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His Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
respecting the water resources of Nunavut''.
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This enactment implements the water management provisions of the
land claims agreement between the Inuit of the Nunavut Settlement
Area and Her Majesty the Queen in right of Canada. It establishes a new
institution of public government, the Nunavut Water Board, the
members of which are appointed by the Minister of Indian Affairs and
Northern Development.
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The Nunavut Water Board is given powers that are similar to those
given to the Northwest Territories Water Board pursuant to the
Northwest Territories Waters Act. The Board's primary function is to
license uses of water and deposits of waste. The Board is required, in the
exercise of that licensing power, to consider any detrimental effects of
a potential use of waters or a deposit of waste on other water users and
is to hold, where appropriate, public hearings.
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The enactment incorporates the particular requirements of the
Agreement. The main one is that the Board is prohibited from issuing,
renewing or amending a licence in respect of a use of waters or a deposit
of waste that may substantially alter the quality, quantity or rate of flow
of waters through Inuit-owned land unless the applicant has entered into
an agreement with the Inuit to compensate for any loss or damage that
may be caused by the alteration or the Board has made a determination
of the appropriate compensation. The enactment also recognizes the
special rights of Inuit in water on or flowing through their land.
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The Nunavut Water Board is required to work closely with the
Nunavut Planning Commission in the development of land use plans
that affect water and the Nunavut Impact Review Board in relation to the
assessment of environmental and socio-economic impacts of
water-related project proposals in Nunavut.
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Clause 97: These amendments are consequential on
the establishment of a territory of Canada, to be known
as Nunavut, by section 3 of the Nunavut Act, S.C. 1993,
c. 28. That section, which is not yet in force, will come
into force pursuant to subsection 79(1) of that Act on
April 1, 1999 or on such earlier day as the Governor in
Council may fix by order.
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Clause 99: The definition ``analyst'' in section 2 reads
as follows:
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``analyst'' means a person designated as an analyst pursuant to the
Canada Water Act, the Yukon Waters Act or the Northwest Territories
Waters Act;
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Clause 100: Section 12 reads as follows:
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12. The Minister may, with the approval of the Governor in Council,
make an order exempting the Corporation as continued pursuant to
section 10 from the requirement to pay fees for the right to use waters
or deposit waste pursuant to a licence under the Northwest Territories
Waters Act.
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Clause 101 : (1) The definition ``instream user'' in
section 2 reads as follows:
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``instream user'' means a person using waters, otherwise than as
described in paragraph (a), (b) or (c) of the definition ``use'', to earn
income or for subsistence purposes;
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(2) The definition ``territorial lands'' in section 2
reads as follows:
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``territorial lands'' means lands in the Northwest Territories that are
vested in Her Majesty in right of Canada or of which the Government
of Canada has power to dispose;
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(3) and (4) New.
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Clause 102: Section 7 reads as follows:
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7. With the approval of the Governor in Council and subject to any
agreement entered into pursuant to section 5 or 11 of the Canada Water
Act, the Minister may, on behalf of the Government of Canada, enter
into an agreement with a provincial or territorial government providing
for the management of any waters
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(a) situated partially in the Northwest Territories and partially in a
province or the Yukon Territory; or
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(b) flowing between the Northwest Territories and a province or the
Yukon Territory.
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Clause 103: (1) The relevant portion of subsection
8(1) reads as follows:
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8. (1) Except as authorized pursuant to the Dominion Water Power
Act, and subject to subsection (2), no person shall use, or permit the use
of, waters in a water management area except
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(2) The relevant portion of subsection 8(2) reads as
follows:
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(2) Subsection (1) does not apply in respect of the use of waters
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(b) by an instream user; or
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Clause 104: Subsection 9(1) reads as follows:
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9. (1) Except in accordance with the conditions of a licence or as
authorized by regulations made under paragraph 33(1)(n), no person
shall, subject to subsection (2), deposit or permit the deposit of waste
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(a) in any waters in a water management area; or
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(b) in any other place under conditions in which the waste, or any
other waste that results from the deposit of that waste, may enter any
waters in a water management area.
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Clause 105: Section 12 reads as follows:
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12. The objects of the Board are to provide for the conservation,
development and utilization of waters in a manner that will provide the
optimum benefit therefrom for all Canadians and for the residents of the
Northwest Territories in particular.
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Clause 106: The relevant portion of subsection 14(4)
reads as follows:
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(4) Where an application for a licence is made, the Board shall not
issue a licence unless the applicant satisfies the Board that
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(b) compensation that the Board considers appropriate has been or
will be paid by the applicant to any other applicant described in
clause (a)(i)(B) but to whom paragraph (a) does not apply, and to
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Clause 107: The relevant portion of subsection 15(2)
reads as follows:
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(2) In fixing the conditions of a licence, the Board shall make all
reasonable efforts to minimize any adverse effects of the issuance of the
licence on
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who are such licensees, users, depositors, owners, occupiers or holders,
whether in or outside the water management area to which the
application relates, at the time when the Board is considering the fixing
of those conditions, who would be adversely affected by the use of
waters or deposit of waste proposed by the applicant, and who have
notified the Board in response to the notice of the application given
pursuant to subsection 23(1) and within the time period stipulated in
that notice for making representations to the Board.
