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(b) publish a notice in the Canada Gazette
that the rule or by-law has been made,
indicating the newspaper or periodical in
which it has been published.
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Objects of Board and Its Relationship with
Other Bodies
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| Objects
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35. The objects of the Board are to provide
for the conservation and utilization of waters
in Nunavut, except in a national park, in a
manner that will provide the optimum benefit
from those waters for the residents of Nunavut
in particular and Canadians in general.
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| Land use
plans
|
36. (1) The Board shall contribute fully to
the development of land use plans so far as
they concern waters in Nunavut, by providing
recommendations to the Nunavut Planning
Commission.
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| Conformity
with the plan
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(2) In order to avoid unnecessary
duplication and to ensure that projects are
dealt with in a timely manner, the Board shall
cooperate and coordinate its consideration of
applications with the Nunavut Planning
Commission's review of projects under
section 11.5.10 of the Agreement for
conformity with any applicable land use plans
approved in accordance with Part 5 of Article
11 of the Agreement.
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| Environmenta
l screening
and review of
projects
|
37. (1) In order to avoid unnecessary
duplication and to ensure that projects are
dealt with in a timely manner, the Board shall
cooperate and coordinate its consideration of
applications with the Nunavut Impact Review
Board or any federal environmental
assessment panel referred to in section 12.4.7
of the Agreement in relation to the screening
of projects by that Board and the review of
projects by that Board or panel.
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| Joint hearings
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(2) The Board may, in lieu of conducting a
separate public hearing in respect of a licence
in connection with a project for which a public
hearing is to be held by the Nunavut Impact
Review Board or the panel referred to in
subsection (1), as the case may be, conduct, in
relation to the project, a joint hearing with that
Board or panel or participate in the hearing of
that Board or panel.
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| Restriction on
powers:
non-conformit
y with plan
|
38. (1) The Board may not issue, amend or
renew a licence to use waters or deposit waste
if there is an applicable land use plan approved
in accordance with Part 5 of Article 11 of the
Agreement unless the Nunavut Planning
Commission, in accordance with section
11.5.10 of the Agreement,
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(a) has determined that the use or deposit,
or in the case of an amendment any change
to the use or deposit, conforms to the land
use plan; or
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(b) has approved a variance in respect of the
use, deposit or change.
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| Mandatory
rejection of
application
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(2) The Board shall reject an application in
relation to a licence where the Nunavut
Planning Commission has informed the Board
that the use, deposit or change to which the
application relates does not conform to the
land use plan and that the Commission will not
be approving a variance.
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| Effect of
rejection
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(3) If the Board rejects an application under
subsection (2),
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(a) the Board shall not take any further
action in respect of that application,
including any action referred to in
subsection 48(3), section 51 or subsection
52(1) or 55(1); and
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(b) the applicant may, within one year after
the date of the rejection, request an
exemption in accordance with section
11.5.11 of the Agreement.
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| Reconsiderati
on of
application
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(4) If an exemption referred to in paragraph
(3)(b) is obtained, subsection (1) and
paragraph (3)(a) no longer apply and the
Board shall resume processing the
application.
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| Date of
application
|
(5) For the purposes of section 47, the date
of an application that has been resumed under
subsection (4) is the date on which the
application was first made.
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| Restriction on
powers:
environmental
review of
projects
|
39. (1) The Board may not issue, amend or
renew a licence to use waters or deposit waste
where the use or deposit, or in the case of an
amendment any change to the use or deposit,
or the appurtenant undertaking requires
screening in accordance with Part 4 of Article
12 of the Agreement, until the Nunavut
Impact Review Board has completed the
screening and, where a review under Part 5 or
6 of that Article is required, issued a project
certificate referred to in section 12.5.12 or
12.6.17 of the Agreement.
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| Exception
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(2) Notwithstanding subsection (1), where
an appurtenant undertaking is required to be
reviewed, the Board may, before the project
certificate is issued, issue, amend or renew a
licence to use waters or deposit waste in
relation to exploration or developmental work
related to the appurtenant undertaking,
provided that
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(a) the use or deposit falls within Schedule
12-1 of the Agreement or can, in the
judgment of the Nunavut Impact Review
Board, proceed without the review; or
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(b) the licence is issued, amended or
renewed for an interim, short-term period.
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| Other water
authorities
|
40. 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 a
national park or any place outside Nunavut,
the Board may collaborate with any body
exercising powers of water management for
that park or place.
