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Northwest Territories Devolution Act (S.C. 2014, c. 2)

Assented to 2014-03-25

 Section 60 of the Act is amended by adding the following after subsection (3.1):

  • Marginal note:Excluded period

    (3.2) If a licence relates to a proposed development that is, under Part 5, subject to an environmental assessment, an environmental impact review or an examination of impacts on the environment that stands in lieu of an environmental impact review, then the period that is taken to complete that assessment, review or examination is not included in the calculation of the time limit under subsection 24.2(1) or 24.3(1) of the Northwest Territories Waters Act or of its extension.

  • Marginal note:Suspension of time limit

    (3.3) A board may suspend a time limit referred to in subsection 24.2(1) or 24.3(1) of the Northwest Territories Waters Act or the extension of such a limit

    • (a) if the board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 14(4) of that Act, until the applicant satisfies the board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;

    • (b) if the board is not permitted to issue a licence except in accordance with subsection 15.1(1) of that Act, until the applicant has entered into a compensation agreement under paragraph 15.1(1)(a) of that Act or until a determination of compensation has been made under paragraph 15.1(1)(b) of that Act, as the case may be; or

    • (c) if the board determines that the applicant is required to enter into a compensation agreement under section 77 or 79.1, until the applicant satisfies the board that they have done so or the board has determined, under section 79 or 79.3, the compensation payable by the applicant.

Marginal note:2002, c. 10, s. 178; 2005, c. 1, s. 34

 Section 60 of the Act is replaced by the following:

Marginal note:Jurisdiction — water and waste in federal area
  • 60. (1) A board has jurisdiction in respect of all uses of waters and deposits of waste in a federal area in its management area for which a licence is required under this Part and may, in accordance with the regulations, issue, amend, renew and cancel licences and approve the assignment of licences.

  • Marginal note:Jurisdiction — water and waste outside federal area

    (1.1) A board has jurisdiction in respect of all uses of waters and deposits of waste on lands outside a federal area in its management area for which a licence is required under any territorial law and may, in accordance with that law,

    • (a) issue, amend, renew, suspend and cancel licences and approve the assignment of licences;

    • (b) include in a licence any conditions it considers appropriate;

    • (c) determine the term of a licence;

    • (d) determine the appropriate compensation to be paid by an applicant for a licence, or by a licensee who applies for an amendment or renewal of their licence, to persons who would be adversely affected by the proposed use of waters or deposit of waste;

    • (e) require an applicant for a licence, a licensee or a prospective assignee of a licence to furnish and maintain security; and

    • (f) on the request of a person who is subject to an order made by an inspector, review that order and confirm, vary or revoke it.

  • Marginal note:Suspension power

    (2) A board may suspend a licence in respect of a federal area for a specified period, or until terms and conditions specified by it are complied with, if the licensee contravenes a provision of this Part or a term or condition of the licence.

 Section 65 of the Act is replaced by the following:

Marginal note:Guidelines and policies — permits
  • 65. (1) Subject to the regulations, a board may establish guidelines and policies respecting permits and other authorizations, including their issuance under this Part.

  • Marginal note:Guidelines and policies — licences

    (2) Subject to the regulations and any territorial law, a board may establish guidelines and policies respecting licences, including their issuance under this Part.

  •  (1) Section 67 of the Act is replaced by the following:

    Marginal note:Final decision

    67. Subject to sections 32 and 72.13, or any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of a board is final and binding.

    Marginal note:Public register
    • 68. (1) A board shall maintain at its main office, in any form that is prescribed by the regulations, a register convenient for use by the public in which shall be entered, for each application received and each licence or permit issued, the information prescribed by the regulations.

    • Marginal note:Register to be open to inspection

      (2) The register shall be open to inspection by any person during the board’s normal business hours, subject to the payment of any fee prescribed by the regulations.

    • Marginal note:Copies of contents of register

      (3) A board shall, on request and on payment of any fee prescribed by the regulations, make available copies of information contained in the register.

