72.26 (1) If more than one person has a licence, or other authorization to use waters issued by any authority responsible for the management of waters in the Northwest Territories or in Nunavut, in respect of a federal area, the person who first applied is entitled to the use of the waters in accordance with that person’s licence or authorization in precedence over the other persons.

60 (1) The Board has jurisdiction in respect of all uses of waters and deposits of waste in a federal area in the Mackenzie Valley for which a licence is required under this Part and may, in accordance with the regulations, issue, amend, renew and cancel licences and approve the assignment of licences.

The important thing to remember about a water licence is this: after June 15, 1993, when the Northwest Territories Waters Act and the Yukon Waters Act came into force—and this concept is repeated in Bill C-33—each and every provision of a water licence—and there may be hundreds of them—became fully enforceable in a court of law through the criminal justice system, unlike the situation that prevailed before this legislation came into effect.

The four issues we wish to address are, one, non-derogation of aboriginal and treaty rights, subclause 3(3) of the proposed legislation; two, minister's authority to approve the issuance, amendment, renewal, and cancellation of water licences; three, fees for the use of waters on Inuit-owned lands; and four, inspection and enforcement of water licences.

The following amendments are proposed for the Nunavut Waters and Nunavut Surface Rights Tribunal Act: increase fines for those who provide false or misleading information and obstruct or fail to comply with the direction of an inspector to ensure compliance; establish administrative monetary penalties; revise the length of validity for licences issued by the Nunavut water boards; provide the federal minister with legislative authority to enter into agreements related to security with the Inuit, the applicant, and the Nunavut Water Board, which will help to address a long-standing problem of double bonding; set out fixed beginning-to- ...[+++]end timelines for decisions on water licences; and subject certain water licence reviews to cost recovery.

Stockpiles of chemicals listed either in Annex A or Annex B, after they are no longer allowed to be used according to any specific exemption specified in Annex A or any specific exemption or acceptable purpose specified in Annex B, except stockpiles which are allowed to be exported according to paragraph 2 of Article 3, shall be deemed to be waste and shall be managed in accordance with subparagraph (d).