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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-62 |
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An Act respecting the water resources of
Nunavut and the Nunavut Surface Rights
Tribunal and to make consequential
amendments to other Acts
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| Preamble
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WHEREAS Her Majesty the Queen in right
of Canada and the Inuit of the Nunavut
Settlement Area have entered into a land
claims agreement that was ratified by Her
Majesty when it was signed on Her behalf and
when the Nunavut Land Claims Agreement
Act came into force and by the Inuit when it
was signed on their behalf following a
ratification vote;
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WHEREAS the agreement came into force
on July 9, 1993 on its ratification by both
parties;
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AND WHEREAS the Government of
Canada has undertaken in the agreement to
establish the Nunavut Water Board and the
Nunavut Surface Rights Tribunal as
institutions of public government and to set
out by statute all of their substantive powers,
functions, objectives and duties;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Nunavut
Waters and Nunavut Surface Rights Tribunal
Act.
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INTERPRETATION |
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| Definitions
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2. (1) The definitions in this subsection
apply in this Act.
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| ``Agree- ment'' « Accord »
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``Agreement'' means the land claims
agreement between the Inuit of the Nunavut
Settlement Area and Her Majesty the
Queen in right of Canada that was ratified,
given effect and declared valid by the
Nunavut Land Claims Agreement Act,
which came into force on July 9, 1993, and
includes any amendments to that agreement
made under the agreement.
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| ``carving
stone'' « pierre à sculpter »
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``carving stone'' means serpentinite, argillite
or soapstone that is suitable for carving.
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| ``designated
Inuit
organization'' « organisa- tion inuit désignée »
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``designated Inuit organization'' means
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| ``Inuit'' « Inuit »
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``Inuit'' means those persons enrolled from
time to time under the terms of Article 35 of
the Agreement and, except for the purpose
of paragraph 50(b), includes, in the case of
the jointly owned lands referred to in
section 40.2.8 of the Agreement, the Inuit of
northern Quebec.
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| ``Inuit of
northern
Quebec'' « Inuit du Nord québécois »
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``Inuit of northern Quebec'' means the Inuit of
northern Quebec within the meaning of the
James Bay and Northern Quebec
Agreement that was approved, given effect
and declared valid by the James Bay and
Northern Quebec Native Claims Settlement
Act, S.C. 1976-77, c. 32.
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| ``Inuit-owned
land'' « terre inuit »
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Inuit-owned land'' means any land that has the
status of Inuit Owned Land under the
Agreement, and includes the jointly owned
lands referred to in section 40.2.8 of the
Agreement.
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| ``Inuktitut'' « inuktitut »
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``Inuktitut'' means the Inuktitut language and
includes Inuinaqtuun.
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| ``Makivik'' « Makivik »
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``Makivik'' means the corporation established
by An Act respecting the Makivik
Corporation, R.S.Q., c. S-18.1, and
representing the Inuit of northern Quebec.
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| ``mineral
right'' « droit minier »
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``mineral right'' means a right to explore for,
develop, produce or transport minerals,
other than specified substances.
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| ``minerals'' « minéraux »
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``minerals'' means precious and base metals
and other non-living, naturally occurring
substances, whether solid, liquid or
gaseous, and includes coal, oil and gas, but
does not include water.
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Indian
Affairs and Northern Development.
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| ``Nunavut'' « Nunavut »
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``Nunavut'' means the territory described in
section 3 of the Nunavut Act.
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| ``specified
substances'' « matières spécifiées »
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``specified substances'' means construction
stone, sand, gravel, limestone, marble,
gypsum, shale, clay, volcanic ash, earth,
soil, diatomaceous earth, ochre, marl, peat
and carving stone.
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| ``Tunngavik'' « Tunngavik »
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``Tunngavik'' means Nunavut Tunngavik
Incorporated, a corporation without share
capital incorporated under Part II of the
Canada Corporations Act, R.S.C. 1970, c.
C-32, and any successor to that corporation.
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| Meaning of
``Nunavut
Settlement
Area''
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(2) In this Act, ``Nunavut Settlement Area''
has the meaning assigned to that expression by
section 3.1.1 of the Agreement.
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INCONSISTENCY |
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| Inconsistency
with
Agreement
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3. (1) Where there is any inconsistency or
conflict between the Agreement and this Act,
the Agreement prevails to the extent of the
inconsistency or conflict.
