GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 48
Requirements 48 (1) An application in relation to a licence shall contain the information and be in the form required by the rules or by-laws of the Board, and be accompanied by the fees required by the regulations. Information and studies to be provided to Board (2) An application, except in relation to a cancellation, shall be accompanied by the information and studies concerning the use of waters or the deposit of waste that are required for the Board to evaluate the qualitative and quantitative effects of the use or the deposit on waters. Guidelines for applicant (3) On the filing of an application, the Board may provide guidelines to the applicant respecting the information to be provided by the applicant in respect of any matter that the Board considers relevant, including the following: (a) the description of the use of waters, deposit of waste or appurtenant undertaking, as the case may be; (b) the qualitative and quantitative effects of the use of waters or the deposit of waste on the drainage basin where the use is to be undertaken or the deposit is to be made, and the anticipated impact of the use or deposit on other users; (c) the measures the applicant proposes to take to avoid or mitigate any adverse impact of the use of waters or the deposit of waste; (d) the measures the applicant proposes to take to compensate persons, including the designated Inuit organization, who are adversely affected by the use of waters or the deposit of waste; (e) the program the applicant proposes to undertake to monitor the impact of the use of waters or the deposit of waste; (f) the interests in and rights to lands and waters that the applicant has obtained or seeks to obtain; and (g) the options available for the use of waters or the deposit of waste.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 49
Delegation 49 The Board may delegate to its chief administrative officer the power (a) to issue, amend, renew or cancel a licence in relation to which no public hearing is required; and (b) to authorize, in accordance with subsection 44(2), the assignment of a licence.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 50
Standing 50 In the exercise of its functions in relation to applications, the Board shall accord full standing to the following: (a) Tunngavik, or any other Organization, within the meaning of section 1.1.1 of the Agreement, designated by Tunngavik, to make representations on behalf of the Inuit of Nunavut; (b) Makivik to make representations respecting the interests of the Inuit of northern Quebec in relation to islands and marine areas of the Nunavut Settlement Area traditionally used and occupied by those Inuit; (c) the councils of the Fort Churchill Indian Band and Northlands Indian Band to make representations respecting their interests in relation to the areas that those bands have traditionally used and continue to use; and (d) the councils of the Black Lake Indian Band, Hatchet Lake Indian Band and Fond du Lac Indian Band to make representations respecting their interests in relation to the areas that those bands have traditionally used and continue to use. The Board shall take the representations into account.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 51
Applications determined summarily 51 (1) Applications in relation to licences for which no public hearing is required shall be dealt with summarily by the Board. Exception (2) Notwithstanding subsection (1), the Board may, where satisfied that it would be in the public interest to do so, hold a public hearing in connection with any matter relating to its objects.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 52
Public hearing required 52 (1) Subject to subsection 37(2), a public hearing shall be held by the Board before it disposes of (a) any application in relation to a licence, unless the application is of a class that is exempted by the regulations from the requirement of a public hearing; and (b) an application for permission to expropriate under section 77. Exception (2) A public hearing need not be held (a) if the applicant or licensee consents in writing to the disposition of a matter without a public hearing, provided that no other person informs the Board by the tenth day before the day of the proposed hearing of the person’s intention to make representations; (b) before an application is rejected under subsection 38(2); or (c) in the case of an application for the amendment of a licence where the Board, with the consent of the Minister, declares the amendment to be required on an emergency basis.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 53
Place of hearing 53 A public hearing that is held by the Board shall take place in the community or communities within Nunavut most affected by the application before the Board.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 54
Powers at hearings 54 The Board has, in respect of public hearings, the powers of a commissioner appointed under Part I of the Inquiries Act .
