Bill C-62

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First Reading

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	RECOMMENDATION
	His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal and to make consequential amendments to other Acts''.
	SUMMARY
	This enactment implements obligations under the Agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada. The Agreement came into effect on July 9, 1993 by virtue of the Nunavut Land Claims Agreement Act.
	Part 1 of the enactment implements provisions of the Agreement related to management of waters. It establishes an institution of public government, the Nunavut Water Board. The members of the Board are appointed by the Minister of Indian Affairs and Northern Development.
	The Nunavut Water Board has powers similar to those of the Northwest Territories Water Board under the Northwest Territories Waters Act. The Board's primary function is to license uses of water and deposits of waste. The Board is required, in the exercise of that licensing power, to consider any detrimental effects of a potential use of waters or a deposit of waste on other water users and is to hold, where appropriate, public hearings.
	Part 1 reproduces specific requirements of the Agreement. The main requirement is that the Board is prohibited from issuing, renewing or amending a licence if there may be a substantial effect on the quality, quantity or rate of flow of waters through Inuit-owned land unless the applicant has entered into an agreement with the Inuit to compensate for any loss or damage or the Board has determined the appropriate compensation.
	The Nunavut Water Board is required to cooperate with the Nunavut Planning Commission to develop land use plans that affect water, and with the Nunavut Impact Review Board to assess environmental and socio-economic impacts of water-related project proposals.
	In Part 2 of the enactment, the Government of Canada implements the obligation it has undertaken in the Agreement to establish the Nunavut Surface Rights Tribunal as an independent body. The Agreement grants the Inuit ownership of certain lands in Nunavut, and certain rights respecting the compensation for harvesting of wildlife resources.
	The Tribunal is an institution of public government composed of up to eleven members appointed by the Minister of Indian Affairs and Northern Development. The Tribunal has the power to make orders establishing conditions for access to Inuit-owned land, privately owned land and privately occupied Crown land. In the case of loss suffered by Inuit in respect of wildlife harvesting due to development activity, the Tribunal has the power to determine the liability of the developer for compensation.
	EXPLANATORY NOTES
	Clause 175: These amendments are consequential on the establishment of a territory of Canada, to be known as Nunavut, by section 3 of the Nunavut Act, S.C. 1993, c. 28. That section, which is not yet in force, will come into force pursuant to subsection 79(1) of that Act on April 1, 1999 or on such earlier day as the Governor in Council may fix by order.
	Clause 176: New.
	Arctic Waters Pollution Prevention Act
	Clause 178: The definition ``analyst'' in section 2 reads as follows:
	``analyst'' means a person designated as an analyst pursuant to the Canada Water Act, the Yukon Waters Act or the Northwest Territories Waters Act;
	Clause 179: New.
	Northern Canada Power Commission (Share Issuance and Sale Authorization) Act
	Clause 180: Section 12 reads as follows:
	12. The Minister may, with the approval of the Governor in Council, make an order exempting the Corporation as continued pursuant to section 10 from the requirement to pay fees for the right to use waters or deposit waste pursuant to a licence under the Northwest Territories Waters Act.
	Northwest Territories Waters Act
	Clause 181: (1) The definition ``instream user'' in section 2 reads as follows:
	``instream user'' means a person using waters, otherwise than as described in paragraph (a), (b) or (c) of the definition ``use'', to earn income or for subsistence purposes;
	(2) The definition ``territorial lands'' in section 2 reads as follows:
	``territorial lands'' means lands in the Northwest Territories that are vested in Her Majesty in right of Canada or of which the Government of Canada has power to dispose;
	(4) New.
	Clause 182: (1) Section 7 reads as follows:
	7. With the approval of the Governor in Council and subject to any agreement entered into pursuant to section 5 or 11 of the Canada Water Act, the Minister may, on behalf of the Government of Canada, enter into an agreement with a provincial or territorial government providing for the management of any waters
	(a) situated partially in the Northwest Territories and partially in a province or the Yukon Territory; or
	(b) flowing between the Northwest Territories and a province or the Yukon Territory.
	(2) New.
	Clause 183: (1) The relevant portion of subsection 8(1) reads as follows:
	8. (1) Except as authorized pursuant to the Dominion Water Power Act, and subject to subsection (2), no person shall use, or permit the use of, waters in a water management area except
	(2) The relevant portion of subsection 8(2) reads as follows:
	(2) Subsection (1) does not apply in respect of the use of waters
	. . .
