Centre for Alternative Wastewater Treatment

2.2 REGIONAL PERSPECTIVE ON THE STRATEGY

Nunavummiut—Inuit of Nunavut—are very concerned about protecting the ecological integrity of the Arctic landscape. This concern extends to the impacts of sewage effluent on land, waters and animals.

Most Nunavut communities obtain municipal drinking water from surface sources, and many Nunavummiut continue to obtain raw drinking water from lakes and creeks in the summer and melt ice and snow in the winter (Nickels et al., 2006). In 2001, 21% of Inuit adults felt that there were times of the year when the water in the community was contaminated (ITK 2007). Also, the majority of Nunavummiut continue to harvest animals and fish from the land (termed country food). Some residents of Arviat have suggested that local pollution, such as dumping garbage on the ice and allowing sewage effluent from lagoons and treatment to seep into the ocean, has led to declining numbers of fish and sea mammals (Tyrell, 2006, p. 377).

Clearly, the protection of surface and marine waters in Nunavut from pollution is of importance to the residents of Nunavut. However, when considered in the greater context of environmental and health concerns and infrastructure needs in Nunavut, municipal wastewater management is not a top priority. Nonetheless, for the principle goals of the CCME Canada-wide Strategy for the Management of Municipal Wastewater Effluent (hereafter the Strategy) to be achievable in Nunavut, it is essential that the particular social, environmental, economic and political context of the region be taken into account. The financial and human resource capacity limitations in each municipality and in the territorial government mean that implementation of Strategy, according to the current timelines and objectives, is unrealistic.

An effective wastewater management strategy for Nunavut must be grounded in the realities of Northern life, developed in partnership with Northerners—particularly Inuit—and stewardship-based as opposed to punitive. While regulations need to be based on environmental and health risks, it must also be recognized that the primary obstacle facing Northern communities attempting to achieve goals such as those outlined in the Strategy relate to levels of funding and community capacity. Abiding by regulations depends on adequate funding and realistic timelines; while the Strategy acknowledges this, it is particularly critical for Inuit regions, where the challenges related to effective wastewater management are greater than, or at least substantially different from, those experienced in southern Canada. In short, for a wastewater management strategy to be successful in Nunavut, the entire strategy must be Northern-specific—that is, it must be informed by the social, environmental, and economic conditions in the North.

3 Regional context

3.1 REGULATORY CONTEXT OF REGION

TABLE 1. Legislation Relevant to Municipal Wastewater Treatment in Nunavut
Level of Government	Legislation	Summary
Government of Canada	Nunavut Land Claims Agreement Act	The Result of decades of negotiations, this Act established the Nunavut Land Claims Agreement (NLCA) Provides for the establishment of the Nunavut Water Board (NWB), and mandates that all water use or disposal of waste into water must be approved and licensed by the NWB, except for domestic or emergency purposes Provides for the establishment of the Nunavut Impact Review Board (NIRB) to review the ecosystemic and socio-economic impact of proposed projects and make recommendations to the Minister of Indian Affairs and Northern Development (INAC) as to whether or not projects should proceed Given Royal Assent on June 10, 1993 Administered by INAC
	Nunavut Act	Establishes the Territory of Nunavut and its geographical boundaries Establishes the Government of Nunavut, and grants it legislative and judicial powers Establishes the laws of the Northwest Territories as the laws of Nunavut, “to the extent that they can apply in relation to Nunavut, with any modifications that the circumstances require” Given Royal Assent on June 10, 1993 Administered by INAC
	Nunavut Waters and Nunavut Surface Rights Tribunal Act (NWNSRTA)	An Act respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal Gives effect to the provisions of the NLCA relating to the management of waters in Nunavut, and to the creation of a Surface Rights Tribunal Establishes the Nunavut Water Board (NWB) and gives it full licensing powers (though not enforcement powers) Provides that regulations made pursuant to the Northwest Territories Waters Act will continue to apply in Nunavut until they are replaced or repealed under the NWNSRTA Only applies to inland waters Given Royal Assent April 30, 2002 Compliance and enforcement administered by INAC
	Fisheries Act	An Act respecting the management, protection and control of fisheries Regulates the conservation and protection of fish populations and fish habitats from pollution and other negative effects Regulates and/or prohibits the deposition of deleterious substances into fish-bearing waters, or watercourses that may eventually enter fish-bearing waters Administered by the Department of Fisheries and Oceans and Environment Canada
	Canada Water Act	An Act respecting the management of Canadian water resources Regulates the development, utilization, and conservation of these resources Administered by Environment Canada
	Canadian Environmental Protection Act (CEPA)	An Act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development Governs the release of toxic substances into the environment, and enables regulations to control or eliminate use of these substances Administered by Environment Canada
	Canadian Environmental Assessment Act (CEAA)	An Act mandating that federal departments, agencies and crown corporations must conduct environmental assessments for proposed projects where the federal government is the proponent or where the project involves federal funding, permit, or licence Administered by Environment Canada
	Arctic Waters Pollution Prevention Act	An Act respecting the prevention of pollution of waters adjacent to the mainland and islands of the Canadian Arctic Governs the disposal of waste onshore and at sea in arctic waters Administered by INAC, Transport Canada, and Natural Resources Canada
Government of Nunavut	Environmental Protection Act (EPA)	An Act respecting the protection of the environment, which includes water Regulates the discharge of contaminants into the environment This Act is binding on the Government of Nunavut Administered by the Department of Environment (DOE)
	Environmental Rights Act (ERA)	Guarantees the right of individuals to the protection of the environment Provides for mandatory reporting of environmental contamination Provides for mandatory inspection where there is suspicion by any two adult members of the public that environmental contamination has taken place in contravention of relevant legislation, including the EPA and the PHA Administered by DOE
	Public Health Act (PHA)	An Act respecting the promotion and protection of public health and safety Provides for the establishment of regulations around the construction, maintenance and operation of wastewater systems The following regulations relating to water management are provided for under the Public Health Act: General Sanitation Regulations Public Sewerage Systems Regulations Administered by the Department of Health & Social Services
	Hamlets Act	Sets provision for developing municipal by-laws in respect of sewage and drainage systems Administered by the Department of Community and Government Services (CGS)
	Cities, Towns and Villages Act	Sets provisions for developing municipal by-laws in respect of sewage or drainage systems Administered by CGS
	Planning Act	Gives municipal councils the authority to determine how municipalities may be organized and developed Administered by CGS
Municipalities	By-laws under the Hamlets Act and the Cities, Towns and Villages Act	Individual municipalities have the authority to make by-laws relating to wastewater systems

