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Northwest Territories Devolution Act (S.C. 2014, c. 2)

Assented to 2014-03-25

 The portion of subsection 46(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Licenses

    (3) Sections 40.1 and 40.2 of this Act do not apply in respect of any condition of a licence referred to in subsection (1)

Transitional Provisions

Marginal note:Definitions

 The following definitions apply in this section and in sections 101 to 109.

“former Board”

« ancien Office »

“former Board” means the Northwest Territories Water Board established by section 10 of the Northwest Territories Waters Act, as that section read immediately before this section comes into force.

“new Board”

« nouvel Office »

“new Board” means the Inuvialuit Water Board established by section 10 of the Northwest Territories Waters Act, as amended by section 82.

Marginal note:Chairperson and other members of former Board

 The Chairperson and every other member of the former Board holding office immediately before the coming into force of this section continue to exercise their powers and perform their duties and functions as members of the new Board until the expiry or revocation of their appointment, despite subsection 10(4) of the Northwest Territories Waters Act, as amended by section 82. However, the vice-chairperson of the former Board ceases to act as vice-chairperson on the coming into force of that section 82.

Marginal note:Decisions, etc., continued

 Every decision, order, determination and declaration made by the former Board is deemed to have been made by the new Board.

Marginal note:Licences
  •  (1) All licences, including any terms and conditions attached to them, issued under the Northwest Territories Waters Act, as it read immediately before the day on which this section comes into force, that were in force on that day continue in force after that day as if they had been issued in accordance with the Northwest Territories Waters Act as it reads on that day.

  • Marginal note:For greater certainty

    (2) For greater certainty, the new Board may exercise all its powers and perform all its duties and functions under the Northwest Territories Waters Act, as it reads on the day on which this section comes into force, with respect to the licences that are continued by subsection (1).

Marginal note:Transfer of proceedings and applications
  •  (1) Any proceedings and applications that the former Board was seized of immediately before the day on which this section comes into force are transferred to the new Board and are to be continued and disposed of in accordance with the Northwest Territories Waters Act, as it reads on that day, except as provided under subsection (2).

  • Marginal note:Time limits

    (2) An application for the issuance, renewal or amendment of a licence that was made before the coming into force of this section is considered to have been made on the day of that coming into force for the purpose of determining the periods under sections 24.2 and 24.3 of the Northwest Territories Waters Act.

Marginal note:References

 Every reference to the former Board in any deed, contract, agreement or other document executed by the former Board in its own name is, unless the context otherwise requires, to be read as a reference to the new Board.

Marginal note:Transfer of rights and obligations

 All rights and property of the former Board and of Her Majesty in right of Canada that are under the administration and control of the former Board and all obligations of the former Board are transferred to the new Board.

Marginal note:Commencement of legal proceedings

 Every action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Board may be brought against the new Board in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Board.

Marginal note:Continuation of legal proceedings

 Every action, suit or other legal proceeding to which the former Board is party that is pending in any court immediately before the day on which this section comes into force may be continued by or against the new Board in like manner and to the same extent as it could have been continued by or against the former Board.

Marginal note:Transfer of appropriations

 Any amount appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the charges and expenses of the former Board that, on that coming into force, is unexpended is deemed to have been appropriated to defray the charges and expenses of the new Board.

1998, c. 25Consequential Amendment to the Mackenzie Valley Resource Management Act

Marginal note:2005, c. 1, s. 34(3)

 Subsection 60(4) of the Mackenzie Valley Resource Management Act is replaced by the following:

  • Marginal note:Northwest Territories Waters Act

    (4) Despite subsection (1), sections 7.2, 7.3, 10 to 13, 18.1, 20 and 22, paragraphs 23(1)(b) and (2)(b), section 24, subsections 24.3(2) and (3), section 24.6, section 26 except in relation to type A licences under that Act, sections 27 to 28.2, subsection 37(2) and sections 44.01 to 44.3 of the Northwest Territories Waters Act do not apply in respect of a management area.

Coming into Force

Marginal note:Order in council

 Section 83 and subsection 90(2) come into force on a day to be fixed by order of the Governor in Council.

PART 41998, c. 25MACKENZIE VALLEY RESOURCE MANAGEMENT ACT

Amendments to the Act

 The first paragraph of the preamble to the Mackenzie Valley Resource Management Act is replaced by the following:

Preamble

WHEREAS the Gwich’in Comprehensive Land Claim Agreement and the Sahtu Dene and Metis Comprehensive Land Claim Agreement require the establishment of land use planning boards for the settlement areas referred to in those Agreements and the establishment of an environmental impact review board for the Mackenzie Valley, and provide as well for the establishment of a land and water board for an area that includes those settlement areas;

Marginal note:2005, c. 1, s. 15(2)

 The definitions “deposit of waste” and “territorial law” in section 2 of the Act are replaced by the following:

“deposit of waste”

« dépôt de déchets »

“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.

“territorial law”

« règle de droit territoriale »

“territorial law” means any law of the Legislature of the Northwest Territories.

 Subsection 4(1) of the Act is replaced by the following:

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.

  •  (1) The Act is amended by adding the following after section 5.1:

    Marginal note:Time limits
    • 5.2 (1) The failure of any of the following to exercise a power or perform a duty or function within a period or time limit fixed or prescribed under this Act does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise of such a power or the performance of such duty or function:

      • (a) the federal Minister;

      • (b) the Gwich’in Land Use Planning Board;

      • (c) the Sahtu Land Use Planning Board;

      • (d) the Gwich’in Land and Water Board;

      • (e) the Sahtu Land and Water Board;

      • (f) the Wekeezhii Land and Water Board;

      • (g) the Mackenzie Valley Land and Water Board;

      • (h) a responsible minister, as defined in section 111;

      • (i) the Mackenzie Valley Environmental Impact Review Board or one of its panels;

      • (j) a joint panel established under subsection 140(2) or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 41(2) of the Canadian Environmental Assessment Act, 2012; and

      • (k) a designated regulatory agency, as defined in section 111.

    • Marginal note:Exception

      (2) Subsection (1) does not apply with respect to

      • (a) the periods fixed by regulations referred to in subsections 138.1(2), (3) and (4) and 141(4); and

      • (b) any other period or time limit fixed by regulations that is exempted from the application of subsection (1) by regulation.

    • Marginal note:Regulations

      (3) The Governor in Council may, by regulation, exempt a period or time limit set out in the regulations, other than those referred to in paragraph 2(a), from the application of subsection (1).

  • (2) Subsection 5.2(1) of the Act is replaced by the following:

    Marginal note:Time limits
    • 5.2 (1) The failure of any of the following to exercise a power or perform a duty or function within a period or time limit fixed or prescribed under this Act does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise of such a power or the performance of such duty or function:

      • (a) the federal Minister;

      • (b) the Gwich’in Land Use Planning Board;

      • (c) the Sahtu Land Use Planning Board;

      • (d) the Mackenzie Valley Land and Water Board;

      • (e) a responsible minister, as defined in section 111;

      • (f) the Mackenzie Valley Environmental Impact Review Board or one of its panels;

      • (g) a joint panel established under subsection 140(2) or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 41(2) of the Canadian Environmental Assessment Act, 2012; and

      • (h) a designated regulatory agency, as defined in section 111.

 
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