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

Assented to 2014-03-25

PART 41998, c. 25MACKENZIE VALLEY RESOURCE MANAGEMENT ACT

Amendments to the Act

232. Section 151 of the Act is repealed.

233. Sections 152 and 153 of the Act are replaced by the following:

Marginal note:Existing rights and interests

152. Rights to the use of land under any lease, easement or other interest in land that was granted under the Territorial Lands Act or the regulations made under that Act, or under any territorial law, and that exist on December 22, 1998, with respect to a settlement area, or on March 31, 2000, with respect to any other portion of the Mackenzie Valley, continue in effect, subject to the terms and conditions of exercising those rights.

Marginal note:Existing licences continued

153. Licences issued under the Northwest Territories Waters Act respecting a use of waters or deposit of waste in a settlement area that exist on December 22, 1998 — and, respecting a use of waters or deposit of waste in another portion of the Mackenzie Valley, that exist on March 31, 2000 — continue in effect and are deemed to be licences within the meaning of Part 3.

234. Sections 154 to 156 of the Act are repealed.

235. Subsection 157(2) of the Act is repealed.

236. Sections 158 and 159 of the Act are repealed.

237. The schedule to the Act is amended by adding the following in alphabetical order:

  • Canadian Nuclear Safety Commission

    Commission canadienne de sûreté nucléaire

Consequential Amendments

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

Marginal note:1998, c. 25, s. 160(1)

238. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Gwich’in Land and Water Board

    Office gwich’in des terres et des eaux

  • Sahtu Land and Water Board

    Office des terres et des eaux du Sahtu

R.S., c. P-21Privacy Act

Marginal note:1998, c. 25, s. 167(1)

239. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Gwich’in Land and Water Board

    Office gwich’in des terres et des eaux

  • Sahtu Land and Water Board

    Office des terres et des eaux du Sahtu

2005, c. 1Tlicho Land Claims and Self-Government Act

240. Section 95 of the Tlicho Land Claims and Self-Government Act is repealed.

Transitional Provisions

Marginal note:Definitions

241. The following definitions apply in this section and in sections 242 to 252.

“other Act”

« autre loi »

“other Act” means the Mackenzie Valley Resource Management Act.

“regional panels”

« formations régionales »

“regional panels” means the Gwich’in Land and Water Board, the Sahtu Land and Water Board and the Wekeezhii Land and Water Board that are continued as regional panels of the Mackenzie Valley Land and Water Board by subsections 99(2) and (2.1) of the other Act, as those subsections read immediately before the day on which section 193 comes into force.

Marginal note:Licences, permits and authorizations continued

  • 242. (1) All licences, permits and other authorizations that are issued under Parts 3 and 4 of the other Act as those Parts read immediately before the day on which section 136 comes into force, are continued as licences, permits and other authorizations under Part 3 of the other Act, as that Part reads on that day, including any terms and conditions attached to them.

  • Marginal note:For greater certainty

    (2) For greater certainty, the Mackenzie Valley Land and Water Board may exercise all its powers and perform all its duties and functions under Part 3 of the other Act, as that Part reads on the day on which section 136 comes into force, with respect to the licences, permits or other authorizations that are continued by subsection (1).

Marginal note:For greater certainty — regional panels

243. For greater certainty, the Mackenzie Valley Land and Water Board is, on the day on which section 136 comes into force, seized of any application that a regional panel had been seized of immediately before that day.

Marginal note:For greater certainty — employees

  • 244. (1) For greater certainty, persons that were said to be employed, and agents, advisers and experts that were said to be engaged, by the regional panels before the day on which section 136 comes into force are, on the day on which that section comes into force, employed and engaged by the Mackenzie Valley Land and Water Board.

  • Marginal note:For greater certainty — rights and property

    (2) For greater certainty, all rights and property that were said to be held by or in the name of the regional panels before the day on which section 136 comes into force are, on the day on which that section comes into force, the rights and property of the Mackenzie Valley Land and Water Board.