  • (2) Section 67 of the Act is replaced by the following:

    Marginal note:Final decision

    67. Subject to sections 32 and 72.13 and subsections 125(1.2) and (4), or any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of the Board is final and binding.

  •  (1) The portion of section 69 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Protection of environment

    69. Before issuing a permit for a use of land, the Board shall, with respect to conditions of the permit for the protection of the environment, consult

  • (2) Paragraph 69(b) of the Act is replaced by the following:

    • (b) the minister of the Government of Canada having administration and control of the land in the case of any land under that minister’s administration and control; or

 Section 70 of the Act is replaced by the following:

Marginal note:Delegation to staff

70. The Board may, by instrument of delegation, specify permits from among a class prescribed by the regulations that an employee of the Board named in the instrument may issue, amend or renew and whose assignment the employee may approve.

 Subsections 71(1) to (3) of the Act are replaced by the following:

Marginal note:Furnishing security
  • 71. (1) The Board may require, as a condition of a permit or as a condition of the assignment of a permit, that security be furnished to the federal Minister in a form prescribed by the regulations or a form satisfactory to the federal Minister and in an amount specified in, or determined in accordance with, the regulations.

  • Marginal note:Notice

    (2) The federal Minister shall notify the Board of the furnishing of security so required.

  • Marginal note:Application of security

    (3) If damage to lands results from a permittee’s contravention of any provision of the regulations or a permit, the Board may request of the federal Minister that all or part of the security furnished by the permittee be applied toward the costs incurred in repairing the damage.

 Section 72 of the Act is replaced by the following:

Special Rules for the Use of Waters and the Deposit of Waste

Prohibitions

Marginal note:Use of waters
  • 72. (1) Except as authorized under the Dominion Water Power Act, and subject to subsection (2), no person shall use, or permit the use of, waters in a federal area within a water management area except

    • (a) in accordance with the conditions of a licence; or

    • (b) as authorized by regulations made under paragraph 90.3(1)(m).

  • Marginal note:Exemptions from application of subsection (1)

    (2) Subsection (1) does not apply in respect of the use of waters

    • (a) by a domestic user;

    • (b) by an instream user; or

    • (c) for the purpose of extinguishing a fire or, in an emergency, controlling or preventing a flood.

  • Marginal note:Duties in certain cases

    (3) If any person diverts waters for a purpose set out in paragraph (2)(c), the person shall, when the need for the diversion has ceased, discontinue the diversion and, in so far as possible, restore the original channel conditions.

Marginal note:Deposit of waste
  • 72.01 (1) Except in accordance with the conditions of a licence or as authorized by regulations made under paragraph 90.3(1)(n), no person shall, subject to subsection (2), deposit or permit the deposit of waste in a federal area

    • (a) in any waters in a water management area; or

    • (b) in any other place under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter any waters in a water management area.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to the deposit of waste in waters that form part of a water quality management area designated under the Canada Water Act if the waste so deposited is of a type and quantity, and deposited under conditions, prescribed by regulations made by the Governor in Council under paragraph 18(2)(a) of that Act with respect to that water quality management area.

  • Marginal note:Duty to report unlawful deposits of waste

    (3) If waste is deposited in contravention of this section, every person who owns the waste or has the charge, management or control of it — or who caused or contributed to the deposit — shall, without delay, in accordance with the regulations, if any, made under paragraph 90.3(1)(o), report the deposit to the person or authority designated under that paragraph or, if no such person or authority has been designated, to an inspector designated under subsection 84(1).

Marginal note:Exemption — Tlicho communities

72.02 Sections 72 and 72.01 do not apply in respect of a use of waters or a deposit of waste in a Tlicho community if the local government of that community has enacted a bylaw providing that a licence is not required for that type of use or deposit.

