Mackenzie Valley Federal Areas Waters Regulations (SOR/93-303)

Applications for Assignment

• 10 (1) The authorization of a board for the assignment of a licence referred to in section 72.14 of the Act may be obtained by submitting an application, accompanied by the fee set out in section 7, to the board established for the relevant water management area not less than 45 days before the date on which the applicant proposes to assign the licence.

• (2) An application referred to in subsection (1) shall be signed by the assignor and the assignee and shall include the name and address of the assignee.

Applications for Cancellation

11 An application for cancellation of a licence shall be in writing and set out the reason for the requested cancellation and a description of the measures taken or proposed to be taken, prior to cancellation, for abandonment of the appurtenant undertaking.

Security

• 12 (1) A board may fix the amount of security required to be furnished by an applicant under subsection 72.11(1) of the Act in an amount not exceeding the aggregate of the costs of

  • (a) abandonment of the undertaking;

  • (b) restoration of the site of the undertaking; and

  • (c) any ongoing measures that may remain to be taken after the abandonment of the undertaking.

• (2) In fixing an amount of security under subsection (1), a board may have regard to

  • (a) the ability of the applicant, licensee or prospective assignee to pay the costs referred to in that subsection; or

  • (b) the past performance by the applicant, licensee or prospective assignee in respect of any other licence.

• (3) Security referred to in subsection (1) shall be in the form of

  • (a) a promissory note guaranteed by a bank in Canada and payable to the Receiver General;

  • (b) a certified cheque drawn on a bank in Canada and payable to the Receiver General;

  • (c) [Repealed, SOR/2016-130, s. 9]

  • (d) an irrevocable letter of credit from a bank in Canada; or

  • (e) cash.

13 [Repealed, SOR/2016-130, s. 10]

Public Register

• 14 (1) The register referred to in section 68 of the Act shall be in the form of one or more files in respect of each licence application.

• (2) Each file referred to in subsection (1) shall contain

  • (a) a copy of the application and of all supporting documents;

  • (b) all records from any public hearing held in connection with the application;

  • (c) a copy of any licence issued in respect of the application and the board’s reasons for decision in respect of its issuance; and

  • (d) all correspondence and documents submitted to the board in respect of compliance with the conditions of any licence issued in respect of the application.

Reports

• 15 (1) Every licensee shall maintain accurate and detailed books and records and shall submit a report each year to the board that issued the licence, on or before the anniversary of the date of issuance of the licence, setting out the quantity of water used under the licence and the quantity, concentration and type of any waste deposited under the licence.

• (2) A report submitted pursuant to subsection (1) shall be signed by

  • (a) the licensee, where the licensee is an individual; or

  • (b) an authorized agent of the licensee, where the licensee is not an individual.