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

Marginal note:Negotiation to be in good faith

66. A request referred to in paragraph 63(1)(b) or subsection 64(1) shall not be considered by the Board unless the requester has negotiated in good faith and has been unable to reach an agreement.

Marginal note:Factors in determining compensation

• 67. (1) For the purpose of determining compensation under paragraph 63(1)(b) and subsection 64(1), the Board shall take into account the following factors:

  • (a) the adverse effects of the change in the quality, quantity or flow of waters on Inuit-owned land;

  • (b) the nuisance, inconvenience or disturbance, including noise, caused by the change;

  • (c) the cumulative effects of the change and of any existing uses of waters and deposits of waste;

  • (d) the cultural attachment of Inuit to the affected Inuit-owned land, including waters;

  • (e) the peculiar and special value of the affected Inuit-owned land, including waters; and

  • (f) any interference with Inuit rights derived from the Agreement or otherwise.

• Marginal note:Periodic review and payment

  (2) Unless otherwise agreed by the designated Inuit organization and the applicant, where the Board has made a determination of compensation under paragraph 63(1)(b) or subsection 64(1), the Board shall provide, where the nature and duration of the use or deposit of waste warrant it, for the periodic review and periodic payment of that compensation.

Marginal note:National parks in Nunavut

68. Sections 63 and 65 to 67 apply in respect of a use of waters or a deposit of waste that is within the jurisdiction of the authority responsible for the management of waters in a national park in Nunavut and

• (a) any reference in those provisions, except paragraph 63(1)(b), to the Board is deemed to be a reference to that authority; and

• (b) any reference in section 63 to a licence is deemed to be a reference to an authorization to use waters or deposit waste given by the authority.

Marginal note:Gwich’in Sahtu lands

69. Where the Board has been notified under subsection 78(1) of the Mackenzie Valley Resource Management Act, it may not issue a licence for a use of waters or deposit of waste referred to in that subsection unless the requirements of subsection 78(3) of that Act are satisfied.

Marginal note:Powers of Board

• 70. (1) Subject to this Act and the regulations, the Board may include in a licence any conditions that it considers appropriate, including conditions relating to

  • (a) the manner in which waters may be used;

  • (b) the quantity, concentration and types of waste that may be deposited and the manner of depositing waste;

  • (c) the studies to be undertaken, works to be constructed, plans, including contingency plans, to be submitted, and monitoring programs to be undertaken; and

  • (d) any future closing or abandonment of the appurtenant undertaking.

• Marginal note:Monitoring programs

  (2) The monitoring programs referred to in paragraph (1)(c) may specify responsibilities of the applicant, the Nunavut Impact Review Board or Her Majesty in right of Canada.

• Marginal note:Project certificate

  (3) The Board shall, to the extent that it is authorized under this Act to do so, include in a licence the terms and conditions of any project certificate, referred to in section 12.5.12 or 12.6.17 of the Agreement, that is issued in respect of the use of waters or deposit of waste or the appurtenant undertaking to which that use or deposit relates.