Marginal note:Short title

1. This Act may be cited as the Northwest Territories Waters Act.

Marginal note:Definitions

2. In this Act,

“appurtenant undertaking”

« entreprise en cause »

“appurtenant undertaking” means the work described in a licence;

“authorized user”

« usager agréé »

“authorized user” means a person using waters without a licence but under the authority of regulations made under paragraph 33(1)(m);

“authorized waste depositor”

« personne autorisée à déposer des déchets »

“authorized waste depositor” means a person depositing waste without a licence but under the authority of regulations made under paragraph 33(1)(n);

“Board”

« Office »

“Board” means the Northwest Territories Water Board established by section 10;

“domestic user”

« usager domestique »

“domestic user” means a person using waters

• (a) for household requirements, including, without limiting the generality of the foregoing, sanitation and fire prevention,

• (b) for the watering of domestic animals, or

• (c) for the irrigation of a garden adjoining a dwelling-house that is not ordinarily used in the growth of produce for a market;

“instream user”

« usager ordinaire »

“instream user” means a person using waters, otherwise than as described in paragraph (a), (b) or (c) of the definition “use”, to earn income or for subsistence purposes;

“licence”

« permis »

“licence” means a type A or type B licence permitting the use of waters or the deposit of waste, or both, issued pursuant to section 14;

“licensee”

Version anglaise seulement

“licensee” means the holder of a licence;

“Minister”

« ministre »

“Minister” means the Minister of Indian Affairs and Northern Development;

“territorial lands”

« terres territoriales »

“territorial lands” means lands in the Northwest Territories that are vested in Her Majesty in right of Canada or of which the Government of Canada has power to dispose;

“use”

« utilisation »

“use”, in relation to waters, means a direct or indirect use of any kind, including, without limiting the generality of the foregoing,

• (a) any diversion or obstruction of waters,

• (b) any alteration of the flow of waters, and

• (c) any alteration of the bed or banks of a river, stream, lake or other body of water, whether or not the body of water is seasonal,

but does not include a use connected with shipping activities that are governed by the Canada Shipping Act, 2001;

“waste”

« déchet »

“waste” means

• (a) any substance that, if added to water, would degrade or alter or form part of a process of degradation or alteration of the quality of the water to an extent that is detrimental to its use by people or by any animal, fish or plant, or

• (b) water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water to the extent described in paragraph (a),

and, without limiting the generality of the foregoing, includes

• (c) any substance or water that, for the purposes of the Canada Water Act, is deemed to be waste,

• (d) any substance or class of substances prescribed by regulations made under subparagraph 33(1)(b)(i),

• (e) water that contains any substance or class of substances in a quantity or concentration that is equal to or greater than a quantity or concentration prescribed in respect of that substance or class of substances by regulations made under subparagraph 33(1)(b)(ii), and

• (f) water that has been subjected to a treatment, process or change prescribed by regulations made under subparagraph 33(1)(b)(iii);

“water management area”

« zone de gestion »

“water management area” means a water management area established by the Governor in Council by regulations made under subparagraph 33(1)(a)(i);

“waters”

« eaux »

“waters” means any inland water, whether in a liquid or frozen state, on or below the surface of the land in the Northwest Territories.