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

Assented to 2014-03-25

 Subsections 53(2) and (3) of the Act are replaced by the following:

  • Marginal note:Agreement

    (2) The Board 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) Every determination made under subsection (2) shall be made available to the public at the main office of the Board and that of the local government.

  •  (1) The Act is amended by adding the following after section 53:

    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.

  • (2) Section 53.1 of the Act is replaced by the following:

    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.

Marginal note:2005, c. 1, s. 31

 The heading before section 54 and sections 54 to 57.2 of the Act are replaced by the following:

Mackenzie Valley Land and Water Board

Marginal note:Board continued
  • 54. (1) The Mackenzie Valley Land and Water Board is continued.

  • Marginal note:Membership

    (2) The Board shall consist of 11 members, including

    • (a) a chairperson;

    • (b) one member appointed on the nomination of the Gwich’in First Nation;

    • (c) one member appointed on the nomination of the Sahtu First Nation;

    • (d) one member appointed by the Tlicho Government, subject to any agreement between the Tlicho Government and an aboriginal people of Canada, other than the Tlicho First Nation, to whom section 35 of the Constitution Act, 1982 applies;

    • (e) two members 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

    • (f) two members 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 to the Board.

  • Marginal note:Quorum

    (4) A quorum of the Board consists of five members.

Marginal note:Main office

55. The main office of the Board shall be at Yellowknife or at another place in the Mackenzie Valley that is designated by the Governor in Council.

Marginal note:Chairperson may designate
  • 56. (1) The chairperson shall designate three Board members — including at least one member appointed under any of paragraphs 54(2)(b) to (e), and at least one member not so appointed — to dispose of an application made to the Board in respect of a licence, permit or other authorization for the use of land or waters or the deposit of waste.

  • Marginal note:Additional members

    (2) If the chairperson is of the opinion that it is necessary, the chairperson may designate additional Board members to dispose of the application under subsection (1).

  • Marginal note:Member — application relating to region of Mackenzie Valley

    (3) For the purposes of subsections (1) and (2), the chairperson shall, if it is reasonable to do so, designate,

    • (a) in the case of an application relating to the area described in appendix A to the Gwich’in Agreement, the member appointed under paragraph 54(2)(b);

    • (b) in the case of an application relating to the area described in appendix A to the Sahtu Agreement, the member appointed under paragraph 54(2)(c);

    • (c) in the case of an application relating to Wekeezhii, the member appointed under paragraph 54(2)(d); or

    • (d) in the case of an application relating to the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii, at least one of the members appointed under paragraph 54(2)(e).

  • Marginal note:Majority — decision of Board

    (4) A decision with respect to the application, made by a majority of the members so designated, is considered to be a decision of the Board.

Marginal note:Acting after expiry of term
  • 57. (1) If the chairperson is of the opinion that it is necessary for a member of the Board to continue to act after the expiry of that 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, their office 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:2005, c. 1, ss. 32, 33, 35, 36 and 37(1) and (2)(E)

 Sections 58 to 68 of the Act are replaced by the following:

Marginal note:Objectives — Board

58. The 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 present and future residents of the Mackenzie Valley in particular and Canadians generally.

Marginal note:Jurisdiction — land
  • 59. (1) The Board has jurisdiction in respect of all uses of land in the Mackenzie Valley for which a permit is required under this Part and may, in accordance with the regulations, issue, amend, renew, suspend and cancel permits and other authorizations for the use of land, and approve the assignment of permits.

  • Marginal note:Subsurface rights

    (2) For greater certainty, the Board’s jurisdiction 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) The Board has jurisdiction in respect of all uses of waters and deposits of waste in a federal area in the Mackenzie Valley 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) The Board has jurisdiction in respect of all uses of waters and deposits of waste on lands outside a federal area in the Mackenzie Valley 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) The Board may suspend a licence in respect of a federal area for a specified period or until terms and conditions specified by the Board 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, the 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 — settlement area
  • 61. (1) The Board is not permitted to issue, amend or renew a licence, permit or other authorization that applies with respect to a settlement area except in accordance with an applicable land use plan under Part 2.

  • Marginal note:Conformity with land use plan — Wekeezhii

    (2) The Board is not permitted to issue, amend or renew a licence, permit or other authorization that applies with respect to Wekeezhii except in accordance with any land use plan, established under a federal, territorial or Tlicho law, that is applicable to any part of Wekeezhii.

Marginal note:Conformity with Tlicho laws

61.1 The Board is not permitted to 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. The Board is not permitted to issue a licence, permit or other 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 under a decision made under that Part.

Marginal note:Copies of applications
  • 63. (1) The Board shall provide a copy of each application made to the Board for a licence or permit to the owner of any land to which the application relates and to appropriate departments and agencies of the federal and territorial governments.

  • Marginal note:Notice to communities and first nations

    (2) The Board shall notify affected communities and first nations of an application made to the Board for a licence, permit or other authorization and allow a reasonable period of time for them to make representations to the Board with respect to the application.

  • Marginal note:Notice to Tlicho Government

    (3) The Board shall notify the Tlicho Government of an application made to the Board for a licence, permit or other authorization for the use of land or waters or the deposit of waste in Wekeezhii and allow a reasonable period of time for it to make representations to the Board with respect to the application.

  • Marginal note:Consultation with Tlicho Government

    (4) The Board shall consult the Tlicho Government before issuing, amending or renewing any licence, permit or other authorization for a use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters.

Marginal note:Heritage resources
  • 64. (1) The Board shall seek and consider the advice of any affected first nation — and, with respect to Wekeezhii, the Tlicho Government — and any appropriate department or agency of the federal or territorial government respecting the presence of heritage resources that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.

  • Marginal note:Wildlife resources

    (2) The Board shall, with respect to a settlement area or Wekeezhii, seek and consider the advice of the renewable resources board established by the applicable land claim agreement respecting the presence of wildlife and wildlife habitat that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.

Marginal note:Guidelines and policies — permits
  • 65. (1) Subject to the regulations, the Board may establish guidelines and policies respecting permits and other authorizations, including their issuance under this Part.

  • Marginal note:Guidelines and policies — licences

    (2) Subject to the regulations and any territorial law, the Board may establish guidelines and policies respecting licences, including their issuance under this Part.

Marginal note:Copies of licences and permits

66. The Board shall provide the federal Minister with copies of licences, permits and other authorizations issued under this Part and of decisions and orders relating to them.

Marginal note:Final decision

67. Subject to sections 32 and 72.13, or any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of the Board is final and binding.

Marginal note:Public register
  • 68. (1) The Board shall maintain at its main office, in any form that is prescribed by the regulations, a register convenient for use by the public in which shall be entered, for each application received and each licence or permit issued, the information prescribed by the regulations.

  • Marginal note:Register to be open to inspection

    (2) The register shall be open to inspection by any person during the Board’s normal business hours, subject to the payment of any fee prescribed by the regulations.

  • Marginal note:Copies of contents of register

    (3) The Board shall, on request and on payment of any fee prescribed by the regulations, make available copies of information contained in the register.

Cost Recovery

Marginal note:Obligation to pay costs
  • 68.1 (1) For the federal Minister to recover costs incurred in relation to the consideration of an application for a licence or for the amendment, renewal or cancellation of a licence, the applicant or a licensee shall pay to the federal Minister

    • (a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Board or of its members;

    • (b) any costs incurred by the Board for services that are prescribed by the regulations and that are provided to it by a third party; and

    • (c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister.

  • Marginal note:Debt due to Her Majesty

    (2) The costs and amounts that a person is to pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

 
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