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

Sahtu Land Use Planning Board

Marginal note:Board established

• 38 (1) There is hereby established, in respect of the settlement area referred to in the Sahtu Agreement, a board to be known as the Sahtu Land Use Planning Board.

• Marginal note:Membership

  (2) The Board shall consist of five members including, apart from the chairperson, two members appointed on the nomination of the Sahtu First Nation and one member appointed on the nomination of the territorial Minister.

• Marginal note:Quorum

  (3) A quorum of the Board consists of three members, including one of the members appointed on the nomination of the Sahtu First Nation and one of the members not so appointed other than the chairperson.

Marginal note:Main office

39 The main office of the Board shall be located in the settlement area referred to in the Sahtu Agreement.

Land Use Planning

Marginal note:Objectives and other factors

40 The planning board for a settlement area shall, after consultation with the federal Minister, the territorial Minister and the first nation of the settlement area, determine the objectives to be considered and the other factors to be taken into account in the preparation of a land use plan for the settlement area.

Marginal note:Preparation of land use plan

• 41 (1) A planning board shall prepare and adopt a land use plan for submission and approval under section 43.

• Marginal note:Purpose of land use plan

  (2) A land use plan shall provide for the conservation, development and use of land, waters and other resources in a settlement area.

• Marginal note:Contents of land use plan

  (3) A land use plan may include

  • (a) maps, diagrams and other graphic materials;

  • (b) written statements, policies, guidelines and forecasts;

  • (c) descriptions of permitted and prohibited uses of land, waters and resources;

  • (d) authority for the planning board to make exceptions to the plan and the manner of exercising that authority; and

  • (e) any other information that the planning board considers appropriate.

• Marginal note:Settlement lands

  (4) A planning board shall take into consideration a land use plan proposed by the first nation for its settlement lands in the settlement area, and may incorporate that plan into the land use plan for the settlement area.

Marginal note:Public notice

• 42 (1) A planning board shall publish in the settlement area and in adjoining settlement areas in the Mackenzie Valley a notice inviting interested persons to examine at specified times and places a draft of the land use plan prepared by it.

• Marginal note:Public hearings

  (2) A planning board may hold public hearings in relation to a proposed land use plan after publishing in the settlement area and in adjoining settlement areas in the Mackenzie Valley a notice specifying the times and places of the hearings and the procedure to be followed.

Marginal note:Submission to first nation and Ministers

• 43 (1) Following the adoption of a land use plan, the planning board shall submit it to the first nation of the settlement area, the territorial Minister and the federal Minister.

• Marginal note:Approval by first nation

  (2) Where a first nation approves a land use plan, it shall notify the federal Minister and the territorial Minister in writing of the approval.

• Marginal note:Territorial approval

  (3) On being notified pursuant to subsection (2), the territorial Minister may approve the land use plan, and in that case shall notify the first nation and the federal Minister in writing.

• Marginal note:Federal approval

  (4) On being notified under subsections (2) and (3), the federal Minister may approve the land use plan, which takes effect on the date of its approval by the federal Minister.

• Marginal note:Objections to plan

  (5) Where a party to which a land use plan is submitted does not approve the plan, that party shall notify the other parties and the planning board, in writing, of the reasons for not approving the plan.

• Marginal note:Reconsideration of plan

  (6) After a planning board has considered any reasons provided to it under subsection (5) and made any modifications to the land use plan that it considers desirable, it shall submit the plan for approval as provided in subsection (1).

Marginal note:Functions after plan approval

44 Subsequent to the approval of a land use plan, a planning board shall

• (a) monitor the implementation of the plan; and

• (b) where so authorized by the plan, consider applications for exceptions to the plan.

Marginal note:Cooperative planning

• 45 (1) The planning board for a settlement area may cooperate with any body responsible for land use planning in any other area, either within or outside the Northwest Territories, that is adjacent to the settlement area.

