|
1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
|
|
|
House of Commons of Canada
|
|
|
BILL C-33 |
|
|
An Act respecting the water resources of
Nunavut and the Nunavut Surface Rights
Tribunal and to make consequential
amendments to other Acts
|
|
Preamble
|
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;
|
|
|
WHEREAS the agreement came into force on
July 9, 1993 on its ratification by both parties;
|
|
|
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;
|
|
|
|
|
|
NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
|
|
|
SHORT TITLE |
|
Short title
|
1. This Act may be cited as the Nunavut
Waters and Nunavut Surface Rights Tribunal
Act.
|
|
|
INTERPRETATION |
|
Definitions
|
2. (1) The definitions in this subsection
apply in this Act.
|
|
``Agreement'' « Accord »
|
``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.
|
|
``carving
stone'' « pierre à sculpter »
|
``carving stone'' means serpentinite, argillite
or soapstone that is suitable for carving.
|
|
``designated
Inuit
organization'' « organisa- tion inuit désignée »
|
``designated Inuit organization'' means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
``Inuit'' « Inuit »
|
``Inuit'' means those persons enrolled from
time to time under the terms of Article 35 of
the Agreement and includes, in the case of
the jointly owned lands referred to in
section 40.2.8 of the Agreement, the Inuit of
northern Quebec.
|
|
``Inuit of
northern
Quebec'' « Inuit du Nord québécois »
|
``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.
|
|
``Inuit-owned
land'' « terre inuit »
|
``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.
|
|
``Inuktitut'' « inuktitut »
|
``Inuktitut'' means the Inuktitut language and
includes Inuinaqtuun.
|
|
``Makivik'' « Makivik »
|
``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.
|
|
``mineral
right'' « droit minier »
|
``mineral right'' means a right to explore for,
develop, produce or transport minerals,
other than specified substances.
|
|
``minerals'' « minéraux »
|
``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.
|
|
``Minister'' « ministre »
|
``Minister'' means the Minister of Indian
Affairs and Northern Development.
|
|
``specified
substances'' « matières spécifiées »
|
``specified substances'' means construction
stone, sand, gravel, limestone, marble,
gypsum, shale, clay, volcanic ash, earth,
soil, diatomaceous earth, ochre, marl, peat
and carving stone.
|
|
``Tunngavik'' « Tunngavik »
|
``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.
|
|
Meaning of
``Nunavut
Settlement
Area''
|
(2) In this Act, ``Nunavut Settlement Area''
has the meaning assigned to that expression by
section 3.1.1 of the Agreement.
|
|
|
PRECEDENCE |
|
Inconsistency
with
Agreement
|
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.
|
|
Inconsistency
with other
Acts
|
(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.
|
|
Aboriginal
rights
|
(3) For greater certainty, nothing in this Act
shall be construed so as to abrogate or
derogate from the protection provided for
existing aboriginal or treaty rights of the
aboriginal peoples of Canada by the
recognition and affirmation of those rights in
section 35 of the Constitution Act, 1982.
|
|
|
PART 1 |
|
|
NUNAVUT WATERS |
|
|
Interpretation |
|
Definitions
|
4. The definitions in this section apply in
this Part.
|
|
``appurtenant
undertaking'' « entreprise principale »
|
``appurtenant undertaking'' means an
undertaking in relation to which a use of
waters or a deposit of waste is permitted by
a licence.
|
|
``Board'' « Office »
|
``Board'' means the Nunavut Water Board
established by section 14.
|
|
``domestic
purpose'' « domestique »
|
``domestic purpose'' means the use of waters
for the following purposes:
|
|
|
|
|
|
|
|
|
|
|
``instream
use'' « ordinaire »
|
``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.
|
|
``licence'' « permis »
|
``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.
|
|
``licensee'' « titulaire »
|
``licensee'' means a person to whom a licence
is issued or assigned.
|
|
``marine
area'' « zones marines »
|
``marine area'' means any waters, including
those that are ice-covered, of the Nunavut
Settlement Area, other than inland waters,
and the seabed and subsoil below those
waters.
|
|
``national
park'' « parc national »
|
``national park'' means a park within the
meaning of the Canada National Parks Act,
or lands set aside as a reserve for a park
under that Act.
|
|
``Nunavut
Impact
Review
Board'' « Commission d'examen des projets de développemen t »
|
``Nunavut Impact Review Board'' means the
Nunavut Impact Review Board referred to
in section 12.2.1 of the Agreement.
|
|
``Nunavut
Planning
Commission'' « Commission d'aménageme nt »
|
``Nunavut Planning Commission'' means the
Nunavut Planning Commission referred to
in section 11.4.1 of the Agreement.
|
|
``use'' « utilisation »
|
``use'', in relation to waters, means a direct or
indirect use of any kind, including, but not
limited to,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
``waste'' « déchet »
|
``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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
``waters'' « eaux »
|
``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.
|
|
|
Scope and Application |
|
Other Acts
|
5. Nothing in this Part, the regulations or a
licence authorizes a person to contravene any
other Act of Parliament or a regulation or
order made under any other Act of Parliament.
|
|
Rights
preserved
|
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.
|
|
|
Her Majesty |
|
Binding on
Her Majesty
|
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.
|
|
Waters vested
in Her
Majesty
|
8. (1) Subject to any rights granted by or
under any other Act of Parliament in respect
of waters in Nunavut, the property in and the
right to the use of all waters in Nunavut are
vested in Her Majesty in right of Canada.
|
|
Rights of
designated
Inuit
organization
|
(2) Despite subsection (1), the designated
Inuit organization has, in respect of waters in
Nunavut, the rights that are provided in the
Agreement, including the exclusive right to
the use of water on, in, or flowing through
Inuit-owned land and the right to have water
flow through that land substantially
unaffected in quality, quantity and flow.
|
|