	(b) by an instream user; or
	Clause 184: Subsection 9(1) reads as follows:
	9. (1) Except in accordance with the conditions of a licence or as authorized by regulations made under paragraph 33(1)(n), no person shall, subject to subsection (2), deposit or permit the deposit of waste
	(a) in any waters in a water management area; or
	(b) in any other place under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter any waters in a water management area.
	Clause 185: Section 12 reads as follows:
	12. The objects of the Board are to provide for the conservation, development and utilization of waters in a manner that will provide the optimum benefit therefrom for all Canadians and for the residents of the Northwest Territories in particular.
	Clause 186: (1) to (4) Subparagraph 14(4)(b)(v.1) is new. The relevant portion of subsection 14(4) reads as follows:
	(4) Where an application for a licence is made, the Board shall not issue a licence unless the applicant satisfies the Board that
	(a) either
	(i) the use of waters or the deposit of waste proposed by the applicant would not adversely affect, in a significant way, the use of waters, whether in or outside the water management area to which the application relates,
	(A) by any existing licensee, or
	. . .
	(b) compensation that the Board considers appropriate has been or will be paid by the applicant to any other applicant described in clause (a)(i)(B) but to whom paragraph (a) does not apply, and to
	(i) licensees to whom paragraph (a) does not apply,
	. . .
	(iii) instream users,
	. . .
	who were such licensees, users, depositors, owners, occupiers or holders, whether in or outside the water management area to which the application relates, at the time when the applicant filed an application with the Board in accordance with the regulations made under paragraphs 33(1)(d) and (e), who would be adversely affected by the use of waters or deposit of waste proposed by the applicant, and who have notified the Board in response to the notice of the application given pursuant to subsection 23(1) and within the time period stipulated in that notice for making representations to the Board;
	(5) Paragraph 14(4)(b.1) reads as follows:
	(b.1) in any case where the Board has been notified under subsection 78(1) of the Mackenzie Valley Resource Management Act, the requirements of subsection 78(3) of that Act are satisfied;
	Clause 187: The relevant portion of subsection 15(2) reads as follows:
	(2) In fixing the conditions of a licence, the Board shall make all reasonable efforts to minimize any adverse effects of the issuance of the licence on


	. . .
	(c) instream users,
	. . .
	who are such licensees, users, depositors, owners, occupiers or holders, whether in or outside the water management area to which the application relates, at the time when the Board is considering the fixing of those conditions, who would be adversely affected by the use of waters or deposit of waste proposed by the applicant, and who have notified the Board in response to the notice of the application given pursuant to subsection 23(1) and within the time period stipulated in that notice for making representations to the Board.
	Clause 188: New.
	Clause 189: The relevant portion of subsection 21(1) reads as follows:
	21. (1) The Board may, where satisfied that it would be in the public interest, hold a public hearing in connection with any matter relating to its objects, including, without limiting the generality of the foregoing,
	. . .
	(b) an amendment to a type A licence pursuant to which neither the use, flow or quality of waters nor the term of the licence would be altered; and
	Clause 190: Section 29 reads as follows:
	29. (1) Where two licensees have licences permitting the use of waters, the licensee who first filed an application with the Board in accordance with the regulations made under paragraphs 33(1)(d) and (e) is entitled to the use of waters in accordance with that licensee's licence in precedence to any use of the waters by the other licensee.
	(2) Subsection (1) applies, with such modifications as the circumstances require, in respect of any rights acquired by a licensee through an amendment to the licensee's licence.
	(3) Subject to subsection (2), a licence that has been renewed or assigned shall, for the purposes of this section, be deemed to be a continuation of the original licence.
	Clause 191: (1) The relevant portion of subsection 31(1) reads as follows:
	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 an interest in land in the Northwest Territories, and where the Minister, on the recommendation of the Board, is satisfied that
	(2) Subsection 31(2) reads as follows:
	(2) Where the Minister grants permission under subsection (1), the applicant or licensee shall so advise the appropriate minister in relation to Part I of the Expropriation Act.
	(3) Subsection 31(3.4) reads as follows:
	(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 party 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 land, and
	(b) to construct and maintain any work for the benefit of the owner or interested person,
	and the owner or person interested 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.
	Clause 192: New.
