Mackenzie Valley Resource Management Act (S.C. 1998, c. 25)

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.