PART 3

TRANSITIONAL PROVISIONS, AMENDMENTS TO THIS ACT, AMENDMENTS TO OTHER ACTS, CONDITIONAL AMENDMENT AND COMING INTO FORCE

Transitional Provisions

Continuation of Nunavut Water Board

170. (1) The Board established by section 14 and the Nunavut Water Board established under the Agreement before the day on which this Act is assented to are hereby declared for all purposes to be one and the same body.

Acts and decisions of the Board

(2) Any act of the Board taken, or any decision made by it under the Agreement, before the day on which this Act is assented to is deemed, to the extent that the act or decision would have been valid under this Act, to have been validly taken or made under this Act.

Ministerial approval

(3) Any approval to the issuance of a licence by the Board that was given by the Minister before the day on which this Act is assented to is deemed, to the extent that the approval would have been valid under this Act, to have been validly given under this Act.

Actions of inspectors

(4) Any actions taken in Nunavut by inspectors under the Northwest Territories Waters Act, between July 9, 1996 and the day on which this Act is assented to, are deemed, to the extent that the actions would have been valid under this Act, to have been validly taken under this Act.

Licences

171. (1) This Act does not affect licences for the use of waters or the deposit of waste in Nunavut that were in force under the Northwest Territories Waters Act immediately before the day on which this Act is assented to. The licences are deemed to have been issued by the Nunavut Water Board under this Act.

Pending applications

(2) The Nunavut Water Board shall dispose of any application respecting a licence in relation to a use of waters or a deposit of waste to which Part 1 applies that was made to the Northwest Territories Water Board and was pending on July 9, 1996.

Exception

(3) Notwithstanding subsection (2), the Northwest Territories Water Board shall dispose of any application in respect of which a hearing had commenced before July 9, 1996, and where the Northwest Territories Water Board issues, renews or amends a licence under such an application, that licence is deemed to have been issued, renewed or amended by the Nunavut Water Board under this Act.

Existing regulations

172. (1) Until they have been replaced or repealed under this Act, the regulations and orders made under sections 33 and 34 of the Northwest Territories Waters Act that were in force on July 9, 1996 are binding on the Nunavut Water Board from that date, and continue to apply from that date in Nunavut, except in a national park, and the Board shall exercise the powers of the Northwest Territories Water Board under those regulations and orders in relation to Nunavut.

Instream use

(2) The regulations made under paragraph 33(1)(m) of the Northwest Territories Waters Act are deemed to authorize the unlicensed instream use of waters in Nunavut, except in a national park.

Powers of Board

(3) During the period of one year following the day on which this Act is assented to, the Nunavut Water Board may, by order, provide that any provision of the regulations made under paragraph 33(1)(m) or (n) of the Northwest Territories Waters Act ceases to apply in relation to Nunavut.

Applications not requiring public hearings

173. (1) The regulations made under paragraph 33(1)(c) of the Northwest Territories Waters Act are deemed, in relation to the use of waters or the deposit of waste in Nunavut, to prescribe, as classes of applications that do not require a public hearing, the classes of applications in relation to the following:

    (a) in the case of a Type A licence,

      (i) any amendment that does not affect the use, flow or quality of waters or alter the term of the licence,

      (ii) any amendment that affects the use, flow or quality of waters or alters the term of the licence, where the Nunavut Water Board, with the consent of the Minister, is of the opinion that an emergency exists that requires the amendment, or

      (iii) one or several renewals of a total duration not exceeding sixty days; and

    (b) in the case of a Type B licence, its issuance, amendment, renewal or cancellation.

Consultation

(2) Within one year after the day on which this Act is assented to, the Minister shall, unless regulations have been made under paragraph 81(1)(f) before that time to replace the regulations referred to in subsection (1), consult the Board on the application of subsection (1).

Continuation of Nunavut Surface Rights Tribunal

174. The Tribunal established by section 98 and the Nunavut Surface Rights Tribunal established under the Agreement before this Act is assented to are hereby declared for all purposes to be one and the same body.

Amendments to This Act

Coming into force of Nunavut Act

175. On the day on which section 3 of the Nunavut Act comes into force,

    (a) the definition ``Nunavut'' in subsection 2(1) of this Act is repealed;

    (b) subsection 41(1) of the English version of this Act is replaced by the following:

Marine areas

41. (1) The Board may, either jointly with the Nunavut Planning Commission, the Nunavut Impact Review Board and the Nunavut Wildlife Management Board, as established by the Agreement, acting as the Nunavut Marine Council referred to in section 15.4.1 of the Agreement, or on its own, advise and make recommendations respecting any marine area to any department or agency of the Government of Canada or the Government of Nunavut , and those governments shall consider that advice and those recommendations when making any decision that may affect that marine area.

    (c) section 47 of this Act is replaced by the following:

Precedence

47. Where two persons have licences or other authorizations to use waters issued by any authority responsible for the management of waters in the Northwest Territories or in Nunavut , the person who first applied is entitled to the use of the waters in accordance with that person's licence or authorization in precedence to the other person.

    (d) subparagraphs 60(1)(a)(i) to (vi) of this Act are replaced by the following:

      (i) used waters for a domestic purpose in the Northwest Territories or in Nunavut ,

      (ii) held a licence under this Act or the Northwest Territories Waters Act to deposit waste in the Northwest Territories or in Nunavut ,

      (iii) was an instream user as defined in section 2 of the Northwest Territories Act,

      (iv) was, as authorized by regulations made under this Act or the Northwest Territories Waters Act, using waters or depositing waste in the Northwest Territories or in Nunavut without a licence under either Act,

      (v) was an owner or an occupier of land, except Inuit-owned land, in the Northwest Territories or in Nunavut , or

      (vi) was a holder of an outfitting concession, a registered trapline or other rights of a similar nature in the Northwest Territories or in Nunavut ; or

    (e) the following provisions of this Act are amended by replacing the words ``the Northwest Territories'' with the word ``Nunavut``:

      (i) paragraph 14(3)(b),

      (ii) section 110,

      (iii) subsection 136(1),

      (iv) subsection 150(2), and

      (v) section 163.

