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

Marginal note:National parks and historic sites

• 52 (1) This Part, except sections 78, 79, 79.2 and 79.3, does not apply in respect of the use of land or waters or the deposit of waste within a park to which the Canada National Parks Act applies or within lands acquired pursuant to the Historic Sites and Monuments Act.

• Marginal note:Consultation with board

  (2) Notwithstanding subsection (1), an authority responsible for authorizing uses of land or waters or deposits of waste in a portion of a management area excluded by that subsection from the application of this Part shall consult the board established for that management area before authorizing any such use or deposit.

• Marginal note:Consultation with authority

  (3) A board shall consult a responsible authority referred to in subsection (2) before issuing a licence, permit or authorization for a use of land or waters or deposit of waste that may have an effect in the portion of the management area in which the authority is responsible.

Marginal note:Local government

• 53 (1) This Part does not apply in respect of the use of land within the boundaries of a local government to the extent that the local government regulates that use.

• Marginal note:Agreement

  (2) The board established for a settlement area and the territorial Minister shall, in consultation with each local government, jointly determine the extent to which the local government regulates the use of land within its boundaries for the purposes of subsection (1).

• Marginal note:Dissemination

  (3) A determination under subsection (2) shall be made available to the public at the main office of the board and that of the local government.

Marginal note:Federal area — addition

• 53.1 (1) If the Government of Canada becomes responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the board in writing of the lands on which the waste site is situated.

• Marginal note:Federal area — deletion

  (2) If the Government of Canada ceases to be responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the board in writing.

Gwich’in Land and Water Board

Marginal note:Board established

• 54 (1) There is hereby established, in respect of the settlement area referred to in the Gwich’in Agreement, a board to be known as the Gwich’in Land and Water 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 Gwich’in 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 Gwich’in First Nation and one of the members not so appointed other than the chairperson.

Marginal note:Main office

55 The main office of the Board shall be located in the settlement area referred to in the Gwich’in Agreement.

Sahtu Land and Water Board

Marginal note:Board established

• 56 (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 and Water 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

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

Wekeezhii Land and Water Board

Marginal note:Board established

• 57.1 (1) There is hereby established, in respect of Wekeezhii, a board to be known as the Wekeezhii Land and Water Board.

• Marginal note:Membership

  (2) The Board shall consist of five members including, apart from the chairperson, two members who, subject to any agreement between the Tlicho Government and an aboriginal people of Canada to whom section 35 of the Constitution Act, 1982 applies, other than the Tlicho First Nation, are appointed by the Tlicho Government and one member who is appointed on the nomination of the territorial Minister.

• Marginal note:Consultation

  (3) The federal Minister and the Tlicho Government shall consult each other before making their appointments.

• Marginal note:Quorum

  (4) A quorum of the Board consists of three members, or any larger number that is determined by the Board, including one of the members appointed by the Tlicho Government or in accordance with any agreement referred to in subsection (2) and one of the members appointed by the federal Minister, other than the chairperson.

Marginal note:Main office

57.2 The main office of the Board shall be located in Wekeezhii.

General Provisions

Marginal note:Acting after expiry of term

• 57.3 (1) If the chairperson of a board is of the opinion that it is necessary for a member of that board to continue to act after the expiry of the member’s term in order for the board to make a decision in relation to the issuance, amendment, renewal or cancellation of a permit or licence, as the case may be, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that matter until a decision is made. For the purpose of the appointment of a replacement, the office of the member is deemed to be vacant as soon as their term expires.

• Marginal note:Request

  (2) The request shall be made at least two months before the day on which the member’s term expires.

• Marginal note:Deemed acceptance

  (3) If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.

Marginal note:Objectives — Gwich’in and Sahtu Land and Water Boards

58 The Gwich’in Land and Water Board and the Sahtu Land and Water Board shall regulate the use of land and waters and the deposit of waste so as to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit for residents of their respective management areas and of the Mackenzie Valley and for all Canadians.

Marginal note:Objectives — Wekeezhii Land and Water Board

58.1 The Wekeezhii Land and Water Board shall regulate the use of land and waters and the deposit of waste so as to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit generally for all Canadians and in particular for residents of its management area.

Marginal note:Jurisdiction — land

• 59 (1) A board has jurisdiction in respect of all uses of land in its management area for which a permit is required under this Part and may, in accordance with the regulations, issue, amend, renew, suspend and cancel permits and authorizations for the use of land, and approve the assignment of permits.

• Marginal note:Subsurface rights

  (2) For greater certainty, the jurisdiction of a board under subsection (1) includes a use of land that is required for the exercise of subsurface rights.

Marginal note:Jurisdiction — water and waste in federal area

• 60 (1) A board has jurisdiction in respect of all uses of waters and deposits of waste in a federal area in its management area for which a licence is required under this Part and may, in accordance with the regulations, issue, amend, renew and cancel licences and approve the assignment of licences.

• Marginal note:Jurisdiction — water and waste outside federal area

  (1.1) A board has jurisdiction in respect of all uses of waters and deposits of waste on lands outside a federal area in its management area for which a licence is required under any territorial law and may, in accordance with that law,

  • (a) issue, amend, renew, suspend and cancel licences and approve the assignment of licences;

  • (b) include in a licence any conditions it considers appropriate;

  • (c) determine the term of a licence;

  • (d) determine the appropriate compensation to be paid by an applicant for a licence, or by a licensee who applies for an amendment or renewal of their licence, to persons who would be adversely affected by the proposed use of waters or deposit of waste;

  • (e) require an applicant for a licence, a licensee or a prospective assignee of a licence to furnish and maintain security; and

  • (f) on the request of a person who is subject to an order made by an inspector, review that order and confirm, vary or revoke it.

• Marginal note:Suspension power

  (2) A board may suspend a licence in respect of a federal area for a specified period, or until terms and conditions specified by it are complied with, if the licensee contravenes a provision of this Part or a term or condition of the licence.

Marginal note:Considerations

60.1 In exercising its powers, a board shall consider

• (a) the importance of conservation to the well-being and way of life of the aboriginal peoples of Canada to whom section 35 of the Constitution Act, 1982 applies and who use an area of the Mackenzie Valley; and

• (b) any traditional knowledge and scientific information that is made available to it.

Marginal note:Conformity with land use plan — Gwich’in and Sahtu Boards

• 61 (1) The Gwich’in Land and Water Board and the Sahtu Land and Water Board may not issue, amend or renew a licence, permit or authorization except in accordance with an applicable land use plan under Part 2.

• Marginal note:Conformity with land use plan — Wekeezhii Board

  (2) The Wekeezhii Land and Water Board may not issue, amend or renew a licence, permit or authorization except in accordance with any land use plan, established under a federal, territorial or Tlicho law, that is applicable to any part of its management area.

Marginal note:Conformity with Tlicho laws — Wekeezhii Board

61.1 The Wekeezhii Land and Water Board may not exercise its discretionary powers relating to the use of Tlicho lands except in accordance with any Tlicho laws enacted under 7.4.2 of chapter 7 of the Tlicho Agreement.

Marginal note:Requirements of Part 5

62 A board may not issue a licence, permit or authorization for the carrying out of a proposed development within the meaning of Part 5 unless the requirements of that Part have been complied with, and every licence, permit or authorization so issued shall include any conditions that are required to be included in it pursuant to a decision made under that Part.