Licences

Marginal note:Issuance
  • 72.03 (1) Subject to this section, a board may issue, in accordance with the criteria set out in the regulations made under paragraph 90.3(1)(c), type A licences and type B licences permitting the applicant for the licence, on payment of the fees prescribed by regulations made under paragraph 90.3(1)(k), at the times and in the manner prescribed by any applicable regulations made under paragraph 90.3(1)(l) or, in the absence of such regulations, at the times and in the manner set out in the licence, to use waters or deposit waste, or both, in a federal area in connection with the operation of an appurtenant undertaking and in accordance with the conditions specified in the licence.

  • Marginal note:Term

    (2) A licence issued under subsection (1) may be issued for a term

    • (a) of not more than 25 years, in the case of a type A licence that is in respect of a class of undertakings prescribed by the regulations or a type B licence; or

    • (b) of not more than the anticipated duration of the appurtenant undertaking, in the case of a type A licence other than one described in paragraph (a).

  • Marginal note:Specific uses

    (3) The board shall not issue a licence in respect of a use of waters referred to in subsection 72(2).

  • Marginal note:Refusal to issue

    (4) The board shall not refuse to issue a licence merely because the use of waters or deposit of waste in respect of which the application for the licence is made is already authorized by regulations made under paragraph 90.3(1)(m) or (n).

  • Marginal note:Conditions for issue

    (5) The board shall not issue a licence in respect of a federal area unless the applicant satisfies the board that

    • (a) either

      • (i) the use of waters or the deposit of waste proposed by the applicant would not adversely affect, in a significant way, the use of waters, whether in or outside the federal area to which the application relates,

        • (A) by any existing licensee who holds a licence issued under this Act or any other licence relating to the use of waters or deposit of waste, or both, issued under any territorial law or the Nunavut Waters and Nunavut Surface Rights Tribunal Act, or

        • (B) by any other applicant whose proposed use of waters would take precedence over the applicant’s proposed use by virtue of section 72.26 or any territorial law, or

      • (ii) every licensee and applicant to whom subparagraph (i) applies has entered into a compensation agreement with the applicant;

    • (b) compensation that the board considers appropriate has been or will be paid by the applicant to any other applicant who is described in clause (a)(i)(B) but to whom paragraph (a) does not apply, and to any of the following who were licensees, users, depositors, owners, occupiers or holders, whether in or outside the federal area to which the application relates, at the time when the applicant filed an application with the board in accordance with the regulations made under paragraphs 90.3(1)(d) and (e), who would be adversely affected by the use of waters or the deposit of waste proposed by the applicant, and who have notified the board within the time period stipulated in the notice of the application given under subsection 72.16(1):

      • (i) licensees who hold a licence issued under this Act or any other licence relating to the use of waters or deposit of waste, or both, issued under any territorial law or the Nunavut Waters and Nunavut Surface Rights Tribunal Act and to whom paragraph (a) does not apply,

      • (ii) domestic users,

      • (iii) instream users,

      • (iv) authorized users,

      • (v) authorized waste depositors,

      • (vi) persons who use waters or deposit waste, or both, without a licence under the authority of any territorial law,

      • (vii) persons referred to in paragraph 61(d) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act,

      • (viii) owners of property,

      • (ix) occupiers of property, and

      • (x) holders of outfitting concessions, registered trapline holders, and holders of other rights of a similar nature;

    • (c) any waste that would be produced by the appurtenant undertaking will be treated and disposed of in a manner that is appropriate for the maintenance of

      • (i) water quality standards prescribed by regulations made under paragraph 90.3(1)(h) or, in the absence of such regulations, any water quality standards that the board considers acceptable, and

      • (ii) effluent standards prescribed by regulations made under paragraph 90.3(1)(i) or, in the absence of such regulations, any effluent standards that the board considers acceptable; and

    • (d) the financial responsibility of the applicant, taking into account the applicant’s past performance, is adequate for

      • (i) the completion of the appurtenant undertaking,

      • (ii) any mitigative measures that may be required, and

      • (iii) the satisfactory maintenance and restoration of the site in the event of any future closing or abandonment of that undertaking.

