Mackenzie Valley Federal Areas Waters Regulations

Contents

His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, the Treasury Board, the Northwest Territories Water Board and the Yukon Territory Water Board, is pleased hereby(a) pursuant to section 29 of the Northern Inland Waters Act, to revoke the Northern Inland Waters Regulations, C.R.C., c. 1234, and(b) pursuant to section 33 of the Northwest Territories Waters Act and section 33 of the Yukon Waters Act, to make the annexed Regulations respecting inland water resources in the Northwest Territories and the annexed Regulations respecting inland water resources in the Yukon Territory, in substitution therefor,^note^noteeffective June 15, 1993.

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[Repealed, SOR/2016-130, s. 2] (repealed)

Interpretation

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In these Regulations,

Act means the Mackenzie Valley Resource Management Act; (Loi)

groundwater means all water in a zone of saturation beneath the land surface, regardless of its origin; (eau souterraine)

undertaking means an undertaking in respect of which water is to be used or waste is to be deposited, of a type set out in Schedule II; (entreprise)

watercourse means a natural watercourse, body of water or water supply, whether usually containing water or not, and includes groundwater, springs, swamps and gulches. (cours d’eau)

^note

Water Management Areas

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The geographical areas of the Northwest Territories set out in Schedule I are established as water management areas.

Application

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These Regulations apply in respect of federal areas that are within the water management areas established under section 3.^note

Water Use or Waste Deposit Without a Licence

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(1)A person may use water and deposit waste without a licence if the proposed use or deposit

(a)has no potential for significant adverse environmental effects;

(b)would not interfere with existing rights of other water users or waste depositors; and

(c)satisfies the criteria set out

(i)in respect of an industrial undertaking, in column II of Schedule IV;

(ii)in respect of a mining and milling undertaking, column II of Schedule V;

(iii)in respect of a municipal undertaking, in column II of Schedule VI;

(iv)in respect of a power undertaking, in column II of Schedule VII; and

(v)in respect of an agricultural, conservation, recreational or miscellaneous undertaking, in column II of Schedule VIII.

(2)An individual may, without a licence, deposit waste that is sewage from a residential building, in accordance with the General Sanitation Regulations of the Northwest Territories.

(3)A vessel, as defined in section 2 of the Canada Shipping Act, 2001, may deposit waste without a licence if the deposit of that waste is not prohibited under Part 9 of that Act.

Applications for Licences

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(1)An application for a licence or for the amendment or renewal of a licence shall be the form set out in Schedule III and shall contain the information identified therein and be accompanied by a deposit equal to any water use fee that would be payable under subsection 9(1) in respect of the first year of the licence that is being applied for.

(2)An application referred to in subsection (1) shall also include

(a)where the proposed undertaking consists of a dam,

(i)a plan showing the length, height, cross-sections and elevations of the dam and the location and preliminary designs of spillways, canals, sluice pipes and any other outlet works, and

(ii)data respecting the type and composition of the material to be used in the construction of the dam;

(b)where the proposed undertaking consists of a storage reservoir,

(i)an estimate of the number of hectares of land to be flooded, the surface area, in hectares, of the reservoir when filled and the contemplated total storage capacity of the reservoir, and

(ii)a plan showing representative cross-sections of the reservoir;

(c)where the proposed undertaking consists of a watercourse crossing,

(i)a plan of the crossing showing cross-sections and elevations,

(ii)a description of the existing bed and banks of the watercourse, and

(iii)any available data on the water flow of the watercourse;

(d)where the water is proposed to be used for a municipal undertaking in respect of a camp or lodge or in respect of a municipality or settlement,

(i)a plan showing the location of the camp or lodge or the location, area and boundaries of the municipality or settlement,

(ii)an indication of the approximate capacity of the camp or lodge or population of the municipality or settlement, and

(iii)a plan of the intended water or sewage system, showing cross-sections and elevations;

(e)where the water is proposed to be used for an industrial or mining and milling undertaking, a description of the undertaking and of all wastes produced and chemicals used in the operation of the undertaking;

(f)where the proposed undertaking involves a deposit of waste,

(i)the location, rate, timing, frequency and duration of deposit,

(ii)the anticipated constituents of the deposit and the concentration thereof,

(iii)the methods proposed for the storage and treatment thereof, and

(iv)an assessment of the qualitative and quantitative effects on the waters into which the waste is to be deposited;

(g)where the undertaking involves the handling or storage of petroleum products or hazardous materials,

(i)a plan for the safe handling, storage and disposal thereof, and

(ii)a contingency plan for their containment and for the clean-up thereof in the event of a spill; and

(h)in any case, plans for the abandonment, or any temporary closing, of the proposed undertaking.