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Clause 108: New.
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Clause 109: The relevant portion of subsection 21(1)
reads as follows:
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21. (1) The Board may, where satisfied that it would be in the public
interest, hold a public hearing in connection with any matter relating to
its objects, including, without limiting the generality of the foregoing,
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(b) an amendment to a type A licence pursuant to which neither the
use, flow or quality of waters nor the term of the licence would be
altered; and
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Clause 110: (1) The relevant portion of subsection
31(1) reads as follows:
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31. (1) An applicant for a licence, or a licensee, may apply to the
Board for permission from the Minister to expropriate, in accordance
with the Expropriation Act, land or an interest in land in the Northwest
Territories, and where the Minister, on the recommendation of the
Board, is satisfied that
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(2) Subsection 31(2) reads as follows:
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(2) Where the Minister grants permission under subsection (1), the
applicant or licensee shall so advise the appropriate minister in relation
to Part I of the Expropriation Act.
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(3) Subsection 31(3.4) reads as follows:
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(3.4) Where the applicant or licensee, in mitigation of any injury or
damage caused or likely to be caused to lands by an expropriation,
undertakes
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(a) to abandon or grant, to the owner of the lands or a party interested
in the lands, any portion of its lands or of the land being taken or any
easement, servitude or privilege over or in respect of the land, and
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(b) to construct and maintain any work for the benefit of the owner
or interested person,
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and the owner or person interested accepts the undertaking, the
undertaking is deemed to be an undertaking referred to in paragraph
28(1)(b) of the Expropriation Act, and it may be enforced by the Board
as if it were a condition of the licensee's licence.
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Clause 111: New.
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Clause 113: (1) The definition ``instream user'' in
section 2 reads as follows:
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``instream user'' means a person using waters, otherwise than as
described in paragraph (a), (b) or (c) of the definition ``use'', to earn
income or for subsistence purposes;
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(2) New.
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Clause 114: The relevant portion of subsection 8(2)
reads as follows:
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(2) Subsection (1) does not apply in respect of the use of waters
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(b) by an instream user; or
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Clause 115: The relevant portion of subsection 14(4)
reads as follows:
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(4) Where an application for a licence is made, the Board shall not
issue a licence unless the applicant satisfies the Board that
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(b) compensation that the Board considers appropriate has been or
will be paid by the applicant to any other applicant described in
clause (a)(i)(B) but to whom paragraph (a) does not apply, and to
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who were such licensees, users, depositors, owners, occupiers or
holders, whether in or outside the water management area to which the
application relates, at the time when the applicant filed an application
with the Board in accordance with the regulations made under
paragraphs 33(1)(d) and (e), who would be adversely affected by the
use of waters or deposit of waste proposed by the applicant, and who
have notified the Board in response to the notice of the application given
pursuant to subsection 23(1) and within the time period stipulated in
that notice for making representations to the Board;
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Clause 116: The relevant portion of subsection 15(2)
reads as follows:
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(2) In fixing the conditions of a licence, the Board shall make all
reasonable efforts to minimize any adverse effects of the issuance of the
licence on
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who are such licensees, users, depositors, owners, occupiers or holders,
whether in or outside the water management area to which the
application relates, at the time when the Board is considering the fixing
of those conditions, who would be adversely affected by the use of
waters or deposit of waste proposed by the applicant, and who have
notified the Board in response to the notice of the application given
pursuant to subsection 23(1) and within the time period stipulated in
that notice for making representations to the Board.
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Clause 117: The relevant portion of subsection 21(1)
reads as follows:
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21. (1) The Board may, where satisfied that it would be in the public
interest, hold a public hearing in connection with any matter relating to
its objects, including, without limiting the generality of the foregoing,
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(b) an amendment to a type A licence pursuant to which neither the
use, flow or quality of waters nor the term of the licence would be
altered; and
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Clause 118: (1) Subsection 31(2) reads as follows:
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(2) Where the Minister grants permission under subsection (1), the
applicant or licensee shall so advise the appropriate minister in relation
to Part I of the Expropriation Act.
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(2) Subsection 31(3.4) reads as follows:
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(3.4) Where the applicant or licensee, in mitigation of any injury or
damage caused or likely to be caused to lands by an expropriation,
undertakes
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(a) to abandon or grant, to the owner of the lands or a party interested
in the lands, any portion of its lands or of the land being taken or any
easement, servitude or privilege over or in respect of the land, and
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(b) to construct and maintain any work for the benefit of the owner
or interested person,
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and the owner or person interested accepts the undertaking, the
undertaking is deemed to be an undertaking referred to in paragraph
28(1)(b) of the Expropriation Act, and it may be enforced by the Board
as if it were a condition of the licensee's licence.
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