Thresholds for Type A, Type B Licences & Authorizations
Sections 11 and 12 of the Nunavut Waters Nunavut Surface Rights Tribunal Act clarify that outside of the exceptions set out in the Nunavut Land Claims Agreement (NLCA) a licence is required for uses of water or deposits of waste into water unless:
- the use or deposit occurs within a national park; or
- it is a use or deposit that is authorized by the Nunavut Waters Regulations (the Regulations).
Sections 4 and 5 of the Regulations outline specific uses of water and deposits of waste for which a licence is not required but for which Board approval must still be obtained. Generally speaking, these water uses or deposits of waste are those which will not substantially affect the quality, quantity or flow of waters.
Schedule 1 of the Regulations provides a list of eight types of undertaking involving water use or deposits of waste into water which require NWB authorization or a licence. Schedules 2 and 3 of the Regulations further define the types of water use and deposits of waste into water which can occur in connection with such undertakings. Schedules 2 and 3 further define whether NWB authorization, a Type B licence, or a Type A licence is required. Generally speaking, according to Schedule 2:
- activities using less that 50 m3 water per day require NWB authorization;
- activities using between 50 m3 and 300 m3 water per day require a Type B licence; and
- activities using 300 m3 or more water per day require a Type A licence.
Generally speaking, according to Schedule 3 the types of deposits of waste into water which require NWB authorization include the deposit of waste to a sump or other waste deposits which will not substantially affect water. Outside of such cases, the majority of deposits of waste into water require a Type B licence. A Type A licence is required for:
- certain cases of drill waste deposits connected to petroleum or gas exploration;
- all waste deposits resulting from petroleum or gas production;
- deposits resulting from mining activities using 300 m3 or more water per day; and
- any deposit of waste for a municipality where its water system uses 300 m3 or more water per day.