Bill C-33
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PART 3 |
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TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND COORDINATING AMENDMENTS AND COMING INTO FORCE |
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Transitional Provisions |
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Continuation
of Nunavut
Water Board
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171. (1) The Board established by section
14 and the Nunavut Water Board
established under the Agreement before the
day on which this Act is assented to are
hereby declared for all purposes to be one
and the same body.
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Acts and
decisions of
the Board
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(2) Any act of the Board taken, or any
decision made by it under the Agreement,
before the day on which this Act is assented
to is deemed, to the extent that the act or
decision would have been valid under this
Act, to have been validly taken or made
under this Act.
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Ministerial
approval
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(3) Any approval to the issuance of a
licence by the Board that was given by the
Minister before the day on which this Act is
assented to is deemed to have been validly
given under this Act, to the extent that the
approval would have been validly given
under this Act with the exception of
subsection 56(2) to (2.2).
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Actions of
inspectors
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(4) Any actions taken in Nunavut by
inspectors under the Northwest Territories
Waters Act, for the period beginning on July
9, 1996 and ending on the day before the day
on which this Act is assented to, are deemed,
to the extent that the actions would have
been valid under this Act, to have been
validly taken under this Act.
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Licences
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172. (1) This Act does not affect licences
for the use of waters or the deposit of waste
in Nunavut issued under the Northwest
Territories Waters Act that were in force
immediately before the day on which this
Act is assented to. The licences are deemed
to have been issued by the Nunavut Water
Board under this Act.
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Pending
applications
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(2) The Nunavut Water Board shall
dispose of any application respecting a
licence in relation to a use of waters or a
deposit of waste to which Part 1 applies that
was made to the Northwest Territories
Water Board and was pending on July 9,
1996.
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Existing
regulations
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173. (1) Until they have been replaced or
repealed under this Act, the regulations and
orders made under sections 33 and 34 of the
Northwest Territories Waters Act that were
in force on July 9, 1996 are binding on the
Nunavut Water Board from that date, and
continue to apply from that date in
Nunavut, except in a national park, and the
Board shall exercise the powers of the
Northwest Territories Water Board under
those regulations and orders in relation to
Nunavut.
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Instream use
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(2) The regulations made under
paragraph 33(1)(m) of the Northwest
Territories Waters Act are deemed to
authorize the unlicensed instream use of
waters in Nunavut, except in a national
park.
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Powers of
Board
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(3) During the period of one year
following the day on which this Act is
assented to, the Nunavut Water Board may,
by order, provide that any provision of the
regulations made under paragraph
33(1)(m) or (n) of the Northwest Territories
Waters Act ceases to apply in relation to
Nunavut.
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Applications
not requiring
public
hearings
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174. (1) The regulations made under
paragraph 33(1)(c) of the Northwest
Territories Waters Act are deemed, in
relation to the use of waters or the deposit
of waste in Nunavut, to prescribe, as classes
of applications that are exempted from the
requirement of a public hearing, the classes
of applications in relation to the following:
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Consultation
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(2) Within one year after the day on
which this Act is assented to, the Minister
shall, unless regulations have been made
under paragraph 82(1)(f) before that time
to replace the regulations referred to in
subsection (1), consult the Board on the
application of subsection (1).
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Continuation
of Nunavut
Surface
Rights
Tribunal
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175. The Tribunal established by section
99 and the Nunavut Surface Rights
Tribunal established under the Agreement
before this Act is assented to are hereby
declared for all purposes to be one and the
same body.
