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

Act current to 2020-05-17 and last amended on 2019-08-28. Previous Versions

PART 1Nunavut Waters (continued)

DIVISION 3General (continued)

Regulations and Orders (continued)

Marginal note:Reservation of water rights

  •  (1) The Governor in Council may, by order, direct the Board not to issue licences permitting the use of, or the deposit of waste directly or indirectly into, any waters specified in the order, or may prohibit a use of waters or a deposit of waste that would otherwise be authorized under paragraph 82(1)(c) or (d)

    • (a) in order to enable comprehensive evaluation and planning to be carried out with respect to those waters, including planning by the Nunavut Planning Commission; or

    • (b) where the use of those waters or the maintenance of their quality is required in connection with an undertaking that is, in the opinion of the Governor in Council, in the public interest.

  • Marginal note:Licences of no effect

    (2) A licence issued in contravention of an order made under subsection (1) is of no force or effect.

Marginal note:Recommendations to Minister

 The Board may, and at the request of the Minister shall, make such recommendations to the Minister as it considers appropriate concerning any matter in respect of which the Governor in Council is authorized by section 82 or 83 to make regulations or orders.

Enforcement

Marginal note:Inspectors and analysts

  •  (1) The Minister may designate any qualified person as an inspector or analyst for the purposes of this Part.

  • Marginal note:Certificate to be produced

    (2) The Minister shall furnish every inspector with a certificate of designation as an inspector, and an inspector shall, if so requested, produce the certificate to the person in charge of any place entered by the inspector.

Marginal note:Powers of inspection

  •  (1) For the purpose of ensuring compliance with this Part, the regulations or a licence, an inspector may, subject to subsection (3), at any reasonable time,

    • (a) enter any place in Nunavut in which the inspector believes, on reasonable grounds,

      • (i) a work is being constructed that, on completion, will form part of an appurtenant undertaking, or

      • (ii) any alteration or extension is being carried out on a work that forms part of an appurtenant undertaking;

    • (b) conduct such inspections of a work described in paragraph (a) as the inspector considers necessary in order to determine

      • (i) whether plans and specifications forming part of an application for a licence, filed with the Board by the person constructing the work, are being complied with, or

      • (ii) whether the alteration or extension of the work is likely to result in a contravention of any condition of a licence; and

    • (c) enter any place in Nunavut, except in a national park, in which the inspector believes, on reasonable grounds, that

      • (i) waters are being used,

      • (ii) there is being or has been carried out any process that may produce or has produced waste, or

      • (iii) there is any waste that may be added to waters,

      and, in that place, examine any works, waters or waste, open any container that the inspector believes, on reasonable grounds, contains any waters or waste, and take samples of any such waters or waste.

  • Marginal note:Books, records or documents

    (2) An inspector who enters any place under subsection (1) may examine and copy any books, records or documents in that place that the inspector believes, on reasonable grounds, contain any information relating to the object of the inspection or examination under that subsection.

  • Marginal note:Exception for dwelling-place

    (3) An inspector may not enter a place that is designed to be used and is being used as a permanent or temporary private dwelling-place.

  • Marginal note:Assistance to inspectors

    (4) The owner or person in charge of any place referred to in this section and every person found in the place shall give an inspector all reasonable assistance to enable the inspector to carry out the inspector’s functions under this Part, and shall furnish the inspector with such information for purposes of the administration of this Part as the inspector may reasonably request.

Marginal note:Remedial measures

  •  (1) An inspector may direct any person to take such reasonable measures as the inspector may specify, including the cessation of an activity, to prevent the use of waters or the deposit of waste or the failure of a work related to the use of waters or the deposit of waste, or to counteract, mitigate or remedy the resulting adverse effects, where the inspector believes, on reasonable grounds,

    • (a) that

      • (i) waters have been or may be used in contravention of subsection 11(1) or of a condition of a licence,

      • (ii) waste has been or may be deposited in contravention of subsection 12(1) or of a condition of a licence, or

      • (iii) there has been, or may be, a failure of a work related to the use of waters or the deposit of waste, whether or not there has been compliance with any standards prescribed by the regulations or imposed by a licence; and

    • (b) that the adverse effects of that use, deposit or failure are causing, or may cause, a danger to persons, property or the environment.

  • Marginal note:Report to Minister

    (2) The inspector shall advise the Minister and the Board of any direction given under subsection (1).

  • Marginal note:Review by Minister

    (3) Where an inspector gives a direction to a person under subsection (1), the Minister may, and if so requested by the person shall, review the direction without delay, and after completion of the review may alter or revoke the direction.

  • Marginal note:Powers of inspector

    (4) Where a person fails to comply with a direction given under subsection (1), the inspector may take the measures referred to in that subsection and may, for that purpose, enter any place in Nunavut, other than a place that is designed to be used and is being used as a permanent or temporary private dwelling-place.

  • Marginal note:Recovery of Her Majesty’s costs

    (5) Any portion of the reasonable costs incurred by Her Majesty in right of Canada under subsection (4) that is not recoverable from the security furnished and maintained under section 76 may be recovered as a debt due to Her Majesty from the person to whom the direction was given.

Marginal note:Obstruction

  •  (1) No person shall wilfully obstruct or otherwise interfere with an inspector in the carrying out of functions under this Part.

  • Marginal note:False statements

    (2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector or other person engaged in carrying out functions under this Part.

Marginal note:Where work closed or abandoned

  •  (1) Where the Minister believes, on reasonable grounds, that

    • (a) a person has closed or abandoned, temporarily or permanently, a work related to the use of waters or the deposit of waste in Nunavut, except in a national park, and

    • (b) either

      • (i) the person has contravened any condition of a licence or any provision of this Part or the regulations, whether or not the condition or provision relates to the closure or abandonment, or

      • (ii) the past operation of the work or its closure or abandonment may cause a danger to persons, property or the environment,

    the Minister may take any reasonable measures to prevent, counteract, mitigate or remedy any resulting adverse effect on persons, property or the environment and may, for that purpose, enter any place in Nunavut, other than a place that is designed to be used and is being used as a permanent or temporary private dwelling-place.

  • Marginal note:Recovery of Her Majesty’s costs

    (2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada under subsection (1) that is not recoverable from the security furnished and maintained under section 76 may be recovered as a debt due to Her Majesty from the person who closed or abandoned the work, to the extent that the incurring of those costs resulted from a contravention of a condition or provision referred to in subparagraph (1)(b)(i).

Offences and Punishment

Marginal note:Principal offences

  •  (1) Every person is guilty of an offence who contravenes subsection 11(1), section 12 or section 88 or who fails to comply with subsection 11(3) or with a direction given by an inspector under subsection 87(1).

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) is liable on summary conviction,

    • (a) for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and

    • (b) for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both.

  • 2002, c. 10, s. 90
  • 2015, c. 19, s. 49
 
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