)
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Regulations are current to 2024-11-26
Fees
11 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.
12 (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.
Books and Records
13 A licensee 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) the concentration of the substance, or substances, in the deposited solid or liquid that has the effect of making the deposit waste, and
(v) the methodology used to calculate or determine the information referred to in subparagraphs (i) to (iv);
(b) keep the books and records on the site of the appurtenant undertaking during the period of its operation or until the expiry or cancellation of the licence; and
(c) keep the books and records for a period of at least five years after the expiry or cancellation of the licence.
Annual Report
14 (1) A licensee must submit an annual report to the Board, in a form acceptable to the Board, by March 31 of each year. The report must contain the following information in respect of the previous calendar year:
(a) the licensee’s name and licence number;
(b) the quantity of water, in cubic metres, used by the licensee, the source of the water and the purpose of its use;
(c) the quantity, in cubic metres, and type of waste deposited by the licensee and the location of the deposit, including its geographical coordinates;
(d) the concentration of the substance, or substances, in the deposited solid or liquid that has the effect of making the deposit waste;
(e) the measures that were taken to avoid or mitigate any adverse impacts of the deposit of waste;
(f) a summary of any maintenance, modification or construction of a work that forms part of the appurtenant undertaking;
(g) if the appurtenant undertaking was abandoned, a summary description and supporting photographs of the site of the undertaking at the time of its abandonment;
(h) if the site of the appurtenant undertaking was restored, a summary description and supporting photographs of the restoration;
(i) a summary of any study or monitoring program undertaken, any data collected under the study or program, any work constructed and any plan submitted pursuant to paragraph 70(1)(c) of the Act;
(j) a summary of any changes made to operation and maintenance plans in respect of any work that forms part of the appurtenant undertaking; and
(k) a summary of any measures taken in response to a direction given by an inspector under section 87 of the Act.
(2) The report must be signed and dated by
(a) the licensee, if the licensee is an individual; or
(b) an authorized agent of the licensee, if the licensee is not an individual.
(3) On application in writing by a licensee, the Board may extend the period for submitting an annual report for a period of up to 60 days if the Board is satisfied that an extension is justified in the circumstances.
(4) Within 90 days after the day of the expiry or cancellation of a licence, the licensee must submit a report to the Board — in a form acceptable to the Board and signed and dated by the person referred to in subsection (2) — that contains the information set out in subsection (1) in respect of the current calendar year.
Public Register
15 (1) The register referred to in section 78 of the Act must be in printed or electronic form and contain
(a) a copy of each application and all documents received or provided by the Board in respect of the application;
(b) all records in respect of any public hearing held in connection with the application;
(c) all documents received or provided by the Board in respect of compliance with the conditions of a licence or the conditions imposed on the use of waters or deposit of waste without a licence; and
(d) all documents received or provided by the Board in respect of the cancellation of a licence.
(2) Despite paragraph (1)(a), a document received by the Board in respect of an application does not need to be kept in the register if an Act of Parliament requires that the document be kept in a registry maintained by the Nunavut Planning Commission or the Nunavut Impact Review Board.
Reporting of Unauthorized Deposit of Waste
16 (1) For the purposes of subsection 12(3) of the Act, a person who reports a deposit of waste that is not authorized by a licence or these Regulations must report the location, date and nature of the deposit
(a) to an inspector, in person or by telephone or electronic mail; and
(b) to any emergency spill notification service of the Nunavut government, by telephone, fax or electronic mail.
(2) Information that is reported in person or by telephone must also be reported in writing to an inspector without delay.
Water Management Areas
17 (1) Each watershed shown on the map set out in Schedule 4 is established as a water management area.
(2) The boundaries of each watershed are described in the document entitled Nunavut Watersheds Descriptions dated December 1, 2010, and deposited with the Board by the Assistant Deputy Minister, Northern Affairs Organization, Department of Indian Affairs and Northern Development.
(3) Any part of a watershed described in the document referred to in subsection (2) that is a marine area does not form part of a water management area.
(4) The Board must make the document referred to in subsection (2) available to the public.
Coming into Force
18 These Regulations come into force on the day on which they are registered.
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