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

Marginal note:Purpose of conditions

71. In fixing the conditions of a licence, the Board shall make all reasonable efforts to minimize

• (a) any adverse effects of the licensed use of waters or deposit of waste on aquatic ecosystems and on the persons who are entitled to be paid compensation under section 58 or 60;

• (b) any interference by any person referred to in section 62 with the existing use of waters by the Inuit, whether that use is or is not licensed; and

• (c) any loss or damage described in section 63.

Marginal note:Conditions of waste deposit

72. The conditions in a licence relating to the deposit of waste in waters shall

• (a) be based on the water quality standards prescribed for those waters by the regulations, if any; and

• (b) be at least as stringent as the effluent standards prescribed for those waters by the regulations, if any.

Marginal note:Regulations under Fisheries Act

73. Where the Board issues a licence in respect of any waters to which regulations made under subsection 36(5) of the Fisheries Act apply, any conditions in the licence relating to the deposit of waste in those waters shall be at least as stringent as the conditions prescribed by those regulations.

Marginal note:Conditions relating to design of works

74. A licence shall include conditions that are at least as stringent as any standards prescribed by the regulations for the design, construction, operation and maintenance of works used in relation to appurtenant undertakings.

Marginal note:Licence conditions deemed amended

75. Where regulations referred to in sections 72 to 74 are made or amended after the issuance of a licence, the conditions of the licence are from that time deemed to be amended to the extent, if any, necessary in order to comply, or remain in compliance, with those sections.

Marginal note:Security

• 76. (1) The Board may require an applicant, a licensee or a prospective assignee to furnish and maintain security with the Minister in the form, of the nature, subject to such terms and conditions and in an amount prescribed by, or determined in accordance with, the regulations or that is satisfactory to the Minister.

• Marginal note:Application of security

  (2) The security provided by a licensee may be applied by the Minister

  • (a) to compensate, fully or partially, a person, including the designated Inuit organization, who is entitled to compensation under section 13 and who has been unsuccessful in recovering that compensation, if the Minister is satisfied that the person has taken all reasonable measures to recover it; and

  • (b) to reimburse Her Majesty in right of Canada, fully or partially, for reasonable costs incurred by Her Majesty in right of Canada under subsection 87(4) or, subject to subsection (3), under subsection 89(1).

• Marginal note:Limitation

  (3) Paragraph (2)(b) applies in respect of costs incurred under subsection 89(1) only to the extent that the costs were incurred in relation to a contravention referred to in subparagraph 89(1)(b)(i).

• Marginal note:Limitation of security

  (4) The amount of the security applied by the Minister under subsection (2) in respect of a particular incident or matter may not exceed the total amount of the security required to be furnished and maintained by the licensee under subsection (1).

• Marginal note:Refund of security

  (5) Where the Minister is satisfied that an appurtenant undertaking has been permanently closed or permanently abandoned or the licence has been assigned, any portion of the security that, in the Minister’s opinion, will not be applied under subsection (2) shall be returned to the licensee without delay.