GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 70
Powers of Board 70 (1) Subject to this Act and the regulations, the Board may include in a licence any conditions that it considers appropriate, including conditions relating to (a) the manner in which waters may be used; (b) the quantity, concentration and types of waste that may be deposited and the manner of depositing waste; (c) the studies to be undertaken, works to be constructed, plans, including contingency plans, to be submitted, and monitoring programs to be undertaken; and (d) any future closing or abandonment of the appurtenant undertaking. Monitoring programs (2) The monitoring programs referred to in paragraph (1)(c) may specify responsibilities of the applicant, the Nunavut Impact Review Board or Her Majesty in right of Canada. Terms and Conditions (3) The Board shall, to the extent of its jurisdiction and authority under this Act to do so, incorporate the terms and conditions referred to in subsection 136(1) of the Nunavut Planning and Project Assessment Act in a licence that is issued in respect of the use of waters or deposit of waste or the appurtenant undertaking to which that use or deposit relates. 2002, c. 10, s. 70; 2013, c. 14, s. 9
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 71
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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 72
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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 73
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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 74
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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 75
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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 76
Security 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. 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). Limitation (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). 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). 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 76.1
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. 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. 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
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 77
r 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. 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. Security (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. 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. Registration (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. 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). Exceptions (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. 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
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 78
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. 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. 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 79
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. 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 80
Decisions final 80 Except as provided in this Part, every decision of the Board is final.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 81
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. 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.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 81.1
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. 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
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 82
 and provisions of this Part. 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. 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. 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
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 83
Reservation of water rights 83 (1) The Governor in Council may, by order, direct the Board not to issue licences permitting the use of, or the deposit of waste directly or indirectly into, any waters specified in the order, or may prohibit a use of waters or a deposit of waste that would otherwise be authorized under paragraph 82(1)(c) or (d) (a) in order to enable comprehensive evaluation and planning to be carried out with respect to those waters, including planning by the Nunavut Planning Commission; or (b) where the use of those waters or the maintenance of their quality is required in connection with an undertaking that is, in the opinion of the Governor in Council, in the public interest. Licences of no effect (2) A licence issued in contravention of an order made under subsection (1) is of no force or effect.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 84
Recommendations to Minister 84 The Board may, and at the request of the Minister shall, make such recommendations to the Minister as it considers appropriate concerning any matter in respect of which the Governor in Council is authorized by section 82 or 83 to make regulations or orders.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 85
Inspectors and analysts 85 (1) The Minister may designate any qualified person as an inspector or analyst for the purposes of this Part. Certificate to be produced (2) The Minister shall furnish every inspector with a certificate of designation as an inspector, and an inspector shall, if so requested, produce the certificate to the person in charge of any place entered by the inspector.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 86
Powers of inspection 86 (1) For the purpose of ensuring compliance with this Part, the regulations or a licence, an inspector may, subject to subsection (3), at any reasonable time, (a) enter any place in Nunavut in which the inspector believes, on reasonable grounds, (i) a work is being constructed that, on completion, will form part of an appurtenant undertaking, or (ii) any alteration or extension is being carried out on a work that forms part of an appurtenant undertaking; (b) conduct such inspections of a work described in paragraph (a) as the inspector considers necessary in order to determine (i) whether plans and specifications forming part of an application for a licence, filed with the Board by the person constructing the work, are being complied with, or (ii) whether the alteration or extension of the work is likely to result in a contravention of any condition of a licence; and (c) enter any place in Nunavut, except in a national park, in which the inspector believes, on reasonable grounds, that (i) waters are being used, (ii) there is being or has been carried out any process that may produce or has produced waste, or (iii) there is any waste that may be added to waters, and, in that place, examine any works, waters or waste, open any container that the inspector believes, on reasonable grounds, contains any waters or waste, and take samples of any such waters or waste. Books, records or documents (2) An inspector who enters any place under subsection (1) may examine and copy any books, records or documents in that place that the inspector believes, on reasonable grounds, contain any information relating to the object of the inspection or examination under that subsection. Exception for dwelling-place (3) An inspector may not enter a place that is designed to be used and is being used as a permanent or temporary private dwelling-place. Assistance to inspectors (4) The owner or person in charge of any place referred to in this section and every person found in the place shall give an inspector all reasonable assistance to enable the inspector to carry out the inspector’s functions under this Part, and shall furnish the inspector with such information for purposes of the administration of this Part as the inspector may reasonably request.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 87