  • Marginal note:Factors in determining compensation

    (6) In determining the compensation that is appropriate for the purpose of paragraph (5)(b), the board shall consider all relevant factors, including

    • (a) provable loss or damage;

    • (b) potential loss or damage;

    • (c) the extent and duration of the adverse effect, including the incremental adverse effect;

    • (d) the extent of the use of waters by persons who would be adversely affected; and

    • (e) nuisance, inconvenience and noise.

Marginal note:Conditions
  • 72.04 (1) Subject to this Act and its regulations, a board may include in a licence in respect of a federal area any conditions that it considers appropriate, including conditions

    • (a) relating to the manner of use of waters permitted to be used under the licence;

    • (b) relating to the quantity, concentration and types of waste that may be deposited in any waters by the licensee;

    • (c) under which any such waste may be so deposited;

    • (d) relating to studies to be undertaken, works to be constructed, plans to be submitted, and monitoring programs to be undertaken; and

    • (e) relating to any future closing or abandonment of the appurtenant undertaking.

  • Marginal note:Board to minimize adverse effects

    (2) In fixing the conditions of a licence in respect of a federal area, the board shall make all reasonable efforts to minimize any adverse effects of the issuance of the licence on any of the following who would be adversely affected by the use of waters or the deposit of waste proposed by the applicant, and who have notified the board within the time period stipulated in the notice of the application given under subsection 72.16(1), whether they are in or outside the federal area to which the application relates, at the time when the board is considering the fixing of those conditions:

    • (a) licensees who hold a licence in respect of a federal area or in respect of lands outside a federal area;

    • (b) domestic users;

    • (c) instream users;

    • (d) authorized users;

    • (e) authorized waste depositors;

    • (f) persons who use waters or deposit waste, or both, without a licence under the authority of any territorial law;

    • (g) owners of property;

    • (h) occupiers of property; and

    • (i) holders of outfitting concessions, registered trapline holders, and holders of other rights of a similar nature.

  • Marginal note:Conditions relating to waste

    (3) If a board issues a licence in respect of a federal area whose waters form part of a water quality management area designated under the Canada Water Act, it is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of the regulations made under paragraph 18(2)(a) of that Act with respect to those waters.

  • Marginal note:Non-application of regulations under Canada Water Act

    (4) If a board issues a licence in respect of a federal area whose waters do not form part of a water quality management area designated under the Canada Water Act,

    • (a) if any regulations made under paragraph 90.3(1)(h) are in force for those waters, the board is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are not based on the water quality standards prescribed for those waters by those regulations; and

    • (b) if any regulations made under paragraph 90.3(1)(i) are in force for those waters, the board is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the effluent standards prescribed in relation to those waters by those regulations.

  • Marginal note:Application of Fisheries Act

    (5) If a board issues a licence in respect of a federal area whose waters do not form part of a water quality management area designated under the Canada Water Act, and to which any regulations made under subsection 36(5) of the Fisheries Act apply, it is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of those regulations that relate to the deposit of deleterious substances as defined in subsection 34(1) of that Act.

  • Marginal note:Conditions relating to works

    (6) The board shall include in a licence in respect of a federal area conditions that are at least as stringent as any applicable standards prescribed by any regulations made under paragraph 90.3(1)(j).

  • Marginal note:Licence conditions deemed amended

    (7) If regulations referred to in subsection (3), (4), (5) or (6) are made or amended after the issuance of a licence in respect of a federal area, the conditions of the licence are deemed to be amended to the extent, if any, that is necessary to comply, or remain in compliance, with that subsection.

