Mackenzie Valley Resource Management Act (S.C. 1998, c. 25)

Short Title

Marginal note:Short title

1 This Act may be cited as the Mackenzie Valley Resource Management Act.

Interpretation

Marginal note:Definitions

2 The definitions in this section apply in this Act.

Déline Agreement

Déline Agreement means the Déline Final Self-Government Agreement among the Déline First Nation Band, the Déline Land Corporation, the Government of Canada and the Government of the Northwest Territories, signed on February 18, 2015, including any amendments made to it, that is approved, given effect and declared valid by the Déline Final Self-Government Agreement Act. (accord de Deline)

Déline Got’ine Government

Déline Got’ine Government means the government established in accordance with chapter 3 of the Déline Agreement. (gouvernement Gotine de Deline)

Déline lands

Déline lands means the lands whose title is vested in the Déline Got’ine Government in accordance with 21.2.1 of the Déline Agreement. (terres de Deline)

Déline law

Déline law has the meaning assigned by the definition DGG Law in chapter 1 of the Déline Agreement. (loi de Deline)

deposit of waste

deposit of waste means a deposit of waste in any waters in the Mackenzie Valley or in any other place under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter any waters in the Mackenzie Valley. (dépôt de déchets)

environment

environment means the components of the Earth and includes

• (a) land, water and air, including all layers of the atmosphere;

• (b) all organic and inorganic matter and living organisms; and

• (c) the interacting natural systems that include components referred to in paragraphs (a) and (b). (environnement)

federal Minister

federal Minister means the Minister of Northern Affairs. (ministre fédéral)

first nation

first nation means the Gwich’in First Nation, the Sahtu First Nation or bodies representing other Dene or Metis of the North Slave, South Slave or Deh Cho region of the Mackenzie Valley, but does not include the Tlicho First Nation or the Tlicho Government. (première nation)

Gwich’in Agreement

Gwich’in Agreement means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in as represented by the Gwich’in Tribal Council, signed on April 22, 1992 and approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act, as that Agreement is amended from time to time in accordance with its provisions. (accord gwich’in)

Gwich’in First Nation

Gwich’in First Nation means the Gwich’in as represented by the Gwich’in Tribal Council referred to in the Gwich’in Agreement or by any successor to it. (première nation des Gwich’in)

harvesting

harvesting, in relation to wildlife, means hunting, trapping or fishing activities carried on in conformity with a land claim agreement or, in respect of persons and places not subject to a land claim agreement, carried on pursuant to aboriginal or treaty rights. (exploitation)

heritage resources

heritage resources means archaeological or historic sites, burial sites, artifacts and other objects of historical, cultural or religious significance, and historical or cultural records. (ressources patrimoniales)

land claim agreement

land claim agreement means the Gwich’in Agreement, the Sahtu Agreement or the Tlicho Agreement. (accord de revendication)

local government

local government means any local government established under the laws of the Northwest Territories, including a city, town, village, hamlet, charter community, settlement or government of a Tlicho community, whether incorporated or not, and includes the territorial government in the case where it is acting in the place of that local government in accordance with those laws. It also includes the Déline Got’ine Government in the case where it is exercising the jurisdiction and authority set out in 9.1 of the Déline Agreement. (administration locale)

Mackenzie Valley

Mackenzie Valley means that part of the Northwest Territories bounded on the south by the 60th parallel of latitude, on the west by Yukon, on the north by the Inuvialuit Settlement Region, as defined in the Agreement given effect by the Western Arctic (Inuvialuit) Claims Settlement Act , and on the east by the Nunavut Settlement Area, as defined in the Nunavut Land Claims Agreement Act , but does not include Wood Buffalo National Park of Canada. (vallée du Mackenzie)

Monfwi Gogha De Niitlee

Monfwi Gogha De Niitlee means the area described in part 1 of the appendix to chapter 1 of the Tlicho Agreement. (Monfwi gogha de niitlee)

Sahtu Agreement

Sahtu Agreement means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Sahtu Dene and Metis as represented by the Sahtu Tribal Council, signed on September 6, 1993 and approved, given effect and declared valid by the Sahtu Dene and Metis Land Claim Settlement Act, as that Agreement is amended from time to time in accordance with its provisions. (accord du Sahtu)

