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

Financial Provisions

Marginal note:Annual budget

• 32 (1) The Board shall annually submit a budget for the following fiscal year to the Minister for consideration.

• Marginal note:Accounts

  (2) The Board shall maintain books of account and records in relation to them in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor.

• Marginal note:Consolidated financial statements

  (3) The Board shall, within such time after the end of each fiscal year as the Minister specifies, prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (2), and shall include in the consolidated financial statements any information or statements that are required in support of them.

• Marginal note:Audit

  (4) The accounts, financial statements and financial transactions of the Board shall be audited annually by the auditor of the Board and, where the Minister requests, the Auditor General of Canada. The auditor and, where applicable, the Auditor General of Canada shall make a report of the audit to the Board and the Minister.

Rules and By-laws

Marginal note:Powers of Board

• 33 (1) The Board may make rules and by-laws respecting the conduct and management of its business.

• Marginal note:Principles to be applied

  (2) The Board shall apply the following principles when making rules or by-laws for the conduct of public hearings:

  • (a) the admission of evidence that would not normally be admissible under strict rules of evidence shall be allowed, and appropriate weight shall be given to such evidence;

  • (b) due regard and weight shall be given to Inuit culture, customs and knowledge; and

  • (c) procedural fairness shall be observed.

• Marginal note:Non-application of Statutory Instruments Act

  (3) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules and by-laws of the Board.

Marginal note:Pre-publication

• 34 (1) The Board shall give notice at least sixty days in advance of making any rule or by-law about practice and procedure for applications and hearings before it by

  • (a) publishing the proposed rule or by-law in a newspaper or other periodical that, in the opinion of the Board, has a large circulation in Nunavut; and

  • (b) sending a copy of the proposed rule or by-law to the council of each municipality in Nunavut.

• Marginal note:Representations invited

  (2) The notice referred to in subsection (1) shall include an invitation to interested persons to make representations in writing to the Board about the proposed rule or by-law within sixty days after publication of the notice.

• Marginal note:Response to representations

  (3) The Board may not make the rule or by-law until after it has responded to any representations made within the time limit referred to in subsection (2).

• Marginal note:Exception

  (4) Once a notice is published under subsection (1), no further notice is required to be published about any amendment to the proposed rule or by-law that results from representations made by interested persons.

• Marginal note:Publication

  (5) As soon as possible after the rule or by-law has been made, the Board shall

  • (a) publish it in a newspaper or other periodical that, in the opinion of the Board, has a large circulation in Nunavut; and

  • (b) publish a notice in the Canada Gazette that the rule or by-law has been made, indicating the newspaper or periodical in which it has been published.

Objects of Board and Its Relationship with Other Bodies

Marginal note:Objects

35 The objects of the Board are to provide for the conservation and utilization of waters in Nunavut, except in a national park, in a manner that will provide the optimum benefit from those waters for the residents of Nunavut in particular and Canadians in general.

Marginal note:Land use plans

• 36 (1) The Board shall contribute fully to the development of land use plans so far as they concern waters in Nunavut, by providing recommendations to the Nunavut Planning Commission.

• Marginal note:Review by Nunavut Planning Commission

  (2) In order to avoid unnecessary duplication and to ensure that projects are dealt with in a timely manner, the Board shall cooperate and coordinate its consideration of applications with the Nunavut Planning Commission’s review of projects under sections 76 to 85 of the Nunavut Planning and Project Assessment Act for conformity with any applicable land use plans approved under subsection 55(1) of that Act.

Marginal note:Screening and review of projects

• 37 (1) In order to avoid unnecessary duplication and to ensure that projects are dealt with in a timely manner, the Board shall cooperate and coordinate its consideration of applications with the Nunavut Impact Review Board or any federal environmental assessment panel or joint panel established under subsection 115(1) or paragraph 160(1)(a) or (b) of the Nunavut Planning and Project Assessment Act in relation to the screening of projects by that Board and the review of projects by that Board or panel.

• Marginal note:Joint hearings

  (2) The Board may, in lieu of conducting a separate public hearing in respect of a licence in connection with a project for which a public hearing is to be held by the Nunavut Impact Review Board or the panel referred to in subsection (1), as the case may be, conduct, in relation to the project, a joint hearing with that Board or panel or participate in the hearing of that Board or panel.

