Marginal note:Inconsistency with Agreement

• 3. (1) Where there is any inconsistency or conflict between the Agreement and this Act, the Agreement prevails to the extent of the inconsistency or conflict.

• Marginal note:Inconsistency with other Acts

  (2) Where there is any inconsistency or conflict between this Act and any other Act of Parliament, except the Nunavut Land Claims Agreement Act, this Act prevails to the extent of the inconsistency or conflict.

Marginal note:Definitions

4. The definitions in this section apply in this Part.

“appurtenant undertaking”

« entreprise principale »

“appurtenant undertaking” means an undertaking in relation to which a use of waters or a deposit of waste is permitted by a licence.

“Board”

« Office »

“Board” means the Nunavut Water Board established by section 14.

“domestic purpose”

« domestique »

“domestic purpose” means the use of waters for the following purposes:

• (a) household requirements, including sanitation and fire prevention;

• (b) the watering of domestic animals; or

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

“instream use”

« ordinaire »

“instream use” means a use of waters by a person, other than for a domestic purpose or as described in paragraph (a), (b) or (c) of the definition “use”, to earn income or for subsistence purposes.

“licence”

« permis »

“licence” means, unless the context otherwise requires, a type A or type B licence, in accordance with the criteria prescribed by the regulations, issued for the use of waters or the deposit of waste, or both, in Nunavut under section 42.

“licensee”

« titulaire »

“licensee” means a person to whom a licence is issued or assigned.

“marine area”

« zones marines »

“marine area” means any waters, including those that are ice-covered, of the Nunavut Settlement Area, other than inland waters, and the seabed and subsoil below those waters.

“national park”

« parc national »

“national park” means a park within the meaning of the Canada National Parks Act, or lands set aside as a reserve for a park under that Act.

“Nunavut Impact Review Board”

« Commission d’examen des projets de développement »

“Nunavut Impact Review Board” means the Nunavut Impact Review Board referred to in section 12.2.1 of the Agreement.

“Nunavut Planning Commission”

« Commission d’aménagement »

“Nunavut Planning Commission” means the Nunavut Planning Commission referred to in section 11.4.1 of the Agreement.

“use”

« utilisation »

“use”, in relation to waters, means a direct or indirect use of any kind, including, but not limited to,

• (a) any use of water power and geothermal resources;

• (b) any diversion or obstruction of waters;

• (c) any alteration of the flow of waters; and

• (d) 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.

However, it does not include navigation or any other use connected with shipping activities that are governed by the Canada Shipping Act, 2001.

“waste”

« déchet »

“waste” means any substance that, by itself or in combination with other substances found in water, would have the effect of altering the quality of any water to which the substance is added to an extent that is detrimental to its use by people or by any animal, fish or plant, or any water that would have that effect because of the quantity or concentration of the substances contained in it or because it has been treated or changed, by heat or other means, and includes

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

• (b) any substance or class of substances specified by the regulations;

• (c) water containing any substance or class of substances in a quantity or concentration that is equal to or greater than that prescribed by the regulations; and

• (d) water that has been subjected to a treatment or change described by the regulations.

“waters”

« eaux »

“waters” means, except for the purposes of subsection 41(2), inland waters, whether in a liquid or solid state, on or below the surface of land.