Tlicho Land Claims and Self-Government (S.C. 2005, c. 1)
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Assented to 2005-02-15
1998, c. 25AMENDMENTS TO THE MACKENZIE VALLEY RESOURCE MANAGEMENT ACT
16. Section 4 of the Act is amended by adding the following after subsection (3):
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.
17. The Act is amended by adding the following after section 5:
Marginal note:Agreement between Tlicho Government and another aboriginal people
5.1 The rights of the Tlicho First Nation, Tlicho citizens and the Tlicho Government under this Act are subject to the provisions of any agreement entered into between the Tlicho Government and an aboriginal people, other than the Tlicho First Nation, under 2.7.3 of chapter 2 of the Tlicho Agreement.
18. Subsection 8(1) of the Act is replaced by the following:
Marginal note:Consultation
8. (1) The federal Minister shall consult the first nations and the Tlicho Government with respect to the amendment of this Act.
19. (1) Subsection 11(1) of the Act is replaced by the following:
Marginal note:Appointment of members by federal Minister
11. (1) The members of a board — other than the chairperson, any members appointed pursuant to a determination under section 15 and any members appointed by the Tlicho Government under subsection 57.1(2) or in accordance with an agreement referred to in that subsection — shall be appointed by the federal Minister in accordance with Parts 2 to 5.
(2) The portion of subsection 11(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Alternate members
(2) Except in the case of the Wekeezhii Land and Water Board, the federal Minister may appoint
20. Subsections 12(1) and (2) of the Act are replaced by the following:
Marginal note:Chairperson
12. (1) Except in the case of the Wekeezhii Land and Water Board, the chairperson of a board shall be appointed by the federal Minister from persons nominated by a majority of the members.
Marginal note:Appointment by federal Minister
(2) Except in the case of the Wekeezhii Land and Water Board, if a majority of the members does not nominate a person acceptable to the federal Minister within a reasonable time, the Minister may appoint any person as chairperson of the board.
Marginal note:Wekeezhii Land and Water Board
(2.1) The chairperson of the Wekeezhii Land and Water Board shall be appointed jointly by the federal Minister and the Tlicho Government on the nomination of the members of the Board other than the chairperson.
21. Subsection 14(3) of the Act is replaced by the following:
Marginal note:Removal by federal Minister after consultation
(3) A member who has been appointed by the federal Minister may not be removed from office except after consultation by the federal Minister with the board and, where applicable, with the territorial Minister, the first nation or the Tlicho Government that nominated the member.
Marginal note:Removal by Tlicho Government after consultation
(4) A member of the Wekeezhii Land and Water Board who has been appointed by the Tlicho Government may not be removed from office except after consultation by the Tlicho Government with the Board and the federal Minister.
22. Section 15 of the Act is replaced by the following:
Marginal note:Implementation of right of representation of other aboriginal peoples
15. Despite any provision of this Act respecting members of a board, if an aboriginal people has a right under a land claim agreement to representation on that board in relation to a decision of the board that might affect an area used by that aboriginal people that is outside the board’s area of jurisdiction, the board shall, in accordance with that land claim agreement, determine how to implement that right.
23. Subsection 16(2) of the Act is replaced by the following:
Marginal note:Status or entitlements under agreement
(2) A member of a board is not placed in a material conflict of interest merely because of any status or entitlement conferred on the member under the Gwich’in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and Her Majesty in right of Canada for the settlement of a claim to lands.
24. Subsection 17(1) of the Act is replaced by the following:
Marginal note:Remuneration
17. (1) Members of a board, other than any members appointed pursuant to a determination under section 15, shall be paid such fees or other remuneration as the federal Minister may fix.
25. Section 22 of the Act is replaced by the following:
Marginal note:Government information
22. Subject to any other federal or territorial law and to any Tlicho law, a board may obtain from any department or agency of the federal or territorial government or the Tlicho Government any information in the possession of the department or agency or the Tlicho Government that the board requires for the performance of its functions.
26. Section 24 of the Act is replaced by the following:
Marginal note:Hearings
24. In addition to hearings that a board is authorized or required to hold under this Act, a board may conduct any hearings that it considers to be desirable for the purpose of carrying out any of its functions.
Marginal note:Coordination
24.1 A board shall coordinate its activities, including hearings, with the activities of
(a) other boards;
(b) departments and agencies of the federal government that have responsibility for the administration, management and control of parks to which the Canada National Parks Act applies or lands acquired pursuant to the Historic Sites and Monuments Act;
(c) committees established under any of the land claim agreements for the management of parks to which the Canada National Parks Act applies;
(d) committees, or similar bodies, established for the management of protected areas as defined in any of the land claim agreements;
(e) renewable resources boards established under any of the land claim agreements; and
(f) land use planning bodies established for Wekeezhii or any part of Wekeezhii.
27. (1) Subsection 31(1) of the Act is replaced by the following:
Marginal note:Statutory Instruments Act
31. (1) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules under section 30, a land use plan or amendment thereto under Part 2, rules under subsection 49(2), guidelines or policies under section 65, policy directions under subsection 83(1) or (2), directions under section 106, policy directions under section 109 or 109.1 or guidelines under section 120.
(2) Section 31 of the Act is amended by adding the following after subsection (2):
Marginal note:Statutory Instruments Act
(3) For greater certainty, permits issued by a board under Part 3 or 4 either before or after the coming into force of this subsection are not statutory instruments within the meaning of the Statutory Instruments Act.
Marginal note:2002, c. 8, par. 182(1)(x)
28. Section 32 of the Act and the heading before it are replaced by the following:
Jurisdiction of Courts
Marginal note:Concurrent jurisdiction
32. (1) Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Courts Act, the Attorney General of Canada or anyone directly affected by the matter in respect of which relief is sought may make an application to the Supreme Court of the Northwest Territories for any relief against a board by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition.
Marginal note:Exclusive original jurisdiction
(2) Despite subsection (1) and section 18 of the Federal Courts Act, the Supreme Court of the Northwest Territories has exclusive original jurisdiction to hear and determine any action or proceeding, whether or not by way of an application of a type referred to in subsection (1), concerning the jurisdiction of the Mackenzie Valley Land and Water Board or the Mackenzie Valley Environmental Impact Review Board.
29. (1) The definition “board” in section 51 of the Act is replaced by the following:
“board”
« office »
“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.
(2) Section 51 of the Act is amended by adding the following in alphabetical order:
“management area”
« zone de gestion »
“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.
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