DECISIONS

Reasons for decisions

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

Copies of decisions to parties

(2) The Board shall send a copy of its decision

    (a) to the applicant or licensee;

    (b) where the affected waters are on or flowing through Inuit-owned land, to the designated Inuit organization; and

    (c) to any other person with a right to compensation pursuant to section 57 or 59.

Decisions final

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

Appeal to Federal Court

79. (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 thirty 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.

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.

REGULATIONS AND ORDERS

Regulations

80. (1) The Governor in Council may, on the recommendation of the federal 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 subsection 2(1),

      (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, con centration and types of waste that may be deposited;

    (e) prescribing the manner in which a report under subsection 11(2) is to be made;

    (f) on the recommendation of the Board or after consultation with the Board, prescrib ing the classes of applications in relation to licences that do not require a public hear ing;

    (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 purposes of subsection 22(1);

    (i) in relation to the security referred to in subsection 74(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 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 national parks;

    (k) prescribing effluent standards in Nuna vut, except in national parks;

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

    (m) prescribing the fees to be paid

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

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

      (iii) for inspection of the register maintained pursuant to section 76;

    (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 Act, and to submit to the Board, on a monthly, quarterly, semi-annual or annual basis, reports containing specified informa tion on any of their operations;

    (p) requiring persons who deposit waste in waters in Nunavut, except in national parks, to submit representative samples of the waste to the Board for analysis or to analyse representative samples and submit the re sults 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 pursuant to section 76 and the information to be entered in it;

    (s) respecting the duties of persons desig nated as analysts pursuant to section 83; and

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

Concurrence of Board

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

Variation in regulations

(3) 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.

Reservation of water rights

81. (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 prohibit a use of waters or a deposit of waste without a licence that would otherwise be authorized by the regulations,

    (a) in order to enable comprehensive evalu ation and planning to be carried out with respect to those waters; or

    (b) where the use and flow 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.

Licences of no effect

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

Recommenda-
tions to federal Minister

82. The Board may, and at the request of the federal 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 80 or 81 to make regulations or orders.

ENFORCEMENT

Inspectors and analysts

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

Certificate to be produced

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

Powers of inspection

84. (1) For the purpose of ensuring compliance with this Act, 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 be lieves, 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.

Books, records or documents

(2) An inspector who enters any place pursuant to 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.

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.

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 Act, and shall furnish the inspector with such information for purposes of the administration of this Act as the inspector may reasonably request.

Remedial measures

85. (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 10(1) or of a condition of a licence,

      (ii) waste has been or may be deposited in contravention of subsection 11(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 environ ment.

Report to federal Minister

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

Review by federal Minister

(3) Where an inspector gives a direction to a person pursuant to subsection (1), the federal 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.

Powers of inspector

(4) Where a person fails to comply with a direction given pursuant to 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.

Recovery of Her Majesty's costs

(5) Any portion of the reasonable costs incurred by Her Majesty in right of Canada pursuant to subsection (4) that is not recoverable from the security furnished and maintained pursuant to section 74 may be recovered as a debt due to Her Majesty from the person to whom the direction was given.

Obstruction

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

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 Act.

Where work closed or abandoned

87. (1) Where the federal 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 Act 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 federal 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.

Recovery of Her Majesty's costs

(2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada pursuant to subsection (1) that is not recoverable from the security furnished and maintained pursuant to section 74 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).