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

Act current to 2020-07-28 and last amended on 2019-08-28. Previous Versions

PART 1Nunavut Waters (continued)

DIVISION 2Licences (continued)

Time Limits (continued)

Marginal note:Day on which application is made

 An application is considered to be made on the day on which the Board is satisfied that the application meets all the requirements under subsections 48(1) and (2).

  • 2015, c. 19, s. 44
Calculation of Time Limit

Marginal note:Commencement of time limit

 If the Board is cooperating and coordinating with the Nunavut Planning Commission under subsection 36(2) or with the Nunavut Impact Review Board, a federal environmental assessment panel or a joint panel under subsection 37(1), the time limit referred to in section 55.2 does not begin to run until the Nunavut Planning Commission, Nunavut Impact Review Board, federal environmental assessment panel or joint panel, as the case may be, has completed its screening or review of the project.

  • 2015, c. 19, ss. 44, 55

Marginal note:Excluded period — information or studies required

 If the Board requires an applicant or a licensee to provide information or studies, the period that, in the Board’s opinion, is taken by the applicant or licensee to comply with that requirement is not included in the calculation of the time limit under section 55.2 or its extension.

  • 2015, c. 19, s. 44

Marginal note:Suspension of time limit

 The Board may suspend the time limit referred to in section 55.2 or its extension

  • (a) if the Board ceases to process or rejects an application under section 38 or 39, until it resumes processing the application;

  • (b) if the Board determines that an applicant is required to pay the compensation referred to in paragraph 58(b) or to enter into a compensation agreement referred to in paragraph 58(c), until the requirements of paragraph 58(b) or (c), as the case may be, are met;

  • (c) if the Board determines that an applicant is required to pay the compensation referred to in paragraph 60(1)(a) or to enter into a compensation agreement referred to in paragraph 60(1)(b), until the requirements of paragraph 60(1)(a) or (b), as the case may be, are met;

  • (d) if the Board determines that an applicant is required to enter into a compensation agreement referred to in paragraph 63(1)(a) or to pay the compensation referred to in paragraph 63(1)(b), until the requirements of paragraph 63(1)(a) or (b), as the case may be, are met; or

  • (e) if the Board receives notice under subsection 78(1) or 79.2(1) of the Mackenzie Valley Resource Management Act, until the requirements of subsection 78(3) or 79.2(3) of that Act, as the case may be, have been met.

  • 2015, c. 19, s. 44
Extensions

Marginal note:Extension of time limit by Minister

  •  (1) The Minister may, at the request of the Board, extend the time limit referred to in section 55.2 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, by order, on the recommendation of the Minister, further extend the time limit any number of times by periods of any length.

  • 2015, c. 19, s. 44

Conditions of Issuance

Marginal note:Referral to Minister for approval

  •  (1) The Board’s decision with respect to the issuance, amendment, renewal or cancellation of a type A licence or, if a public hearing is held, a type B licence is to be immediately referred to the Minister for approval.

  • Marginal note:Reasons

    (2) Within 45 days after the Minister receives a licence that has been issued, amended or renewed or a notice of cancellation of a licence, the Minister shall make a decision on whether to approve the issuance, amendment, renewal or cancellation of the licence and, if the decision is not to approve, give written reasons for the decision.

  • Marginal note:Extension

    (2.1) The Minister may extend the 45 days referred to in subsection (2) for a further consecutive forty five days, for a total of 90 days, by notifying the Board of the extension within the first 45 days.

  • Marginal note:Absence of decision

    (2.2) If the Minister does not make a decision within the forty five or ninety days referred to in subsection (2) or (2.1) respectively, whichever is applicable, the Minister is deemed to have approved the issuance, amendment, renewal or cancellation, as the case may be.

  • Marginal note:Limitation

    (3) The disagreement of the Minister with the amount of compensation determined under paragraph 63(1)(b) is not sufficient reason for the Minister to withhold approval in respect of a licence for a use of waters or deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land.

  • Marginal note:Copies of decisions to parties

    (4) The Minister shall send a copy of the Minister’s decision and, in the case of a decision to withhold approval, the reasons for the decision

    • (a) to the Board;

    • (b) to the applicant or licensee;

    • (c) where the affected waters are ones in respect of which section 63 applies, to the designated Inuit organization; and

    • (d) to any other person with a right to compensation under section 58 or 60.

  • 2002, c. 10, s. 56
  • 2015, c. 19, s. 45

Marginal note:Conditions for issuance of licence

 The Board may not issue a licence unless the applicant satisfies the Board that

  • (a) any waste produced by the appurtenant undertaking will be treated and disposed of in a manner that is appropriate for the maintenance of the water quality standards and effluent standards that are prescribed by the regulations or, in the absence of such regulations, that the Board considers acceptable; and

  • (b) 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) such measures as may be required in mitigation of any adverse impact, and

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

Marginal note:Compensation of existing users

 The Board may not issue a licence unless the applicant, with respect to any person, other than an instream user, who would be entitled to use waters in precedence to the applicant under section 47,

  • (a) satisfies the Board that the use of waters or the deposit of waste would have no adverse effects on the use of waters by that person;

  • (b) satisfies the Board that any adverse effects caused by the use of waters or the deposit of waste would not be significant, and has paid or undertaken to pay the compensation that the Board considers appropriate to that person; or

  • (c) has entered into an agreement to compensate that person for any adverse effects.

Marginal note:Failure to respond

 In the circumstances described in paragraph 58(b), an applicant need not compensate the person under section 58 if the person fails to respond to the notice of application given under subsection 55(1) within the time period specified in the notice for making representations to the Board.

Marginal note:Compensation of other users

  •  (1) The Board may not issue a licence unless

    • (a) the applicant satisfies the Board that compensation that the Board considers appropriate has been or will be paid by the applicant to any person who would be adversely affected by the proposed use of waters or deposit of waste and who, at the time the application was filed,

      • (i) used waters for a domestic purpose in the Northwest Territories or in Nunavut,

      • (ii) held a licence that was issued under this Act, the Mackenzie Valley Resource Management Act or a law of the Legislature of the Northwest Territories to deposit waste in the Northwest Territories or in Nunavut,

      • (iii) was an instream user in the Northwest Territories or in Nunavut,

      • (iv) was — as authorized by regulations made under this Act or a law of the Legislature of the Northwest Territories — using waters or depositing waste in the Northwest Territories or in Nunavut without a licence that was issued under this Act, the Mackenzie Valley Resource Management Act or a law of the Legislature of the Northwest Territories,

      • (v) was an owner or an occupier of land in the Northwest Territories or in Nunavut, or

      • (vi) was a holder of an outfitting concession, a registered trapline or other rights of a similar nature in the Northwest Territories or in Nunavut; or

    • (b) the applicant has entered into an agreement to compensate any person described in subparagraphs (a)(i) to (vi) who would be adversely affected.

  • Marginal note:Failure to respond

    (2) Subsection (1) does not apply in respect of a person referred to in that subsection who fails to respond to the notice of application given under subsection 55(1) within the time period specified in that notice for making representations to the Board.

  • Marginal note:Inuit-owned land

    (3) Where subsection 63(1) applies in respect of adverse effects on any person described in subparagraphs (1)(a)(i) to (vi) that are caused by a use of waters or a deposit of waste that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, subsection (1) does not apply in respect of those effects for which compensation has already been paid, has been agreed to be paid or has been determined by the Board pursuant to subsection 63(1).

  • 2002, c. 10, s. 60
  • 2014, c. 2, s. 53
 
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