Nunavut Water Policy Data

The purpose of the Nunavut Waters and Nunavut Surface Rights Tribunal Act (2002) is to give direction of the provisions of the Nunavut Land Claims Agreement (1993) related to the management of waters in Nunavut, establish the Nunavut Water Board and the Surface Rights Tribunal, and to identify transitional provisions.

Other legislation around water in Nunavut includes the Northern Inland Waters Act (1985); the Northwest Territories Waters Act (1992); and the Public Utilities Act (1999), which is formerly the Northwest Territories Public Utilities Act (1988).

The Government of Nunavut, Department of Environment has the lead responsibility for ensuring the protection, promotion, and sustainable use of natural resources in Nunavut by supporting the management of the environment, wildlife, and parks.

Indian and Northern Affairs Canada has an overarching responsibility for water management is to provide provincial-type responsibilities for the north.

The Government of Nunavut, Department of Health and Social Services provides leadership, direction, and expertise in defining the mission, principles, and strategies for various health protection programs delivered within the Territory of Nunavut to promote public health including drinking water.

In 1996, the Nunavut Water Board was created under the Nunavut Land Claims Agreement (1993).  The water board's responsibilities and powers lie over the use, management, and regulation of inland water in Nunavut. The purpose is to ensure the conservation and utilization of waters in Nunavut, except where federal jurisdiction applies, in a manner that will provide the optimum benefits for the residents of Nunavut in particular and Canadians in general (Nunavut Water Board, 2009).

Prior allocation rules guide water rights in the Nunvavut Territory.  First Nations rights over water take priority, but water rights can be transferred to other parties.  Prioritization of water uses is on a first come, first serve basis (de Loë , Varghese, Ferreyra, Kreutzwiser, 2007).

The agency primarily responsible for water allocation is the Nunavut Water Board by the Nunavut Waters and Nunavut Surface Rights Tribunal Act (2002) based on section 13(2) of the Northern Inland Waters Act (1985) and on the Nunavut Water Board Order.  There is no maximum limit of withdrawal.  The duration of the license is at the discretion of the Nunavut Water Board but may not exceed 25 years.  Applications are submitted to the Nunavut Water Board with a supplementary questionnaire and an application fee.  Process follows the principles of administrative justice based on natural justice and procedural fairness.  When the application is complete, a public notice is issued and the public has 30 days to comment.  If a public hearing is required the Nunavut Water Board does not proceed with license until a land use planning or environmental assessment has been completed.  

The Nunavut Water Board does not have enforcement powers.  Compliance and enforcement fall within the jurisdiction of the Department of Indian and Northern Affairs who have the discretion to issue penalties or fines.  To date, there has been no penalties or fines assigned to any person or company (Nunavut Water Board, 2010) however, the Nunavut Water Board can issue, renew, amend, and cancel a water licence with or without a public hearing (Nunavut Water Board, 2010.

First Nations rights to water are not yet explicitly and legally acknowledged in any provincial or federal legislation. The 1987 Federal Water Policy (Environment Canada, 1987) acknowledges Native interests in water but this has not generally been reflected in provincial allocation decisions.

Indian and Northern Affairs Canada manages data collection and monitoring programs in cooperation with the Government of Nunavut and Environment Canada.  Data include hydrometrics and water quality collection.  Monitoring also includes measurements of surface water flow rates or events, rain and snow measurements, or other meteorological phenomena (Indian and Northern Affairs Canada, 2009).

There are no provincial or territorial programs to monitor drinking water or water resources in First Nations communities.

While no agreement has currently been established, there is a clause under the Nunavut Land Claims Agreement (1993), which states,

Where a drainage basin is shared between the Nunavut Settlement Area and another jurisdiction, the Government of Canada and the Territorial Government, assisted by the NWB, shall use their best efforts to negotiate agreements with other the jurisdictions concerned with the use and management of such drainage basins. (§ 13.10.1)

There are no agreements between any levels of government acknowledging First Nations water rights, except those delineated under land claim or self-government agreements, such as the Nisga'a Agreement.

Guidelines for drinking water quality are published by Health Canada.  No territorial regulations exist to ensure guidelines are followed in Nunavut. 

First Nations communities are located on Federal Reserve land, which falls within Federal jurisdiction. Provincial drinking water legislation does not apply to these communities.

There are currently no specific source water protection policies implemented by the Government of Nunavut around source water protection in Nunavut.  Source water protection could potentially be addressed under water quality regulations.

Source water protection policy does not address protection of First Nations water.

There is currently no specific wellfield protection planning implemented by the Government of Nunavut around source water protection in Nunavut.

Groundwater licensing law exists under Nunavut Waters and Nunavut Surface Rights Tribunal Act (2002) and is regulated through the Nunavut Water Board by-laws (Bakker, 2006).

Reporting requirements in Nunavut are discretionary.  When reporting is done, it is done so by location, source, and purpose of use.  The Nunavut Waters and Nunavut Surface Rights Tribunal Act (2002) allows citizens to appeal permit decisions and there is a database of permit information.

Provincial permitting processes do not apply to Federal lands such as First Nations reserves and communities.

Wastewater is governed by the Nunavut Waters and Nunavut Surface Rights Tribunal Act (2002) as "waste" (Section 4, Paragraph 12).

Provincial or territorial policies and strategies do not apply or include First Nations reserves or communities.

The Department of Indian and Northern Affairs Canada has a mandate to manage water through "a comprehensive ecosystem approach; this means that planning is based on the hydrological unit of the watershed rather than political jurisdictions" (Indian and Northern Affairs Canada, 2009, online)

The Nunavut Water Board is prohibited from issuing, renewing or amending a license that could have adverse affects on quality, quantity, or rate of flow. However, there appears to be no legislation or policies explicitly linking ecosystem quality needs to human actions.

At this time, there is no plan or strategy for water conservation.  The Nunavut Water Board could, but at this time does not, require conservation measures as a condition of licensing (Nunavut Water Board, 2010).

Provincial or territorial policies and strategies do not apply or include First Nations reserves or communities.

Learn more about Nunavut conservation initiatives and requirements from the Alliance for Water Efficiency. 

There is currently no legislation explicitly addressing ecosystem protection regarding water withdrawals.

The policy entitled Respecting the Prohibition of Bulk Water Removal from Major River Basins in Nunavut, released by Indian and Northern Affairs Canada in 2003 states, "The removal of freshwater in bulk quantities from the major drainage basins within Nunavut is prohibited. Any licenses submitted to the Minister authorizing bulk water removal will not be approved" (p. 3).

Bulk water removal is defined as any water transferred out of a river basin in any individual container greater than 40 litres in volume, or removal by any means that involves permanent out-of-basin transfer, whether it is by diversion (including pipeline, canal, tunnel, aqueduct, or channel), tanker or other mechanism (Indian and Northern Affairs Canada, 2003, p. 3)

The Nunavut Climate Change Strategy released by the Government of Nunavut, Department of Environment (2003) does not explicitly relate activities to water. 

Other initiatives the Government is part of included the Nunavut Climate Change Centre (work in progress), Canadian Climate Impacts and Adaptation Research Network, Inuit Qaujimajatuqangit of Climate Change for North and South Baffin, and the Kivalliq and Kitikmeot Northern Strategy Round Table (Council of the Federation, 2007).