Procedures
Water Licensing Application Process (Type A & B) | Application Phase | Public Comment Phase | Board Review Phase | Decision | YESAA and Water Use Licensing
Water Licensing Application Process (Type A & B)
The Water Board is a public office committed to transparency in all its processes. The processes followed for a minor amendment or a very large new project are very similar in nature, and only deviate if there is a requirement or determination to hold a public hearing. The following descriptions represent the steps involved from processing an application to the issuance of the Water Board’s decision.
The water use licensing process can be divided into four main phases:
1. Application phase;
2. Public comment phase;
3. Board review phase; and
4. Decision
1. APPLICATION PHASE
Once an application is received by the Yukon Water Board Secretariat, a public register and file are created. The assigned Licensing Officer reviews the application to confirm that:
a) the application includes the information required by:
I. section 5 of the Waters Regulation,
II. the Board’s guidelines (if available),
III. information sheets,
IV. DFO worksheets (for placer undertakings)
as well as, any other information required by the Board;
b) all required plans and designs have been submitted with the application, to the level of detail required by the Board;
c) the application, as submitted, does not contravene the Waters Act or its Regulation;
d) the information submitted is clear and understandable so that the public can decide whether or not to make recommendations to the Board;
e) the project described in the water use application does not conflict with the conditions of the Yukon Environmental and Socio economic Assessment Act (YESAA) Decision Document (if already issued at the time of application).
Where it appears that an authorization is required under other legislation, such as the Fisheries Act, the Applicant will be advised to seek advice from the appropriate government agency for permitting or authorization requirements.
The level of detail and required information may differ depending on the type of licence and undertaking that you are applying for. The Secretariat will assist in determining the type of undertaking (placer, agricultural, etc.).
Type A or Type B?
There are two types of Water Use Licences, type A and type B, depending on the amount of water use per day applied for, whether you will be depositing a waste or other types of activities involving water use or changes to the watercourse. These triggers are identified in the Waters Regulation under each schedule and Inspectors at Water Resources will be available to assist in its clarification and interpretation.
2. PUBLIC COMMENT PHASE (Yukon Water Board Process)
Upon receipt of all the required information, the water use application is deemed complete. Notice of the public comment period is advertised in two local newspapers and on the Water Board’s website. Notification of the public comment period is sent to
the Applicant, the Applicant’s agent, government departments (both territorial & federal), non-government organizations/councils, First Nations and any other known interested parties.
All comments received by the Board on specific applications are considered to be interventions, whether they are positive, negative or neutral. All interveners will be added
to the distribution list and will continue to receive information on the application until the Board makes its final decision, according to the Board's Rules of Procedure.
3. BOARD REVIEW PHASE
Once the deadline for comments has passed, the manner in which the Board will deliberate varies depending on the licence type (type A or B).
4. DECISION
Regardless of the forum in which the Board deliberates, once the Board has made its decision, the Applicant and interveners will be sent copies of the water use licence (if granted), and reasons for decision. The licences and reasons for decision will be made available on the Water Board website, or by contacting the Water Board Secretariat.
If you have any questions with respect to the Board’s process for processing water use licence applications, please feel free to contact the Water Board Secretariat at (867) 456-3980, or by email at ywb@yukonwaterboard.ca
YESAA and WATER USE LICENSING
Prior to a water licence application proceeding to public notice, in general, the project must undergo an environmental and socio-economic assessment under the Yukon Environmental and Socio-ecomic Assessment Act (YESAA).
Upon completion of the assessment, the Decision Body will issue a Decision Document. Once a Decision Document has been issued under YESAA, the Applicant must review the conditions and provide confirmation to the Water Board that the Water Use Application conforms to the project proposed and assessed by YESAA and incorporates any required changes that have arisen during that process. This is done by filling out and submitting a Project Confirmation Form to the Water Board. Alternatively, if it has changed, the Applicant is responsible for identifying those changes.
More information about the YESAA process is available on the YESAB Board website: www.yesab.ca