Regulations Respecting Inland Water Resources in the Northwest Territories
P.C. 1993-1213 1993-06-08
His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, the Treasury Board, the Northwest Territories Water Board and the Yukon Territory Water Board, is pleased hereby
(a) pursuant to section 29 of the Northern Inland Waters Act, to revoke the Northern Inland Waters Regulations, C.R.C., c. 1234, and
(b) pursuant to section 33 of the Northwest Territories Waters ActFootnote * and section 33 of the Yukon Waters ActFootnote **, to make the annexed Regulations respecting inland water resources in the Northwest Territories and the annexed Regulations respecting inland water resources in the Yukon Territory, in substitution therefor,
effective June 15, 1993.
2. In these Regulations,
“Act” means the Northwest Territories Waters Act; (Loi)
“groundwater” means all water in a zone of saturation beneath the land surface, regardless of its origin; (eau souterraine)
“undertaking” means an undertaking in respect of which water is to be used or waste is to be deposited, of a type set out in Schedule II; (entreprise)
“watercourse” means a natural watercourse, body of water or water supply, whether usually containing water or not, and includes groundwater, springs, swamps and gulches. (cours d’eau)
WATER MANAGEMENT AREAS
3. The geographical areas of the Northwest Territories set out in Schedule I are established as water management areas.
4. These Regulations apply in respect of the water management areas established under section 3.
WATER USE OR WASTE DEPOSIT WITHOUT A LICENCE
5. (1) A person may use water and deposit waste without a licence if the proposed use or deposit
(a) has no potential for significant adverse environmental effects;
(b) would not interfere with existing rights of other water users or waste depositors; and
(c) satisfies the criteria set out
(i) in respect of an industrial undertaking, in column II of Schedule IV;
(ii) in respect of a mining and milling undertaking, column II of Schedule V;
(iii) in respect of a municipal undertaking, in column II of Schedule VI;
(iv) in respect of a power undertaking, in column II of Schedule VII; and
(v) in respect of an agricultural, conservation, recreational or miscellaneous undertaking, in column II of Schedule VIII.
(2) An individual may, without a licence, deposit waste that is sewage from a residential building, in accordance with the General Sanitation Regulations of the Northwest Territories.
(3) A ship within the meaning of section 654 of the Canada Shipping Act may, without a licence, deposit waste if the deposit of that waste is not prohibited under Part XV of that Act.
APPLICATIONS FOR LICENCES
6. (1) An application for a licence or for the amendment or renewal of a licence shall be the form set out in Schedule III and shall contain the information identified therein and be accompanied by a deposit equal to any water use fee that would be payable under subsection 9(1) in respect of the first year of the licence that is being applied for.
(2) An application referred to in subsection (1) shall also include
(a) where the proposed undertaking consists of a dam,
(i) a plan showing the length, height, cross-sections and elevations of the dam and the location and preliminary designs of spillways, canals, sluice pipes and any other outlet works, and
(ii) data respecting the type and composition of the material to be used in the construction of the dam;
(b) where the proposed undertaking consists of a storage reservoir,
(i) an estimate of the number of hectares of land to be flooded, the surface area, in hectares, of the reservoir when filled and the contemplated total storage capacity of the reservoir, and
(ii) a plan showing representative cross-sections of the reservoir;
(c) where the proposed undertaking consists of a watercourse crossing,
(i) a plan of the crossing showing cross-sections and elevations,
(ii) a description of the existing bed and banks of the watercourse, and
(iii) any available data on the water flow of the watercourse;
(d) where the water is proposed to be used for a municipal undertaking in respect of a camp or lodge or in respect of a municipality or settlement,
(i) a plan showing the location of the camp or lodge or the location, area and boundaries of the municipality or settlement,
(ii) an indication of the approximate capacity of the camp or lodge or population of the municipality or settlement, and
(iii) a plan of the intended water or sewage system, showing cross-sections and elevations;
(e) where the water is proposed to be used for an industrial or mining and milling undertaking, a description of the undertaking and of all wastes produced and chemicals used in the operation of the undertaking;
(f) where the proposed undertaking involves a deposit of waste,
(i) the location, rate, timing, frequency and duration of deposit,
(ii) the anticipated constituents of the deposit and the concentration thereof,
(iii) the methods proposed for the storage and treatment thereof, and
(iv) an assessment of the qualitative and quantitative effects on the waters into which the waste is to be deposited;
(g) where the undertaking involves the handling or storage of petroleum products or hazardous materials,
(i) a plan for the safe handling, storage and disposal thereof, and
(ii) a contingency plan for their containment and for the clean-up thereof in the event of a spill; and
(h) in any case, plans for the abandonment, or any temporary closing, of the proposed undertaking.
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