Centre for Alternative Wastewater Treatment

3.2 ADMINISTRATIVE CONTEXT OF REGION

3.2.1 Federal

Indian and Northern Affairs Canada (INAC) is the primary representative of the Government of Canada in Nunavut, and administers activities on over 80% of land in Nunavut in which the surface and subsurface rights are held by the Crown. INAC has regulatory responsibilities for waters, and the Water Resources Division of the Nunavut Regional Office participates in this capacity in the environmental assessment and water licensing processes of the Nunavut Impact Review Board and the Nunavut Water Board, respectively. INAC also inspects water licenses for communities and industry, and ensures compliance (INAC, 2007).

Fisheries and Oceans Canada (DFO), through its Fish Habitat Management Program, reviews works and undertakings in or near water that may impact to fish habitat, and DFO Conservation and Protection staff monitors for compliance and enforces the fish habitat protection provisions of the Fisheries Act. Environment Canada also promotes compliance with the Fisheries Act, and ensures that the release of wastewater is in compliance with the Canadian Environmental Protection Act.

3.2.2 Nunavut Tunngavik Incorporated

Nunavut Tunngavik Incorporated (NTI) represents and safeguards the interests of the Inuit of Nunavut under the Nunavut Land Claims Agreement. NTI was formed in 1993 to replace the Tunngavik Federation of Nunavut. The organization is governed by a 10-member Board of Directors; the executive officers are elected directly by Inuit in Nunavut, and the remaining directors are made up of elected leaders of the regional Inuit organizations in Nunavut—the Kitikmeot Inuit Association, the Kivalliq Inuit Association and the Qikiqtani Inuit Association. The principle office for NTI is in Iqaluit, and other offices are in Rankin Inlet, Cambridge Bay and Ottawa (NTI, 2006a; Berger, 2006, p.9).
NTI manages all Inuit-Owned Lands in Nunavut. It also manages funds stemming from the settlement on behalf of the Inuit, including capital transfer payments of $1.148 billion payable over a 14-year period. These funds are held in trust on behalf of Inuit beneficiaries, to be used for programs that benefit Nunavummiut (Berger, 2006, p.9)
Together with the regional Inuit organizations, NTI fosters Inuit economic, social and cultural well-being through the implementation of the Agreement (Berger, 2006, p. ii). Its programs include support to Inuit development corporations and community economic development organizations, an Elders pension plan, a harvester support program, and a bereavement travel program (NTI, 2006a). Preserving and fostering the growth of Inuktitut use is a primary objective of NTI.
While NTI does not have jurisdiction for water on municipal lands, under the NCLA, NTI and the regional Inuit organizations have the exclusive right to use water flowing in, on, or through Inuit Owned Lands, as well as the right to have this water be substantially unaffected in quality, quantity and flow.
Additionally, the Land Administration, Planning and Management Division of NTI has been participating in the development of federal legislation to govern the Nunavut Planning Commission and the Nunavut Impact Review Board, which are involved in the water licensing process.

3.2.2.1 Regional Inuit Organizations

Nunavut has three regional Inuit organizations—the Kivalliq Inuit Association (KivIA), the Kitikmeot Inuit Association, (KitIA), and the Qikiqtani Inuit Association (QIA). These organizations are democratically constituted with accountability to Inuit communities and voters and carry out implementation responsibilities under the NLCA (Berger, 2006, p.9).

The associations have ownership and responsibility for administering surface lands in the region, and the responsibility to defend, promote and develop the social, cultural and economic interests of Inuit in the region.

3.2.3 Government of Nunavut

The Government of Nunavut (GN) came into existence on April 1, 1999. It is a public, non-ethnic form of self-government. Several departments have roles associated with municipal wastewater management.

3.2.3.1 Department of Community and Government Services

The Department of Community and Government Services (CGS) delivers programs and services that support Nunavut municipalities, including community development and training for municipal employees and programs and funding for capacity-building to enhance local service delivery. CGS has several divisions related to wastewater infrastructure and operations.

