The Nunavut Waters and Nunavut Surface Rights Tribunal Act is part of Canada's commitment to fulfil its obligations under the Nunavut Land Claims Agreement (NLCA) and to provide certainty to the people of Nunavut. This Act clarifies the mandates of the Water Board and the Surface Rights Tribunal, in accordance with the Nunavut Land Claims Agreement and, as a result, creates legal certainty over the scope of their powers and responsibilities.

According to the NLCA, the Water Board and Tribunal were to be appointed by a specified date even if the legislation had not yet been enacted. As a result, the Board and Tribunal have been operational since 1996 and 1995 respectively.

To develop the required legislation, Indian and Northern Affairs Canada consulted with Aboriginal organizations, the Government of Nunavut and industry. The department consulted affected parties on Part 1 for 5 years and Part 2 for 8 years.

Part 1 of the new Act refers to the Nunavut Water Board. The Board is responsible for the regulation of fresh-water resources and water use in Nunavut. The Act also recognizes the rights of Inuit concerning water in, on, or flowing through their land, as outlined in the NLCA. The Act also prohibits the Board from issuing, amending or renewing a water licence or a licence for the deposit of waste that may substantially affect the quality, quantity or flow of waters through Inuit-owned land, unless appropriate compensation for any adverse effects has been determined in advance.

Part 2 of the Act establishes the powers and responsibilities of the Nunavut Surface Rights Tribunal. This Tribunal has jurisdiction to resolve the following kind of disputes:

• between Inuit and persons who wish to access Inuit-owned land;
• between persons who occupy Crown lands and persons holding subsurface rights who wish to access those Crown lands;
• between government and Inuit in respect of the use of sand and gravel on Inuit-owned lands; and
• disputes concerning loss to Inuit from damage to wildlife by development.

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