FAQ

The Yukon Water Board website provides a broad range of information about the licensing processapplying for a water licence, accessing information on the Public Register and understanding the acts, regulations and agreements and rules and operational guidelines that guide the water licensing process. You may also contact the Secretariat for help.   

 

To learn more about submitting your proposed project for environmental and socio-economic assessment, please visit the Yukon Environmental and Socio-economic Assessment Board website.   

You are not required to have an agent. Application packages and forms are intended to be user friendly but if you encounter problems, a Licensing Officer can assist you. 

 

We welcome suggestions on how our forms can be improved; contact the Secretariat if you have feedback. 

The Yukon Water Board can’t issue a water licence without a YESAA decision document, or issue licence conditions that are contrary to the terms of the decision document. Therefore, decision documents must be submitted with all new water licence applications, and for most applications for amendment or renewal of existing water licences.

 

When a new decision document may not be needed

Some applications for amendment or renewal may not require a new decision document if the proposed activities are within the scope of the decision document that informed the existing licence, for example:

  • The decision document that informed the existing licence does not have a limiting temporal scope.
  • There are no new or changes in the YESAA assessable activities.
  • The footprint of the project remains unchanged.

 

An application for the assignment of an existing licence does not require a new decision document. 

 

The Board may amend a licence on an emergency basis without a decision document if the activity is in response to an emergency as outlined in section 49 of the Yukon Environmental and Socio-Economic Assessment Act (YESAA).

 

What is a decision document? A decision document is issued by a decision body defined by the Yukon Environmental and Socio-Economic Assessment Act (YESAA). The decision body considers the evaluation or screening report and recommendation provided by YESAB, and indicates in the decision document if the recommendations are accepted, varied or rejected. 

Legislation, policies, best management practices and the information needs of the regulator may change over time. When a new application is submitted for the renewal of a water licence, it allows the Board opportunity to revisit the proposed undertaking in its entirety, with a current lens. 

 

Submitting a new application for the renewal of your water licence also provides you with an opportunity to propose changes where the original project plan may no longer reflect how you intend to carry out activities. 

 

If your previous application may be of help when completing your new application, you may reference it on Waterline. 

Amendments to a licence generally take the same amount of time as a new licence application because the notice of application required by legislation is the same for both a new licence and an amendment.  

 

Learn more about the factors that affect processing times of water licence applications and how to help reduce delays. You may also make an appointment with a Licensing Officer to ensure that we have all the required information in your application.

The Water Board has developed its own guidelines and endorses several other guidance documents to assist applicants in planning, designing, operating and closing projects. Relevant information provided in accordance with guidelines will help the Board and third parties efficiently review applications.

 

It is the Board’s view that not all information in guidelines will apply in every case, given that each project is unique and may vary significantly. If an applicant chooses to not follow the guidelines, they must provide a rationale for using an alternate approach. Using alternate approaches could lengthen the licensing process.

 

During deliberations, the Board may deviate from or supplement the criteria identified in guidelines and may consider more, or less, stringent criteria based on rationale derived from evidence in the application or in interventions.  

You will receive notification regarding the status of your water licence application at the email listed in your Waterline account. You can also check your application and licence, if issued, directly on Waterline. A printed copy of your water licence is available upon request, please contact the Secretariat.  

Applicants, licensees or prospective assignees of water licences may be required to provide financial security under the Waters Act.   

 

Applicants of water licences for quartz mining undertakings must include a liability estimate as per the Reclamation and Closure Planning for Quartz Mining Projects – Plan requirements and closure costing guidance.   

 

Applicants, licensees and prospective assignees of all other undertakings will receive written notice if the Board chooses to examine the requirement for security in their application or licence. The Board would then require a cost estimate of reclamation or closure of the undertaking. 

 

See Part 21 of the Board’s Rules of Procedure (2021), section 15 of the Waters Act and section 11 of the Waters Regulation for more information on the security determination process.  

If the Board, with the consent of the Minister, declares an amendment to be required on an emergency basis, the Board may prioritise the licence proceeding and request information from the applicant.  

 

Under the Waters Act, notice of application and public hearings are not required for amendments on an emergency basis but may be ordered by the Board.  

 

The Board’s responsibilities in the Yukon First Nation Final Agreements and consideration of Indigenous Rights do not change in emergency circumstances. 

Every decision of the Board is final. Decisions are open to appeal to the Supreme Court of the Yukon.

The Yukon Water Board cannot determine if an application will need a Fisheries Act authorization. You should contact Fisheries and Oceans Canada early in the application process to confirm requirements.

If you are selling or leasing your claim(s) you can also transfer (assign) your water use licence to the new owner. Both the present licencee and the purchaser are required to sign declarations in the assignment application; this confirms that both parties agree on the transfer of the water licence.

The Board’s delegated authority as the Chief of Placer Land Use allows it to process applications for new, amended and renewed Class 4 placer land use operating plan approvals, determine security and authorize assignments. 

 

You may contact the Secretariat for information regarding application(s) for Class 4 placer mining land use approvals. 

 

For information on all other mining land use, contact Yukon Government, Mineral Resources Branch.

The Waters Act and Yukon First Nation Final Agreements (YFNFA) recognize that granting a licence to use water may adversely affect others; the Board is required to ensure compensation is addressed. 

 

Any person who wishes to make a claim for compensation must do so according to the Board’s Compensation Guidelines. You can refer to these guidelines in the Operations and Administration Manual (Part 6, C.3).  

Comments on water licence applications (interventions) may be submitted to the Board in response to a notice of application – during a public comment period. They may also be submitted in response to a notice of public hearing. During a public hearing, registered interveners are offered opportunity to participate in the hearing and present orally. 

 

See section 3.7 of the Board’s Operations and Administration Manual and Part 11 of the Rules of Procedure (2021) for more information on the intervention process.  

For more information or if you have any questions, please contact the Yukon Water Board