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| Marine areas
|
41. 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.
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General Rules
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| Issuance
|
42. (1) Subject to this Act and on
application, the Board may issue the
appropriate licence.
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| Exception
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(2) The Board may not issue a licence in
respect of a use of waters described in
paragraph 11(2)(b) or (c) or a deposit of waste
described in paragraph 12(2)(b).
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| Refusal to
issue licence
|
(3) The Board may not refuse to issue a
licence merely because the regulations
authorize the use of waters or the deposit of
waste without a licence.
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| Renewal,
amendment
and
cancellation
|
43. (1) Subject to this Act, the Board may
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(a) on application by the licensee, renew a
licence, with or without changes to the
conditions of the licence;
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(b) amend, for a specified term or
otherwise, any condition of a licence
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(i) on application by the licensee,
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(ii) to deal with a water shortage, or
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(iii) where the Board considers the
amendment to be in the public interest;
and
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(i) on application by the licensee,
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(ii) where the licensee, for three
successive years, fails to exercise the
licensee's rights under the licence, or
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(iii) where the Board considers the
cancellation to be in the public interest.
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| Renewal and
amendment
|
(2) Sections 57 to 76 apply in relation to the
renewal or amendment of a licence.
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| Assignment of
licences
|
44. (1) A sale or other disposition by a
licensee of any right, title or interest in an
appurtenant undertaking constitutes, subject
to the authorization of the Board, an
assignment of the licence to the person to
whom the sale or other disposition is made.
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| Authorization
of assignment
|
(2) The Board shall, on application,
authorize the assignment of a licence if it is
satisfied that the assignment and the operation
of the appurtenant undertaking would not be
likely to result in a contravention of any
condition of the licence or any provision of
this Part or the regulations.
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| Licence not
otherwise
assignable
|
(3) Except as provided in this section, a
licence is not assignable.
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| Term
|
45. The term of a licence or any renewal
shall not exceed twenty-five years.
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| Expiry or
cancellation
|
46. The expiry or cancellation of a licence
does not relieve the holder from any
obligations imposed by the licence.
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| Precedence
|
47. Subject to section 62, where two
persons hold 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.
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Applications in Relation to Licences
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| Requirements
|
48. (1) An application in relation to a
licence shall contain the information and be in
the form required by the rules or by-laws of the
Board, and be accompanied by the fees
required by the regulations.
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| Information
and studies to
be provided to
Board
|
(2) An application, except in relation to a
cancellation, shall be accompanied by the
information and studies concerning the use of
waters or the deposit of waste that are required
for the Board to evaluate the qualitative and
quantitative effects of the use or the deposit on
waters.
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| Guidelines for
applicant
|
(3) On the filing of an application, the
Board may provide guidelines to the applicant
respecting the information to be provided by
the applicant in respect of any matter that the
Board considers relevant, including the
following:
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(a) the description of the use of waters,
deposit of waste or appurtenant
undertaking, as the case may be;
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(b) the qualitative and quantitative effects
of the use of waters or the deposit of waste
on the drainage basin where the use is to be
undertaken or the deposit is to be made, and
the anticipated impact of the use or deposit
on other users;
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(c) the measures the applicant proposes to
take to avoid or mitigate any adverse impact
of the use of waters or the deposit of waste;
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(d) the measures the applicant proposes to
take to compensate persons, including the
designated Inuit organization, who are
adversely affected by the use of waters or
the deposit of waste;
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(e) the program the applicant proposes to
undertake to monitor the impact of the use
of waters or the deposit of waste;
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(f) the interests in and rights to lands and
waters that the applicant has obtained or
seeks to obtain; and
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(g) the options available for the use of
waters or the deposit of waste.
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| Delegation
|
49. The Board may delegate to its chief
administrative officer the power
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(a) to issue, amend, renew or cancel a
licence in relation to which no public
hearing is required; and
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(b) to authorize, in accordance with
subsection 44(2), the assignment of a
licence.
