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

Short Title

Marginal note:Short title

1 This Act may be cited as the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

Interpretation

Marginal note:Definitions

• 2 (1) The definitions in this subsection apply in this Act.

  Agreement

  Agreement means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada that was ratified, given effect and declared valid by the Nunavut Land Claims Agreement Act, which came into force on July 9, 1993, and includes any amendments to that agreement made under the agreement. (Accord)

  carving stone

  carving stone means serpentinite, argillite or soapstone that is suitable for carving. (pierre à sculpter)

  designated Inuit organization

  designated Inuit organization means

  • (a) except in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement,

    • (i) Tunngavik, or

    • (ii) in respect of a provision of this Act referred to in Schedule 1, any organization designated in the public record maintained by Tunngavik under the Agreement as being responsible for any function under the corresponding provision or provisions of the Agreement referred to in that Schedule; or

  • (b) in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, Makivik acting jointly with the organization determined under paragraph (a). (organisation inuit désignée)

  Inuit

  Inuit means those persons enrolled from time to time under the terms of Article 35 of the Agreement and includes, in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, the Inuit of northern Quebec. (Inuit)

  Inuit of northern Quebec

  Inuit of northern Quebec means the Inuit of northern Quebec within the meaning of the James Bay and Northern Quebec Agreement that was approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32. (Inuit du Nord québécois)

  Inuit-owned land

  Inuit-owned land means any land that has the status of Inuit Owned Land under the Agreement, and includes the jointly owned lands referred to in section 40.2.8 of the Agreement. (terre inuit)

  Inuktitut

  Inuktitut means the Inuktitut language and includes Inuinaqtuun. (inuktitut)

  Makivik

  Makivik means the corporation established by An Act respecting the Makivik Corporation, R.S.Q., c. S-18.1, and representing the Inuit of northern Quebec. (Makivik)

  mineral right

  mineral right means a right to explore for, develop, produce or transport minerals, other than specified substances. (droit minier)

  minerals

  minerals means precious and base metals and other non-living, naturally occurring substances, whether solid, liquid or gaseous, and includes coal, oil and gas, but does not include water. (minéraux)

  Minister

  Minister means the Minister of Northern Affairs. (ministre)

  specified substances

  specified substances means construction stone, sand, gravel, limestone, marble, gypsum, shale, clay, volcanic ash, earth, soil, diatomaceous earth, ochre, marl, peat and carving stone. (matières spécifiées)

  Tunngavik

  Tunngavik means Nunavut Tunngavik Incorporated, a corporation without share capital incorporated under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, and any successor to that corporation. (Tunngavik)

• Marginal note:Meaning of Nunavut Settlement Area

  (2) In this Act, Nunavut Settlement Area has the meaning assigned to that expression by section 3.1.1 of the Agreement.

Precedence

Marginal note:Inconsistency with Agreement

• 3 (1) Where there is any inconsistency or conflict between the Agreement and this Act, the Agreement prevails to the extent of the inconsistency or conflict.

• Marginal note:Inconsistency with other Acts

  (2) Where there is any inconsistency or conflict between this Act and any other Act of Parliament, except the Nunavut Land Claims Agreement Act, this Act prevails to the extent of the inconsistency or conflict.

PART 1Nunavut Waters

Interpretation

Marginal note:Definitions

4 The definitions in this section apply in this Part.

appurtenant undertaking

appurtenant undertaking means an undertaking in relation to which a use of waters or a deposit of waste is permitted by a licence. (entreprise principale)

Board

Board means the Nunavut Water Board established by section 14. (Office)

domestic purpose

domestic purpose means the use of waters for the following purposes:

• (a) household requirements, including sanitation and fire prevention;

• (b) the watering of domestic animals; or

• (c) the irrigation of a garden that adjoins a dwelling-house and is not ordinarily used in the growth of produce for market. (domestique)

instream use

instream use means a use of waters by a person, other than for a domestic purpose or as described in paragraph (a), (b) or (c) of the definition use, to earn income or for subsistence purposes. (ordinaire)

licence

licence means, unless the context otherwise requires, a type A or type B licence, in accordance with the criteria prescribed by the regulations, issued for the use of waters or the deposit of waste, or both, in Nunavut under section 42. (permis)

licensee

licensee means a person to whom a licence is issued or assigned. (titulaire)

marine area

marine area means any waters, including those that are ice-covered, of the Nunavut Settlement Area, other than inland waters, and the seabed and subsoil below those waters. (zones marines)

national park

national park means a park within the meaning of the Canada National Parks Act, or lands set aside as a reserve for a park under that Act. (parc national)

Nunavut Impact Review Board

Nunavut Impact Review Board means the Nunavut Impact Review Board referred to in section 18 of the Nunavut Planning and Project Assessment Act. (Commission d’examen des projets de développement)

Nunavut Planning Commission

Nunavut Planning Commission means the Nunavut Planning Commission referred to in section 10 of the Nunavut Planning and Project Assessment Act. (Commission d’aménagement)

penalty

penalty means an administrative monetary penalty imposed for a violation. (pénalité)

use

use, in relation to waters, means a direct or indirect use of any kind, including, but not limited to,

• (a) any use of water power and geothermal resources;

• (b) any diversion or obstruction of waters;

• (c) any alteration of the flow of waters; and

• (d) any alteration of the bed or banks of a river, stream, lake or other body of water, whether or not the body of water is seasonal.

