Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)

Marginal note:Assignment of licences

• 44. (1) A sale or other disposition by a licensee of any right, title or interest in an appurtenant undertaking constitutes, subject to the authorization of the Board, an assignment of the licence to the person to whom the sale or other disposition is made.

• Marginal note:Authorization of assignment

  (2) The Board shall, on application, authorize the assignment of a licence if it is satisfied that the assignment and the operation of the appurtenant undertaking would not be likely to result in a contravention of any condition of the licence or any provision of this Part or the regulations.

• Marginal note:Licence not otherwise assignable

  (3) Except as provided in this section, a licence is not assignable.

Marginal note:Term

45. The term of a licence or any renewal shall not exceed twenty-five years.

Marginal note:Expiry or cancellation

46. The expiry or cancellation of a licence does not relieve the holder from any obligations imposed by the licence.

Marginal note:Precedence

47. Subject to section 62, where two persons hold licences or other authorizations to use waters issued by any authority responsible for the management of waters in the Northwest Territories or in Nunavut, the person who first applied is entitled to the use of the waters in accordance with that person’s licence or authorization in precedence to the other person.

Marginal note:Requirements

• 48. (1) An application in relation to a licence shall contain the information and be in the form required by the rules or by-laws of the Board, and be accompanied by the fees required by the regulations.

• Marginal note:Information and studies to be provided to Board

  (2) An application, except in relation to a cancellation, shall be accompanied by the information and studies concerning the use of waters or the deposit of waste that are required for the Board to evaluate the qualitative and quantitative effects of the use or the deposit on waters.

• Marginal note:Guidelines for applicant

  (3) On the filing of an application, the Board may provide guidelines to the applicant respecting the information to be provided by the applicant in respect of any matter that the Board considers relevant, including the following:

  • (a) the description of the use of waters, deposit of waste or appurtenant undertaking, as the case may be;

  • (b) the qualitative and quantitative effects of the use of waters or the deposit of waste on the drainage basin where the use is to be undertaken or the deposit is to be made, and the anticipated impact of the use or deposit on other users;

  • (c) the measures the applicant proposes to take to avoid or mitigate any adverse impact of the use of waters or the deposit of waste;

  • (d) the measures the applicant proposes to take to compensate persons, including the designated Inuit organization, who are adversely affected by the use of waters or the deposit of waste;

  • (e) the program the applicant proposes to undertake to monitor the impact of the use of waters or the deposit of waste;

  • (f) the interests in and rights to lands and waters that the applicant has obtained or seeks to obtain; and

  • (g) the options available for the use of waters or the deposit of waste.