PART 1Nunavut Waters (continued)
DIVISION 2Licences (continued)
Conditions of Licences (continued)
Marginal note:Purpose of conditions
71 In fixing the conditions of a licence, the Board shall make all reasonable efforts to minimize
(a) any adverse effects of the licensed use of waters or deposit of waste on aquatic ecosystems and on the persons who are entitled to be paid compensation under section 58 or 60;
(b) any interference by any person referred to in section 62 with the existing use of waters by the Inuit, whether that use is or is not licensed; and
(c) any loss or damage described in section 63.
Marginal note:Conditions of waste deposit
72 The conditions in a licence relating to the deposit of waste in waters shall
(a) be based on the water quality standards prescribed for those waters by the regulations, if any; and
(b) be at least as stringent as the effluent standards prescribed for those waters by the regulations, if any.
Marginal note:Regulations under Fisheries Act
73 Where the Board issues a licence in respect of any waters to which regulations made under subsection 36(5) of the Fisheries Act apply, any conditions in the licence relating to the deposit of waste in those waters shall be at least as stringent as the conditions prescribed by those regulations.
Marginal note:Conditions relating to design of works
74 A licence shall include conditions that are at least as stringent as any standards prescribed by the regulations for the design, construction, operation and maintenance of works used in relation to appurtenant undertakings.
Marginal note:Licence conditions deemed amended
75 Where regulations referred to in sections 72 to 74 are made or amended after the issuance of a licence, the conditions of the licence are from that time deemed to be amended to the extent, if any, necessary in order to comply, or remain in compliance, with those sections.
76 (1) The Board may require an applicant, a licensee or a prospective assignee to furnish and maintain security with the Minister in the form, of the nature, subject to such terms and conditions and in an amount prescribed by, or determined in accordance with, the regulations or that is satisfactory to the Minister.
Marginal note:Application of security
(2) The security provided by a licensee may be applied by the Minister
(a) to compensate, fully or partially, a person, including the designated Inuit organization, who is entitled to compensation under section 13 and who has been unsuccessful in recovering that compensation, if the Minister is satisfied that the person has taken all reasonable measures to recover it; and
(b) to reimburse Her Majesty in right of Canada, fully or partially, for reasonable costs incurred by Her Majesty in right of Canada under subsection 87(4) or, subject to subsection (3), under subsection 89(1).
(3) Paragraph (2)(b) applies in respect of costs incurred under subsection 89(1) only to the extent that the costs were incurred in relation to a contravention referred to in subparagraph 89(1)(b)(i).
Marginal note:Limitation of security
(4) The amount of the security applied by the Minister under subsection (2) in respect of a particular incident or matter may not exceed the total amount of the security required to be furnished and maintained by the licensee under subsection (1).
Marginal note:Refund of security
(5) Where the Minister is satisfied that an appurtenant undertaking has been permanently closed or permanently abandoned or the licence has been assigned, any portion of the security that, in the Minister’s opinion, will not be applied under subsection (2) shall be returned to the licensee without delay.
Marginal note:Arrangements relating to security
76.1 (1) If a licence is in respect of an appurtenant undertaking that is situated, partially or wholly, on Inuit-owned land, the Minister may enter into a written arrangement with the designated Inuit organization and the applicant, licensee or prospective assignee of the license that provides for
(a) the amount of security to be furnished and maintained by the applicant, licensee or prospective assignee, as well as the form and nature and any conditions of the security, for the purpose mentioned in paragraph 76(2)(b) or for the purpose of reimbursing the designated Inuit organization for the costs specified in the arrangement; and
(b) the periodic review of the security, including by taking into account any material changes to the undertaking or the risk of environmental damage, and the adjustment of the amount of the security as a result of the review.
Marginal note:Copy of arrangement to be provided to Board
(2) The Minister shall, as soon as possible after entering into the written arrangement described in subsection (1), provide a copy of it to the Board.
Marginal note:Arrangement to be taken into account under subsection 76(1)
(3) The Board shall take into account the written arrangement when it determines the amount of the security required to be furnished and maintained by the applicant, licensee or prospective assignee under subsection 76(1).
- 2015, c. 19, s. 46
Marginal note:Permission to expropriate
77 (1) An applicant for a licence, or a licensee, may apply to the Board for permission from the Minister to expropriate, in accordance with the Expropriation Act, land or an interest in land in Nunavut, and the Minister may grant that permission where the Minister, on the recommendation of the Board, is satisfied that
(a) the land or interest is reasonably required in relation to an appurtenant undertaking by the applicant or licensee;
(b) the applicant or licensee has been unable to acquire the land or interest despite reasonable efforts to do so; and
(c) it is in the public interest that such permission be granted.
Marginal note:Notice to appropriate minister
(2) Where the Minister grants permission under subsection (1), the applicant or licensee shall so advise the appropriate minister in relation to Part I of the Expropriation Act.
Marginal note:Expropriation Act
(3) For the purposes of the Expropriation Act, land or an interest in land in respect of which the Minister has granted permission to expropriate is deemed to be an interest in land that, in the opinion of the appropriate minister in relation to Part I of the Expropriation Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be read as a reference to the applicant or licensee.