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| Inconsistency
with other
Acts
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(2) Where there is any inconsistency or
conflict between this Act and any other Act of
Parliament, except the Nunavut Land Claims
Agreement Act, this Act prevails to the extent
of the inconsistency or conflict.
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PART 1 |
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NUNAVUT WATERS |
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Interpretation |
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| Definitions
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4. The definitions in this section apply in
this Part.
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| ``appurte- nant undertaking'' « entreprise principale »
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``appurtenant undertaking'' means an
undertaking in relation to which a use of
waters or a deposit of waste is permitted by
a licence.
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| ``Board'' « Office »
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``Board'' means the Nunavut Water Board
established by section 14.
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| ``domestic
purpose'' « domestique »
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``domestic purpose'' means the use of waters
for the following purposes:
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| ``instream
use'' « ordinaire »
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``instream use'' means a use of waters by a
person, other than for a domestic purpose or
as described in paragraph (a), (b) or (c) of
the definition ``use'', to earn income or for
subsistence purposes.
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| ``licence'' « permis »
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``licence'' means, unless the context
otherwise requires, a type A or type B
licence, in accordance with the criteria
prescribed by the regulations, issued for the
use of waters or the deposit of waste, or
both, in Nunavut under section 42.
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| ``licensee'' « titulaire »
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``licensee'' means a person to whom a licence
is issued or assigned.
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| ``national
park'' « parc national »
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``national park'' means a park within the
meaning of the National Parks Act, or lands
set aside as a reserve for a park under that
Act.
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| ``Nunavut
Impact
Review
Board'' « Commission d'examen des projets de développe- ment »
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```Nunavut Impact Review Board'' means the
Nunavut Impact Review Board referred to
in section 12.2.1 of the Agreement.
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| ``Nunavut
Planning
Commission'' « Commission d'aménage- ment »
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```Nunavut Planning Commission'' means the
Nunavut Planning Commission referred to
in section 11.4.1 of the Agreement.
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| ``use'' « utilisa- tion »
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``use'', in relation to waters, means a direct or
indirect use of any kind, including, without
limiting the generality of the foregoing,
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| ``waste'' « déchet »
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``waste'' means any substance that, by itself or
in combination with other substances found
in water, would have the effect of altering
the quality of any water to which the
substance is added to an extent that is
detrimental to its use by people or by any
animal, fish or plant, or any water that
would have that effect because of the
quantity or concentration of the substances
contained in it or because it has been treated
or changed, by heat or other means, and
includes
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| ``waters'' « eaux »
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``waters'' means, except for the purposes of
subsection 41(2), inland waters, whether in
a liquid or solid state, on or below the
surface of land.
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Scope and Application |
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| Other Acts
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5. Nothing in this Part, the regulations or a
licence authorizes a person to contravene any
other Act or a regulation or order made under
any other Act.
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| Rights
preserved
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6. Nothing in this Part, the regulations or a
licence constitutes a defence to a claim for loss
or damage sustained by any person by reason
of the construction or operation of any work
forming part of an appurtenant undertaking.
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Her Majesty |
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| Binding on
Her Majesty
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7. This Part is binding on Her Majesty in
right of Canada or a province, except that Her
Majesty in right of Canada is not required to
pay any fee prescribed by the regulations.
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| Waters vested
in Her
Majesty
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8. Subject to the rights, under the
Agreement, of the designated Inuit
organization in respect of waters, the property
in and the right to the use and flow of all waters
in Nunavut are vested in Her Majesty in right
of Canada.
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Delegation and Agreements |
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| Delegation to
territorial
minister
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9. The Minister may, in writing, delegate to
the territorial minister responsible for water
resources any of the Minister's functions
under sections 14, 16, 17, 19 and 21,
subsection 55(5), section 56, subsection 76(1)
and section 83, either generally or as
otherwise provided in the instrument of
delegation, except that the delegation cannot
abrogate or derogate from any rights of Inuit
under the Agreement.
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| Agreements
with
provinces
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10. The Minister and the territorial minister
responsible for water resources shall, with the
assistance of the Board, use their best efforts
to negotiate an agreement, subject to any
agreement entered into under section 5 or 11
of the Canada Water Act, with a provincial
government providing for the management of
any waters situated partially in Nunavut and
partially in a province, or flowing between
Nunavut and a province. The Minister shall
not enter into an agreement without the
approval of the Governor in Council.
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