Limitation	(3) The disagreement of the Minister with the amount of compensation determined under paragraph 63(1)(b) is not sufficient reason for the Minister to withhold approval in respect of a licence for a use of waters or deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land.
Copies of decisions to parties	(4) The Minister shall send a copy of the Minister's decision and, in the case of a decision to withhold approval, the reasons for the decision
	(a) to the Board;
	(b) to the applicant or licensee;
	(c) where the affected waters are ones in respect of which section 63 applies, to the designated Inuit organization; and
	(d) to any other person with a right to compensation under section 58 or 60.
Conditions for issuance of licence	57. The Board may not issue a licence unless the applicant satisfies the Board that
	(a) any waste produced by the appurtenant undertaking will be treated and disposed of in a manner that is appropriate for the maintenance of the water quality standards and effluent standards that are prescribed by the regulations or, in the absence of such regulations, that the Board considers acceptable; and
	(b) the financial responsibility of the applicant, taking into account the applicant's past performance, is adequate for
	(i) the completion of the appurtenant undertaking,
	(ii) such measures as may be required in mitigation of any adverse impact, and
	(iii) the satisfactory maintenance and restoration of the site in the event of any future closing or abandonment of that undertaking.
Compensation of existing users	58. The Board may not issue a licence unless the applicant, with respect to any person, other than an instream user, who would be entitled to use waters in precedence to the applicant under section 47,
	(a) satisfies the Board that the use of waters or the deposit of waste would have no adverse effects on the use of waters by that person;
	(b) satisfies the Board that any adverse effects caused by the use of waters or the deposit of waste would not be significant, and has paid or undertaken to pay the compensation that the Board considers appropriate to that person; or
	(c) has entered into an agreement to compensate that person for any adverse effects.
Failure to respond	59. In the circumstances described in paragraph 58(b), an applicant need not compensate the person under section 58 if the person fails to respond to the notice of application given under subsection 55(1) within the time period specified in the notice for making representations to the Board.
Compensation of other users	60. (1) The Board may not issue a licence unless
	(a) the applicant satisfies the Board that compensation that the Board considers appropriate has been or will be paid by the applicant to any person who would be adversely affected by the proposed use of waters or deposit of waste and who, at the time the application was filed,
	(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 in the Northwest Territories or in Nunavut,
	(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 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
	(b) the applicant has entered into an agreement to compensate any person described in subparagraphs (a)(i) to (vi) who would be adversely affected.
Failure to respond	(2) Subsection (1) does not apply in respect of a person referred to in that subsection who fails to respond to the notice of application given under subsection 55(1) within the time period specified in that notice for making representations to the Board.
Inuit-owned land	(3) Where subsection 63(1) applies in respect of adverse effects on any person described in subparagraphs (1)(a)(i) to (vi) that are caused by a use of waters or a deposit of waste that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, subsection (1) does not apply in respect of those effects for which compensation has already been paid, has been agreed to be paid or has been determined by the Board pursuant to subsection 63(1).
Factors in determining compensation	61. In determining whether compensation is appropriate for the purpose of paragraph 58(b) or subsection 60(1), the Board shall consider all relevant factors, including
	(a) provable loss or damage;
	(b) potential loss or damage;
	(c) any adverse effect on the quality, quantity or flow of waters;
	(d) the extent of the use of waters by persons who would be adversely affected;
	(e) any nuisance, inconvenience or disturbance, including noise; and
	(f) the cumulative effects of the use of waters or deposits of waste proposed by the applicant and any existing uses of waters and deposits of waste.
	Inuit-owned Land
Priority of use	62. In relation to Inuit-owned land, any existing use of waters by Inuit has priority over any licensed use or deposit of waste by any person who has a mineral right.
Compensation agreements	63. (1) The Board shall not issue a licence in respect of a use of waters or a deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land, unless
	(a) the applicant has entered into an agreement with the designated Inuit organization to pay compensation for any loss or damage that may be caused by the change; or
	(b) where there is no agreement referred to in paragraph (a), the Board has, on the request of the applicant or the designated Inuit organization, made a determination of the appropriate compensation.
Payment of compensation	(2) The payment of compensation referred to in paragraph (1)(b) shall be a condition of the licence.
Costs	(3) Unless otherwise determined by the Board, costs incurred by the designated Inuit organization as a result of a request referred to in paragraph (1)(b) shall be paid by the applicant.
Use outside Nunavut	64. (1) On request by the designated Inuit organization or a person who has applied to the water authority responsible for the management of waters outside Nunavut, but within the Northwest Territories, for a licence or other authorization in relation to a use of waters or a deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land, the Board shall collaborate with that authority to reach a joint determination on the compensation to be paid.
Costs	(2) Unless determined otherwise by the Board, costs incurred by the designated Inuit organization as a result of a request referred to in subsection (1) shall be paid by the applicant.
Interpretation	65. For greater certainty, sections 63 and 64 apply where a body of water delineates a boundary between Inuit-owned land and other land and that body of water is not located entirely on Inuit-owned land.
Negotiation to be in good faith	66. A request referred to in paragraph 63(1)(b) or subsection 64(1) shall not be considered by the Board unless the requester has negotiated in good faith and has been unable to reach an agreement.