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Procedure
|
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| Standing
|
50. In the exercise of its functions in
relation to applications, the Board shall
accord full standing to the following:
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(a) Tunngavik, or any other Organization,
within the meaning of section 1.1.1 of the
Agreement, designated by Tunngavik, to
make representations on behalf of the Inuit
of Nunavut;
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(b) Makivik to make representations
respecting the interests of the Inuit of
northern Quebec in relation to islands and
marine areas of the Nunavut Settlement
Area traditionally used and occupied by
those Inuit;
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(c) the councils of the Fort Churchill Indian
Band and Northlands Indian Band to make
representations respecting their interests in
relation to the areas that those bands have
traditionally used and continue to use; and
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(d) the councils of the Black Lake Indian
Band, Hatchet Lake Indian Band and Fond
du Lac Indian Band to make representations
respecting their interests in relation to the
areas that those bands have traditionally
used and continue to use.
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The Board shall take the representations into
account.
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| Applications
determined
summarily
|
51. (1) Applications in relation to licences
for which no public hearing is required shall
be dealt with summarily by the Board.
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| Exception
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(2) Notwithstanding subsection (1), the
Board may, where satisfied that it would be in
the public interest to do so, hold a public
hearing in connection with any matter relating
to its objects.
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| Public hearing
required
|
52. (1) Subject to subsection 37(2), a public
hearing shall be held by the Board before it
disposes of
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(a) any application in relation to a licence,
unless the application is of a class that is
exempted by the regulations from the
requirement of a public hearing; and
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(b) an application for permission to
expropriate under section 77.
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| Exception
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(2) A public hearing need not be held
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(a) if the applicant or licensee consents in
writing to the disposition of a matter
without a public hearing, provided that no
other person informs the Board by the tenth
day before the day of the proposed hearing
of the person's intention to make
representations;
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(b) before an application is rejected under
subsection 38(2); or
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(c) in the case of an application for the
amendment of a licence where the Board,
with the consent of the Minister, declares
the amendment to be required on an
emergency basis.
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| Place of
hearing
|
53. A public hearing that is held by the
Board shall take place in the community or
communities within Nunavut most affected by
the application before the Board.
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| Powers at
hearings
|
54. The Board has, in respect of public
hearings, the powers of a commissioner
appointed under Part I of the Inquiries Act.
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| Notice of
applications
|
55. (1) The Board shall give notice of every
application in relation to a licence to the
council of each municipality in the area
affected by the application and shall publish
the notice in a newspaper of general
circulation in the area affected or, if there is no
such newspaper, in such other manner as the
Board considers appropriate. The notice shall
invite interested persons to make
representations within a specified period and
shall advise them of the consequences, as
provided in section 59 and subsection 60(2),
of any failure to respond to the notice.
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| Notice of
hearings
|
(2) Where the Board decides or is required
under this Part to hold a public hearing, it shall
give notice, in the manner described in
subsection (1), at least sixty days before the
commencement of the hearing, of the place,
date and time of the hearing. The place, date
and time of the hearing shall be chosen and the
notice published by the Board in a manner that
promotes public awareness and participation
in that hearing.
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| Communicati
on of
information
|
(3) Where a public hearing is held in
relation to an application, the information
provided to the Board in relation to the
application shall be made available to the
public within a reasonable period of time
before the commencement of the hearing.
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| Where public
hearing not
held
|
(4) Where a public hearing is not held in
relation to an application, the Board shall not
act on the application until at least thirty days
after notice of the application has been
published under subsection (1) unless, in the
opinion of the Board, there are urgent
circumstances that justify the Board acting on
that application in a shorter period, but that
shorter period shall not be less than ten days.
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| Exception
|
(5) Subsections (1) and (4) do not apply in
respect of an application for the amendment of
a licence where the Board, with the consent of
the Minister, declares the amendment to be
required on an emergency basis.
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Conditions of Issuance
|
|
| Approval of
issuance
|
56. (1) The issuance, amendment, renewal
and cancellation of a type A licence and, if a
public hearing is held, a type B licence are
subject to the approval of the Minister.
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| Reasons
|
(2) Within 45 days after the Minister
receives a licence that has been issued,
amended or renewed or a notice of
cancellation of a licence, the Minister shall
make a decision on whether to approve the
issuance, amendment, renewal or cancellation
of the licence and, if the decision is not to
approve, give written reasons for the decision.
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(2.1) The Minister may extend the 45 days
referred to in subsection (2) for a further
consecutive 45 days, for a total of 90 days, by
notifying the Board of the extension within the
first 45 days.
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(2.2) If the Minister does not make a
decision within the 45 or 90 days referred to in
subsection (2) or (2.1) respectively, whichever
is applicable, the Minister is deemed to have
approved the issuance, amendment, renewal
or cancellation, as the case may be.
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