Marginal note:Restriction on powers

• 38 (1) The Board may not issue, renew or amend a licence to use waters or deposit waste in relation to a use or deposit, or appurtenant undertaking, that is a project within the meaning of subsection 2(1) of the Nunavut Planning and Project Assessment Act if

  • (a) the assessment of the project under Part 3 of that Act has not been completed;

  • (b) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(4) or (6) or 144(3) of that Act;

  • (c) the Nunavut Planning Commission has determined, under section 77 of that Act, that the project is not in conformity with any applicable land use plan, and no minor variance or exemption has been granted in respect of the project under paragraph 81(2)(a) or 82(2)(a) of that Act, as the case may be;

  • (d) the responsible Minister, within the meaning of subsection 73(1) of that Act, has decided that the project could be modified and an amended project proposal submitted to the Nunavut Planning Commission, or that it is not to proceed; or

  • (e) the responsible authority, within the meaning of section 163 of that Act, has determined, under section 165 of that Act, that the project is not in conformity with the requirements set out by or under any law for which it has responsibility.

• Marginal note:Exception

  (2) Despite paragraph (1)(a), the Board may issue, renew or amend a licence in relation to exploration or developmental activities referred to in subsection 154(1) of the Nunavut Planning and Project Assessment Act or exploration or development activities referred to in paragraph 155(1)(a) or (b) of that Act.

• Marginal note:Non-renewal, etc.

  (3) Licences issued under subsection (2) must not be renewed or amended if the responsible Minister, as defined in subsection 73(1) of the Nunavut Planning and Project Assessment Act, has come to a decision under Part 3 of that Act that the project to which the activities in question relate either is not to proceed or could be modified and an amended project proposal submitted to the Commission or the responsible authority within the meaning of section 163 of that Act, as the case may be.

39 [Repealed, 2013, c. 14, s. 8]

Marginal note:Other water authorities

40 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 a national park or any place outside Nunavut, the Board may collaborate with any body exercising powers of water management for that park or place.

Marginal note:Marine areas

41 The Board may, either jointly with the Nunavut Planning Commission, the Nunavut Impact Review Board and the Nunavut Wildlife Management Board, as established by the Agreement, acting as the Nunavut Marine Council referred to in section 15.4.1 of the Agreement, or on its own, advise and make recommendations respecting any marine area to any department or agency of the Government of Canada or the Government of Nunavut, and those governments shall consider that advice and those recommendations when making any decision that may affect that marine area.

DIVISION 2Licences

General Rules

Marginal note:Issuance

• 42 (1) Subject to this Act and on application, the Board may issue the appropriate licence.

• Marginal note:Exception

  (2) The Board may not issue a licence in respect of a use of waters described in paragraph 11(2)(b) or (c) or a deposit of waste described in paragraph 12(2)(b).

• Marginal note:Refusal to issue licence

  (3) The Board may not refuse to issue a licence merely because the regulations authorize the use of waters or the deposit of waste without a licence.

Marginal note:Renewal, amendment and cancellation

• 43 (1) Subject to this Act, the Board may

  • (a) on application by the licensee, renew a licence, with or without changes to the conditions of the licence;

  • (b) amend, for a specified term or otherwise, any condition of a licence

    • (i) on application by the licensee,

    • (ii) to deal with a water shortage, or

    • (iii) where the Board considers the amendment to be in the public interest; and

  • (c) cancel a licence

    • (i) on application by the licensee,

    • (ii) where the licensee, for three successive years, fails to exercise the licensee’s rights under the licence, or

    • (iii) where the Board considers the cancellation to be in the public interest.

• Marginal note:Renewal and amendment

  (2) Sections 57 to 76 apply in relation to the renewal or amendment of a licence.

Marginal note:Notice — on Board’s initiative

• 43.1 (1) The Board shall give notice of its intention to consider, on its own initiative, the amendment of a condition of a licence under subparagraph 43(1)(b)(ii) or (iii) or the cancellation of a licence under subparagraph 43(1)(c)(ii) or (iii), by publishing a notice on its Internet site, in the public registry, in the Canada Gazette or in a newspaper or other periodical that, in its opinion, has a large circulation in Nunavut.

• Marginal note:Exception

  (2) Subsection (1) does not apply if the Board, with the consent of the Minister, declares the amendment or the cancellation to be required on an emergency basis.

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.