However, it does not include navigation or any other use connected with shipping activities that are governed by the Canada Shipping Act, 2001. (utilisation)

waste

waste means any substance that, by itself or in combination with other substances found in water, would have the effect of altering the quality of any water to which the substance is added to an extent that is detrimental to its use by people or by any animal, fish or plant, or any water that would have that effect because of the quantity or concentration of the substances contained in it or because it has been treated or changed, by heat or other means, and includes

• (a) any substance or water that, for the purposes of the Canada Water Act, is deemed to be waste;

• (b) any substance or class of substances specified by the regulations;

• (c) water containing any substance or class of substances in a quantity or concentration that is equal to or greater than that prescribed by the regulations; and

• (d) water that has been subjected to a treatment or change described by the regulations. (déchet)

waters

waters means inland waters, whether in a liquid or solid state, on or below the surface of land. (eaux)

Scope and Application

Marginal note:Other Acts

5 Nothing in this Part, the regulations or a licence authorizes a person to contravene any other Act of Parliament or a regulation or order made under any other Act of Parliament.

Marginal note:Rights preserved

6 Nothing in this Part, the regulations or a licence constitutes a defence to a claim for loss or damage sustained by any person by reason of the construction or operation of any work forming part of an appurtenant undertaking.

Her Majesty

Marginal note:Binding on Her Majesty

7 This Part is binding on Her Majesty in right of Canada or a province, except that Her Majesty in right of Canada is not required to pay any fee prescribed by the regulations.

Marginal note:Waters vested in Her Majesty

• 8 (1) Subject to any rights granted by or under any other Act of Parliament in respect of waters in Nunavut, the property in and the right to the use of all waters in Nunavut are vested in Her Majesty in right of Canada.

• Marginal note:Rights of designated Inuit organization

  (2) Despite subsection (1), the designated Inuit organization has, in respect of waters in Nunavut, the rights that are provided in the Agreement, including the exclusive right to the use of water on, in, or flowing through Inuit-owned land and the right to have water flow through that land substantially unaffected in quality, quantity and flow.

Delegation and Agreements

Marginal note:Delegation to territorial minister

9 The Minister may, in writing, delegate to the territorial minister responsible for water resources any of the Minister’s functions under sections 14, 16, 17, 19 and 21, subsection 55(5), section 56, subsection 77(1) and section 84, either generally or as otherwise provided in the instrument of delegation, except that the delegation cannot abrogate or derogate from any rights of Inuit under the Agreement.

Marginal note:Agreements with provinces

10 The Minister and the territorial minister responsible for water resources shall, with the assistance of the Board, use their best efforts to negotiate an agreement, subject to any agreement entered into under section 5 or 11 of the Canada Water Act, with a provincial government providing for the management of any waters situated partially in Nunavut and partially in a province, or flowing between Nunavut and a province. The Minister shall not enter into an agreement without the approval of the Governor in Council.

Prohibitions

Marginal note:Use of waters

• 11 (1) Subject to subsection (2), no person shall use, or permit the use of, waters in Nunavut except in accordance with the conditions of a licence.

• Marginal note:Exceptions

  (2) Subsection (1) does not apply in respect of

  • (a) any unlicensed use of waters that is authorized by the regulations;

  • (b) the use of waters

    • (i) for a domestic purpose, or

    • (ii) for the purpose of extinguishing a fire or, on an emergency basis, controlling or preventing a flood; or

  • (c) the use of waters in a national park.

• Marginal note:Duties in certain cases

  (3) Where a person diverts waters for a purpose referred to in subparagraph (2)(b)(ii), the person shall, when the need for the diversion has ceased, discontinue the diversion and, in so far as possible, restore the waters to their original channel.

Marginal note:Deposit of waste

• 12 (1) Subject to subsection (2) and except in accordance with the conditions of a licence, no person shall deposit or permit the deposit of waste

  • (a) in waters in Nunavut; or

  • (b) in any other place in Nunavut under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter waters in Nunavut.

• Marginal note:Exceptions

  (2) Subsection (1) does not apply in respect of

  • (a) any unlicensed deposit of waste that is authorized by the regulations; or

  • (b) the deposit of waste in a national park.

• Marginal note:Duty to report deposits

  (3) Where waste is deposited in contravention of this section, every person who owns or has the charge, management or control of the waste, or who caused or contributed to the deposit, shall, subject to the regulations, without delay report the deposit to an inspector.

Compensation

Marginal note:Right to compensation

• 13 (1) Except as otherwise provided by a compensation agreement referred to in this Part, a person, including the designated Inuit organization, who is adversely affected by a licensed use of waters or deposit of waste, or by an unlicensed use of waters or deposit of waste authorized by the regulations, is entitled to be compensated in respect of that adverse effect by the licensee or the person so authorized and to recover the compensation in any court of competent jurisdiction.

• Marginal note:Limitation

  (2) A person, including the designated Inuit organization, is entitled to recover compensation under subsection (1) only to the extent that the person is not paid compensation under any other provision of this Part in respect of the adverse effect.