Firstly, the Capital Planning and Technical Services branch is responsible for providing comprehensive government asset life cycle management, including: planning and assisting clients and stakeholders with identifying their long-term capital requirements, developing suitable technical standards for infrastructure, design management services for government projects, as well as maintenance and management of the inventory of government-owned and leased facilities (GN 2007, p. J-5). The Community Development division offers initiatives that develop the capacity of communities to operate services. Finally, the Community Infrastructure division addresses the protection of public health as it relates to municipal infrastructure through the supply and treatment of potable water, the treatment and disposal of waste water, provision of infrastructure in support of fire protection, technical assistance in response to civil emergencies and provision of public buildings and mobile equipment to address all facets of municipal operations (CGS, 2007c).

CGS also has a regional office in each of the three regions of Nunavut (Qikiqtaaluk, Kitikmeot and Kivalliq), which offers assistance with technical aspects of community operations, support for hamlet-driven capital projects, and assistance with developing capacity.

CGS provides water and sewage subsidies to municipalities, based on a benchmark of efficiency, the subsidized volume (90 L/capita/day for trucked service and 225 L/capita/day for piped service), and a community uniqueness factor that accounts for particular conditions which may affect the efficient delivery of water and sewage services (CGS, 2004).

3.2.3.2 Department of Environment

The Department of Environment is mandated to protect land, air, water, parks and wildlife, in partnership with others and through avatimik kamattiarniq (environmental stewardship). The Department also promotes the sustainable use of renewable resources (GN, 2007a).

The Department houses an environmental protection program that provides and facilitates environmental protection and enforcement in all Nunavut communities, including environmental monitoring and ensuring legislative and regulatory compliance. The Environmental Assessment and Land Use program reviews environmental assessments of proposed developments, and provides input and direction into permit applications. This role includes reviewing water license applications (Department of Environment, 2006).

3.2.3.3 Department of Health and Social Services

The mission of the Department of Health and Social Services (HSS) is to promote, protect and enhance the health and well-being of all Nunavummiut, incorporating Inuit Qaujimajatuqangit at all levels of service delivery and design (GN, 2007a). Under the authority of the Minister, the Directorate provides leadership and direction to the department and monitors health and social service program delivery to the public, including health and disease surveillance (GN, 2007a).

HSS provides a broad range of services, include primary and acute health, child protection, family services, mental health, health promotion and protection, and injury prevention. HSS also has an environmental health program, under which it guides the regional health officers in the monitoring of drinking water supplies and developing and implementing programs to prevent disease caused by environmental factors, including sanitation. While the role of HSS is limited with regards to wastewater, it does carry out inspections of the facilities to ensure that they do not pose a health hazard.

3.2.4 Institutions of Public Government

The NLCA established institutions of public government, or co-management boards, responsible for resource, wildlife and environmental management of Nunavut, and mandated that these boards work in co-operation to achieve their mutually supporting goals on environmental and social sustainability.

3.2.4.1 Nunavut Water Board

The Nunavut Water Board (NWB) was established on July 9, 1996, and its powers were further defined with the adoption of the Nunavut Waters and Nunavut Surface Rights Tribunal Act (NWNSRTA) on April 30, 2002, pursuant to Article 13 of the Nunavut Land Claims Agreement (NLCA). The object of the Board, as stated in section 35 of the NWNSRTA, is “to provide for the conservation and utilization of waters in Nunavut, except in a national park, in a manner that will provide the optimum benefit from those waters for the residents of Nunavut in particular and Canadians in general.”

The NWB is a co-management body: in accordance with section 14 of the NWNSRTA, membership on the nine-member Board is divided equally between Inuit and government (both federal and territorial) representatives, with a Chairperson appointed on a consensus basis. In order to fulfill its mandate under the NLCA the Water Board works in close collaboration with other co-management bodies, particularly the Nunavut Impact Review Board and the Nunavut Planning Commission.

The Water Board is primarily responsible for the licensing of inland water use in Nunavut – lakes, rivers, wetlands, ground water, etc. – and does not manage marine areas. However, the NWB has some input into the regulation of marine areas, as a member of the Nunavut Marine Council, along with the Nunavut Impact Review Board, the Nunavut Planning Commission and the Nunavut Wildlife Management Board (NWB, 2007a).