Application Fees

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The fee payable on the submission of an application for a licence or for an amendment, renewal, cancellation or assignment of a licence is $30.^note

Licensing Criteria

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(1)Subject to subsection (2), a licence issued under subsection 72.03(1) of the Act shall be a type B licence for one or more uses of water or deposits of waste set out in column I of any of Schedules IV to VIII, if any one of those uses or deposits

(a)meets a criterion set out in column III thereof; or

(b)meets a criterion set out in column II thereof, but does not meet the requirements of paragraphs 5(1)(a) and (b).

(2)A licence issued under subsection 72.03(1) of the Act shall be a type A licence for one or more uses of water or deposits of waste set out in column I of any of Schedules IV to VIII, if any one of those uses or deposits meets a criterion set out in column IV thereof.

Water Use Fees

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(1)Subject to subsections (4) and (5), the fee payable by a licensee for the right to the use of water, calculated on an annual basis, is

(a)in respect of an agricultural undertaking, the greater of

(i)$30, and

(ii)$0.15 for each 1 000 m³ authorized by the licence;

(b)in respect of an industrial, mining and milling or miscellaneous undertaking, the greater of $30 and the aggregate of

(i)for the first 2 000 m³ per day that is authorized by the licence, $1 for each 100 m³ per day,

(ii)for any quantity greater than 2 000 m³ per day but less than or equal to 4 000 m³ per day that is authorized by the licence, $1.50 for each 100 m³ per day, and

(iii)for any quantity greater than 4 000 m³ per day that is authorized by the licence, $2 for each 100 m³ per day; and

(c)in respect of a power undertaking,

(i)for a Class 0 power undertaking, nil,

(ii)for a Class 1 power undertaking, $1,500,

(iii)for a Class 2 power undertaking, $4,000,

(iv)for a Class 3 power undertaking, $10,000,

(v)for a Class 4 power undertaking, $30,000,

(vi)for a Class 5 power undertaking, $80,000, and

(vii)for a Class 6 power undertaking, $90,000 for the first 100 000 kW of authorized production and $1,000 for each 1 000 kW of authorized production in excess of 100 000 kW.

(2)For the purposes of paragraph (1)(b), where a licence authorizes the use of water on a basis other than a daily basis, the licence fee payable shall be calculated by converting the rate of authorized use to an equivalent daily rate.

(3)Where the volume of water is specified in a licence to be total watercourse flow, the licence fee will be calculated using the mean daily flow of the watercourse, calculated on an annual basis.

(4)Licence fees are payable only for the portion of the year during which the licence is in effect.

(5)No fees are payable under subsection (1) in respect of a diversion of water where the water is not otherwise used.

(6)Licence fees shall be paid or, in the case of an initial payment, deducted from the deposit

(a)in respect of a licence for a term of one year or less, at the time the licence is issued; and

(b)in respect of a licence for a term of more than one year,

(i)for the first year of the licence, at the time the licence is issued, and

(ii)for each subsequent year of the licence, or for any portion of the final year of the licence, in advance, on the anniversary of the date of issuance of the licence.

(7)Where the licence fee payable under this section is less than the amount of the deposit remitted under subsection 6(1), the difference shall be refunded accordingly.

Applications for Assignment

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(1)The authorization of a board for the assignment of a licence referred to in section 72.14 of the Act may be obtained by submitting an application, accompanied by the fee set out in section 7, to the board established for the relevant water management area not less than 45 days before the date on which the applicant proposes to assign the licence.

(2)An application referred to in subsection (1) shall be signed by the assignor and the assignee and shall include the name and address of the assignee.

Applications for Cancellation

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An application for cancellation of a licence shall be in writing and set out the reason for the requested cancellation and a description of the measures taken or proposed to be taken, prior to cancellation, for abandonment of the appurtenant undertaking.

