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Frequently Asked Questions |
- What are the NWT Water Board's objectives?
The objectives of the NWT Water Board are to provide for the conservation, development and utilization of waters in a manner that will provide the optimum benefit for all Canadians in general and, in particular, for the residents of any part of the Northwest Territories for which the NWT Water Board is authorized to issue licences.
- Does the NWT Water Board have jurisdiction over the entire Northwest Territories?
No. The NWT Water Board's jurisdiction is the Inuvialuit Settlement Region within the NWT and is limited to use of freshwater and disposal of waste that may come into contact with water. For more information, please refer to the Area of Responsibility section.
- Does the NWT Water Board have jurisdiction over the ocean?
No. The NWT Water Board's jurisdiction is limited to inland waters. It does not include marine areas.
- What is a water licence?
A water licence is an authorization issued for the use of waters, the deposit of waste that may enter water, or both. A water licence may be a Type A or a Type B licence in accordance with the criteria prescribed by the Northwest Territories Waters Regulations.
The NWT Water Board's authority to issue a water licence applies to inland waters, meaning those waters in a liquid or solid state, on or below the surface of land. In addition, the NWT Water Board's jurisdiction applies to waste that may enter waters, meaning any substance that, by itself or in combination with other substances, would have the effect of altering the quality of any water.
- Do individuals need to have a water licence for their personal use?
No. Water licences are not required for domestic or personal use, fishing, swimming, navigating, firefighting, or flood control during an emergency.
- Do I need a water licence for my project?
The type of undertakings that require a water licence are outlined in Schedules four (4) to eight (8) of the Northwest Territories Waters Regulations. Some of the variables that determine whether a water licence is required include the amount of water to be used, watercourse crossing, diversion, camp, and the deposit of waste. If a water licence is not required the provisions of the Northwest Territories Waters Act must still be adhered to.
If a water licence is required the project will undergo an environmental assessment as described by the Canadian Environmental Assessment Act (CEAA). Projects may require environmental screening or review as described in the Inuvialuit Final Agreement (IFA). The IFA provisions may be required even if a water licence is not needed for your project.
- What type of water licence (Type A or Type B) does my activity require?
The NWTWB determines what type of licence is required using guidance found in columns III and IV of Schedules IV through VIII of the Northwest Territories Waters Regulations.
If one component of a project requires a Type A licence, the entire project will be reviewed as a Type A licence.
- How can I access the NWT Water Board's public registry?
- What kind of documents can be found on the public registry?
Examples of documents that can be found in the NWT Water Board's public registry or Online Registry:
- An original copy of the application and all supporting documents;
- A copy of any licence issued;
- An original copy of the Reasons for Decision of the Northwest Territories Water Board; and
- An original copy of all written correspondence and documents submitted to the Board that the licensee sent to be in compliance with the conditions of its licence.
- What is the licensing process and how long does each step takes?
The time it takes from the submission of an application to the time the NWT Water Board makes its decision depends, for example, on the quality and quantity of the information submitted to support the application, the type of undertaking and if the application needs to go through a public hearing. Please refer to the Process Map for more information.
Each application is unique. Therefore, the NWT Water Board can not predict how long the licensing process would take. Typically Type B applications are reviewed and a decision is arrived at within 3 months. Type A applications take longer.
- Do all the applications go through public hearing processes?
No. Most of the licences issued by the NWT Water Board are Type B licences. Generally Type B licence applications do not go through a public hearing process, unless the NWT Water Board determines that it is in the public interest to do so.
According to Sub-section 21 (2) of the Northwest Territories Waters Act, the Board is required to allow for a public hearing to be held for Type A licence applications. If there is no interest on behalf of the public, government or the Board then a public hearing will not be required for a Type A water licence application.
- Does the NWT Water Board issue land use permits?
No. The NWT Water Board only issues water licences. In the southern portion of the NWT, which is guided by the Mackenzie Valley Resource Management Act (MVRMA) land use permits and water licences are issued by regional Land and Water Boards. An applicant that requires a LUP in the Inuvialuit Settlement Region needs to communicate with Indian and Northern Affairs Canada (INAC) for projects located on crown land or with the Inuvialuit Land Administration (ILA) for projects located on Inuvialuit Private Land.
- Does the NWT Water Board only handle new applications?
