Nunavut Land Claims Agreement

ARTICLE 13

WATER MANAGEMENT

PART 1
DEFINITION

13.1.1
In this Article:

"drainage basin" means a geographical area determined by the watershed limits of the systems of water, including surface and underground water, flowing into a common terminus;

"Use of water" does not include navigation.

PART 2
NUNAVUT WATER BOARD (NWB) ESTABLISHED

13.2.1
A Nunavut Water Board (NWB) shall be established as an institution of public government. It shall have responsibilities and powers over the regulation, use and management of water in the Nunavut Settlement Area, on a basis at least equivalent to the powers and responsibilities currently held by the Northwest Territories Water Board under the Northern Inland Waters Act RSC 1985, c. N-25, and any other responsibilities acquired under this Article.

PART 3
ORGANIZATION AND OPERATION OF THE NWB

13.3.1 - Membership, Appointment, and Panels
The NWB shall be composed of nine members. The members shall be appointed as follows:

(a)
four members shall be appointed by the Minister of Indian Affairs andNorthern Development upon nomination by a DIO;

(b)
two members shall be appointed by the Minister of Indian Affairs andNorthern Development;

(c)
two members shall be appointed by the Minister of Indian Affairs and Northern Development upon nomination by designated Ministers of the Territorial Government, one of whom shall be the Minister responsible for Renewable Resources; and

(d)
a chairperson shall be appointed by the Minister of Indian Affairs and Northern Development following consultation with the other members.

13.3.2
Subject to Sections 13.3.3 and 13.3.4, each member shall be appointed for a three year term. Members shall be eligible for reappointment.

13.3.3
Additional members may be appointed from time to time in the same manner and ratio as set out in Section 13.3.1. Any such member may be appointed for a specific purpose or for a term of less than three years.

13.3.4
Any member may be removed for cause.

13.3.5
Where a vacancy occurs, a replacement member may be nominated or appointed for the remainder of the term of the vacant member by the DIO nominating the member under paragraph 13.3.1(a) or by the Minister appointing the member under paragraphs 13.3.1(b) or (c). Upon receiving the nomination, the Minister shall appoint the replacement member pursuant to Section 13.3.1.

13.3.6 - Panels
Legislation may authorize the NWB to constitute itself into panels consisting of two or more NWB members. Such panels shall be composed of an equal number of government and DIO nominees. Legislation may authorize the NWB to delegate to a panel all or any powers of the NWB including the right to hold hearings and grant approvals.

13.3.7 - Matters Binding on Members
Members of the NWB shall perform their duties in accordance with:

(a)
an oath following the form set out in Schedule 5-4 and subscribed prior to assuming office before an officer authorized by law to administer oaths; and

(b)
laws relating to conflict of interest, provided no member shall be considered to be biased in any application before the NWB solely because the member is an Inuk.

13.3.8 - Administration
Members of the NWB shall perform duties on a part-time or full-time basis, as workload dictates, and shall receive fair remuneration as determined by Government for the performance of such duties. Each member shall be entitled to be paid such reasonable travelling and living expenses as are consistent with Treasury Board guidelines for travelling and living expenses of public servants.

13.3.9
The NWB shall maintain a head office in the Nunavut Settlement Area.

13.3.10
The NWB shall ordinarily meet in the Nunavut Settlement Area.

13.3.11
The NWB shall conduct its business in Canada's official languages as required by legislation or policy, and upon request of any member, also in Inuktitut.

13.3.12 - Public Hearings
The NWB shall conduct its hearings in Canada's official languages as required by legislation or policy and, upon request of any member, applicant or intervenor, also in Inuktitut.

13.3.13
In designing its by-laws and rules of procedure for the conduct of public hearings, the NWB shall:

(a)
allow and give appropriate weight to evidence to be admitted at public hearings that would not normally be admissible under the strict rules of evidence; and

(b)
give due regard and weight to Inuit culture, customs and knowledge.

13.3.14
Prior to the holding of public hearings on any water application, the NWB shall take all steps necessary by way of notice, dissemination of information and scheduling and location of hearings to provide and promote public awareness in such public hearings.

13.3.15
Within a reasonable period of time prior to the commencement of any public hearing, the information provided to the NWB in relation to any water application shall be made available to the public.

13.3.16
In the conduct of public reviews, the NWB shall hold hearings in the communities most affected by the water application.

13.3.17 - Costs of NWB
The costs of the NWB shall be the responsibility of Government. The NWB shall prepare an annual budget, subject to review and approval by Government.

PART 4
RELATIONSHIP TO LAND USE PLANNING

13.4.1 - Development of Land Use Plans
The NWB shall contribute fully to the development of land use plans as they concern water in the Nunavut Settlement Area by providing its recommendations to the NPC.

13.4.2 - Lack of Conformity with Land Use Plans
Where pursuant to Section 11.5.10, the NPC informs the appropriate agencies that a water application does not conform to land use plans or a variance has not been approved, the application shall be rejected. If, pursuant to Section 11.5.11, the applicant subsequently requests and receives an exemption from planning conformity requirements, the application shall be processed by the NWB or NIRB as required.