3.1.1 Brief summary of relevant wastewater legislation

The Territory and Government of Nunavut were established under the Nunavut Act, in accordance with the Nunavut Land Claims Agreement Act (NLCA), which were both given Royal Assent on June 10, 1993. Implementation of the NLCA is an ongoing process: though the Agreement was put into force in 1993, Nunavut itself was not established as a territory until 1999, and many of the provision of the NLCA are still being implemented. Full implementation of the NLCA is projected for 2009, at which point the Government of Nunavut will be fully established (Nunavut Planning Commission, 2007).

The Nunavut Land Claims Agreement Act is the single most significant piece of legislation affecting wastewater management in Nunavut. Under the NLCA, the Inuit of Nunavut are granted title to approximately 350,000 square kilometres of land, of which 32,250 square kilometres include mineral rights. The NLCA provides a detailed self-governance model for the nascent Territory, which includes the establishment of multiple bodies mandated to encourage environmental protection while fostering social and economic development and protecting traditional Inuit ways of life. Many of these bodies have jurisdiction over water resources, including the Nunavut Water Board (NWB), the Nunavut Planning Commission (NPC), and the Nunavut Impact Review Board (NIRB). Under the NLCA, Inuit are guaranteed equal representation with government on these new resource, wildlife and environmental management boards (NWB, NPC, NIRB, and the Nunavut Wildlife Management Board (NWMB)).

An extremely important aspect of the NLCA is that it functions to incorporate Inuit Qaujimajatuqangit (IQ)—Inuit traditional worldview, values, knowledge, and practices—into policy decisions.
The Nunavut Waters and Surface Rights Tribunal Act (NWSRTA) gives effect to provisions of the NLCA relating to water management. The NWSRTA governs the use of inland waters, disposal of waste into such waters, and physical alterations to inland water bodies. In order to conduct any of these activities, it is generally necessary to obtain a Water License. The Nunavut Water Board was established under the NWSRTA as a licensing body, governed by the NLCA and the Canadian Environmental Assessment Act (CEAA).

Currently there is no federal legislation pertaining directly to the discharge of municipal wastewater effluent. However, the discharge of municipal wastewater effluent in Nunavut falls under the jurisdiction of several pieces of federal legislation, variously administered by multiple federal government departments, particularly Indian and Northern Affairs Canada (INAC), Environment Canada (EC), and Fisheries and Oceans Canada (DFO).

With the signing of the Nunavut Act in 1993, the laws and regulations of the Northwest Territories in effect at that time became the initial laws of Nunavut. With respect to water, Section 173 of the Nunavut Waters and Surface Rights Tribunal Act specifically provides that regulations made pursuant to the Northwest Territories Waters Act (NWTA) will continue to apply in Nunavut until they are replaced or repealed. In 2002, section 5 of the NWTA, which permits some water use and waste deposit activities without a license, was deemed to be inconsistent with section 13.7.1 of the NLCA, which states that, with the exception of domestic or emergency use, all water use or deposit of waste into water must be licensed, and was thus repealed. In other words, the vast majority of water use in Nunavut must now be licensed through the Nunavut Water Board, with very few exceptions.

The Nunavut Water Board (NWB, the “Board”) was established under the Nunavut Waters and Nunavut Surface Rights Tribunal Act (NWNSRTA) pursuant to Article 13 of the Nunavut Land Claims Agreement (NLCA).