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 55
Notice of applications 55 (1) The Board shall give notice of every application in relation to a licence to the council of each municipality in the area affected by the application and shall publish the notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in such other manner as the Board considers appropriate. The notice shall invite interested persons to make representations within a specified period and shall advise them of the consequences, as provided in section 59 and subsection 60(2), of any failure to respond to the notice. Notice of hearings (2) Where the Board decides or is required under this Part to hold a public hearing, it shall give notice, in the manner described in subsection (1), at least sixty days before the commencement of the hearing, of the place, date and time of the hearing. The place, date and time of the hearing shall be chosen and the notice published by the Board in a manner that promotes public awareness and participation in that hearing. Communication of information (3) Where a public hearing is held in relation to an application, the information provided to the Board in relation to the application shall be made available to the public within a reasonable period of time before the commencement of the hearing. Where public hearing not held (4) Where a public hearing is not held in relation to an application, the Board shall not act on the application until at least thirty days after notice of the application has been published under subsection (1) unless, in the opinion of the Board, there are urgent circumstances that justify the Board acting on that application in a shorter period, but that shorter period shall not be less than ten days. Exception (5) Subsections (1) and (4) do not apply in respect of an application for the amendment of a licence where the Board, with the consent of the Minister, declares the amendment to be required on an emergency basis.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 55.1
Authority and validity 55.1 The failure of the Minister or the Board to exercise a power or perform a duty or function within a period provided for under this Part does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise or performance of their powers, duties or functions. 2015, c. 19, s. 44
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 55.2
Type A licence and type B licence if public hearing held 55.2 In the case of an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or in the case where the Board intends to consider, on its own initiative, the amendment of such a licence, the Board, subject to section 55.31, shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 43.1(1). 2015, c. 19, s. 44
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 55.3
Day on which application is made 55.3 An application is considered to be made on the day on which the Board is satisfied that the application meets all the requirements under subsections 48(1) and (2). 2015, c. 19, s. 44
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 55.31
Commencement of time limit 55.31 If the Board is cooperating and coordinating with the Nunavut Planning Commission under subsection 36(2) or with the Nunavut Impact Review Board, a federal environmental assessment panel or a joint panel under subsection 37(1), the time limit referred to in section 55.2 does not begin to run until the Nunavut Planning Commission, Nunavut Impact Review Board, federal environmental assessment panel or joint panel, as the case may be, has completed its screening or review of the project. 2015, c. 19, ss. 44, 55
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 55.4
Excluded period — information or studies required 55.4 If the Board requires an applicant or a licensee to provide information or studies, the period that, in the Board’s opinion, is taken by the applicant or licensee to comply with that requirement is not included in the calculation of the time limit under section 55.2 or its extension. 2015, c. 19, s. 44
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 55.5
Suspension of time limit 55.5 The Board may suspend the time limit referred to in section 55.2 or its extension (a) if the Board ceases to process or rejects an application under section 38 or 39, until it resumes processing the application; (b) if the Board determines that an applicant is required to pay the compensation referred to in paragraph 58(b) or to enter into a compensation agreement referred to in paragraph 58(c), until the requirements of paragraph 58(b) or (c), as the case may be, are met; (c) if the Board determines that an applicant is required to pay the compensation referred to in paragraph 60(1)(a) or to enter into a compensation agreement referred to in paragraph 60(1)(b), until the requirements of paragraph 60(1)(a) or (b), as the case may be, are met; (d) if the Board determines that an applicant is required to enter into a compensation agreement referred to in paragraph 63(1)(a) or to pay the compensation referred to in paragraph 63(1)(b), until the requirements of paragraph 63(1)(a) or (b), as the case may be, are met; or (e) if the Board receives notice under subsection 78(1) or 79.2(1) of the Mackenzie Valley Resource Management Act , until the requirements of subsection 78(3) or 79.2(3) of that Act, as the case may be, have been met. 2015, c. 19, s. 44
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 55.6
Extension of time limit by Minister 55.6 (1) The Minister may, at the request of the Board, extend the time limit referred to in section 55.2 by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence. Extension of time limit by Governor in Council (2) The Governor in Council may, by order, on the recommendation of the Minister, further extend the time limit any number of times by periods of any length. 2015, c. 19, s. 44