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Consequential Amendments |
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R.S., c. A-1
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Access to Information Act
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176. Schedule I to the Access to
Information Act is amended by adding, in
alphabetical order under the heading
``Other Government Institutions'', the
following:
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Nunavut Surface Rights Tribunal
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Nunavut Water Board
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R.S., c. A-12
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Arctic Waters Pollution Prevention Act
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1992, c. 40,
s. 49
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177. The definition ``analyst'' in section 2
of the Arctic Waters Pollution Prevention Act
is replaced by the following:
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``analyst'' « analyste »
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``analyst'' means a person designated as an
analyst under the Canada Water Act, the
Yukon Waters Act, the Northwest Territories
Waters Act or the Nunavut Waters and
Nunavut Surface Rights Tribunal Act;
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1998, c. 25
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Mackenzie Valley Resource Management
Act
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178. Section 60 of the Mackenzie Valley
Resource Management Act is amended by
adding the following after subsection (3):
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Inuit-owned
lands
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(3.1) Sections 15.1 to 15.5 of the Northwest
Territories Water Act apply to the board in
relation to Inuit-owned lands referred to in
those sections, even though those lands are
outside the Mackenzie Valley.
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1988, c. 12
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Northern Canada Power Commission (Share
Issuance and Sale Authorization) Act
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1992, c. 39,
s. 49(1)
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179. Section 12 of the Northern Canada
Power Commission (Share Issuance and
Sale Authorization) Act is replaced by the
following:
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Exemption
from fees
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12. The Minister may, with the approval of
the Governor in Council, make an order
exempting the Corporation from the
requirement to pay fees for the right to use
waters or deposit waste under a licence under
the Northwest Territories Waters Act or Part 1
of the Nunavut Waters and Nunavut Surface
Rights Tribunal Act.
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1992, c. 39
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Northwest Territories Waters Act
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180. (1) The definition ``usager
particulier'' in section 2 of the French
version of the Northwest Territories Waters
Act is repealed.
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(2) Section 2 of the French version of the
Act is amended by adding the following in
alphabetical order:
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« usager
ordinaire » ``instream user''
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« 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, leurs rives ou leur lit.
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181. The Act is amended by adding the
following after section 7:
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Other water
authorities
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7.1 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 an area
for which another body is exercising powers
of water management, the Board may
collaborate with that body.
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182. Paragraph 8(2)(b) of the French
version of the Act is replaced by the
following:
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183. Section 12 of the Act is replaced by
the following:
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Objects
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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 for all Canadians
in general and, in particular, for the residents
of any part of the Northwest Territories for
which the Board is authorized to issue
licences.
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184. (1) Clause 14(4)(a)(i)(A) of the Act is
replaced by the following:
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(2) Subparagraph 14(4)(b)(i) of the Act is
replaced by the following:
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(3) Subparagraph 14(4)(b)(iii) of the
French version of the Act is replaced by the
following:
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(4) Paragraph 14(4)(b) of the Act is
amended by adding the following after
subparagraph (v):
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1998, c. 25,
s. 166
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(5) Paragraph 14(4)(b.1) of the Act is
repealed.
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185. Paragraph 15(2)(c) of the French
version of the Act is replaced by the
following:
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186. The Act is amended by adding the
following after section 15:
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Inuit-owned
land
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15.1 (1) The Board shall not issue a licence
in respect of 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, unless
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Payment of
compensation
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(2) The payment of compensation referred
to in paragraph (1)(b) shall be a condition of
the licence.
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Costs
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(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 subparagraph (1)(b)(i)
shall be paid by the applicant.
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Negotiation to
be in good
faith
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15.2 A request referred to in subparagraph
15.1(1)(b)(i) shall not be considered by the
Board unless the requester has negotiated in
good faith and has been unable to reach an
agreement.
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Factors in
determining
compensation
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15.3 For the purpose of determining
compensation under paragraph 15.1(1)(b), the
following factors shall be taken into account:
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Periodic
review and
payment
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15.4 Unless otherwise agreed by the
designated Inuit organization and the
applicant, where a determination of
compensation has been made under paragraph
15.1(1)(b), that determination shall provide,
having due regard to the nature and duration
of the use of waters or deposit of waste, for the
periodic review and periodic payment of that
compensation.
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Interpretation
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15.5 (1) In this section and sections 15.1 to
15.4,
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Interpretation
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(2) For greater certainty, sections 15.1 to
15.4 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.
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Gwich'in and
Sahtu lands
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15.6 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.
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187. Paragraph 21(1)(b) of the French
version of the Act is replaced by the
following:
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