Remedial measures 87 (1) An inspector may direct any person to take such reasonable measures as the inspector may specify, including the cessation of an activity, to prevent the use of waters or the deposit of waste or the failure of a work related to the use of waters or the deposit of waste, or to counteract, mitigate or remedy the resulting adverse effects, where the inspector believes, on reasonable grounds, (a) that (i) waters have been or may be used in contravention of subsection 11(1) or of a condition of a licence, (ii) waste has been or may be deposited in contravention of subsection 12(1) or of a condition of a licence, or (iii) there has been, or may be, a failure of a work related to the use of waters or the deposit of waste, whether or not there has been compliance with any standards prescribed by the regulations or imposed by a licence; and (b) that the adverse effects of that use, deposit or failure are causing, or may cause, a danger to persons, property or the environment. Report to Minister (2) The inspector shall advise the Minister and the Board of any direction given under subsection (1). Review by Minister (3) Where an inspector gives a direction to a person under subsection (1), the Minister may, and if so requested by the person shall, review the direction without delay, and after completion of the review may alter or revoke the direction. Powers of inspector (4) Where a person fails to comply with a direction given under subsection (1), the inspector may take the measures referred to in that subsection and may, for that purpose, enter any place in Nunavut, other than a place that is designed to be used and is being used as a permanent or temporary private dwelling-place. Recovery of Her Majesty’s costs (5) Any portion of the reasonable costs incurred by Her Majesty in right of Canada under subsection (4) that is not recoverable from the security furnished and maintained under section 76 may be recovered as a debt due to Her Majesty from the person to whom the direction was given.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 88
Obstruction 88 (1) No person shall wilfully obstruct or otherwise interfere with an inspector in the carrying out of functions under this Part. False statements (2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector or other person engaged in carrying out functions under this Part.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 89
Where work closed or abandoned 89 (1) Where the Minister believes, on reasonable grounds, that (a) a person has closed or abandoned, temporarily or permanently, a work related to the use of waters or the deposit of waste in Nunavut, except in a national park, and (b) either (i) the person has contravened any condition of a licence or any provision of this Part or the regulations, whether or not the condition or provision relates to the closure or abandonment, or (ii) the past operation of the work or its closure or abandonment may cause a danger to persons, property or the environment, the Minister may take any reasonable measures to prevent, counteract, mitigate or remedy any resulting adverse effect on persons, property or the environment and may, for that purpose, enter any place in Nunavut, other than a place that is designed to be used and is being used as a permanent or temporary private dwelling-place. Recovery of Her Majesty’s costs (2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada under subsection (1) that is not recoverable from the security furnished and maintained under section 76 may be recovered as a debt due to Her Majesty from the person who closed or abandoned the work, to the extent that the incurring of those costs resulted from a contravention of a condition or provision referred to in subparagraph (1)(b)(i).
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 90
Principal offences 90 (1) Every person is guilty of an offence who contravenes subsection 11(1), section 12 or section 88 or who fails to comply with subsection 11(3) or with a direction given by an inspector under subsection 87(1). Punishment (2) Every person who commits an offence under subsection (1) is liable on summary conviction, (a) for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and (b) for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both. 2002, c. 10, s. 90; 2015, c. 19, s. 49
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 90.1
Offences — type A licences 90.1 (1) Every type A licensee is guilty of an offence who (a) contravenes any condition of the licence, if the contravention does not constitute an offence under section 91; or (b) fails, without reasonable excuse, to furnish or maintain security as required under subsection 76(1). Punishment (2) Every licensee who commits an offence under subsection (1) is liable on summary conviction, (a) for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and (b) for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both. 2015, c. 19, s. 49
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 90.2
Offences — type B licences 90.2 (1) Every type B licensee is guilty of an offence who (a) contravenes any condition of the licence, if the contravention does not constitute an offence under section 91; or (b) fails, without reasonable excuse, to furnish or maintain security as required under subsection 76(1). Punishment (2) Every licensee who commits an offence under subsection (1) is liable on summary conviction (a) for a first offence, to a fine not exceeding $37,500 or to imprisonment for a term not exceeding six months, or to both; and (b) for a second or subsequent offence, to a fine not exceeding $75,000 or to imprisonment for a term not exceeding six months, or to both. 2015, c. 19, s. 49
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 90.3
Continuing offences 90.3 An offence under subsection 90(1), 90.1(1) or 90.2(1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued. 2015, c. 19, s. 49