PART 1Nunavut Waters (continued)
DIVISION 2Licences (continued)
Conditions of Issuance (continued)
Marginal note:Factors in determining compensation
61 In determining whether compensation is appropriate for the purpose of paragraph 58(b) or subsection 60(1), the Board shall consider all relevant factors, including
(a) provable loss or damage;
(b) potential loss or damage;
(c) any adverse effect on the quality, quantity or flow of waters;
(d) the extent of the use of waters by persons who would be adversely affected;
(e) any nuisance, inconvenience or disturbance, including noise; and
(f) the cumulative effects of the use of waters or deposits of waste proposed by the applicant and any existing uses of waters and deposits of waste.
Marginal note:Priority of use
62 In relation to Inuit-owned land, any existing use of waters by Inuit has priority over any licensed use or deposit of waste by any person who has a mineral right.
Marginal note:Compensation agreements
63 (1) The Board shall not issue a licence in respect of a use of waters or a deposit of waste that may substantially affect 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 change; or
(b) where there is no agreement referred to in paragraph (a), the Board has, on the request of the applicant or the designated Inuit organization, made a determination of the appropriate compensation.
Marginal note:Payment of compensation
(2) The payment of compensation referred to in paragraph (1)(b) shall be a condition of the licence.
(3) Unless otherwise determined by the Board, costs incurred by the designated Inuit organization as a result of a request referred to in paragraph (1)(b) shall be paid by the applicant.
Marginal note:Use outside Nunavut
64 (1) On request by the designated Inuit organization or a person who has applied to the water authority responsible for the management of waters outside Nunavut, but within the Northwest Territories, for a licence or other authorization in relation to a use of waters or a deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land, the Board shall collaborate with that authority to reach a joint determination on the compensation to be paid.
(2) Unless determined otherwise by the Board, costs incurred by the designated Inuit organization as a result of a request referred to in subsection (1) shall be paid by the applicant.
65 For greater certainty, sections 63 and 64 apply where a body of water 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:Negotiation to be in good faith
66 A request referred to in paragraph 63(1)(b) or subsection 64(1) shall not be considered by the Board unless the requester has negotiated in good faith and has been unable to reach an agreement.
Marginal note:Factors in determining compensation
(a) the adverse effects of the change in the quality, quantity or flow of waters on Inuit-owned land;
(b) the nuisance, inconvenience or disturbance, including noise, caused by the change;
(c) the cumulative effects of the change 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
(2) Unless otherwise agreed by the designated Inuit organization and the applicant, where the Board has made a determination of compensation under paragraph 63(1)(b) or subsection 64(1), the Board shall provide, where the nature and duration of the use or deposit of waste warrant it, for the periodic review and periodic payment of that compensation.
Marginal note:National parks in Nunavut
68 Sections 63 and 65 to 67 apply in respect of a use of waters or a deposit of waste that is within the jurisdiction of the authority responsible for the management of waters in a national park in Nunavut and
(a) any reference in those provisions, except paragraph 63(1)(b), to the Board is deemed to be a reference to that authority; and
(b) any reference in section 63 to a licence is deemed to be a reference to an authorization to use waters or deposit waste given by the authority.
Marginal note:Gwich’in Sahtu lands
69 Where the Board has been notified under subsection 78(1) of the Mackenzie Valley Resource Management Act, it may not issue a licence for a use of waters or deposit of waste referred to in that subsection unless the requirements of subsection 78(3) of that Act are satisfied.
Conditions of Licences
Marginal note:Powers of Board
(a) the manner in which waters may be used;
(b) the quantity, concentration and types of waste that may be deposited and the manner of depositing waste;
(c) the studies to be undertaken, works to be constructed, plans, including contingency plans, to be submitted, and monitoring programs to be undertaken; and
(d) any future closing or abandonment of the appurtenant undertaking.
Marginal note:Monitoring programs
(2) The monitoring programs referred to in paragraph (1)(c) may specify responsibilities of the applicant, the Nunavut Impact Review Board or Her Majesty in right of Canada.
Marginal note:Terms and Conditions
(3) The Board shall, to the extent of its jurisdiction and authority under this Act to do so, incorporate the terms and conditions referred to in subsection 136(1) of the Nunavut Planning and Project Assessment Act in a licence that is issued in respect of the use of waters or deposit of waste or the appurtenant undertaking to which that use or deposit relates.
- 2002, c. 10, s. 70
- 2013, c. 14, s. 9
Marginal note:Purpose of conditions
71 In fixing the conditions of a licence, the Board shall make all reasonable efforts to minimize
(a) any adverse effects of the licensed use of waters or deposit of waste on aquatic ecosystems and on the persons who are entitled to be paid compensation under section 58 or 60;
(b) any interference by any person referred to in section 62 with the existing use of waters by the Inuit, whether that use is or is not licensed; and
(c) any loss or damage described in section 63.
Marginal note:Conditions of waste deposit
72 The conditions in a licence relating to the deposit of waste in waters shall
(a) be based on the water quality standards prescribed for those waters by the regulations, if any; and
(b) be at least as stringent as the effluent standards prescribed for those waters by the regulations, if any.
Marginal note:Regulations under Fisheries Act
73 Where the Board issues a licence in respect of any waters to which regulations made under subsection 36(5) of the Fisheries Act apply, any conditions in the licence relating to the deposit of waste in those waters shall be at least as stringent as the conditions prescribed by those regulations.
Marginal note:Conditions relating to design of works
74 A licence shall include conditions that are at least as stringent as any standards prescribed by the regulations for the design, construction, operation and maintenance of works used in relation to appurtenant undertakings.
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