Article 13

Pink dwarf fireweed blooming along a shoreline, with sunlight sparkling on the water and buildings on the far shore under a cloudy sky.

Nunavut Agreement

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

Membership, Appointment, and Panels

13.3.1 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 and Northern Development upon nomination by a DIO;

(b) two members shall be appointed by the Minister of Indian Affairs and Northern 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.

Panels

13.3.6 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.

Matters Binding on Members

13.3.7 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.

Administration

13.3.8 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.

Public Hearings

13.3.12 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.

Costs of NWB

13.3.17 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

Development of Land Use Plans

13.4.1 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.

Lack of Conformity with Land Use Plans