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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 2Licences (continued)

Public Register

Marginal note:Public register

  •  (1) The Board shall maintain at its main office, in the form prescribed by the regulations, a register convenient for use by the public, in which shall be entered, with respect to each application filed with the Board and with respect to each licence issued by it, such information as is prescribed by the regulations.

  • Marginal note:Register to be open to inspection

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

  • Marginal note:Copies of contents of register

    (3) The Board shall, on request and on payment of the fee fixed by the Board, make available copies of information contained in the register.

Decisions

Marginal note:Reasons for decisions

  •  (1) The Board shall issue, and make available to the public, written reasons for its decisions relating to any licence or application.

  • Marginal note:Copies of decisions to parties

    (2) The Board shall send a copy of its decision and the reasons for it

    • (a) to the applicant or licensee;

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

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

Marginal note:Decisions final

 Except as provided in this Part, every decision of the Board is final.

Marginal note:Appeal to Federal Court

  •  (1) An appeal may be taken from a decision of the Board to the Federal Court on a question of law, or a question of jurisdiction, on leave being obtained from that Court on application made within forty-five days after the making of that decision or within such further time as that Court or a judge of that Court allows under special circumstances.

  • Marginal note:Time limit

    (2) No appeal may be proceeded with unless it is entered in the Federal Court within sixty days after the making of the order granting leave to appeal.

Cost Recovery

Marginal note:Obligation to pay costs

  •  (1) For the Minister to recover costs that are incurred in relation to the consideration of an application for a licence or for the renewal, amendment or cancellation of a licence, the applicant or a licensee shall pay to the Minister

    • (a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Board or of its members;

    • (b) any costs incurred by the Board for services that are prescribed by the regulations and that are provided to it by a third party; and

    • (c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Minister.

  • Marginal note:Debt due to Her Majesty

    (2) The amounts and costs that the applicant or a licensee must pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

  • 2015, c. 19, s. 47

DIVISION 3General

Regulations and Orders

Marginal note:Regulations

  •  (1) The Governor in Council may, on the recommendation of the Minister, make regulations

    • (a) establishing water management areas in Nunavut consisting of river basins or other geographical areas;

    • (b) for the purposes of paragraphs (b) to (d) of the definition waste in section 4,

      • (i) specifying substances and classes of substances,

      • (ii) prescribing quantities or concentrations of substances and classes of substances, and

      • (iii) describing treatments of or changes to water;

    • (c) authorizing the use without a licence of waters in Nunavut, except in a national park, for the purpose, in the quantity, at the rate, during the period and subject to the conditions specified in the regulations;

    • (d) authorizing the deposit of waste without a licence in Nunavut, except in a national park, and specifying the conditions of the deposit, including the quantities, concentration and types of waste that may be deposited;

    • (e) prescribing the manner in which a report under subsection 12(3) is to be made;

    • (f) on the advice of the Board or after consultation with the Board, exempting any class of applications in relation to licences from the requirement of a public hearing;

    • (g) prescribing the criteria to be applied by the Board in determining, on an application for a licence, whether the proposed use of waters or deposit of waste requires a type A or a type B licence;

    • (h) prescribing what constitutes a material conflict of interest for the purpose of subsection 23(1);

    • (h.1) prescribing classes of appurtenant undertakings for the purposes of a type A licence described in paragraph 45(a);

    • (i) in relation to the security referred to in subsection 76(1),

      • (i) prescribing the form and nature of the security and the terms and conditions on which it is to be furnished and maintained, and

      • (ii) prescribing the amount of the security or the manner of determining the amount of the security or authorizing the Board to fix that amount in accordance with the regulations;

    • (j) prescribing water quality standards in Nunavut, except in a national park;

    • (k) prescribing effluent standards in Nunavut, except in a national park;

    • (l) prescribing standards for the design, construction, operation and maintenance of works used in relation to appurtenant undertakings;

    • (m) prescribing the fees to be paid

      • (i) for the right to use waters or deposit waste in waters under a licence,

      • (ii) for the filing of any application with the Board, and

      • (iii) for inspection of the register maintained under section 78;

    • (n) prescribing the times at which and the manner in which the fees prescribed under paragraph (m) shall be paid;

    • (o) requiring persons who use waters or deposit waste in waters in Nunavut, except in a national park, to maintain books and records for the proper enforcement of this Part, and to submit to the Board, on a monthly, quarterly, semi-annual or annual basis, reports containing specified information on any of their operations;

    • (p) requiring persons who deposit waste in waters in Nunavut, except in a national park, to submit representative samples of the waste to the Board for analysis or to analyse representative samples and submit the results to the Board;

    • (q) respecting the taking of representative samples of waters or waste and respecting the method of analysing those samples;

    • (r) prescribing the form of the register to be maintained under section 78 and the information to be entered in it;

    • (r.1) respecting the recovery of amounts and costs for the purposes of section 81.1, including prescribing amounts and services for the purposes of that section and exempting any class of applicants or licensees from the application of that section;

    • (s) respecting the duties of persons designated as analysts under section 85; and

    • (t) generally, for carrying out the purposes and provisions of this Part.

  • Marginal note:Concurrence of Board

    (2) For the purposes of paragraphs (1)(a), (c) and (d), the recommendation of the Minister is subject to the concurrence of the Board.

  • Marginal note:Consultation with the Board

    (3) For the purposes of paragraph (1)(b), the recommendation of the Minister shall be made after consultation with the Board.

  • Marginal note:Variation in regulations

    (4) Regulations made under subsection (1) may vary, among water management areas established under paragraph (1)(a), according to the use of waters, the purpose of that use and the quantity and rate of flow of waters used, and the quantities, concentrations and types of waste deposited or any other criteria.

  • 2002, c. 10, s. 82
  • 2015, c. 19, s. 48
 
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