Security

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(1)A board may fix the amount of security required to be furnished by an applicant under subsection 72.11(1) of the Act in an amount not exceeding the aggregate of the costs of

(a)abandonment of the undertaking;

(b)restoration of the site of the undertaking; and

(c)any ongoing measures that may remain to be taken after the abandonment of the undertaking.

(2)In fixing an amount of security under subsection (1), a board may have regard to

(a)the ability of the applicant, licensee or prospective assignee to pay the costs referred to in that subsection; or

(b)the past performance by the applicant, licensee or prospective assignee in respect of any other licence.

(3)Security referred to in subsection (1) shall be in the form of

(a)a promissory note guaranteed by a bank in Canada and payable to the Receiver General;

(b)a certified cheque drawn on a bank in Canada and payable to the Receiver General;

(c)[Repealed, SOR/2016-130, s. 9] (repealed)

(d)an irrevocable letter of credit from a bank in Canada; or

(e)cash.

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[Repealed, SOR/2016-130, s. 10] (repealed)

Public Register

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(1)The register referred to in section 68 of the Act shall be in the form of one or more files in respect of each licence application.

(2)Each file referred to in subsection (1) shall contain

(a)a copy of the application and of all supporting documents;

(b)all records from any public hearing held in connection with the application;

(c)a copy of any licence issued in respect of the application and the board’s reasons for decision in respect of its issuance; and

(d)all correspondence and documents submitted to the board in respect of compliance with the conditions of any licence issued in respect of the application.

Reports

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(1)Every licensee shall maintain accurate and detailed books and records and shall submit a report each year to the board that issued the licence, on or before the anniversary of the date of issuance of the licence, setting out the quantity of water used under the licence and the quantity, concentration and type of any waste deposited under the licence.

(2)A report submitted pursuant to subsection (1) shall be signed by

(a)the licensee, where the licensee is an individual; or

(b)an authorized agent of the licensee, where the licensee is not an individual.

Schedule I · Water Management Areas (Section 3)

1 Great Slave Lake and all waters and river basins draining into Great Slave Lake2 Great Bear Lake, all waters and river basins draining into Great Bear Lake, the Great Bear River and its tributaries and all the river basins of the Great Bear River and its tributaries3 The Mackenzie River, its tributaries and all river basins of the Mackenzie River and its tributaries4 and 5 [Repealed, SOR/2016-130, s. 13]6 All waters and river basins of the mainland draining into Hudson Bay7 All other waters and river basins draining into the Arctic Ocean or adjacent waters

Schedule II · (Section 2)

| Column I | Column IIItem | Type of Undertaking | Description of Undertaking1 | Industrial undertaking | Any industrial activity other than mining and milling, including manufacturing processes, hydrostatic testing, fluming, the exploration for, and production and transportation of oil and gas, cooling systems, food processing, tanneries, smelters, sawmills, pulp mills, metal finishing and tailings reprocessing2 | Mining and milling undertaking | Operation of a mine within the meaning of the Canada Mining Regulations or the Territorial Coal Regulations, and any milling related thereto3 | Municipal undertaking | Any activity(a)in a municipality, or in a settlement comprising a multiplicity of residential units, that uses only a municipal water and sewage system, including domestic, horticultural, fire protection, commercial or industrial activities, or(b)in a camp or lodge4 | Power undertaking | Authorized hydro or geothermal electrical generation of(a)Class 0 | 150 or fewer kilowatts(b)Class 1 | More than 150 kW but less than 5 000 kW(c)Class 2 | 5 000 or more kilowatts but less than 10 000 kW(d)Class 3 | 10 000 or more kilowatts but less than 20 000 kW(e)Class 4 | 20 000 or more kilowatts but less than 50 000 kW(f)Class 5 | 50 000 or more kilowatts but less than 100 000 kW(g)Class 6 | 100 000 or more kilowatts5 | Agricultural undertaking | Nourishing crops or the providing of water for livestock6 | Conservation undertaking | Construction of works for the preservation, protection or improvement of the existing natural environment7 | Recreational undertaking | A commercial or public recreational development8 | Miscellaneous undertaking | Any other undertaking

Schedule III · Application for Licence, Amendment of Licence, or Renewal of Licence (Subsection 6(1))

APPLICATION/LICENCE NO:(amendment or renewal only)1 NAME AND MAILING ADDRESS OF APPLICANTTELEPHONE: FAX: 2 ADDRESS OF HEAD OFFICE IN CANADA IF INCORPORATEDTELEPHONE:FAX:3 LOCATION OF UNDERTAKING (describe and attach a map, indicating watercourses and location of any proposed waste deposits)Latitude Longitude 4 DESCRIPTION OF UNDERTAKING (describe and attach plans)5 TYPE OF UNDERTAKING1 Industrial2 Mining and milling3 Municipal4 Power5 Agriculture6 Conservation7 Recreation8 Miscellaneous (describe) 8. 6 WATER USETo obtain water To cross a watercourse To modify the bed or bank of a watercourse Flood control To divert water To alter the flow of, or store, water Other (describe) 7 QUANTITY OF WATER INVOLVED (litres per second, litres per day or cubic metres per year, including both quantity to be used and quality to be returned to source)8 WASTE DEPOSITED (quantity, quality, treatment and disposal)9 OTHER PERSONS OR PROPERTIES AFFECTED BY THIS UNDERTAKING (give name, mailing address and location; attach list if necessary)10 PREDICTED ENVIRONMENTAL IMPACTS OF UNDERTAKING AND PROPOSED MITIGATION11 CONTRACTOR AND SUB-CONTRACTORS (names, addresses and functions)12 STUDIES UNDERTAKEN TO DATE (attach list if necessary)13 PROPOSED TIME SCHEDULEStart date Completion date NAME (Print)TITLE (Print)SIGNATUREDATEFor Office Use OnlyAPPLICATION FEE Amount: $ Receipt No.: WATER USE DEPOSIT Amount: $ Receipt No.:

Schedule IV · (Sections 5 and 8)

Item | Column I | Column II | Column III | Column IVWater Use/Deposit of Waste | Water Use and Deposit of Waste Permitted Without a Licence | Water Use and Deposit of Waste Requiring a Type “B” Licence | Water Use and Deposit of Waste Requiring a Type “A” Licence1 | Direct water use in respect of | | | (a)oil and gas exploration; and | Use of less than 100 m3 per day* | Use of 100 or more cubic metres per day* | None(b)any other industrial undertaking | Use of less than 100 m3 per day* | Use of 100 or more cubic metres per day and less than 300 cubic metres per day* | Use of 300 or more cubic metres per day*2 | (1) Watercourse crossings, including pipelines, bridges and roads | Construction of a structure across a watercourse less than 5 metres wide at ordinary high water mark at point of construction | Construction of a structure across a watercourse 5 or more metres wide at ordinary high water mark at point of construction | None(2) Watercourse training, including channel and bank alterations, culverts, spurs, erosion control, and artificial accretion | Training(a)of intermittent watercourses,(b)of watercourses that are less than 5 m wide at the ordinary high water mark at the point of training,(c)involving infilling of a watercourse with no inflow or outflow and with a surface area of less than 0.5 ha, or(d)involving removal or placement of less than 100 m3 of material, where cross-sectional area not significantly changed at point of removal or placement | All other watercourse training | None(3) Flood Control | Construction of a temporary structure | Construction of a permanent in-stream structure | None(4) Diversions | Diversion of a watercourse that is less than 2 m wide at ordinary high water mark at point of diversion | All other diversions | None(5) Alteration of flow or storage by means of dams or dikes. | Off-stream storage of a quantity of water less than or equal to 2 500 m3 | Off-stream storage of a quantity of water greater than 2 500 m3 and less than 60 000 m3, or instream storage of a quantity of water less than 60 000 m3 | All other alterations or storage3 | Deposit of waste in conjunction with | | | (a)oil and gas exploration, | Deposit of drill waste by injection into an underground formation or reservoir that is authorized under paragraph 5(1)(b) of the Canada Oil and Gas Operations Act | Deposit of drill waste to a sump | Deposit of drill waste other than deposit of drill waste to a sump or by injection into an underground formation or reservoir(b)oil and gas production, processing and refining, | Deposit of drill waste by injection into an underground formation or reservoir that is authorized under paragraph 5(1)(b) of the Canada Oil and Gas Operations Act | None | Deposit of waste other than deposit of drill waste by injection into an underground formation or reservoir(c)quarrying and gravel washing, | Deposit of waste in conjunction with quarrying above ordinary high water mark where there is no direct or indirect deposit of waste to surface water | Deposit of waste in conjunction with quarrying below ordinary high water mark or deposit of waste in conjunction with quarrying above ordinary high water mark where there is a direct or indirect deposit of waste to surface water | None(d)hydrostatic testing, | Any deposit of waste associated with cleaning or testing of previously unused storage tanks or pipelines | Any deposit of waste associated with cleaning or testing of used storage tanks or pipelines | None(e)cooling, or | Any deposit of waste that does not contain biocides or conditioners | Any deposit of biocides or conditioners | None(f)other industrial undertakings | None | All | None

Schedule V · (Sections 5 and 8)

| Column I | Column II | Column III | Column IVItem | Water Use/Deposit of Waste | Water Use and Deposit of Waste Permitted Without a Licence | Water Use and Deposit of Waste Requiring a Type “B” Licence | Water Use and Deposit of Waste Requiring a Type “A” Licence1 | Direct water use | Use of less than 100 m3 per day* | Use of water for milling at a rate of less than 100 tonnes of ore per day, use of water for leaching other than production leaching or use of 100 or more cubic metres per day for undertakings other than milling or production leaching* | Use of water for milling at a rate of 100 or more tonnes of ore per day or use of water for production leaching2 | (1) Watercourse crossings, including pipelines, bridges and roads | Construction of a structure across a watercourse less than 5 metres wide at ordinary high water mark at point of construction | Construction of a structure across a watercourse 5 or more metres wide at ordinary high water mark at point of construction | None(2) Watercourse training including channel and bank alterations, culverts, spurs, erosion control, and artificial accretion | Training(a)of intermittent watercourses,(b)of watercourses that are less than 5 m wide at the ordinary high water mark at the point of training,(c)involving infilling of a watercourse with no inflow or outflow and with a surface area of less than 0.5 ha, or(d)involving removal or placement of less than 100 m3 of material, where cross-sectional area not significantly changed at point of removal or placement | All other watercourse training | None(3) Flood Control | Construction of a temporary structure | Construction of a permanent in-stream structure | None(4) Diversions | Diversion of a watercourse that is less than 2 metres wide at ordinary high water mark at point of diversion | All other diversions | None(5) Alteration of flow or storage by means of dams or dikes | Off-stream storage of a quantity of water less than or equal to 2 500 m3 | Off-stream storage of a quantity of water greater than 2 500 m3 and less than 60 000 m3, or instream storage of a quantity of water less than 60 000 m3 | All other alterations or storage3 | Deposit of waste in conjunction with(a)placer mining, or | Any deposit of waste in conjunction with non-mechanized in-stream placer operations or with out-of-stream watercourse placer or testing operations, where no chemical additives are used and there is no direct or indirect deposit of waste to surface water | Any deposit of waste in conjunction with mechanized in-stream placer operations or with any operations where chemical additives are used | None(b)other mining and milling | Any deposit of waste, other than from milling, where there is no direct or indirect deposit to surface water | Any direct or indirect deposit of waste to surface waters, or any deposit of waste from milling at a rate of less than 100 tonnes of ore per day | Deposit of waste from milling at a rate of 100 tonnes or more of ore per day

Schedule VI · (Sections 5 and 8)

