Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)

Marginal note:Restriction on powers: environmental review of projects

• 39. (1) The Board may not issue, amend or renew a licence to use waters or deposit waste where the use or deposit, or in the case of an amendment any change to the use or deposit, or the appurtenant undertaking requires screening in accordance with Part 4 of Article 12 of the Agreement, until the Nunavut Impact Review Board has completed the screening and, where a review under Part 5 or 6 of that Article is required, issued a project certificate referred to in section 12.5.12 or 12.6.17 of the Agreement.

• Marginal note:Exception

  (2) Notwithstanding subsection (1), where an appurtenant undertaking is required to be reviewed, the Board may, before the project certificate is issued, issue, amend or renew a licence to use waters or deposit waste in relation to exploration or developmental work related to the appurtenant undertaking, provided that

  • (a) the use or deposit falls within Schedule 12-1 of the Agreement or can, in the judgment of the Nunavut Impact Review Board, proceed without the review; or

  • (b) the licence is issued, amended or renewed for an interim, short-term period.

Marginal note:Other water authorities

40. Where the use of waters or the deposit of waste that is the subject of an application to the Board would have a significant impact on a use of waters or a deposit of waste in a national park or any place outside Nunavut, the Board may collaborate with any body exercising powers of water management for that park or place.

Marginal note:Marine areas

41. The Board may, either jointly with the Nunavut Planning Commission, the Nunavut Impact Review Board and the Nunavut Wildlife Management Board, as established by the Agreement, acting as the Nunavut Marine Council referred to in section 15.4.1 of the Agreement, or on its own, advise and make recommendations respecting any marine area to any department or agency of the Government of Canada or the Government of Nunavut, and those governments shall consider that advice and those recommendations when making any decision that may affect that marine area.

Marginal note:Issuance

• 42. (1) Subject to this Act and on application, the Board may issue the appropriate licence.

• Marginal note:Exception

  (2) The Board may not issue a licence in respect of a use of waters described in paragraph 11(2)(b) or (c) or a deposit of waste described in paragraph 12(2)(b).

• Marginal note:Refusal to issue licence

  (3) The Board may not refuse to issue a licence merely because the regulations authorize the use of waters or the deposit of waste without a licence.

Marginal note:Renewal, amendment and cancellation

• 43. (1) Subject to this Act, the Board may

  • (a) on application by the licensee, renew a licence, with or without changes to the conditions of the licence;

  • (b) amend, for a specified term or otherwise, any condition of a licence

    • (i) on application by the licensee,

    • (ii) to deal with a water shortage, or

    • (iii) where the Board considers the amendment to be in the public interest; and

  • (c) cancel a licence

    • (i) on application by the licensee,

    • (ii) where the licensee, for three successive years, fails to exercise the licensee’s rights under the licence, or

    • (iii) where the Board considers the cancellation to be in the public interest.

• Marginal note:Renewal and amendment

  (2) Sections 57 to 76 apply in relation to the renewal or amendment of a licence.