Sahtu First Nation

Sahtu First Nation means the Sahtu Dene and Metis as represented by The Sahtu Secretariat Incorporated, a corporation without share capital under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, being the successor, for the purposes of this Act, to the Sahtu Tribal Council referred to in the Sahtu Agreement, or by any successor to that corporation. It also includes the Déline Got’ine Government in the case where The Sahtu Secretariat Incorporated or its successor has made a delegation or assignment to that government of any powers and functions conferred under this Act. (première nation du Sahtu)

settlement area

settlement area means the area described in appendix A to the Gwich’in Agreement or in appendix A to the Sahtu Agreement. (région désignée)

settlement lands

settlement lands means lands referred to as settlement lands in the Gwich’in Agreement or the Sahtu Agreement. (terres désignées)

territorial government

territorial government means the government of the Northwest Territories. (gouvernement territorial)

territorial law

territorial law means any law of the Legislature of the Northwest Territories. (règle de droit territoriale)

territorial Minister

territorial Minister, in relation to any provision of this Act, means the minister of the territorial government designated by instrument of the Executive Council of the Northwest Territories for the purposes of that provision. (ministre territorial)

Tlicho Agreement

Tlicho Agreement means the Land Claims and Self-Government Agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, signed on August 25, 2003 and approved, given effect and declared valid by the Tlicho Land Claims and Self-Government Act, as that Agreement is amended from time to time in accordance with its provisions. (accord tlicho)

Tlicho citizen

Tlicho citizen means a person whose name is on the Register as defined in chapter 1 of the Tlicho Agreement. (citoyen tlicho)

Tlicho community

Tlicho community means a community for which a community government is established in accordance with chapter 8 of the Tlicho Agreement. (collectivité tlicho)

Tlicho First Nation

Tlicho First Nation means the aboriginal people of Canada to whom section 35 of the Constitution Act, 1982 applies, consisting of all Tlicho citizens. (première nation tlicho)

Tlicho Government

Tlicho Government means the government of the Tlicho First Nation established in accord­ance with chapter 7 of the Tlicho Agreement. (gouvernement tlicho)

Tlicho lands

Tlicho lands means Tlicho lands as defined in chapter 1 of the Tlicho Agreement. (terres tlichos)

Tlicho law

Tlicho law means a law enacted by the Tlicho Government. (loi tlicho)

Wekeezhii

Wekeezhii means the area described in part 2 of the appendix to chapter 1 of the Tlicho Agreement. (Wekeezhii)

Marginal note:Consultation

3 Wherever in this Act reference is made, in relation to any matter, to a power or duty to consult, that power or duty shall be exercised

• (a) by providing, to the party to be consulted,

  • (i) notice of the matter in sufficient form and detail to allow the party to prepare its views on the matter,

  • (ii) a reasonable period for the party to prepare those views, and

  • (iii) an opportunity to present those views to the party having the power or duty to consult; and

• (b) by considering, fully and impartially, any views so presented.

Marginal note:Delegation

• 4 (1) The federal Minister may delegate, in writing, any of his or her powers, duties or functions under this Act — either generally or as otherwise provided in the instrument of delegation — to the minister of the Northwest Territories designated by the Commissioner of the Northwest Territories for the purposes of this section.

• Marginal note:Included functions

  (2) The functions of the federal Minister referred to in subsection (1) include the power to delegate duties pursuant to section 122.

• Marginal note:Delegation to aboriginal organizations

  (3) A first nation may, in conformity with its land claim agreement, delegate any of the functions of the first nation under this Act to an aboriginal organization designated by it.

• Marginal note:Delegation by Tlicho Government

  (4) The Tlicho Government may, in conformity with the Tlicho Agreement, delegate any of its functions under this Act to

  • (a) a body or office established by a Tlicho law;

  • (b) any department, agency or office of the federal or the territorial government;

  • (c) a board or other public body established by or under an Act of Parliament or by a territorial law; or

  • (d) a local government.

• Marginal note:Delegation by Déline Got’ine Government

  (5) The Déline Got’ine Government may, in conformity with the Déline Agreement, delegate any of its functions under this Act to

  • (a) a body or office established by a Déline law;

  • (b) a department, agency or office of the federal or the territorial government;

  • (c) a board or other public body established by or under an Act of Parliament or by a territorial law; or

  • (d) any other entity.