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

Assented to 2014-03-25

 Section 72.25 of the Act is replaced by the following:

Marginal note:Reasons — decisions and orders

72.25 The Board shall issue, and make available to the public, written reasons for its decisions or orders relating to any licence, or any application for a licence, in respect of a federal area or lands outside a federal area.

 Section 72.28 of the Act is replaced by the following:

Marginal note:Copies of licences

72.28 The Board shall provide the territorial Minister with copies of licences issued under this Part and of any decisions and orders relating to such licences.

Marginal note:2005, c. 1, s. 39

 Sections 73 and 74 of the Act are replaced by the following:

Marginal note:Use without licence
  • 73. (1) Despite sections 72 and 72.01 or any territorial law, the Gwich’in and Sahtu First Nations have the right to use waters or to deposit waste without a licence for purposes of trapping and non-commercial wildlife harvesting other than trapping, for purposes of transportation related to those activities and for traditional heritage, cultural and spiritual purposes.

  • Marginal note:Use without licence — Tlicho citizens

    (2) Despite sections 72 and 72.01 or any territorial law — and subject to any applicable Tlicho laws and, in relation to waters that are on settlement lands, any limitations under the applicable land claim agreement that are of the same type as those that apply in relation to waters on Tlicho lands — Tlicho citizens have the right to use water in the part of Monfwi Gogha De Niitlee that is in the Northwest Territories without a licence, for purposes of wildlife harvesting under 10.1.1 of chapter 10 of the Tlicho Agreement, for purposes of transportation related to such wildlife harvesting and for heritage, cultural or spiritual purposes of the Tlicho First Nation.

Marginal note:Exclusive right

74. Despite section 7.1, the Gwich’in and Sahtu First Nations have the exclusive right to the use of waters when on or flowing through their first nation lands and to the deposit of waste in relation to those waters in accordance with the other provisions of this Part or any territorial law, as the case may be.

Marginal note:2005, c. 1, s. 40

 The portion of section 76 of the Act before paragraph (a) is replaced by the following:

Marginal note:Issuance, amendment or renewal of licences, etc.

76. The Board may issue, amend or renew a licence, permit or other authorization if the use of land or waters or the deposit of waste proposed by the applicant would, in the Board’s opinion, interfere with a first nation’s rights under section 75, if the Board is satisfied that

Marginal note:2005, c. 1, s. 41

 The portion of section 77 of the Act before paragraph (a) is replaced by the following:

Marginal note:Conditions for licence

77. The Board may issue, amend or renew a licence under section 76 only if

Marginal note:2000, c. 32, s. 54; 2005, c. 1, s. 42
  •  (1) Subsections 78(1) and (2) of the Act are replaced by the following:

    Marginal note:Application to water authority
    • 78. (1) The Board shall notify a water authority in writing if the Board determines that a use of waters or a deposit of waste that is proposed, in an application made to the water authority, to be carried out in one of the places set out below would be likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through first nation lands of the Gwich’in or Sahtu First Nation or waters adjacent to those first nation lands:

    • Marginal note:Access to information

      (2) A water authority shall provide the Board with any information in its possession that the Board requires in order to make a determination under subsection (1).

  • (2) The portion of subsection 78(3) of the English version of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Conditions for authorization

      (3) Despite any other Act, a water authority that is notified under subsection (1) is not permitted to authorize the proposed use of waters or deposit of waste unless

Marginal note:2005, c. 1, s. 43(1)
  •  (1) Subsection 79(1) of the Act is replaced by the following:

    Marginal note:Referral of compensation to Board
    • 79. (1) If a compensation agreement referred to in section 77 or 78, as the case may be, is not entered into within the period allowed by the rules of the Board, the applicant or the first nation may apply to the Board for a determination of compensation.

  • (2) The portion of subsection 79(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Determination of compensation

      (2) On an application under subsection (1), the Board shall determine the compensation payable in respect of the proposed use of waters or deposit of waste, taking into consideration

  • (3) Paragraph 79(2)(d) of the English version of the Act is replaced by the following:

    • (d) any other factor that the Board considers relevant in the circumstances.

Marginal note:2005, c. 1, s. 44

 The portion of section 79.1 of the Act before paragraph (a) is replaced by the following:

Marginal note:Conditions for licence

79.1 The Board is not permitted to issue, amend or renew a licence for the use of waters or the deposit of waste if, in its opinion, that use or deposit is likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands unless

Marginal note:2005, c. 1, s. 44

 Subsection 79.2(1) of the Act is replaced by the following:

Marginal note:Application to water authority
  • 79.2 (1) The Board shall notify a water authority in writing if the Board determines that a use of waters or a deposit of waste that is proposed, in an application made to the water authority, to be carried out in one of the places set out below would be likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands:

Marginal note:2005, c. 1, s. 44

 Subsection 79.3(1) of the Act is replaced by the following:

Marginal note:Referral of compensation to Board
  • 79.3 (1) If a compensation agreement referred to in paragraph 79.1(b) or 79.2(3)(a), as the case may be, is not entered into, the applicant or the Tlicho Government may, after having participated in mediation under chapter 6 of the Tlicho Agreement, apply to the Board for a determination of compensation.

Marginal note:2005, c. 1, s. 45(2)
  •  (1) The portion of subsection 80(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Reference to Board

      (3) On application by the person or department or agency requesting the supply or access, the Board shall

  • (2) Subsection 80(4) of the Act is replaced by the following:

    • Marginal note:Settlement lands outside settlement area

      (4) If first nation lands from which construction materials are requested are situated outside the first nation’s settlement area but within the Northwest Territories, the Board shall consult the resource management authority having jurisdiction in respect of those lands before making any determination under subsection (3).

Marginal note:2005, c. 1, s. 46

 The portion of subsection 80.1(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Reference to Board

    (4) On application by any person, department, agency or government requesting the supply of, or access to, materials under subsection (1) and after the applicant has participated in mediation under chapter 6 of the Tlicho Agreement, the Board shall

  •  (1) Section 81 of the Act is replaced by the following:

    Marginal note:Ministerial approval

    81. A board is not permitted to issue, amend, renew or cancel a type A licence referred to in the Northwest Territories Waters Act, or a type B licence referred to in that Act in connection with which a public hearing is held by the board with respect to its issuance, renewal, amendment or cancellation, without the approval of the federal Minister.

  • (2) Section 81 of the Act is repealed.

Marginal note:2005, c. 1, s. 47
  •  (1) Section 82 of the Act is replaced by the following:

    Marginal note:Consultation with boards

    82. The federal Minister shall consult the boards with respect to the amendment of this Act or the making or amendment of any instrument under this Act.

  • (2) Section 82 of the Act is replaced by the following:

    Marginal note:Consultation with Board

    82. The federal Minister shall consult the Board with respect to the amendment of this Act or the making or amendment of any instrument under this Act.

 
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