Marginal note:Members ceasing to hold office

245. The members of the Mackenzie Valley Land and Water Board, including members of the regional panels, who held office immediately before the day on which section 136 comes into force cease to hold office on that day, but are eligible to be appointed to the Board in accordance with section 11 or 12, as the case may be, and subsection 54(2) of the other Act, as those provisions read on that day.

Marginal note:Deemed members

  • 246. (1) Despite section 245, a member of the Mackenzie Valley Land and Water Board, including a member of a regional panel, who is not re-appointed as of the day on which section 136 comes into force is deemed to continue as a member of the Board until a final decision is made in respect of an application, or until the applicant withdraws an application, that is pending before the Board or the regional panel if, before the day on which section 136 comes into force, that member had been designated to dispose of that application and

    • (a) that member has considered all the evidence produced in relation to it; or

    • (b) a notice of hearing has been published in relation to it.

  • Marginal note:Limitation of powers, functions and duties

    (2) A deemed member may exercise only the powers, and perform only the functions and duties, of a member that are necessary to dispose of the application in relation to which they are designated.

  • Marginal note:Designation

    (3) The members and deemed members of the Mackenzie Valley Land and Water Board who, immediately before the day on which section 136 comes into force, are designated to dispose of an application that is pending are deemed, as of that day, to be designated under section 56 of the other Act, as that section reads on that day, to dispose of that application.

Marginal note:Designation

247. Any person who, immediately before the day on which section 177 comes into force, is designated as an inspector or analyst under subsection 35(1) of the Northwest Territories Waters Act, is deemed, as of that day, to be designated as an inspector or analyst under section 84(1) or (2), respectively, of the other Act, as that subsection reads on that day.

Marginal note:Remedial measures

248. Any direction that was given by an inspector under subsection 37(1) of the Northwest Territories Waters Act immediately before the day on which section 177 comes into force, and that is in respect of lands in the Mackenzie Valley that are in a federal area as defined in section 51 of the other Act as that section reads on that day, is deemed on that day to be an order made under subsection 86.1(1) of the other Act, as that subsection reads on that day.

Marginal note:Reservation of lands from disposition

  • 249. (1) Any order that was made by the Governor in Council under subsection 34(1) of the Northwest Territories Waters Act, before the day on which section 185 comes into force, and that is in respect of interests in lands in the Mackenzie Valley that are in a federal area as defined in section 51 of the other Act as it reads on that day, is deemed, on that day, to be an order made under subsection 91.1(1) of the other Act, as enacted by that section 185.

  • Marginal note:Reservation of water rights

    (2) Any order that was made by the Governor in Council under subsection 34(2) of the Northwest Territories Waters Act, before the day on which section 185 comes into force, and that was in respect of lands in the Mackenzie Valley that are in a federal area, as defined in section 51 of the other Act as it reads on that day, is deemed, on that day, to be an order made under subsection 91.1(2) of the other Act, as enacted by that section 185.

Marginal note:Time limits

250. Any time limit that is applicable — on the day on which section 206 comes into force — to the exercise of a power or the performance of a duty or function, under Part 5 of the other Act, as it reads on that day, in relation to a proposal for a development, as defined in section 111 of the other Act, that was being undertaken immediately before the day on which that section 206 comes into force, is counted from that day.

Marginal note:Ongoing proposals for development

251. Part 5 of the other Act, as it read immediately before the day on which section 211 comes into force, continues to apply to a proposal for development, as defined in section 111 of the other Act, that, immediately before that day, was being considered by any of the following:

  • (a) a designated regulatory agency, as defined in that section 111, for the purposes of sections 131 and 137 of the other Act, as those sections 131 and 137 read immediately before that day;

  • (b) the Tlicho Government, as defined in section 2 of the other Act, for the purposes of sections 131.1 and 137.1 of the other Act, as those sections 131.1 and 137.1 read immediately before that day;

  • (c) the federal Minister and the responsible minister, as defined in that section 111;

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

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

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