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

Marginal note:Deposit of waste

• 12. (1) Subject to subsection (2) and except in accordance with the conditions of a licence, no person shall deposit or permit the deposit of waste

  • (a) in waters in Nunavut; or

  • (b) in any other place in Nunavut under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter waters in Nunavut.

• Marginal note:Exceptions

  (2) Subsection (1) does not apply in respect of

  • (a) any unlicensed deposit of waste that is authorized by the regulations; or

  • (b) the deposit of waste in a national park.

• Marginal note:Duty to report deposits

  (3) Where waste is deposited in contravention of this section, every person who owns or has the charge, management or control of the waste, or who caused or contributed to the deposit, shall, subject to the regulations, without delay report the deposit to an inspector.

Marginal note:Right to compensation

• 13. (1) Except as otherwise provided by a compensation agreement referred to in this Part, a person, including the designated Inuit organization, who is adversely affected by a licensed use of waters or deposit of waste, or by an unlicensed use of waters or deposit of waste authorized by the regulations, is entitled to be compensated in respect of that adverse effect by the licensee or the person so authorized and to recover the compensation in any court of competent jurisdiction.

• Marginal note:Limitation

  (2) A person, including the designated Inuit organization, is entitled to recover compensation under subsection (1) only to the extent that the person is not paid compensation under any other provision of this Part in respect of the adverse effect.

Marginal note:Establishment of Board

• 14. (1) There is hereby established the Nunavut Water Board, the members of which are to be appointed by the Minister.

• Marginal note:Number of members

  (2) Subject to sections 16 and 17, the Board consists of nine members, including the Chairperson.

• Marginal note:Proportions

  (3) The following rules apply to the appointment of members, other than the Chairperson:

  • (a) one half of the members shall be appointed on the nomination of the designated Inuit organization; and

  • (b) one quarter of the members shall be appointed on the nomination of

    • (i) the territorial minister responsible for renewable resources, and

    • (ii) the territorial minister or ministers designated, by an instrument of the Executive Council of Nunavut, for the purposes of this paragraph.

• Marginal note:Appointment of Chairperson

  (4) The Chairperson shall be appointed after consultation with the other members.