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Tlicho Land Claims and Self-Government (S.C. 2005, c. 1)

Assented to 2005-02-15

  •  (1) The portion of subsection 143(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Regulations
    • 143. (1) The Governor in Council may, following consultation by the federal Minister with the territorial Minister, first nations and the Tlicho Government, make regulations for carrying out the purposes and provisions of this Part and, in particular, regulations

  • (2) Subsection 143(1) of the Act is amended by striking out the word “and” at the end of paragraph (c) and by adding the following after paragraph (d):

    • (e) fixing a period for the purposes of subsection 138.1(2) and respecting mediation referred to in that subsection;

    • (f) fixing the period within which a matter may be referred to arbitration under subsection 138.1(3) and respecting arbitration under that subsection; and

    • (g) fixing a period for the purposes of subsections 138.1(4) and 141(4).

  • (3) Subsection 143(2) of the Act is replaced by the following:

    • Marginal note:Consultation with Review Board

      (2) Regulations may only be made under paragraph (1)(a), (d), (e), (f) or (g), or amended under paragraph (1)(b) or (c), following consultation by the federal Minister with the Review Board.

 Subsection 144(1) of the Act is replaced by the following:

Marginal note:Schedule
  • 144. (1) The Governor in Council may, by regulations made following consultation by the federal Minister with the territorial Minister, the Review Board, the first nations and the Tlicho Government, amend the schedule by adding, or by deleting, the name of any agency, other than a land and water board established by Part 3 or 4, that exercises regulatory powers pursuant to territorial or federal laws and that is not subject to specific control or direction by a minister of the federal or territorial government or the Governor in Council.

 Section 147 of the Act is replaced by the following:

Marginal note:Consultation with first nations and Tlicho Government
  • 147. (1) A responsible authority that is a minister of the Crown in right of Canada shall carry out the functions referred to in section 146 in consultation with the first nations and the Tlicho Government.

  • Marginal note:Role of first nations and Tlicho Government

    (2) Where a responsible authority is other than a minister of the Crown in right of Canada, the Gwich’in and Sahtu First Nations and the Tlicho Government are entitled to participate in the functions referred to in section 146 in the manner provided by the regulations.

  •  (1) Subsection 148(2) of the Act is replaced by the following:

    • Marginal note:Terms of reference

      (2) The federal Minister shall, after consulting the Gwich’in First Nation, the Sahtu First Nation, the Tlicho Government and the territorial government, fix the terms of reference of an environmental audit, including the key components of the environment to be examined.

  • (2) Subsection 148(5) of the Act is replaced by the following:

    • Marginal note:Participation by first nations and Tlicho Government

      (5) The Gwich’in and Sahtu First Nations and the Tlicho Government are entitled to participate in an environmental audit in the manner provided by the regulations.

  •  (1) The portion of section 150 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Regulations

    150. The Governor in Council may, after consultation by the federal Minister with affected first nations, the Tlicho Government and the territorial Minister, make regulations for carrying out the purposes and provisions of this Part and, in particular, regulations

  • (2) Paragraph 150(c) of the Act is replaced by the following:

    • (c) respecting the manner of participation of the Gwich’in and Sahtu First Nations and the Tlicho Government in the functions of a responsible authority that is not a minister of the Crown or in an environmental audit.

TRANSITIONAL PROVISIONS

Marginal note:Wekeezhii Land and Water Board
  •  (1) The Wekeezhii Land and Water Board established by section 57.1 of the Mackenzie Valley Resource Management Act, as enacted by section 31 of this Act, may not exercise its powers or perform its duties under sections 58.1 and 59, subsections 60(1) and (2), sections 79.1 to 79.3, 80.1 and 88 and subsection 89(2) of the Mackenzie Valley Resource Management Act until six months after the coming into force of this Act.

  • Marginal note:Mackenzie Valley Land and Water Board

    (2) Despite subsection 102(1) of the Mackenzie Valley Resource Management Act, the Mackenzie Valley Land and Water Board shall exercise the powers and perform the duties of the Wekeezhii Land and Water Board under sections 58.1, 79.1 to 79.3, 80.1 and 88 and subsection 89(2) of that Act during the period of six months after the coming into force of this Act.

  • Marginal note:Exclusive original jurisdiction

    (3) Despite subsection 32(1) of the Mackenzie Valley Resource Management Act 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 32(1) of the Mackenzie Valley Resource Management Act, concerning the jurisdiction of the Wekeezhii Land and Water Board during the period of six months after the coming into force of this Act.

Marginal note:Validity of ordinances of the Northwest Territories

 The following ordinances of the Northwest Territories are deemed for all purposes to have been validly made if they were made before the coming into force of this Act and would have been validly made if they had been made after that coming into force, and everything done under any of those ordinances before that coming into force has the effect that it would otherwise have if the ordinance had been validly made after that coming into force:

  • (a) the ordinance of the Northwest Territories entitled the Tlicho Land Claims and Self-Government Agreement Act;

  • (b) an ordinance that establishes community governments as required by chapter 8 of the Agreement; and

  • (c) an ordinance that establishes a community services agency as required by the first intergovernmental services agreement referred to in 7.10 of chapter 7 of the Agreement.

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1Access to Information Act

Marginal note:2000, c. 7, s. 21(2)

 Subsection 13(3) of the Access to Information Act is replaced by the following:

  • Definition of “aboriginal government”

    (3) The expression “aboriginal government” in paragraph (1)(e) means

    • (a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; or

    • (b) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act.

R.S., c. L-6Canada Lands Surveys Act

 Paragraph 24(1)(a) of the Canada Lands Surveys Act is amended by striking out the word “or” at the end of subparagraph (iv), by replacing the word “and” at the end of subparagraph (v) with the word “or” and by adding the following after subparagraph (v):

1992, c. 37Canadian Environmental Assessment Act

 Section 40 of the Canadian Environmental Assessment Act is amended by adding the following after subsection (2.1):

  • Marginal note:Where no agreement

    (2.2) Despite subsection (2.1), if, in respect of a proposal referred to in subsection 138.1(1) of the Mackenzie Valley Resource Management Act, no agreement is entered into under that subsection within the period fixed by the regulations referred to in subsection 138.1(4) of that Act, an assessment by a review panel of the proposal shall be conducted.

  • Marginal note:Coordination

    (2.3) The Minister shall to the extent possible ensure that any assessment of the proposal required by subsection (2.2) is coordinated with any environmental impact review of the proposal under the Mackenzie Valley Resource Management Act.

  • Marginal note:Consultation

    (2.4) Before taking a course of action under subsection 37(1) in respect of a proposal referred to in subsection (2.3), the responsible authority shall take into consideration any report in respect of the proposal that is issued under subsection 134(2) of the Mackenzie Valley Resource Management Act and shall consult the persons and bodies to whom the report is submitted or distributed under subsection 134(3) of that Act.

R.S., c. 44 (4th Supp.)Lobbyists Registration Act

 Subsection 4(1) of the Lobbyists Registration Act is amended by adding the following after paragraph (d.2):

R.S., c. N-27Northwest Territories Act

 The Northwest Territories Act is amended by adding the following after section 16:

Marginal note:Roads identified in Tlicho Land Claims and Self-Government Agreement

16.1 Ordinances made by the Commissioner in Council under paragraph 16(o) apply to roads identified in the Agreement, as defined in section 2 of the Tlicho Land Claims and Self-Government Act, as if they were on public lands if the Agreement provides that those ordinances apply to those roads.

 

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