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 56
Referral to Minister for approval 56 (1) The Board’s decision with respect to the issuance, amendment, renewal or cancellation of a type A licence or, if a public hearing is held, a type B licence is to be immediately referred to the Minister for approval. Reasons (2) Within 45 days after the Minister receives a licence that has been issued, amended or renewed or a notice of cancellation of a licence, the Minister shall make a decision on whether to approve the issuance, amendment, renewal or cancellation of the licence and, if the decision is not to approve, give written reasons for the decision. Extension (2.1) The Minister may extend the 45 days referred to in subsection (2) for a further consecutive forty five days, for a total of 90 days, by notifying the Board of the extension within the first 45 days. Absence of decision (2.2) If the Minister does not make a decision within the forty five or ninety days referred to in subsection (2) or (2.1) respectively, whichever is applicable, the Minister is deemed to have approved the issuance, amendment, renewal or cancellation, as the case may be. Limitation (3) The disagreement of the Minister with the amount of compensation determined under paragraph 63(1)(b) is not sufficient reason for the Minister to withhold approval in respect of a licence for a use of waters or deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land. Copies of decisions to parties (4) The Minister shall send a copy of the Minister’s decision and, in the case of a decision to withhold approval, the reasons for the decision (a) to the Board; (b) to the applicant or licensee; (c) where the affected waters are ones in respect of which section 63 applies, to the designated Inuit organization; and (d) to any other person with a right to compensation under section 58 or 60. 2002, c. 10, s. 56; 2015, c. 19, s. 45
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 57
Conditions for issuance of licence 57 The Board may not issue a licence unless the applicant satisfies the Board that (a) any waste produced by the appurtenant undertaking will be treated and disposed of in a manner that is appropriate for the maintenance of the water quality standards and effluent standards that are prescribed by the regulations or, in the absence of such regulations, that the Board considers acceptable; and (b) the financial responsibility of the applicant, taking into account the applicant’s past performance, is adequate for (i) the completion of the appurtenant undertaking, (ii) such measures as may be required in mitigation of any adverse impact, and (iii) the satisfactory maintenance and restoration of the site in the event of any future closing or abandonment of that undertaking.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 58
Compensation of existing users 58 The Board may not issue a licence unless the applicant, with respect to any person, other than an instream user, who would be entitled to use waters in precedence to the applicant under section 47, (a) satisfies the Board that the use of waters or the deposit of waste would have no adverse effects on the use of waters by that person; (b) satisfies the Board that any adverse effects caused by the use of waters or the deposit of waste would not be significant, and has paid or undertaken to pay the compensation that the Board considers appropriate to that person; or (c) has entered into an agreement to compensate that person for any adverse effects.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 59
Failure to respond 59 In the circumstances described in paragraph 58(b), an applicant need not compensate the person under section 58 if the person fails to respond to the notice of application given under subsection 55(1) within the time period specified in the notice for making representations to the Board.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 60
Compensation of other users 60 (1) The Board may not issue a licence unless (a) the applicant satisfies the Board that compensation that the Board considers appropriate has been or will be paid by the applicant to any person who would be adversely affected by the proposed use of waters or deposit of waste and who, at the time the application was filed, (i) used waters for a domestic purpose in the Northwest Territories or in Nunavut, (ii) held a licence that was issued under this Act, the Mackenzie Valley Resource Management Act or a law of the Legislature of the Northwest Territories to deposit waste in the Northwest Territories or in Nunavut, (iii) was an instream user in the Northwest Territories or in Nunavut, (iv) was — as authorized by regulations made under this Act or a law of the Legislature of the Northwest Territories — using waters or depositing waste in the Northwest Territories or in Nunavut without a licence that was issued under this Act, the Mackenzie Valley Resource Management Act or a law of the Legislature of the Northwest Territories, (v) was an owner or an occupier of land in the Northwest Territories or in Nunavut, or (vi) was a holder of an outfitting concession, a registered trapline or other rights of a similar nature in the Northwest Territories or in Nunavut; or (b) the applicant has entered into an agreement to compensate any person described in subparagraphs (a)(i) to (vi) who would be adversely affected. Failure to respond (2) Subsection (1) does not apply in respect of a person referred to in that subsection who fails to respond to the notice of application given under subsection 55(1) within the time period specified in that notice for making representations to the Board. Inuit-owned land (3) Where subsection 63(1) applies in respect of adverse effects on any person described in subparagraphs (1)(a)(i) to (vi) that are caused by a use of waters or a deposit of waste that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, subsection (1) does not apply in respect of those effects for which compensation has already been paid, has been agreed to be paid or has been determined by the Board pursuant to subsection 63(1). 2002, c. 10, s. 60; 2014, c. 2, s. 53