Depending on the particular circumstances surrounding an application, the NWB has the power to issue, amend, renew or cancel a license for inland water use with or without a public hearing. However, if a license is issued following a public hearing it must be approved by the Minister of the Department of Indian Affairs and Northern Development (INAC). Also, the NWB is to give due regard and weight to Inuit culture, customs and knowledge during public hearings.

Under section 20.2.4, it is to ensure that Inuit Owned Lands are not substantially affected by the licensed activities. Section 20.3.2 provides a provision for compensation to the appropriate Inuit association in case of water degradation or loss on Inuit Owned Lands.

While the Board has full licensing powers, it is not responsible for legislative enforcement. Once the NWB issues a license its jurisdiction ceases. Compliance and enforcement of water licenses and provisions of the NWNSRTA , along with federal water legislations, fall under the jurisdiction of INAC, which appoints Inspectors for the purposes of enforcement (NWB, 2007b). Also, although water use and waste disposal into water requires NWB approval, the NWB does not have the capacity to monitor and enforce this clause (PricewaterhouseCoopers, 2006, p. 104).

Fig. 1 Nunavut Water Board License Process (Nunavut Water Board, 2007)

, 2005)

3.2.4.2 Nunavut Surface Rights Tribunal

The Nunavut Surface Rights Tribunal was established under the land and resources management regime of the NCLA, and its powers were officially delineated in 2002 through the Nunavut Waters and Nunavut Surface Rights Tribunal Act (NWNSRTA). The Tribunal is a quasi-judicial body that arbitrates disputes over access to lands and land compensation claims in the Nunavut Settlement Area. The jurisdiction of the Tribunal includes compensation for damage to wildlife harvesting opportunities due to any development activity, including activities carried out by municipal, territorial, and federal governments or industry (Nunavut Surface Rights Tribunal, 2007).

3.2.4.3 Nunavut Impact Review Board

The Nunavut Impact Review Board (NIRB) was established under article 12 of the NLCA. NIRB screens project proposals to determine the potential impacts that they may have on the Nunavut Settlement Area (NSA), and conducts environmental and socio-economic assessments when appropriate, and monitors projects. NIRB’s authority applies to both land and marine areas within the NSA and to the Outer Land Fast Ice Zone (NIRB, 2007). NIRB is required to consider the well-being of residents of Canada outside the NSA.

As per the NCLA, the Nunavut Planning Commission forwards project proposals to NIRB for screening after it has approved them. It also coordinates its work with the NWB if a water application is referred for a review, to avoid unnecessary duplication of efforts.

Legislation has yet to be enacted for the NIRB, which has been identified as a significant gap in the implementation of the NLCA. It is estimated that a bill will be introduced in 2008 at the earliest (PricewaterhouseCoopers, 2006, p. 89).

3.2.4.4 Nunavut Planning Commission

The Nunavut Planning Commission (NPC) was established under article 11 of the NLCA and is responsible for land use planning in Nunavut, including water, wildlife, and offshore areas, as well as various aspects of environmental reporting and monitoring. The NPC develops land use plans and policies to guide resource use and development within the NSA, so as to protect the present and future well-being of Nunavut residents (NPC, 2007).

In accordance with the NWNSRTA, the NPC receives recommendations from the NWB, and the NWB is to coordinate its consideration of projects with NPC’s review of projects.

As discussed in the Second Independent Five Year Review of the Implementation of the NLCA, there continues to be an absence of legislation governing the NPC, creating perceptions of uncertainty with regard to final decisions pertaining to resource management in Nunavut. Also, to date only two of six land use plans have been completed, primarily attributed to a lack of capacity and adequate financial support. Similar capacity issues affect the ability of GN and NTI to respond to draft plans (PricewaterhouseCoopers, 2006, p. 79).

3.2.5 Municipal

Municipal corporations in Nunavut exercise full authority and responsibility for the delivery of water and sewage services in their communities, and are accountable to residents of the municipality for the quality and cost of water and sewage services. Under the Hamlets Act or the Cities, Towns and Villages Act, a municipality can enact a by-law setting out the economic rates for different categories of users. According to the CGS Water and Sewage Subsidy Policy, basic water and sewage services should be affordable, unique local conditions should be recognized in the cost of services, and water should be used conservatively. Municipalities are also responsible for their own land use planning.