Marginal note:Inuit-owned land
(4) When Inuit-owned land is expropriated and the designated Inuit organization and the applicant or licensee do not agree on the compensation to be paid, notwithstanding subsection (1), subsections 30(3) to (6) of the Expropriation Act do not apply and
(a) if both parties make a request to the Arbitration Board established under Article 38 of the Agreement, the Arbitration Board shall
(i) appoint a person who is acceptable to both parties to act as a negotiator for the purposes of section 30 of the Expropriation Act, and
(ii) fix the remuneration and expenses, to be paid in equal shares by both parties to that person, for the period, not to exceed eight hours unless the parties agree to an extension of the number of hours, that the person performs the duties described in paragraphs (b) and (c);
(b) the negotiator shall, on reasonable notice to the parties, meet with them or their authorized representatives, make any inspection of the land that the negotiator believes necessary, receive and consider appraisals, valuations or other written or oral evidence on which the parties rely for their estimation of the amount of compensation payable, whether or not the evidence would be admissible in proceedings before a court, and endeavour to effect a settlement;
(c) the negotiator shall, within sixty days after the service of the notice to negotiate, report in writing to each of the parties and to the Arbitration Board concerning the success or failure in the matter of the negotiation;
(d) if the negotiation is not successful, or if there are no negotiations,
(i) sections 31 to 33 of the Expropriation Act do not apply, and compensation shall be determined by arbitration as set out in Article 38 of the Agreement,
(ii) in section 35 and subsection 36(1) of that Act, the term “adjudged” shall be read as “determined”,
(iii) in section 35 and in subsections 36(1) and (5) of that Act, the term “the Court” shall be read as “the arbitration panel”, and
(iv) in subsections 36(2) and (3) of that Act, the term “judgment” shall be read as “the arbitration determination”; and
(e) evidence of anything said or of any admission made in the course of a negotiation under this subsection is not admissible in any proceedings before a court for the recovery of the compensation payable to the designated Inuit organization, or before an arbitration panel established under Article 38 of the Agreement for the determination of the compensation.
Marginal note:Charges for services
(5) The appropriate minister in relation to Part I of the Expropriation Act may make regulations prescribing fees or charges to be paid by an applicant or a licensee in respect of an expropriation referred to in subsection (1), and rates of interest payable in respect of those fees and charges.
Marginal note:Debt due to Her Majesty
(6) The fees or charges referred to in subsection (5) are a debt due to Her Majesty in right of Canada by the applicant or licensee, and shall bear interest at the prescribed rate from the date they are payable.
(7) The appropriate minister in relation to Part I of the Expropriation Act may require the applicant or licensee to provide security, in an amount determined by that minister and subject to any terms and conditions that the minister may specify, for the payment of any fees or charges that are or may become payable under this section.
Marginal note:Mitigation of damages — enforcement of undertaking
(8) Where the applicant or licensee, in mitigation of any injury or damage caused or likely to be caused to lands by an expropriation, undertakes
(a) to abandon or grant, to the owner of the lands or a person interested in the lands, any portion of its lands or of the land being taken or any easement, servitude or privilege over or in respect of the lands, and
(b) to construct and maintain any work for the benefit of the owner or interested person,
and the owner or interested person accepts the undertaking, the undertaking is deemed to be an undertaking referred to in paragraph 28(1)(b) of the Expropriation Act and it may be enforced by the Board as if it were a condition of the licensee’s licence.
(9) A copy of the document evidencing the permission granted by the Minister under subsection (1), certified as such by the Chairperson of the Board, shall be deposited with the registrar of land titles for the registration district in which the affected lands are situated.
Marginal note:Duties of registrars
(10) The provisions of section 210 of the Canadian Energy Regulator Act relating to plans, profiles and books of reference deposited with land registrars under that Act and the duties of land registrars with respect to those plans, profiles and books, in so far as they are reasonably applicable and not inconsistent with this Part, apply in respect of copies of documents deposited under subsection (9).
(11) This section does not apply in respect of lands in Nunavut that are vested in Her Majesty in right of Canada or of which the Government of Canada has power to dispose.
Marginal note:Expropriation subject to Agreement
(12) The expropriation of Inuit-owned land under this section is subject to the terms of Part 9 of Article 21 of the Agreement.
- 2002, c. 10, s. 77
- 2019, c. 28, s. 173
Marginal note:Public register
78 (1) The Board shall maintain at its main office, in the form prescribed by the regulations, a register convenient for use by the public, in which shall be entered, with respect to each application filed with the Board and with respect to each licence issued by it, such information as is prescribed by the regulations.
Marginal note:Register to be open to inspection
(2) The register shall be open to inspection by any person, during normal business hours of the Board, on payment of the fee prescribed by the regulations.
Marginal note:Copies of contents of register
(3) The Board shall, on request and on payment of the fee fixed by the Board, make available copies of information contained in the register.
Marginal note:Reasons for decisions
79 (1) The Board shall issue, and make available to the public, written reasons for its decisions relating to any licence or application.