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 61
Factors in determining compensation 61 In determining whether compensation is appropriate for the purpose of paragraph 58(b) or subsection 60(1), the Board shall consider all relevant factors, including (a) provable loss or damage; (b) potential loss or damage; (c) any adverse effect on the quality, quantity or flow of waters; (d) the extent of the use of waters by persons who would be adversely affected; (e) any nuisance, inconvenience or disturbance, including noise; and (f) the cumulative effects of the use of waters or deposits of waste proposed by the applicant and any existing uses of waters and deposits of waste.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 62
Priority of use 62 In relation to Inuit-owned land, any existing use of waters by Inuit has priority over any licensed use or deposit of waste by any person who has a mineral right.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 63
Compensation agreements 63 (1) The Board shall not issue a licence in respect of a use of waters or a deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land, unless (a) the applicant has entered into an agreement with the designated Inuit organization to pay compensation for any loss or damage that may be caused by the change; or (b) where there is no agreement referred to in paragraph (a), the Board has, on the request of the applicant or the designated Inuit organization, made a determination of the appropriate compensation. Payment of compensation (2) The payment of compensation referred to in paragraph (1)(b) shall be a condition of the licence. Costs (3) Unless otherwise determined by the Board, costs incurred by the designated Inuit organization as a result of a request referred to in paragraph (1)(b) shall be paid by the applicant.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 64
Use outside Nunavut 64 (1) On request by the designated Inuit organization or a person who has applied to the water authority responsible for the management of waters outside Nunavut, but within the Northwest Territories, for a licence or other authorization in relation to a use of waters or a deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land, the Board shall collaborate with that authority to reach a joint determination on the compensation to be paid. Costs (2) Unless determined otherwise by the Board, costs incurred by the designated Inuit organization as a result of a request referred to in subsection (1) shall be paid by the applicant.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 65
Interpretation 65 For greater certainty, sections 63 and 64 apply where a body of water delineates a boundary between Inuit-owned land and other land and that body of water is not located entirely on Inuit-owned land.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 66
Negotiation to be in good faith 66 A request referred to in paragraph 63(1)(b) or subsection 64(1) shall not be considered by the Board unless the requester has negotiated in good faith and has been unable to reach an agreement.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 67
Factors in determining compensation 67 (1) For the purpose of determining compensation under paragraph 63(1)(b) and subsection 64(1), the Board shall take into account the following factors: (a) the adverse effects of the change in the quality, quantity or flow of waters on Inuit-owned land; (b) the nuisance, inconvenience or disturbance, including noise, caused by the change; (c) the cumulative effects of the change and of any existing uses of waters and deposits of waste; (d) the cultural attachment of Inuit to the affected Inuit-owned land, including waters; (e) the peculiar and special value of the affected Inuit-owned land, including waters; and (f) any interference with Inuit rights derived from the Agreement or otherwise. Periodic review and payment (2) Unless otherwise agreed by the designated Inuit organization and the applicant, where the Board has made a determination of compensation under paragraph 63(1)(b) or subsection 64(1), the Board shall provide, where the nature and duration of the use or deposit of waste warrant it, for the periodic review and periodic payment of that compensation.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 68
National parks in Nunavut 68 Sections 63 and 65 to 67 apply in respect of a use of waters or a deposit of waste that is within the jurisdiction of the authority responsible for the management of waters in a national park in Nunavut and (a) any reference in those provisions, except paragraph 63(1)(b), to the Board is deemed to be a reference to that authority; and (b) any reference in section 63 to a licence is deemed to be a reference to an authorization to use waters or deposit waste given by the authority.
Nunavut Waters and Nunavut Surface Rights Tribunal Act — N-28.8 69
Gwich’in Sahtu lands 69 Where the Board has been notified under subsection 78(1) of the Mackenzie Valley Resource Management Act , it may not issue a licence for a use of waters or deposit of waste referred to in that subsection unless the requirements of subsection 78(3) of that Act are satisfied.