Marginal note:Inuit-owned land
  • 72.05 (1) A board shall not issue a licence in respect of a use of waters or a deposit of waste in a federal area that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, unless

    • (a) the applicant has entered into an agreement with the designated Inuit organization to pay compensation for any loss or damage that may be caused by the alteration; or

    • (b) if there is no agreement,

      • (i) on the request of the applicant or the designated Inuit organization, the board has made a joint determination of the appropriate compensation with the Nunavut Water Board, or

      • (ii) if the board and the Nunavut Water Board are unable to jointly determine compensation, a judge of the Nunavut Court of Justice has determined the compensation.

  • Marginal note:Payment of compensation

    (2) The payment of compensation referred to in paragraph (1)(b) shall be a condition of the licence.

  • Marginal note:Costs

    (3) Unless otherwise determined by the Nunavut Water Board, costs incurred by the designated Inuit organization as a result of a request referred to in subparagraph (1)(b)(i) shall be paid by the applicant.

Marginal note:Negotiation to be in good faith

72.06 A board shall not consider a request referred to in subparagraph 72.05(1)(b)(i) unless the requester has negotiated in good faith and has been unable to reach an agreement.

Marginal note:Factors in determining compensation

72.07 For the purpose of determining compensation under paragraph 72.05(1)(b), the following factors shall be taken into account:

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

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

  • (c) the cumulative adverse effects of the alteration 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

72.08 Unless otherwise agreed by the designated Inuit organization and the applicant, a determination of compensation made under paragraph 72.05(1)(b) shall provide, having due regard to the nature and duration of the use of waters or deposit of waste, for the periodic review and periodic payment of that compensation.

Marginal note:Interpretation
  • 72.09 (1) In this section and sections 72.05 to 72.08,

    • (a“Agreement”, “Inuit”, “Inuit-owned land”, “Makivik” and “Tunngavik” have the same meanings as in subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act; and

    • (b“designated Inuit organization” means

      • (i) except in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement,

        • (A) Tunngavik, or

        • (B) any organization designated in the public record maintained by Tunngavik under the Agreement as being responsible for the functions described under sections 20.3.1 and 20.4.1 of the Agreement, or

      • (ii) in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, Makivik, acting jointly with the organization determined under subparagraph (i).

  • Marginal note:Interpretation

    (2) For greater certainty, sections 72.05 to 72.08 apply in respect of a body of water that delineates a boundary between Inuit-owned land and other land and that body of water is not located entirely on Inuit-owned land.

Marginal note:Application for licence
  • 72.1 (1) An application for a licence shall be in the form and contain the information,

    • (a) if the licence is to apply with respect to a federal area, prescribed by the regulations; and

    • (b) if the licence is to apply with respect to lands outside a federal area, required under any territorial law.

  • Marginal note:Information and studies

    (2) The board shall require an applicant for a licence to provide the board with the information and studies concerning the use of waters or deposit of waste proposed by the applicant that will enable the board to evaluate any qualitative and quantitative effects of the use or deposit on waters.

Marginal note:Security — federal area
  • 72.11 (1) A board may require an applicant for a licence that is to apply with respect to a federal area, a holder of such a licence or a prospective assignee of such a licence to furnish and maintain security with the federal Minister, in an amount specified in, or determined in accordance with, the regulations made under paragraph 90.3(1)(g) and in a form prescribed by those regulations or a form satisfactory to the federal Minister.

  • Marginal note:How security may be applied

    (2) The security may be applied by the federal Minister in the following manner:

    • (a) if the federal Minister is satisfied that a person who is entitled to be compensated by a licensee under section 72.27 has taken all reasonable measures to recover compensation from the licensee and has been unsuccessful in that recovery, the security may be applied to compensate that person, either fully or partially; and

    • (b) the security may be applied to reimburse Her Majesty in right of Canada, either fully or partially, for reasonable costs incurred by Her Majesty under subsection 86.2(1) or, subject to subsection (3), subsection 89(1).

  • Marginal note:Exception

    (3) Paragraph (2)(b) applies in respect of costs incurred under subsection 89(1) only to the extent that the incurring of those costs was based on subparagraph 89(1)(b)(i).