No. The NWT Water Board is also responsible for amendments, assignments, cancellations and renewals of existing licences. Also, the NWT Water Board is responsible for the review of documents required as a condition of a water licence.
- What is required in a water licence application?
The application for a new licence, the amendment or renewal of an existing licence must include at minimum the following information and must be in accordance, where applicable, with Section 14 to 18 of the Northwest Territories Waters Act (NWTWA) and the Northwest Territories Waters Regulations (NWTWR):
- All information required by Section 6 of the NWTWR;
- A completed application form (Schedule III) pertaining to that particular undertaking;
- The fee ($30.00) payable to the Receiver General on the submission of an application for a licence or for the amendment, renewal, cancellation or assignment of a licence or of an application under Section 31 of the NWTWA (Section 7 of the NWTWR);
- A description of how the applicant intends to use waters and if this use will affect another licensee, or any person described in Subsection 14 (4) of the NWTWA, or, in the case of an amendment, any changes to this use;
- A description of the environmental impacts and socio-economic issues that are closely related to the environmental effects and how the applicant proposes to mitigate any adverse effects;
- A list of studies that have been undertaken to date and where possible, include a copy of each study;
- A description of public consultation and data gathering methodologies. The applicant must inform and obtain feedback on the project from the communities in the project area prior to the application being submitted;
- Indicate the proposed start and completion dates and where possible, list any anticipated periods of seasonal shut down;
- A copy of any compensation agreement between the applicant and any other licensee or another person who's application for a water use licence would take precedence, pursuant to Section 29 of the NWTWA;
- Proof of any compensation paid or to be paid by the applicant to persons described in Subsection 14 (4) of the NWTWA;
- Confirmation that the applicant has submitted a security deposit in accordance with Subsection 17(1) of the NWTWA and Section 12 of the NWTWR;
- The applicant must print their name at the end of the form and the application must be signed by the representative who has the authority to sign on behalf of the proponent;
- If applicable, the applicant must complete the questionnaire for Municipal Undertakings;
- If applicable, the applicant must complete the questionnaire for oil and gas exploration: drilling;
- If applicable, the applicant must complete the questionnaire for oil and gas exploration: seismic; and,
- The annual fees for water use for the first year of activity, in accordance with Section 9 of the NWTWR.
- Why is it important to submit a complete water licence application?
The completeness of an application directly impacts the length of time it takes to process a water licence application. During the water licensing process, the applicant may be required to submit additional information and/or documents. Once received, the information and/or documents must be made available to parties for a review period relevant to the quantity of additional information submitted. The additional time required for the applicant to respond with additional information and/or documents and for parties to review the additional information increases considerably the amount of time it will take to process the application. The NWTWB encourages applicants to get in touch with the NWTWB early and often when considering applying for a water licence.
- How much will it cost to submit an application?
The application fee for a new water licence or for the amendment, assignment or cancellation of an existing water licence is $30.00. (Payable to the Receiver General for Canada).
If applicable to your project, you will also have to pay the water use fees for the first year of your activities.
- If I am not the applicant, how can I participate in a water licence processing?
Concerned members of the public and government agencies must file a notice of intention to intervene in a given licence proceeding, using the appropriate form. The form can be found on the Application Forms section of our website. The NWTWB issues notification of applications in various NWT newspapers.
- Can I ask the NWT Water Board to rethink its decision, if I am not happy with the decision that was made?
- What happens when my licence expires?
If the licence expires before it is renewed by the NWT Water Board, the water use and waste disposal must cease immediately, if not the licensee will be in contravention of the Northwest Territories Waters Act. Nevertheless, the expiry of the licence does not relieve the licensee from any obligations imposed by the licence.
- When should I submit my renewal application?
Every renewal application should be submitted to the NWT Water Board at least eight (8) months before the licence expires.
- Do I need to pay water use fees?
The fees payable by a licensee for the right to use of water are calculated on an annual basis. To find out if you are required to pay these fees, go to Section 9 of the Northwest Territories Waters Regulations. Also, the water use fees are charged for the right to use water. If you do not use the amount of water that was authorized to you, you are still required to pay these fees.
- Can my licence be transferred to another person, company…?
Yes. You need to fill out the Application for Assignment of Licence form and follow the assignment procedure.
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