Marginal note:Factors in determining compensation
61. In determining whether compensation is appropriate for the purpose of paragraph 58(b) or subsection 60(1), the Board shall consider all relevant factors, including
(a) provable loss or damage;
(b) potential loss or damage;
(c) any adverse effect on the quality, quantity or flow of waters;
(d) the extent of the use of waters by persons who would be adversely affected;
(e) any nuisance, inconvenience or disturbance, including noise; and
(f) the cumulative effects of the use of waters or deposits of waste proposed by the applicant and any existing uses of waters and deposits of waste.
Marginal note:Priority of use
62. In relation to Inuit-owned land, any existing use of waters by Inuit has priority over any licensed use or deposit of waste by any person who has a mineral right.
Marginal note:Compensation agreements
63. (1) The Board shall not issue a licence in respect of a use of waters or a deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land, unless
(a) the applicant has entered into an agreement with the designated Inuit organization to pay compensation for any loss or damage that may be caused by the change; or
(b) where there is no agreement referred to in paragraph (a), the Board has, on the request of the applicant or the designated Inuit organization, made a determination of the appropriate compensation.
Marginal note:Payment of compensation
(2) The payment of compensation referred to in paragraph (1)(b) shall be a condition of the licence.
(3) Unless otherwise determined by the 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.
Marginal note:Use outside Nunavut
64. (1) On request by the designated Inuit organization or a person who has applied to the water authority responsible for the management of waters outside Nunavut, but within the Northwest Territories, for a licence or other authorization in relation to a use of waters or a deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land, the Board shall collaborate with that authority to reach a joint determination on the compensation to be paid.
(2) Unless determined otherwise by the Board, costs incurred by the designated Inuit organization as a result of a request referred to in subsection (1) shall be paid by the applicant.
65. For greater certainty, sections 63 and 64 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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