  • Marginal note:Limitation

    (4) The amount of security that the federal Minister may apply under subsection (2) in respect of any particular incident or matter may not exceed in the aggregate the amount of the security referred to in subsection (1).

  • Marginal note:Refund of security

    (5) Any portion of the security that, in the federal Minister’s opinion, will not be required under subsection (2) shall be refunded without delay to the licensee or assignor, as the case may be, if the federal Minister is satisfied that

    • (a) the appurtenant undertaking has been permanently closed or permanently abandoned; or

    • (b) the licence has been assigned.

Marginal note:Renewal, amendment and cancellation
  • 72.12 (1) Subject to subsections (2) and (3), a board may, in respect of a federal area,

    • (a) renew a licence, if the licensee applies for its renewal or if the renewal appears to the board to be in the public interest, with or without changes to its conditions, for a term

      • (i) of not more than 25 years, in the case of a type A licence that is in respect of a class of undertakings prescribed by the regulations or a type B licence, or

      • (ii) of not more than the anticipated duration of the appurtenant undertaking, in the case of a type A licence other than one described in subparagraph (i);

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

      • (i) if the licensee applies for its amendment,

      • (ii) if the amendment is required to deal with a water shortage in any water management area, or

      • (iii) in any other case, if the amendment appears to the board to be in the public interest; and

    • (c) cancel a licence

      • (i) if the licensee applies for its cancellation,

      • (ii) if the licensee, for three successive years, fails to exercise their rights under the licence, or

      • (iii) in any other case, if the cancellation appears to the board to be in the public interest.

  • Marginal note:Application of certain provisions

    (2) Sections 72.03 to 72.11 apply, with any modifications that the circumstances require, in respect of a renewal of, or an amendment to, a licence.

  • Marginal note:Application to cancel licence

    (3) An application to cancel a licence shall be in the form and contain the information that is,

    • (a) if the licence applies with respect to a federal area, prescribed by the regulations; and

    • (b) if the licence applies with respect to lands outside a federal area, required under any territorial law.

Marginal note:Approval to issue, renew, amend or cancel

72.13 A board may issue, renew, amend or cancel — in respect of a federal area or lands outside a federal area — a type A licence, or a type B licence in connection with which a public hearing is held by the board with respect to its issuance, renewal, amendment or cancellation, only with the approval of the federal Minister.

Marginal note:Assignment
  • 72.14 (1) Any sale or other disposition of any right, title or interest, of a licensee who holds a licence in respect of a federal area, in an appurtenant undertaking constitutes, without further action by the licensee, an assignment of the licence to the person or persons to whom the sale or other disposition is made if the assignment of the licence was authorized by a board.

  • Marginal note:Authorization of assignment

    (2) A board shall authorize the assignment of a licence if it is satisfied that neither the sale or other disposition of any right, title or interest of the licensee in the appurtenant undertaking at the time, in the manner and on the terms and conditions agreed to by the licensee, nor the operation of the appurtenant undertaking by the prospective assignee would be likely to result in a contravention of, or failure to comply with, any condition of the licence or any provision of this Act or the regulations.

  • Marginal note:Licence not otherwise assignable

    (3) Except as provided in this section, a licence in respect of a federal area is not assignable.

Public Hearings and Procedure

Marginal note:Optional hearing
  • 72.15 (1) If a board is satisfied that it would be in the public interest, it may hold a public hearing in connection with any matter relating to its objects, including, in respect of a federal area or lands outside a federal area,

    • (a) the issuance or renewal of, or an amendment to, a type B licence;

    • (b) an amendment to a type A licence under which neither the use, flow or quality of waters nor the term of the licence would be altered; and

    • (c) the cancellation of a type B licence under subparagraph 72.12(1)(c)(i).

