Bill C-51

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First Reading

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	(b) where there is no agreement referred to in paragraph (a),
	(i) on the request of the applicant or the designated Inuit organization, the Board has made a joint determination of the compensation with the Nunavut Water Board, or
	(ii) where the Board and the Nunavut Water Board are unable to jointly determine compensation pursuant to subparagraph (i), a judge of the Supreme Court of the Northwest Territories has determined the 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 Nunavut Water 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.
Negotiation to be in good faith	15.2 A request referred to in paragraph 15.1(1)(b) 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	15.3 For the purpose of determining compensation pursuant to paragraph 15.1(1)(b), the following factors shall be taken into account:
	(a) the adverse effects of the alteration of the quality, quantity or flow of waters on Inuit-owned land;
	(b) the nuisance, inconvenience or distur bance, including noise, caused by the alteration;
	(c) the cumulative adverse effects of the alteration and of the existing uses of waters and deposits of waste;
	(d) the cultural attachment of Inuit to Inuit-owned land and to waters on or flowing through that land;
	(e) the peculiar and special value of Inuit- owned land, including the waters on or flowing through that land; and
	(f) any interference with Inuit rights derived from the Agreement or otherwise.
Periodic review and payment	15.4 Unless otherwise agreed by the designated Inuit organization and the applicant, where a determination of compensation has been made pursuant to paragraph 15.1(1)(b) that determination 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.
Interpreta- tion	15.5 In this section and sections 15.1 to 15.4,
	(a) ``Agreement'', ``Inuit'', ``Inuit-owned land'', ``Makivik'' and ``Tunngavik'' have the meanings assigned by subsection 2(1) of the Nunavut Waters Act; and
	(b) ``designated Inuit organization'' means
	(i) except in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement,
	(A) Tunngavik, or
	(B) any organization desig-nated in the public record maintained by Tunngavik pursuant to the Agreement as being responsible for the functions described under sections 20.3.1 and 20.4.1 of the Agreement, or
	(ii) in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, Makivik, acting jointly with the organization determined under subparagraph (i).
	109. Paragraph 21(1)(b) of the French version of the Act is replaced by the following:
	b) la modification d'un permis de type A qui n'aurait pas de répercussions sur l'utilisa tion, le cours ou la qualité de l'eau ou sur la durée du permis;
1996, c. 10, s. 248(1)	110. (1) The portion of subsection 31(1) of the Act before paragraph (a) is replaced by the following:
Permission to expropriate	31. (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 any interest in land in the Northwest Territories, except land in Nunavut , and where the Minister, on the recommendation of the Board, is satisfied that
1996, c. 10, s. 248(2)	(2) Subsection 31(2) of the French version of the Act is replaced by the following:
Avis au ministre compétent	(2) Dans le cas où le ministre accorde l'autorisation , le demandeur ou le titulaire de permis en avise le ministre compétent aux fins de la partie I de la Loi sur l'expropriation.
1996, c. 10, s. 248(2)	(3) Subsection 31(3.4) of the Act is replaced by the following:
Mitigation of damages - enforcement of undertaking	(3.4) Where the applicant or licensee, in mitigation of any injury or damage caused or likely to be caused to lands by an expropriation, undertakes
	(a) to abandon or grant, to the owner of the lands or a person interested in the lands, any portion of its lands or of the land being taken or any easement, servitude or privilege over or in respect of the lands , and
	(b) to construct and maintain any work for the benefit of the owner or interested person,
	and the owner or interested person accepts the undertaking, the undertaking is deemed to be an undertaking referred to in paragraph 28(1)(b) of the Expropriation Act, and it may be enforced by the Board as if it were a condition of the licensee's licence.
	111. Section 33 of the Act is amended by adding the following after subsection (2):
Nunavut	(3) Paragraphs (1)(a) and (h) to (j) do not apply to Nunavut.
R.S., c. P-21	Privacy Act
	112. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':
	Nunavut Water Board
	Office des eaux du Nunavut
1992, c. 40	Yukon Waters Act
	113. *(1) The definition ``usager particulier'' in section 2 of the French version of the Yukon Waters Act* is repealed.**
	(2) 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, leur rives ou leur lit.
	114. Paragraph 8(2)(b) of the French version of the Act is replaced by the following:
	b) par un usager ordinaire ;
	115. Subparagraph 14(4)(b)(iii) of the French version of the Act is replaced by the following:
	(iii) des usagers ordinaires ,
	116. Paragraph 15(2)(c) of the French version of the Act is replaced by the following:
	c) les usagers ordinaires ;
	117. Paragraph 21(1)(b) of the French version of the Act is replaced by the following:
	b) la modification d'un permis de type A qui n'aurait pas de répercussions sur l'utilisa tion, le cours ou la qualité de l'eau ou sur la durée du permis;
1996, c. 10, s. 274(2)	118. (1) Subsection 31(2) of the French version of the Act is replaced by the following:
Avis au ministre compétent	(2) Dans le cas où le ministre accorde l'autorisation , le demandeur ou le titulaire de permis en avise le ministre compétent aux fins de la partie I de la Loi sur l'expropriation.
1996, c. 10, s. 274(2)	(2) Subsection 31(3.4) of the Act is replaced by the following:
Mitigation of damages - enforcement of undertaking	(3.4) Where the applicant or licensee, in mitigation of any injury or damage caused or likely to be caused to lands by an expropriation, undertakes
	(a) to abandon or grant, to the owner of the lands or a person interested in the lands, any portion of its lands or of the land being taken or any easement, servitude or privilege over or in respect of the lands , and
	(b) to construct and maintain any work for the benefit of the owner or interested person,
	and the owner or interested person accepts the undertaking, the undertaking is deemed to be an undertaking referred to in paragraph 28(1)(b) of the Expropriation Act, and it may be enforced by the Board as if it were a condition of the licensee's licence.
	Conditional Amendments
Nunavut Surface Rights bill	119. If a bill, introduced in the second session of the thirty-fifth Parliament and entitled An Act to establish the Nunavut Surface Rights Tribunal and to make consequential amendments to other Acts, is assented to, then, on the coming into force of that Act, subsection 3(2) of this Act is replaced by the following:
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 and the Nunavut Surface Rights Tribunal Act, this Act prevails to the extent of the inconsistency or conflict.
Bill C-25	120. If Bill C-25, introduced in the second session of the thirty-fifth Parliament and entitled An Act respecting regulations and other documents, including the review, registration, publication and parliamentary scrutiny of regulations and other documents, and to make consequential and related amendments to other Acts, is assented to, subsection 33(3) of this Act is replaced by the following:
Non- application of Regulations Act	(3) The regulatory process set out in the Regulations Act does not apply to the rules of the Board.

Bill C-51

Conditional Amendments