Northwest Territories Devolution Act (S.C. 2014, c. 2)
Full Document:
Assented to 2014-03-25
116. Section 7 of the Act is replaced by following:
Marginal note:Application to Her Majesty
7. This Act is binding on Her Majesty in right of Canada or a province, except that Her Majesty in right of Canada is not required to pay any fee prescribed by regulations made under paragraph 90.3(1)(k) or subparagraph 90.3(2)(a)(i).
Marginal note:Waters vested in Her Majesty
7.1 Subject to any rights, powers or privileges granted or preserved under the Dominion Water Power Act, the property in and the right to the use and flow of all waters are vested in Her Majesty in right of Canada.
Marginal note:Other Acts, etc., to be complied with
7.2 For greater certainty, nothing in this Act, the regulations or a licence or permit, as defined in section 51, authorizes a person to contravene or fail to comply with any other Act or any regulation or order made under it, except as provided in that other Act, regulation or order.
117. Section 7.2 of the Act is replaced by the following:
Marginal note:Other Acts, etc., to be complied with
7.2 For greater certainty, nothing in this Act, the regulations, a licence or permit, as defined in section 51, or a development certificate issued under section 131.3 or 137.4 or an amended certificate issued under subsection 142.21(17) authorizes a person to contravene or fail to comply with any other Act or any regulation or order made under it, except as provided in that other Act, regulation or order.
118. Section 9 of the Act is replaced by the following:
Definition of “board”
9. In this Part, “board” means any board established or continued by this Act.
Marginal note:2005, c. 1, s. 19
119. Section 11 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 member appointed under a determination under section 15 and the member appointed by the Tlicho Government under paragraph 54(2)(d) or in accordance with an agreement referred to in that paragraph — shall be appointed by the federal Minister in accordance with Parts 2 to 5.
Marginal note:Alternate members
(2) The federal Minister may appoint
(a) alternate members selected from persons nominated for that purpose by a first nation, or selected following consultation with first nations, to act in the event of the absence or incapacity of members appointed on such nomination or following such consultation, respectively; and
(b) alternate members agreed to by the territorial Minister to act in the event of the absence or incapacity of members other than members referred to in paragraph (a).
Marginal note:2005, c. 1, s. 20
120. Section 12 of the Act is replaced by the following:
Marginal note:Chairperson
12. (1) Except in the case of the Mackenzie Valley 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 Mackenzie Valley 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:Mackenzie Valley Land and Water Board
(2.1) Subject to subsection 54(3), the chairperson of the Mackenzie Valley Land and Water Board shall be appointed by the federal Minister after the Minister seeks and considers the advice of that Board.
Marginal note:Exception
(2.2) Despite subsection (2.1), the federal Minister is not required to seek and consider the advice of the Mackenzie Valley Land and Water Board with respect to the first appointment of a chairperson of that Board after the day on which this subsection comes into force.
Marginal note:Absence or incapacity of chairperson
(3) Except in the case of the Mackenzie Valley Land and Water Board, a board may designate a member to act as its chairperson during the absence or incapacity of the chairperson or a vacancy in the office of chairperson, and that person while so acting may exercise the powers and shall perform the duties and functions of the chairperson.
Marginal note:Absence or incapacity of chairperson — Mackenzie Valley Land and Water Board
(4) The federal Minister may designate a member to act as chairperson of the Mackenzie Valley Land and Water Board during the absence or incapacity of the chairperson or a vacancy in the office of chairperson, and that person while so acting may exercise the powers and shall perform the duties and functions of the chairperson.
Marginal note:2005, c. 1, s. 21
121. Subsection 14(4) of the Act is replaced by the following:
Marginal note:Removal by Tlicho Government after consultation
(4) The member of the Mackenzie Valley 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.
Marginal note:2005, c. 1, s. 22
122. 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, so long as the number of members nominated by a first nation, nominated or appointed by the Tlicho Government, as the case may be, or appointed following consultation by the federal Minister with the first nations of the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii and temporarily appointed to implement that right remains equal to the number of other members not including the chairperson.
Marginal note:2005, c. 1, s. 24
123. Subsection 17(1) of the Act is replaced by the following:
Marginal note:Remuneration
17. (1) Members of a board, including any members appointed in accordance with a determination under section 15, shall be paid the fees or other remuneration that the federal Minister may fix.
124. Section 20 of the Act is replaced by the following:
Marginal note:Protection from personal liability
20. The members and employees of a board are not liable for anything done or omitted to be done in good faith in the exercise or performance or purported exercise or performance of any powers, duties or functions under this Act.
Marginal note:2005, c. 1, s. 26
125. Section 24 of the French version of the Act is replaced by the following:
Marginal note:Audiences
24. L’office peut tenir, outre les audiences dont la tenue est prévue par la présente loi, celles qu’il estime utiles à l’exercice de ses attributions.
Marginal note:2005, c. 1, s. 26
126. The portion of section 24.1 of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Coordination des activités de l’office
24.1 L’office veille à coordonner ses activités, y compris ses audiences, avec celles des organismes suivants :
127. Section 25 of the Act is replaced by the following:
Marginal note:Judicial powers of a board
25. In proceedings before a board continued under Part 3 or established under Part 5, the board has the powers, rights and privileges of a superior court with respect to the attendance and examination of witnesses and the production and inspection of documents.
Marginal note:2005, c. 1, s. 27(1)
128. (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 to a land use plan under Part 2, rules under subsection 49(2), guidelines or policies under section 65, policy directions under subsection 50.1(1) or 83(1) or (2), directions under section 106, policy directions under section 109 or 109.1 or subsection 142.2(1) or guidelines under section 120.
(2) 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 to a land use plan under Part 2, rules under subsection 49(2), guidelines or policies under section 65, policy directions under subsection 50.1(1) or 83(1) or (2) or 142.2(1) or guidelines under section 120.
Marginal note:2005, c. 1, s. 27(2)
(3) Subsection 31(3) of the Act is replaced by the following:
Marginal note:Statutory Instruments Act
(3) For greater certainty, licences and permits issued by a board under Part 3 or 4, either before or after the coming into force of this subsection, as enacted by subsection 128(3) of the Northwest Territories Devolution Act, are not statutory instruments as defined in the Statutory Instruments Act.
(4) Subsection 31(3) of the Act is replaced by the following:
Marginal note:Statutory Instruments Act
(3) For greater certainty, licences and permits issued by a board under Part 3 or 4, as those Parts read before the coming into force of this subsection, as enacted by subsection 128(4) of the Northwest Territories Devolution Act, or by the Mackenzie Valley Land and Water Board under Part 3, are not statutory instruments as defined in the Statutory Instruments Act.
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