13.4.3 - Conformity with Land Use Plans
Where the NPC determines, pursuant to Section 11.5.10, that a water application is in conformity with land use plans or a variance has been approved, and where the application falls within Schedule 12-1, the NPC shall forward the application with its determination and recommendations to the NWB for disposition, unless the NPC exercises its authority under Section 13.4.4.

13.4.4
Where the NPC has concerns respecting the cumulative impact of development activities in a planning region, it may refer water applications to NIRB for screening even though the application falls within Schedule 12-1.

13.4.5
Where the NPC determines, pursuant to Section 11.5.10, that a water application is in conformity with the land use plans or when a variance has been approved, and where the application does not fall within Schedule 12-1, the NPC shall forward the application with its determination and recommendations to NIRB for screening.

13.4.6 - Absence of Land Use Plans
Sections 13.4.3, 13.4.4 and 13.4.5 shall apply where a land use plan has been approved pursuant to Section 11.5.9. In the absence of a land use plan, water applications requiring screening by NIRB shall be forwarded directly to NIRB.

PART 5
RELATIONSHIP TO DEVELOPMENT IMPACT REVIEW

13.5.1
Following receipt of a water application for screening, NIRB shall determine whether it requires a review pursuant to Article 12 and shall so advise the NWB.

13.5.2
Where the water application is referred for review under Article 12, the NWB and the review body shall coordinate their efforts to avoid unnecessary duplication in the review and processing of the application. Legislation may provide for joint hearings or authorize the NWB to forego public hearings on any water application where it has participated in a public review of the relevant water application pursuant to Article 12.

13.5.3
Where the water application is not referred for review under Article 12, the NWBmay process the application.

13.5.4
Subject to Sections 12.10.2 and 13.5.5, where a review is required pursuant to Article 12, the NWB shall not approve any water application that forms part of that review until Article 12 has been complied with.

13.5.5
Notwithstanding Section 12.10.1, the NWB shall not be precluded from issuing interim, short-term approvals for water uses related to exploration or developmental work for a proposal under development impact review.

PART 6
CO-ORDINATION OF RESOURCE MANAGEMENT ACTIVITIES

13.6.1
The NPC, NIRB and the NWB shall co-operate and co-ordinate their efforts in the review, screening and processing of water applications to ensure they are dealt with in a timely fashion.

PART 7
WATER APPLICATION APPROVAL

13.7.1
With the exception of domestic or emergency use of waters as set out in Section 5 of the Northern Inland Waters Act RSC 1985, c. N-25, no person may use water or dispose of waste into water without the approval of the NWB.

13.7.2
Subject to Section 13.7.4, the NWB shall hold a public hearing before approving any application. The NWB may, where there is no public concern expressed, waive the requirement for a public hearing.

13.7.3
From time to time the Governor-in-Council, after consultation with or on the advice of the NWB, may by regulation prescribe certain classes or types of water applications for which a public hearing need not be held.

13.7.4
NWB shall deal summarily with applications prescribed by regulation under Section 13.7.3, unless the NWB considers a public hearing warranted, in which case it may hold a public hearing following, to the extent appropriate, the same procedure as for an application not so prescribed.

13.7.5
The NWB shall have the right to delegate its authority to approve applications which do not require public hearings to the chief administrative officer of the NWB.

PART 8
PROVISION OF INFORMATION

13.8.1
Consistent with subsection 13(2) of the Northern Inland Waters Act, RSC 1985, c.N-25, the NWB, when considering a water application, may issue guidelines to the applicant for provision of information with respect to the following:

(a)
project description;

(b)
any qualitative and quantitative effects of the proposed water use on the water management area, including anticipated impacts on other water users of that area;

(c)
steps which the proponent proposes to take to avoid and mitigate adverse impacts;

(d)
steps which the proponent proposes to take to compensate interests adversely affected by water use;

(e)
the program the proponent proposes to establish for monitoring impacts of the water use;

(f)
interests in the lands and waters which the proponent has secured or seeks to secure;

(g)
options for implementing the project; and

(h)
any other matters that the NWB considers relevant.

PART 9
ENFORCEMENT

13.9.1
Where approval of the NWB is required for a water application, the applicant shall not proceed until approval has been granted.

PART 10
OVERLAP

13.10.1 - Interjurisdictional Water Management
Where a drainage basin is shared between the Nunavut Settlement Area and another jurisdiction, the Government of Canada and the Territorial Government, assisted by the NWB, shall use their best efforts to negotiate agreements with other jurisdictions concerned with the use and management of such drainage basins.

13.10.2
In the event that it is determined that the approval of a water application in the Nunavut Settlement Area would have significant bearing upon water use outside the Nunavut Settlement Area, the NWB may collaborate with the competent water authority in the review, if appropriate, of that water application.