176. On the later of the day on which this Act is assented to and the day on which section 78 of the Mackenzie Valley Resource Management Act comes into force, this Act is amended by adding the following after section 68:

Mackenzie Valley

Gwich'in and Sahtu lands

68.1 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.

Amendments to Other Acts

R.S., c. A-1

Access to Information Act

177. Schedule I to the Access to Information Act is amended by adding, in alphabetical order under the heading ``Other Government Institutions'', the following:

Nunavut Surface Rights Tribunal

    Tribunal des droits de surface du Nunavut

Nunavut Water Board

    Office des eaux du Nunavut

R.S., c. A-12

Arctic Waters Pollution Prevention Act

1992, c. 40, s. 49

178. The definition ``analyst'' in section 2 of the Arctic Waters Pollution Prevention Act is replaced by the following:

``analyst''
« analyste »

``analyst'' means a person designated as an analyst under the Canada Water Act, the Yukon Waters Act, the Northwest Territories Waters Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act ;

1998, c. 25

Mackenzie Valley Resource Management Act

179. On the later of the day on which this Act is assented to and the day on which section 60 of the Mackenzie Valley Resource Management Act comes into force, section 60 of that Act is amended by adding the following after subsection (3):

Inuit-owned lands

(3.1) Sections 15.1 to 15.5 of the Northwest Territories Water Act apply to the board in relation to Inuit-owned lands referred to in those sections, even though those lands are outside the Mackenzie Valley.

1988, c. 12

Northern Canada Power Commission (Share Issuance and Sale Authorization) Act

1992, c. 39, s. 49(1)

180. Section 12 of the Northern Canada Power Commission (Share Issuance and Sale Authorization) Act is replaced by the following:

Exemption from fees

12. The Minister may, with the approval of the Governor in Council, make an order exempting the Corporation from the requirement to pay fees for the right to use waters or deposit waste under a licence under the Northwest Territories Waters Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act .

1992, c. 39

Northwest Territories Waters Act

181. (1) The definition ``usager particulier'' in section 2 of the French version of the Northwest Territories Waters Act is repealed.

(2) If this section comes into force before section 3 of the Nunavut Act,

    (a) the definition ``territorial lands'' in section 2 of the Northwest Territories Waters Act is replaced by the following:

``territorial lands''
« terres territo-
riales »

``territorial lands'' means lands in the Northwest Territories, except lands in Nunavut, that are vested in Her Majesty in right of Canada or of which the Government of Canada has power to dispose;

    (b) on the day on which section 3 of the Nunavut Act comes into force, the definition ``territorial lands'' in section 2 of the Northwest Territories Waters Act, as enacted by paragraph (a), is replaced by the following:

``territorial lands''
« terres territo-
riales »

``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;

(3) If this section comes into force before section 3 of the Nunavut Act,

    (a) section 2 of the Northwest Territories Waters Act is amended by adding the following in alphabetical order:

``Nunavut''
« Nunavut »

``Nunavut'' means the territory described in section 3 of the Nunavut Act;

    (b) on the day on which section 3 of the Nunavut Act comes into force, the definition ``Nunavut'' in section 2 of the Northwest Territories Waters Act, as enacted by paragraph (a), is repealed.

(4) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:

« usager ordinaire »
``instream user''

« usager ordinaire » La personne qui utilise les eaux pour subvenir à ses besoins ou se constituer un revenu, sans toutefois les détourner, les obstruer ni modifier leur cours, leurs rives ou leur lit.

182. (1) If this section comes into force before section 3 of the Nunavut Act, section 7 of the Northwest Territories Waters Act is replaced by the following:

Agreement with province or territory

7. With the approval of the Governor in Council and subject to any agreement entered into under 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 situated partially in the Northwest Territories, excluding Nunavut, and partially in a province or in the Yukon Territory, or flowing between the Northwest Territories, excluding Nunavut, and a province or the Yukon Territory.

(2) The Act is amended by adding the following after section 7:

Other water authorities

7.1 Where the use of waters or the deposit of waste that is the subject of an application to the Board would have a significant impact on a use of waters or a deposit of waste in an area for which another body is exercising powers of water management, the Board may collaborate with that body.

183. (1) If this section comes into force before section 3 of the Nunavut Act,

    (a) the portion of subsection 8(1) of the Northwest Territories Waters Act before paragraph (a) is replaced by the following:

Use of waters

8. (1) Except as authorized under 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 outside Nunavut except

    (b) on the day on which section 3 of the Nunavut Act comes into force, the portion of subsection 8(1) of the Northwest Territories Waters Act before paragraph (a), as enacted by paragraph (a) of this subsection, is replaced by the following:

Use of waters

8. (1) Except as authorized under 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

(2) Paragraph 8(2)(b) of the French version of the Act is replaced by the following:

    b) par un usager ordinaire ;

184. If this section comes into force before section 3 of the Nunavut Act,

    (a) paragraphs 9(1)(a) and (b) of the Northwest Territories Waters Act are replaced by the following:

    (a) in any waters in a water management area outside Nunavut; or

    (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 outside Nunavut.

    (b) on the day on which section 3 of the Nunavut Act comes into force, paragraphs 9(1)(a) and (b) of the Northwest Territories Waters Act, as enacted by paragraph (a) of this section, are replaced by the following: