Mackenzie Valley Federal Areas Waters Regulations
P.C. 1993-1213 1993-06-08
His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, the Treasury Board, the Northwest Territories Water Board and the Yukon Territory Water Board, is pleased hereby
(a) pursuant to section 29 of the Northern Inland Waters Act, to revoke the Northern Inland Waters Regulations, C.R.C., c. 1234, and
(b) pursuant to section 33 of the Northwest Territories Waters ActFootnote * and section 33 of the Yukon Waters ActFootnote **, to make the annexed Regulations respecting inland water resources in the Northwest Territories and the annexed Regulations respecting inland water resources in the Yukon Territory, in substitution therefor,
effective June 15, 1993.
1 [Repealed, SOR/2016-130, s. 2]
2 In these Regulations,
Act means the Mackenzie Valley Resource Management Act; (Loi)
groundwater means all water in a zone of saturation beneath the land surface, regardless of its origin; (eau souterraine)
undertaking means an undertaking in respect of which water is to be used or waste is to be deposited, of a type set out in Schedule II; (entreprise)
watercourse means a natural watercourse, body of water or water supply, whether usually containing water or not, and includes groundwater, springs, swamps and gulches. (cours d’eau)
- SOR/2016-130, s. 3.
Water Management Areas
3 The geographical areas of the Northwest Territories set out in Schedule I are established as water management areas.
4 These Regulations apply in respect of federal areas that are within the water management areas established under section 3.
- SOR/2016-130, s. 4.
Water Use or Waste Deposit Without a Licence
(a) has no potential for significant adverse environmental effects;
(b) would not interfere with existing rights of other water users or waste depositors; and
(c) satisfies the criteria set out
(i) in respect of an industrial undertaking, in column II of Schedule IV;
(ii) in respect of a mining and milling undertaking, column II of Schedule V;
(iii) in respect of a municipal undertaking, in column II of Schedule VI;
(iv) in respect of a power undertaking, in column II of Schedule VII; and
(v) in respect of an agricultural, conservation, recreational or miscellaneous undertaking, in column II of Schedule VIII.
(2) An individual may, without a licence, deposit waste that is sewage from a residential building, in accordance with the General Sanitation Regulations of the Northwest Territories.
- SOR/2016-130, s. 5.
Applications for Licences
6 (1) An application for a licence or for the amendment or renewal of a licence shall be the form set out in Schedule III and shall contain the information identified therein and be accompanied by a deposit equal to any water use fee that would be payable under subsection 9(1) in respect of the first year of the licence that is being applied for.
(2) An application referred to in subsection (1) shall also include
(a) where the proposed undertaking consists of a dam,
(b) where the proposed undertaking consists of a storage reservoir,
(c) where the proposed undertaking consists of a watercourse crossing,
(d) where the water is proposed to be used for a municipal undertaking in respect of a camp or lodge or in respect of a municipality or settlement,
(i) a plan showing the location of the camp or lodge or the location, area and boundaries of the municipality or settlement,
(ii) an indication of the approximate capacity of the camp or lodge or population of the municipality or settlement, and
(iii) a plan of the intended water or sewage system, showing cross-sections and elevations;
(e) where the water is proposed to be used for an industrial or mining and milling undertaking, a description of the undertaking and of all wastes produced and chemicals used in the operation of the undertaking;
(f) where the proposed undertaking involves a deposit of waste,
(i) the location, rate, timing, frequency and duration of deposit,
(ii) the anticipated constituents of the deposit and the concentration thereof,
(iii) the methods proposed for the storage and treatment thereof, and
(iv) an assessment of the qualitative and quantitative effects on the waters into which the waste is to be deposited;
(g) where the undertaking involves the handling or storage of petroleum products or hazardous materials,
(h) in any case, plans for the abandonment, or any temporary closing, of the proposed undertaking.
7 The fee payable on the submission of an application for a licence or for an amendment, renewal, cancellation or assignment of a licence is $30.
- SOR/2016-130, s. 6.
8 (1) Subject to subsection (2), a licence issued under subsection 72.03(1) of the Act shall be a type B licence for one or more uses of water or deposits of waste set out in column I of any of Schedules IV to VIII, if any one of those uses or deposits
(2) A licence issued under subsection 72.03(1) of the Act shall be a type A licence for one or more uses of water or deposits of waste set out in column I of any of Schedules IV to VIII, if any one of those uses or deposits meets a criterion set out in column IV thereof.
- SOR/2016-130, s. 7.
Water Use Fees
(a) in respect of an agricultural undertaking, the greater of
(b) in respect of an industrial, mining and milling or miscellaneous undertaking, 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), where a licence authorizes the use of water on a basis other than a daily basis, the licence fee payable shall be calculated by converting the rate of authorized use to an equivalent daily rate.
(3) Where the volume of water is specified in a licence to be total watercourse flow, the licence fee will 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 fees are payable under subsection (1) in respect of a diversion of water where the water is not otherwise used.
(6) 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,
(7) Where the licence fee payable under this section is less than the amount of the deposit remitted under subsection 6(1), the difference shall be refunded accordingly.
- Date modified: