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Setting the stage for development

New legislation paves the way for the future

Kerry McCluskey
Northern News Services

Iqaluit (June 17/02) - Finally, the Nunavut Water Board has some teeth.

Mandated by the Nunavut Land Claims Agreement to regulate fresh-water resources and water use in Nunavut, the board was formed in 1996.

It's been operational since then, but until the Nunavut Waters and Surface Rights Tribunal Act received royal assent this spring, members had no legal framework governing their powers and responsibilities.

While the Department of Indian Affairs and Northern Development will continue to act as the enforcement body on water issues, the legislation clearly sets out the board's authority over water use and the issuing of licences.

It also helps communities better understand the application process for renewing their water licences.

Stephen Traynor, the director of operations for the Department of Indian Affairs in Nunavut, welcomed the move.

"It's a very positive move for Nunavut. It provides greater certainty in terms of the water management regime within its place in the land claims," said Traynor.

"It's another piece in our legislative tool kit to govern activities in the North.

It makes sure everyone is aware of what they have to do."

However, because the regulations that came into effect are modelled after the NWT Water Act, the next year will be spent fine-tuning them for Nunavut. Traynor said that should be complete by next April.

As for the Surface Rights Tribunal, Traynor said the rarely used entity acts as a mediation mechanism for parties that can't agree on Inuit-owned land use issues.

"If a developer or government needs access to granular material on Inuit-owned lands and Inuit don't want to provide it, they can then go to the arbitration board and deal with the issue," explained Traynor.

Similar legislation to govern other institutions struck under the land claim -- including the Nunavut Planning Commission and the Nunavut Impact Review Board -- is also being considered under a Nunavut Resource Management Act.

The goal, Traynor said, is to make future economic development in Nunavut's easier to manage.

The minister, he added, "wants to make sure the ground is set so there can be a positive effect and not be out there without the rules being clarified in law," said Traynor.