  • Marginal note:Mandatory hearing

    (2) Subject to subsection (3), the board shall hold a public hearing if it is considering, in respect of a federal area,

    • (a) the issuance or renewal of a type A licence;

    • (b) an amendment to a type A licence under which the use, flow or quality of waters, or the term of the licence, would be altered;

    • (c) the cancellation of a type A licence under paragraph 72.12(1)(c); or

    • (d) the cancellation of a type B licence under subparagraph 72.12(1)(c)(ii) or (iii).

  • Marginal note:Exception

    (3) Subsection (2) does not apply

    • (a) if, after giving notice of a public hearing under section 72.16, the board receives no notification on or before the 10th day before the day of the proposed hearing that any person or body intends to appear and make representations and the applicant or the licensee, as the case may be, consents in writing to the disposition of the matter without a public hearing;

    • (b) if, in the case of a renewal of a type A licence, the licensee has filed with the board an application for renewal in accordance with the regulations made under paragraphs 90.3(1)(d) and (e) and the term of the renewal or renewals granted by the board does not exceed 60 days in the aggregate; or

    • (c) if, in the case of an amendment to a type A licence under which the use, flow or quality of waters would be altered, the board, with the consent of the federal Minister, declares the amendment to be required on an emergency basis.

Marginal note:Notice of applications
  • 72.16 (1) Subject to subsection (4), a board shall give notice of each application made to it — in respect of a federal area or lands outside a federal area — by publishing the application in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate.

  • Marginal note:Notice of public hearing

    (2) Subject to subsection (4), a board shall give notice of a public hearing to be held by it by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate. The day fixed for the public hearing shall be at least 35 days after the day on which the requirements of this subsection have been met.

  • Marginal note:Public hearing not held

    (3) Subject to subsection (4), if a public hearing is not held by a board in connection with an application, the board may not act on the application until at least 10 days after the requirements of subsection (1) have been met.

  • Marginal note:Exception

    (4) Subsections (1) to (3) do not apply in respect of an application for the amendment of a licence if a board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.

Marginal note:Notice — federal area
  • 72.17 (1) A board shall give notice of its intention to consider, on its own initiative, the renewal of a licence under paragraph 72.12(1)(a), or the amendment of a condition of a licence under subparagraph 72.12(1)(b)(ii) or (iii), by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate.

  • Marginal note:Notice — lands outside a federal area

    (2) A board shall give notice of its intention to consider, on its own initiative, the renewal, or the amendment of a condition, of a licence in respect of lands outside a federal area in accordance with any territorial law by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate.

  • Marginal note:Exception

    (3) Subsections (1) and (2) do not apply in respect of an application for the amendment of a licence if a board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.

Marginal note:Time limit — type A licence and type B licence
  • 72.18 (1) With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(1) or (2).

  • Marginal note:Referral to Minister for approval

    (2) If the board decides to issue, renew or amend the licence, that decision shall be immediately referred to the federal Minister for approval.

  • Marginal note:Decision of Minister and reasons

    (3) The federal Minister shall, within 45 days after the board’s decision is referred to him or her, notify the board whether or not the decision is approved and, if it is not approved, provide written reasons in the notification.

  • Marginal note:Extension of time limit

    (4) The federal Minister may extend the 45-day time limit by not more than an additional 45 days if he or she notifies the board of the extension within the first 45 days.

  • Marginal note:Absence of decision

    (5) If the federal Minister does not notify the board whether or not the decision is approved within the time limit referred to in subsection (3) or (4), whichever is applicable, the federal Minister is deemed to have given approval.

Marginal note:Time limit — other type B licences

72.19 With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type B licence in connection with which no public hearing is held or if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(1) or (2).

Marginal note:Time limit — ther licences

72.2 On an application for the issuance, renewal or amendment of a licence in respect of lands outside a federal area — other than a type A or type B licence — or, if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(2).

Marginal note:Day on which application is made

72.21 An application for the issuance, renewal or amendment of a licence is considered to be made on the day on which the board is satisfied that the application is in the form, and contains all of the information,

  • (a) if the licence applies with respect to a federal area, prescribed by the regulations; and

  • (b) if the licence applies with respect to lands outside a federal area, required under any territorial law.

