Northwest Territories Waters Regulations (SOR/93-303)

Regulations are current to 2013-04-29 and last amended on 2012-11-30. Previous Versions

APPLICATION FEES

 The fee payable on the submission of an application for a licence or for the amendment, renewal, cancellation or assignment of a licence or of an application under section 31 of the Act is $30.

LICENSING CRITERIA

  •  (1) Subject to subsection (2), a licence issued under subsection 14(1) of the Act shall be a type B licence for one or more uses of water or deposits of waste set out in column I of any of Schedules IV to VIII, where any one of those uses or deposits

    • (a) meets a criterion set out in column III thereof; or

    • (b) meets a criterion set out in column II thereof, but does not meet the requirements of paragraphs 5(1)(a) and (b).

  • (2) A licence issued under subsection 14(1) of the Act shall be a type A licence for one or more uses of water or deposits of waste set out in column I of any of Schedules IV to VIII, where any one of those uses or deposits meets a criterion set out in column IV thereof.

WATER USE FEES

  •  (1) Subject to subsections (4) and (5), the fee payable by a licensee for the right to the use of water, calculated on an annual basis, is

    • (a) in respect of an agricultural undertaking, the greater of

      • (i) $30, and

      • (ii) $0.15 for each 1 000 m3 authorized by the licence;

    • (b) in respect of an industrial, mining and milling or miscellaneous undertaking, the greater of $30 and the aggregate of

      • (i) for the first 2 000 m3 per day that is authorized by the licence, $1 for each 100 m3 per day,

      • (ii) for any quantity greater than 2 000 m3 per day but less than or equal to 4 000 m3 per day that is authorized by the licence, $1.50 for each 100 m3 per day, and

      • (iii) for any quantity greater than 4 000 m3 per day that is authorized by the licence, $2 for each 100 m3 per day; and

    • (c) in respect of a power undertaking,

      • (i) for a Class 0 power undertaking, nil,

      • (ii) for a Class 1 power undertaking, $1,500,

      • (iii) for a Class 2 power undertaking, $4,000,

      • (iv) for a Class 3 power undertaking, $10,000,

      • (v) for a Class 4 power undertaking, $30,000,

      • (vi) for a Class 5 power undertaking, $80,000, and

      • (vii) for a Class 6 power undertaking, $90,000 for the first 100 000 kW of authorized production and $1,000 for each 1 000 kW of authorized production in excess of 100 000 kW.

  • (2) For the purposes of paragraph (1)(b), where a licence authorizes the use of water on a basis other than a daily basis, the licence fee payable shall be calculated by converting the rate of authorized use to an equivalent daily rate.

  • (3) Where the volume of water is specified in a licence to be total watercourse flow, the licence fee will be calculated using the mean daily flow of the watercourse, calculated on an annual basis.

  • (4) Licence fees are payable only for the portion of the year during which the licence is in effect.

  • (5) No fees are payable under subsection (1) in respect of a diversion of water where the water is not otherwise used.

  • (6) Licence fees shall be paid or, in the case of an initial payment, deducted from the deposit

    • (a) in respect of a licence for a term of one year or less, at the time the licence is issued; and

    • (b) in respect of a licence for a term of more than one year,

      • (i) for the first year of the licence, at the time the licence is issued, and

      • (ii) for each subsequent year of the licence, or for any portion of the final year of the licence, in advance, on the anniversary of the date of issuance of the licence.

  • (7) Where the licence fee payable under this section is less than the amount of the deposit remitted under subsection 6(1), the difference shall be refunded accordingly.