| Column I | Column II | Column III | Column IVItem | Water Use/Deposit of Waste | Water Use and Deposit of Waste Permitted Without a Licence | Water Use and Deposit of Waste Requiring a Type “B” Licence | Water Use and Deposit of Waste Requiring a Type “A” Licence1 | Direct water use | Use of less than 50 m3 per day* | Use of 50 or more cubic metres and less than 2,000 m3 per day* | Use of 2,000 or more cubic metres per day*2 | (1) Watercourse crossings, including pipelines, bridges and roads | Construction of a structure across a watercourse less than 5 m in width at ordinary high water mark at point of construction | Construction of a structure across a watercourse 5 or more metres in width at ordinary high water mark at point of construction | None(2) Watercourse training, including channel and bank alterations, culverts, spurs, erosion control, and artificial accretion | Training(a)of intermittent watercourses,(b)of watercourses that are less than 5 m wide at the ordinary high water mark at the point of training,(c)involving infilling of a watercourse with no inflow or outflow and with a surface area of less than 0.5 ha, or(d)involving removal or placement of less than 100 m3 of material, where cross-sectional area not significantly changed at point of removal or placement | All other watercourse training | None(3) Flood control | Construction of a temporary structure | Construction of a permanent in-stream structure | None(4) Diversions | Diversion of a watercourse that is less than 2 m wide at ordinary high water mark at point of diversion | All other diversions | None(5) Alteration of flow or storage by means of dams or dikes | Off-stream storage of a quantity of water less than or equal to 2 500 m3 | Off-stream storage of a quantity of water greater than 2 500 m3 and less than 60 000 m3, or instream storage of a quantity of water less than 60 000 m3 | All other alterations or storage3 | Deposit of waste by(a)municipalities or settlements | Any deposit of waste in accordance with the Public Sewerage Systems Regulations of the Northwest Territories by a city, town, village or settlement serving 50 or fewer people where there is no direct or indirect deposit of waste to surface waters | Any deposit of waste by means of sewage collection or treatment system serving a population of between 50 and 2,000 | Any deposit of waste by means of a sewage collection or treatment system serving a population of 2,000 or more(b)camps or lodges | Any deposit of waste in accordance with the General Sanitation Regulations of the Northwest Territories by a camp or lodge serving 50 or fewer people, where there is no direct or indirect deposit to surface waters | Any deposit of waste by a camp or a lodge with capacity of more than 50 occupants per day or any direct or indirect deposit of waste to surface waters | None

Schedule VII · (Sections 5 and 8)

Schedule VIII · (Sections 5 and 8)

| Column I | Column II | Column III | Column IVItem | Water Use/Deposit of Waste | Water Use and Deposit of Waste Permitted Without a Licence | Water Use and Deposit of Waste Requiring a Type “B” Licence | Water Use and Deposit of Waste Requiring a Type “A” Licence1 | Direct water use | Use of less than 100 m3 per day or use for construction of an ice bridge where the water used is removed directly from the watercourse* | Use of 100 or more cubic metres per day and less than 300 m3 per day* | Use of 300 or more cubic metres per day*2 | (1) Watercourse crossings, including pipelines, bridges and roads | Construction of a structure across a watercourse that is less than 5 metres wide at ordinary high water mark at point of construction | Construction of a structure across a watercourse that is 5 metres or more in width at ordinary high water mark at point of construction | None(2) Watercourse training including channel and bank alterations, spurs, culverts, erosion control, and artificial accretion | Training(a)of intermittent watercourses,(b)of watercourses that are less than 5 m wide at the ordinary high water mark at the point of training,(c)involving infilling of a watercourse with no inflow or outflow and with a surface area of less than 0.5 ha, or(d)involving removal or placement of less than 100 m3 of material, where cross-sectional area not significantly changed at point of removal or placement | All other watercourse training | None(3) Flood Control | Construction of a temporary structure | Construction of a permanent in-stream structure | None(4) Diversions | Diversion of a watercourse that is less than 2 metres wide at ordinary high water mark at point of diversion | All other diversions | None(5) Alteration of flow or storage by means of dams or dikes | Off-stream storage of a quantity less than or equal to 2 500 m3 | Off-stream storage of a quantity of water greater than 2 500 m3 and less than 60 000 m3 or instream storage of a quantity of water less than 60 000 m3 | All other alterations of flow or storage3 | Deposit of waste | Any deposit of waste where there is no direct or indirect deposit to surface water | All other deposits of waste | None

Related provisions

— 2014, c. 2, s. 252The provisions of the Northwest Territories Waters Regulations, that are made under the Northwest Territories Waters Act, chapter 39 of the Statutes of Canada, 1992, that are in force immediately before the day on which section 182 comes into force, are deemed, as of that day, to have been made under the other Act and shall remain in force, to the extent that they are not inconsistent with the other Act, as it reads on that day, until they are repealed or replaced.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.