Marginal note:Copies of decisions to parties
(2) The Board shall send a copy of its decision and the reasons for it
(a) to the applicant or licensee;
(b) where the affected waters are ones in respect of which section 63 applies, to the designated Inuit organization; and
(c) to any other person with a right to compensation under section 58 or 60.
Marginal note:Decisions final
80 Except as provided in this Part, every decision of the Board is final.
Marginal note:Appeal to Federal Court
81 (1) An appeal may be taken from a decision of the Board to the Federal Court on a question of law, or a question of jurisdiction, on leave being obtained from that Court on application made within forty-five days after the making of that decision or within such further time as that Court or a judge of that Court allows under special circumstances.
Marginal note:Time limit
(2) No appeal may be proceeded with unless it is entered in the Federal Court within sixty days after the making of the order granting leave to appeal.
Marginal note:Obligation to pay costs
81.1 (1) For the Minister to recover costs that are incurred in relation to the consideration of an application for a licence or for the renewal, amendment or cancellation of a licence, the applicant or a licensee shall pay to the Minister
(a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Board or of its members;
(b) any costs incurred by the Board for services that are prescribed by the regulations and that are provided to it by a third party; and
(c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Minister.
Marginal note:Debt due to Her Majesty
(2) The amounts and costs that the applicant or a licensee must pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
- 2015, c. 19, s. 47
Regulations and Orders
82 (1) The Governor in Council may, on the recommendation of the Minister, make regulations
(a) establishing water management areas in Nunavut consisting of river basins or other geographical areas;
(b) for the purposes of paragraphs (b) to (d) of the definition waste in section 4,
(i) specifying substances and classes of substances,
(ii) prescribing quantities or concentrations of substances and classes of substances, and
(iii) describing treatments of or changes to water;
(c) authorizing the use without a licence of waters in Nunavut, except in a national park, for the purpose, in the quantity, at the rate, during the period and subject to the conditions specified in the regulations;
(d) authorizing the deposit of waste without a licence in Nunavut, except in a national park, and specifying the conditions of the deposit, including the quantities, concentration and types of waste that may be deposited;
(e) prescribing the manner in which a report under subsection 12(3) is to be made;
(f) on the advice of the Board or after consultation with the Board, exempting any class of applications in relation to licences from the requirement of a public hearing;
(g) prescribing the criteria to be applied by the Board in determining, on an application for a licence, whether the proposed use of waters or deposit of waste requires a type A or a type B licence;
(h) prescribing what constitutes a material conflict of interest for the purpose of subsection 23(1);
(h.1) prescribing classes of appurtenant undertakings for the purposes of a type A licence described in paragraph 45(a);
(i) in relation to the security referred to in subsection 76(1),
(i) prescribing the form and nature of the security and the terms and conditions on which it is to be furnished and maintained, and
(ii) prescribing the amount of the security or the manner of determining the amount of the security or authorizing the Board to fix that amount in accordance with the regulations;
(j) prescribing water quality standards in Nunavut, except in a national park;
(k) prescribing effluent standards in Nunavut, except in a national park;
(l) prescribing standards for the design, construction, operation and maintenance of works used in relation to appurtenant undertakings;
(m) prescribing the fees to be paid
(i) for the right to use waters or deposit waste in waters under a licence,
(ii) for the filing of any application with the Board, and
(iii) for inspection of the register maintained under section 78;
(n) prescribing the times at which and the manner in which the fees prescribed under paragraph (m) shall be paid;
(o) requiring persons who use waters or deposit waste in waters in Nunavut, except in a national park, to maintain books and records for the proper enforcement of this Part, and to submit to the Board, on a monthly, quarterly, semi-annual or annual basis, reports containing specified information on any of their operations;
(p) requiring persons who deposit waste in waters in Nunavut, except in a national park, to submit representative samples of the waste to the Board for analysis or to analyse representative samples and submit the results to the Board;
(q) respecting the taking of representative samples of waters or waste and respecting the method of analysing those samples;
(r) prescribing the form of the register to be maintained under section 78 and the information to be entered in it;
(r.1) respecting the recovery of amounts and costs for the purposes of section 81.1, including prescribing amounts and services for the purposes of that section and exempting any class of applicants or licensees from the application of that section;
(s) respecting the duties of persons designated as analysts under section 85; and
(t) generally, for carrying out the purposes and provisions of this Part.
Marginal note:Concurrence of Board
(2) For the purposes of paragraphs (1)(a), (c) and (d), the recommendation of the Minister is subject to the concurrence of the Board.
Marginal note:Consultation with the Board
(3) For the purposes of paragraph (1)(b), the recommendation of the Minister shall be made after consultation with the Board.
Marginal note:Variation in regulations
(4) Regulations made under subsection (1) may vary, among water management areas established under paragraph (1)(a), according to the use of waters, the purpose of that use and the quantity and rate of flow of waters used, and the quantities, concentrations and types of waste deposited or any other criteria.
- 2002, c. 10, s. 82
- 2015, c. 19, s. 48
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