Nunavut Waters Regulations (Draft)

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Nunavut Waters Regulations (Draft)

• Presentation at Nunavut Mining Symposium
• Iqaluit, April 2012

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Presentation Outline

• Legal Framework
• Development
• Nunavut Waters Regulations
• - Overview - Administrative Provisions
• - Structure - Major Changes from NWT Waters
  Regulations
• - Interpretation - Issues
• - Licensed Use
• Next Steps
• Contact
• Questions?

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Legal Framework

• Articles 10 and 13 of the Nunavut Land Claims
  Agreement (the Agreement) provide for the
  creation and operation of the Nunavut Water Board
  (the Board).
• Legal framework for the regulation of inland
  water in Nunavut is provided in articles 10, 13
  and 20 of the Agreement and in the Nunavut Waters
  and Nunavut Surface Rights Tribunal Act (the
  Act).
• The creation of the Nunavut Waters and Nunavut
  Surface Rights Tribunal Act (2002) established
  the Nunavut Water Board by federal statute.
• Sub-Section 82 (1) of the Act provides the basis
  by which regulations can be recommended to the
  Governor in Council by the Minister.

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Development

• Developed by a Nunavut Waters Regulations
  Development Group which consisted of
• Aboriginal Affairs and Northern Development
  Canada (co-lead)
• Nunavut Water Board (co-lead)
• Justice Canada
• Government of Nunavut and
• Nunavut Tunngavik Incorporated (observer).
• Nunavut Waters Regulations are based on Northwest
  Territories Waters Regulations and
  Nunavut-specific operational experience of
  stakeholders.
• Close consultation with Nunavut Tunngavik
  Incorporated also occurred during the development
  process.
• Presentations were made to stakeholders at
  various events.

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NWR - Overview

• The new Nunavut-specific waters regulations will
  replace the Northwest Territories Waters
  Regulations, currently in force in Nunavut.
• Once in effect, the new regulations will apply to
  any person who uses water or deposits waste into
  waters in Nunavut.
• The authority of the Board in relation to the
  use, regulation and management of inland water
  granted under the Agreement and the Act will
  remain the same under the new regulations.

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NWR - Structure

• The regulations are divided into four components
• Interpretation
• Approvals without a licence
• Licensed use and
• Administrative matters.

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NWR - Interpretation

• Sections 1 and 2
• Provides for definitions and greater certainty as
  it relates to the Nunavut Land Claims Agreement

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NWR Approvals Without a Licence

• Sections 3 to 6 Schedule 1 to 3
• Describes the nature of the information in the
  application
• Describes the terms and conditions of unlicensed
  use of water
• Describes the terms and conditions of unlicensed
  deposit of waste into water and
• Outlines the nature of the books and records that
  need to be kept.

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NWR Licensed Use

• Sections 7 to 14 Schedule 1 to 3
• Describes the licensing criteria for use of
  waters
• Describes the licensing criteria for deposit of
  waste
• Outlines the criteria around public hearings
• Prescribes the conditions for the setting of
  reclamation security
• Explains the structure of fees
• Outlines the nature of the books and records that
  need to be kept and
• Outlines the nature of the reporting that a
  licensee must do.

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NWR Administrative Provisions

• Section 15 to 18 Schedule 4
• Outlines the nature of the public registry that
  the Board needs to keep
• Describes what needs to be done with an
  unauthorized deposit of waste (a spill)
• Provides clarity with regards to the
  establishment of water management areas in
  Nunavut and
• States when the regulations come into force.

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NWR Major Changes to NWT Waters Regulations

• Water use and deposit of waste
• Upper threshold for water use without a licence
  has been changed to 50 m³/day from 100 m³/day
• Security
• Divergence between section 10 of the regulations
  and sub-section 76(2) of the NWNSRTA has been
  addressed to allow the Board to take into
  consideration adverse effects on individuals or
  DIO, who are entitled to compensation under
  section 13 of the NLCA
• Licensing Fees
• Water use fees will not be payable under these
  regulations for the use of waters in, on or
  flowing through Inuit-owned lands.

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Next Steps

• Consultations are now complete
• Next opportunity to provide comments will be
  during the 30-day comment period when the
  regulations are pre-published in the Canada
  Gazette Part I
• Proceeding with federal approval process for the
  regulations with a goal to have the regulations
  approved in fall 2012.

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Contact

• Gilles Binda
• A/Director, Land Water Management
• Aboriginal Affairs and Northern Development
  Canada
• Mailing address 10 Wellington Street
• GATINEAU QC K1A 0H4
• Tel [phone]
• Fax [phone]
• Email gilles.binda_at_aadnc-aandc.gc.ca

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• Questions?