• Marginal note:Joint land use plans

  (2) A planning board may, in conjunction with a body referred to in subsection (1), prepare a land use plan for the settlement area and an adjacent area of the Mackenzie Valley, which shall be subject to the requirements of this Part in respect of the portion of the plan relating to the settlement area.

Compliance with Plans

Marginal note:First nations, governments and licensing bodies

• 46 (1) The Gwich’in and Sahtu First Nations, departments and agencies of the federal and territorial governments, and every body having authority under any federal or territorial law to issue licences, permits or other authorizations relating to the use of land or waters or the deposit of waste, shall carry out their powers in accordance with the land use plan applicable in a settlement area.

• Marginal note:National parks and historic sites

  (2) In particular, measures carried out by a department or agency of government leading to the establishment of a park subject to the Canada National Parks Act, and the acquisition of lands pursuant to the Historic Sites and Monuments Act, in a settlement area shall be carried out in accordance with the applicable land use plan.

Marginal note:Determination of conformity

• 47 (1) A planning board shall determine whether an activity is in accordance with a land use plan where

  • (a) the activity is referred to the planning board by a first nation or a department or agency of the federal or territorial government or by the body having authority under any federal or territorial law to issue a licence, permit or other authorization in respect of the activity; or

  • (b) an application for such a determination is made by any person directly affected by an activity for which an application has been made for a licence, permit or authorization.

• Marginal note:Time of referral

  (2) The referral or application must be made before the issuance of any licence, permit or other authorization required for the activity.

• Marginal note:Transmission of decision

  (3) A planning board shall transmit its decision to the first nation, department, agency, body or person that made a referral or application under subsection (1).

• Marginal note:Final decision

  (4) Subject to section 32, a decision of a planning board under this section is final and binding.

Marginal note:Amendment of plan

• 48 (1) A planning board may, on application or on its own motion, adopt any amendments to a land use plan that the planning board considers necessary.

• Marginal note:Adoption and approval

  (2) Sections 42 and 43 apply, with such modifications as are required, in respect of any amendment to a land use plan.

Marginal note:Record keeping and access

• 49 (1) A planning board shall

  • (a) keep a public record of all applications made to it and all decisions made by it;

  • (b) furnish, on request and on the payment of a fee prescribed under subsection (2), copies of a land use plan or of any decision made by it; and

  • (c) have the custody and care of all documents filed with it.

• Marginal note:Fees

  (2) A planning board may, subject to the approval of the federal Minister, make rules prescribing fees for copies furnished pursuant to paragraph (1)(b), not exceeding the cost of furnishing them.

Comprehensive Review

Marginal note:Periodic review

50 A planning board shall carry out a comprehensive review of a land use plan not later than five years after the plan takes effect and thereafter every five years or at any other intervals agreed to by the federal Minister, the territorial Minister and the first nation of the settlement area.

Policy Directions

Marginal note:Minister’s policy directions to board

• 50.1 (1) The federal Minister may, after consultation with a planning board, give written policy directions that are binding on the planning board with respect to the exercise of any of its functions under this Act.

• Marginal note:Limitation

  (2) Policy directions do not apply in respect of an application referred to in paragraph 44(b), a referral or application under subsection 47(1) or a proposed amendment to a land use plan under subsection 48(1) that, at the time the directions are given, is before the planning board.

• Marginal note:Conflict

  (3) If there is a conflict between the policy directions given under this section and the provisions of any Act of Parliament, any regulations made under an Act of Parliament or any territorial law, those provisions prevail to the extent of the conflict.