Factors in determining compensation	67. (1) For the purpose of determining compensation under paragraph 63(1)(b) and subsection 64(1), the Board shall take into account the following factors:
	(a) the adverse effects of the change in the quality, quantity or flow of waters on Inuit-owned land;
	(b) the nuisance, inconvenience or disturbance, including noise, caused by the change;
	(c) the cumulative effects of the change and of any existing uses of waters and deposits of waste;
	(d) the cultural attachment of Inuit to the affected Inuit-owned land, including waters;
	(e) the peculiar and special value of the affected Inuit-owned land, including waters; and
	(f) any interference with Inuit rights derived from the Agreement or otherwise.
Periodic review and payment	(2) Unless otherwise agreed by the designated Inuit organization and the applicant, where the Board has made a determination of compensation under paragraph 63(1)(b) or subsection 64(1), the Board shall provide, where the nature and duration of the use or deposit of waste warrant it, for the periodic review and periodic payment of that compensation.
National parks in Nunavut	68. Sections 63 and 65 to 67 apply in respect of a use of waters or a deposit of waste that is within the jurisdiction of the authority responsible for the management of waters in a national park in Nunavut and
	(a) any reference in those provisions, except paragraph 63(1)(b), to the Board is deemed to be a reference to that authority; and
	(b) any reference in section 63 to a licence is deemed to be a reference to an authorization to use waters or deposit waste given by the authority.
	Mackenzie Valley
Gwich'in Sahtu lands	69. 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.
	Conditions of Licences
Powers of Board	70. (1) Subject to this Act and the regulations, the Board may include in a licence any conditions that it considers appropriate, including conditions relating to
	(a) the manner in which waters may be used;
	(b) the quantity, concentration and types of waste that may be deposited and the manner of depositing waste;
	(c) the studies to be undertaken, works to be constructed, plans, including contingency plans, to be submitted, and monitoring programs to be undertaken; and
	(d) any future closing or abandonment of the appurtenant undertaking.
Monitoring programs	(2) The monitoring programs referred to in paragraph (1)(c) may specify responsibilities of the applicant, the Nunavut Impact Review Board or Her Majesty in right of Canada.
Project certificate	(3) The Board shall, to the extent that it is authorized under this Act to do so, include in a licence the terms and conditions of any project certificate, referred to in section 12.5.12 or 12.6.17 of the Agreement, that is issued in respect of the use of waters or deposit of waste or the appurtenant undertaking to which that use or deposit relates.
Purpose of conditions	71. In fixing the conditions of a licence, the Board shall make all reasonable efforts to minimize
	(a) any adverse effects of the licensed use of waters or deposit of waste on aquatic ecosystems and on the persons who are entitled to be paid compensation under section 58 or 60;
	(b) any interference by any person referred to in section 62 with the existing use of waters by the Inuit, whether that use is or is not licensed; and
	(c) any loss or damage described in section 63.
Conditions of waste deposit	72. The conditions in a licence relating to the deposit of waste in waters shall
	(a) be based on the water quality standards prescribed for those waters by the regulations, if any; and
	(b) be at least as stringent as the effluent standards prescribed for those waters by the regulations, if any.
Regulations under Fisheries Act	73. Where the Board issues a licence in respect of any waters to which regulations made under subsection 36(5) of the Fisheries Act apply, any conditions in the licence relating to the deposit of waste in those waters shall be at least as stringent as the conditions prescribed by those regulations.
Conditions relating to design of works	74. A licence shall include conditions that are at least as stringent as any standards prescribed by the regulations for the design, construction, operation and maintenance of works used in relation to appurtenant undertakings.
Licence conditions deemed amended	75. Where regulations referred to in sections 72 to 74 are made or amended after the issuance of a licence, the conditions of the licence are from that time deemed to be amended to the extent, if any, necessary in order to comply, or remain in compliance, with those sections.
	Security
Security	76. (1) The Board may require an applicant, a licensee or a prospective assignee to furnish and maintain security with the Minister in the form, of the nature, subject to such terms and conditions and in an amount prescribed by, or determined in accordance with, the regulations or that is satisfactory to the Minister.
Application of security	(2) The security provided by a licensee may be applied by the Minister
	(a) to compensate, fully or partially, a person, including the designated Inuit organization, who is entitled to compensation under section 13 and who has been unsuccessful in recovering that compensation, if the Minister is satisfied that the person has taken all reasonable measures to recover it; and
	(b) to reimburse Her Majesty in right of Canada, fully or partially, for reasonable costs incurred by Her Majesty in right of Canada under subsection 87(4) or, subject to subsection (3), under subsection 89(1).
Limitation	(3) Paragraph (2)(b) applies in respect of costs incurred under subsection 89(1) only to the extent that the costs were incurred in relation to a contravention referred to in subparagraph 89(1)(b)(i).
Limitation of security	(4) The amount of the security applied by the Minister under subsection (2) in respect of a particular incident or matter may not exceed the total amount of the security required to be furnished and maintained by the licensee under subsection (1).
Refund of security	(5) Where the Minister is satisfied that an appurtenant undertaking has been permanently closed or permanently abandoned or the licence has been assigned, any portion of the security that, in the Minister's opinion, will not be applied under subsection (2) shall be returned to the licensee without delay.
	Expropriation
Permission to expropriate	77. (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 Nunavut, and the Minister may grant that permission where the Minister, on the recommendation of the Board, is satisfied that
	(a) the land or interest is reasonably required in relation to an appurtenant undertaking by the applicant or licensee;