Bill C-33
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RECOMMENDATION |
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Her 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''.
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SUMMARY |
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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