	Canada Oil and Gas Operations Act
	Clause 193: Subsection 5.01(3) is new. Subsection 5.01(2) reads as follows:
	(2) Where a person occupies land in an area to which this Act applies under a lawful right or title, other than an authorization under paragraph 5(1)(b) or an interest as defined in the Canada Petroleum Resources Act, no person may enter on or use the surface of that land for a purpose mentioned in subsection (1) without the consent of the occupier or, where consent has been refused, except in accordance with the terms and conditions of a decision of an arbitrator made in accordance with the regulations.
	Yukon Surface Rights Board Act
	Clause 195: The relevant portion of section 40 reads as follows:
	40. The Board may make rules
	. . .
	(c) respecting the allowance of costs, including rules
	. . .
	(ii) respecting the circumstances under which the Board may allow costs with respect to matters dealt with in the schedule of fees and other expenses on a basis other than that established by the schedule.
	Clause 196: Subsection 76(1) reads as follows:
	76. (1) Notwithstanding section 18 of the Federal Court Act, the Federal Court - Trial Division has concurrent original jurisdiction in respect of relief referred to in paragraph 18(1)(b) of that Act, and the Attorney General of Canada, the Territorial Minister or anyone directly affected by the matter in respect of which relief is sought may make an application for judicial review to the Supreme Court of the Yukon Territory for any relief that the applicant could otherwise obtain in respect of the Board by way of an application for an order of or in the nature of mandamus, prohibition or certiorari or by way of an action for a declaration or an injunction.
	Yukon Waters Act
	Clause 197: (1) The definition ``instream user'' in section 2 reads as follows:
	``instream user'' means a person using waters, otherwise than as described in paragraph (a), (b) or (c) of the definition ``use'', to earn income or for subsistence purposes;
	(2) New.
	Clause 198: The relevant portion of subsection 8(2) reads as follows:
	(2) Subsection (1) does not apply in respect of the use of waters
	. . .
	(b) by an instream user; or
	Clause 199: Section 12 reads as follows:
	12. The objects of the Board are to provide for the conservation, development and utilization of waters in a manner that will provide the optimum benefit therefrom for all Canadians and for the residents of the Yukon Territory in particular.
	Clause 200: The relevant portion of subsection 14(4) reads as follows:
	(4) Where an application for a licence is made, the Board shall not issue a licence unless the applicant satisfies the Board that
	. . .
	(b) compensation that the Board considers appropriate has been or will be paid by the applicant to any other applicant described in clause (a)(i)(B) but to whom paragraph (a) does not apply, and to
	. . .
	(iii) instream users,
	. . .
	who were such licensees, users, depositors, owners, occupiers or holders, whether in or outside the water management area to which the application relates, at the time when the applicant filed an application with the Board in accordance with the regulations made under paragraphs 33(1)(d) and (e), who would be adversely affected by the use of waters or deposit of waste proposed by the applicant, and who have notified the Board in response to the notice of the application given pursuant to subsection 23(1) and within the time period stipulated in that notice for making representations to the Board;
	Clause 201: The relevant portion of subsection 15(2) reads as follows:
	(2) In fixing the conditions of a licence, the Board shall make all reasonable efforts to minimize any adverse effects of the issuance of the licence on
	. . .
	(c) instream users,
	. . .
	who are such licensees, users, depositors, owners, occupiers or holders, whether in or outside the water management area to which the application relates, at the time when the Board is considering the fixing of those conditions, who would be adversely affected by the use of waters or deposit of waste proposed by the applicant, and who have notified the Board in response to the notice of the application given pursuant to subsection 23(1) and within the time period stipulated in that notice for making representations to the Board.
	Clause 202: The relevant portion of subsection 21(1) reads as follows:
	21. (1) The Board may, where satisfied that it would be in the public interest, hold a public hearing in connection with any matter relating to its objects, including, without limiting the generality of the foregoing,
	. . .
	(b) an amendment to a type A licence pursuant to which neither the use, flow or quality of waters nor the term of the licence would be altered; and
	Clause 203: (1) Subsection 31(2) reads as follows:
	(2) Where the Minister grants permission under subsection (1), the applicant or licensee shall so advise the appropriate minister in relation to Part I of the Expropriation Act.
	(2) Subsection 31(3.4) reads as follows:
	(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 party 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 land, and
	(b) to construct and maintain any work for the benefit of the owner or interested person,
	and the owner or person interested 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.