PART 3Land and Water Regulation

Interpretation and Application

Marginal note:Definitions

51 The definitions in this section apply in this Part.

appurtenant undertaking

appurtenant undertaking means the work described in a licence. (entreprise en cause)

authorized user

authorized user means a person who uses waters without a licence but under the authority of regulations made under paragraph 90.3(1)(m). (usager agréé)

authorized waste depositor

authorized waste depositor means a person who deposits waste without a licence but under the authority of regulations made under paragraph 90.3(1)(n). (personne autorisée à déposer des déchets)

board

board means the Gwich’in Land and Water Board, the Sahtu Land and Water Board or the Wekeezhii Land and Water Board established by sections 54, 56 and 57.1, respectively. (office)

domestic user

domestic user means a person who uses waters

• (a) for household requirements, including sanitation and fire prevention;

• (b) for the watering of domestic animals; or

• (c) for the irrigation of a garden adjoining a dwelling-house that is not ordinarily used in the growth of produce for a market. (usager domestique)

federal area

federal area means any lands under the administration and control of a minister of the Government of Canada and any land on which is situated a waste site for which the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — is the responsibility of the Government of Canada. (zone fédérale)

first nation lands

first nation lands, in relation to a first nation, means

• (a) settlement lands of the first nation; or

• (b) lands situated within the boundaries of a local government and referred to in the first nation’s land claim agreement as municipal lands. (terres d’une première nation)

instream user

instream user means a person who uses waters, otherwise than as described in paragraph (a), (b) or (c) of the definition use, to earn income or for subsistence purposes. (usager ordinaire)

land

land means the surface of land. (terres)

licence

licence means

• (a) with respect to a federal area, a type A or type B licence permitting the use of waters or the deposit of waste, or both, issued by a board under this Part; or

• (b) with respect to lands outside a federal area, a type A or type B licence, or any other licence relating to the use of waters or the deposit of waste, or both, issued by a board under this Part in accordance with any territorial law. (permis d’utilisation des eaux)

management area

management area means an area in respect of which a board has been established, namely,

• (a) in the case of the Gwich’in Land and Water Board, the area described in appendix A to the Gwich’in Agreement;

• (b) in the case of the Sahtu Land and Water Board, the area described in appendix A to the Sahtu Agreement; and

• (c) in the case of the Wekeezhii Land and Water Board, Wekeezhii. (zone de gestion)

permit

permit means a permit for the use of land issued by a board under this Part, and “permittee” has a corresponding meaning. (permis d’utilisation des terres)

use

use, in relation to waters, means a direct or indirect use of any kind other than a use connected with shipping activities that are governed by the Canada Shipping Act, 2001, including

• (a) any diversion or obstruction of waters;

• (b) any alteration of the flow of waters; and

• (c) any alteration of the bed or banks of a river, stream, lake or other body of water, whether or not the body of water is seasonal. (utilisation)

waste

waste means any substance that would, to an extent that is detrimental to its use by people or by any animal, fish or plant, degrade or alter or form part of a process of degradation or alteration of the quality of any water to which it is added. Alternatively, it means any water that contains a substance in such a quantity or concentration or that has been so treated, processed or changed, by heat or other means, that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that other water to which it is added. It includes

• (a) any substance or water that is deemed, under subsection 2(2) of the Canada Water Act, to be waste;

• (b) any substance or class of substances prescribed by regulations made under subparagraph 90.3(1)(b)(i);

• (c) water that contains any substance or class of substances in a quantity or concentration that is equal to or greater than a quantity or concentration prescribed in respect of that substance or class of substances by regulations made under subparagraph 90.3(1)(b)(ii); and

• (d) water that has been subjected to a treatment, process or change prescribed by regulations made under subparagraph 90.3(1)(b)(iii). (déchet)

waste site

waste site has the same meaning as Waste Site in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013. (décharge publique)

water authority

water authority means a board or other authority having jurisdiction in relation to the use of waters or the deposit of waste in any portion of the Northwest Territories or Nunavut. (autorité de gestion des eaux)

water management area

water management area means a water management area established by the Governor in Council by regulations made under subparagraph 90.3(1)(a)(i). (zone de gestion des eaux)

waters

waters means any inland waters, whether in a liquid or frozen state, on or below the surface of land. (eaux)