Marginal note:Excluded period — information or studies
  • 72.22 (1) If the board requires the applicant or the licensee to provide information or studies, then the period that is taken by that applicant or licensee, in the board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection 72.18(1), section 72.19 or 72.2 or of its extension.

  • Marginal note:Excluded period — environmental assessment, etc.

    (2) If the proposed use of waters or deposit of waste to which the application or the licence relates is part of a proposed development in respect of which an environmental assessment, an environmental impact review or an examination of impacts on the environment that stands in lieu of an environmental impact review is conducted under Part 5, then the period that is taken to complete that assessment, review or examination is not included in the calculation of the time limit under subsection 72.18(1), section 72.19 or 72.2 or of its extension.

Marginal note:Suspension of time limit

72.23 A board may suspend a time limit referred to in subsection 72.18(1) or section 72.19 or 72.2 or its extension

  • (a) if the board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 72.03(5), until the applicant satisfies the board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;

  • (b) if the board is not permitted to issue a licence except in accordance with subsection 72.05(1), until the applicant has entered into a compensation agreement under paragraph 72.05(1)(a) or until a determination of compensation has been made under paragraph 72.05(1)(b), as the case may be;

  • (c) if the board is not permitted to issue a licence with respect to lands outside a federal area except in accordance with any compensation requirement under any territorial law, until the requirement has been fulfilled; or

  • (d) if the board determines that the applicant is required to enter into a compensation agreement under section 77 or 79.1, until the applicant satisfies the board that they have done so or the board has determined, under section 79 or 79.3, the compensation payable by the applicant.

Marginal note:Extension of time limit by federal Minister
  • 72.24 (1) The federal Minister may, at the request of the board, extend the time limit referred to in subsection 72.18(1), section 72.19 or 72.2 by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.

  • Marginal note:Extension of time limit by Governor in Council

    (2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (1) any number of times.

Marginal note:Reasons — decisions and orders

72.25 A board shall issue, and make available to the public, written reasons for its decisions or orders relating to any licence, or any application for a licence, in respect of a federal area or lands outside a federal area.

Rights and Duties of Licensees and Others With Authorizations to Use Waters

Marginal note:Precedence
  • 72.26 (1) If more than one person has a licence, or other authorization to use waters issued by any authority responsible for the management of waters in the Northwest Territories or in Nunavut, in respect of a federal area, the person who first applied is entitled to the use of the waters in accordance with that person’s licence or authorization in precedence over the other persons.

  • Marginal note:Amendments to a licence or authorization

    (2) Subsection (1) applies, with any modifications that the circumstances require, in respect of any rights a person acquires through an amendment to that person’s licence or authorization.

  • Marginal note:Renewal or assignment of a licence or authorization

    (3) Subject to subsection (2), a licence or authorization that has been renewed or assigned shall, for the purposes of this section, be deemed to be a continuation of the original licence or authorization.

Marginal note:Right to sue for compensation
  • 72.27 (1) Except as otherwise provided by a compensation agreement referred to in subparagraph 72.03(5)(a)(ii), a person who is adversely affected as a result of the issuance of a licence in respect of a federal area or a use of waters or deposit of waste authorized by regulations made under paragraph 90.3(1)(m) or (n) is entitled to be compensated by the licensee, authorized user or authorized waste depositor in respect of that adverse effect, and may sue for and recover any such compensation in any court of competent jurisdiction.

  • Marginal note:Rights protected

    (2) A person is not barred from exercising any rights conferred by subsection (1) merely because of having been paid the compensation referred to in subsection 72.03(5), or because of having been paid compensation under paragraph 72.11(2)(a) or under a compensation agreement referred to in subparagraph 72.03(5)(a)(ii).

Marginal note:Copies of licences

72.28 A board shall provide the territorial Minister with copies of licences issued under this Part and of any decisions and orders relating to such licences.

 

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