Licences
The Yukon Water Board administers water licensing for use of water and deposit of waste for various activities. The Board keeps licences and related documents in the public register and on Waterline.
The Yukon Water Board Secretariat accepts applications for:
- new licences;
- amendments to existing licences;
- assignment of licences;
- renewal of licences; and
- cancellations.
The Secretariat also accepts applications to approve, amend or assign a Class 4 placer land use operating plan.
Water licences
The Yukon Water Board administers water licenses for use of water and deposit of waste for various activities (undertakings) in the Yukon.
The Yukon Water Board accepts applications for:
(click on the type of application below for more information)
A new water licence application would not affect or apply to any existing water licence.
An amendment to an existing licence authorizes changes to the operations within the remaining term of the licence. Existing licences may be found on Waterline.
An application for amendment to a licence is not an opportunity to revisit Board decisions during previous licence proceedings.
An application for an amendment of a water licence on an emergency basis may be considered if the circumstances meet the definition of emergency outlined in the Board’s 2021 Rules of Procedure:
- an "emergency" means a sudden, unexpected situation requiring immediate action in which there is a probability of adverse environmental or social impact.
An assignment of a water licence transfers ownership of an existing water licence from one owner to another. Upon transfer, the new owner assumes full responsibility of the terms and conditions of the water licence.
An application for an assignment of a licence does not require a new Yukon Environmental and Socio-economic Assessment Act (YESAA) assessment and decision document.
Applications for assignment are not an opportunity to make amendments to the licence.
A renewal of an existing water licence requires the submission of a complete new application.
A YESAA decision document reflecting the proposed activity is required for applications for renewal of water licences.
A licence renewed prior to the expiry date of the existing licence is be deemed to be a continuation of water rights.
Water licence cancellations may be initiated by the licensee or the Board. The Board may cancel licences if the licencee fails to exercise their rights under the licence for three consecutive years or if it is in the public interest.
The water licensing process
The licensing process begins when a complete application is submitted for a new water licence or for renewing, amending, cancelling or assigning an existing licence. The process involves four stages:
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After the Secretariat receives a complete application, the adequacy review phase begins.
In the adequacy review phase, the Secretariat reviews the application for:
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completeness;
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compliance with previous licence conditions and inspector directions;
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clarity and accuracy; and
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payment of application fee, current and any other outstanding water use fees.
The Secretariat may ask an applicant for additional information, clarification or details about the application in accordance with the Rules of Procedure.For quartz undertakings, the adequacy review period consists of the administrative and technical reviews detailed in Part B of the Waters Regulation.
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Public comment period
The public comment phase starts once the Secretariat deems the application adequate and public notification of the application begins.
The public comment period is a minimum of 10 days. The applicant or an intervener may request an extension to the advertised deadline during the public comment period by contacting the Secretariat.
Members of the public are encouraged to submit public comments (interventions). Interventions inform the Board's decision-making by introducing new facts, providing expert opinions, highlighting local or traditional knowledge or presenting alternative viewpoints.
A public hearing may also be requested during the public comment period by the applicant or an intervener.
Public hearings
The Board may hold a public hearing for any issue related to its responsibilities, where it is in the public interest. During public hearings, the Board has all the powers as a Board under the Public Inquiries Act.
The Board must hold public hearings for:
- issuance or renewal of a new Type A licences;
- amendment of Type A licences, where the use, flow or quality of waters or the term of the licence would be altered;
- cancellation of Type A licences;
- cancellation of Type B licences; or
- request for permission to enter, use or occupy lands.
The Board is not required to hold public hearings for:
- 60-day licence renewals; or
- Type A licence amendments on an emergency basis, with the consent of the Minister.
A public hearing may be cancelled if:
- the applicant advises the Board that a public hearing is not required; or
- no notices of intention to participate at the public hearing are received at least ten days prior to the scheduled hearing.
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Board review
Following the completion of the public comment period, the application and interventions are presented to the Board as evidence. The Board considers all evidence along with its legislated responsibilities when decision-making.
The principle of deliberative secrecy applies during licence proceedings - the Board's discussion is confidential. The Board and Secretariat are unable to provide information about deliberations.
Licensing decisions
The Board has the authority to issue water licences, deny an application, cancel or assign a licence and issue orders. For each decision, the Board provides Reasons for Decision which explain what evidence was considered and why it made its decision.
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Water licensing
When a water licence is issued, the applicant is authorized to begin work on their project during the term specified. A licensee must carry out the activities as described in the application and as authorized by their licence. Licensees are responsible for understanding their licence application and its conditions.
Reporting
The licence then moves into the "reporting" period where licensees must report based on the conditions of their licence. Licensees can submit reports on Waterline to fulfill their licence’s reporting requirements.
Water-use fees
Licensees will receive an annual invoice for their water-use fee with payment options. You can pay your fees to the Yukon Water Board Secretariat in person or by phone.
The criteria for calculating water use fees is set out in section 8 of the Waters Regulation for agricultural, industrial, quartz mining, miscellaneous, placer mining and power undertakings. The maximum water use in an application is the basis for calculating the water use fee.
The time required to process water licence applications can vary due to several factors including the type and complexity of the project, completeness of the application, interventions submitted, and requests for extensions, public hearing and compensation.
All evidence presented in the licencing process, licences and related documents are kept in the public register and on Waterline.
The licensing process is set out in the Waters Act and Waters Regulation as well as in the Board’s Operation and Administration Manual.
Information for licensees
Licence terms and conditions
Licensees are responsible for understanding their licence application and its conditions. Licenses and the Reasons for Decision can be found on Waterline. A licensee must carry out their activities as described in the application and as authorized by their licence.
Reports
Licensees can submit reports on Waterline to fulfill their licence’s reporting requirements.
Fees
Licensees receive an annual invoice for their water-use fee with payment options. You can pay your fees to the Yukon Water Board Secretariat in person or by phone.
