Northwest Territories Devolution Act (S.C. 2014, c. 2)
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Assented to 2014-03-25
PART 2R.S., c. T-7AMENDMENTS TO THE TERRITORIAL LANDS ACT
PART 31992, c. 39NORTHWEST TERRITORIES WATERS ACT
Amendments to the Act
78. (1) The definition “licensee” in section 2 of the English version of the Northwest Territories Waters Act is repealed.
(2) The definition “Board” in section 2 of the Act is replaced by the following:
“Board”
« Office »
“Board” means the Inuvialuit Water Board established by section 10;
(3) Section 2 of the Act is amended by adding the following in alphabetical order:
“Gwich’in First Nation”
« première nation des Gwichins »
“Gwich’in First Nation” has the same meaning as in section 2 of the Mackenzie Valley Resource Management Act;
“Inuvialuit Final Agreement”
« Convention définitive des Inuvialuits »
“Inuvialuit Final Agreement” means the Agreement as defined in section 2 of the Western Arctic (Inuvialuit) Claims Settlement Act;
“Inuvialuit Regional Corporation”
« Société régionale inuvaluite »
“Inuvialuit Regional Corporation” means the Inuvialuit Regional Corporation referred to in the Inuvialuit Final Agreement, or an entity designated by that Corporation;
“Inuvialuit Settlement Region”
« région inuvialuite designée »
“Inuvialuit Settlement Region” has the same meaning as in section 2 of the Inuvialuit Final Agreement;
“penalty”
« pénalité »
“penalty” means an administrative monetary penalty imposed under this Act for a violation;
“Sahtu First Nation”
« première nation du Sahtu »
“Sahtu First Nation” has the same meaning as in section 2 of the Mackenzie Valley Resource Management Act;
“territorial minister”
« ministre territorial »
“territorial minister” means the person occupying the recognized position of Minister of the Northwest Territories responsible for water resources;
“Tlicho Government”
« gouvernement tlicho »
“Tlicho Government” has the same meaning as in section 2 of the Mackenzie Valley Resource Management Act;
Marginal note:1998, c. 25, s. 165(2)
79. Subsection 2.1(2) of the Act is replaced by the following:
Marginal note:Mackenzie Valley
(2) 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, sections 27 to 28.2, subsection 37(2) and sections 44.01 to 44.3 do not apply in respect of the Mackenzie Valley, as defined in section 2 of the Mackenzie Valley Resource Management Act.
80. Section 6 of the Act is replaced by the following:
Marginal note:Delegation to territorial minister
6. After consultation with the Board, the Minister may, in writing, delegate to the territorial minister any of the Minister’s powers, duties and functions under this Act, either generally or as otherwise provided in the instrument of delegation.
81. The Act is amended by adding the following after section 7.1:
Consultation
Marginal note:Duty to consult
7.2 When, in relation to any matter, a reference is made in this Act to consultation, the duty to consult shall be exercised
(a) by providing, to the party to be consulted,
(i) notice of the matter in sufficient form and detail to allow the party to prepare its views on the matter,
(ii) a reasonable period for the party to prepare its views, and
(iii) an opportunity to present its views to the party having the duty to consult; and
(b) by considering, fully and fairly, any views so presented.
Marginal note:Consultation — Act or regulation
7.3 The Minister shall consult with the Gwich’in and Sahtu First Nations, the Tlicho Government, the Inuvialuit Regional Corporation, the territorial minister and the Board with respect to the amendment of this Act or the making or amendment of any regulation under this Act.
82. Section 10 of the Act and the heading before it are replaced by the following:
INUVIALUIT WATER BOARD
Board Established
Marginal note:Establishment
10. (1) The Inuvialuit Water Board is established.
Marginal note:Capacity
(2) The Board has, for the purposes of its functions, the capacity, rights, powers and privileges of a natural person.
Marginal note:Main office
(3) The main office of the Board shall be at any place that is in the portion of the Inuvialuit Settlement Region located in the Northwest Territories and that is designated by the Governor in Council. If no place is so designated, it shall be at Inuvik.
Marginal note:Membership
(4) The Board shall consist of five members appointed by the Minister, including the Chairperson, two members appointed on the nomination of the Inuvialuit Regional Corporation and one member appointed on the nomination of the territorial minister.
Marginal note:Chairperson — nomination by members
10.1 (1) The Chairperson of the Board shall be appointed by the Minister from persons nominated by a majority of the members of the Board.
Marginal note:Chairperson — appointment by Minister
(2) If a majority of the members of the Board does not nominate a person acceptable to the Minister within a reasonable time, the Minister may appoint any person as Chairperson.
Marginal note:Absence or incapacity of Chairperson
(3) The 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:Powers, duties and functions of Chairperson
10.2 The Chairperson of the Board is its chief executive officer and has the powers, duties and functions prescribed by the rules of the Board.
Marginal note:Quorum
10.3 A quorum of the Board consists of three members, including one of the members appointed on the nomination of the Inuvialuit Regional Corporation and one of the members not so appointed other than the Chairperson.
Marginal note:Alternate members
10.4 The Minister may appoint alternate members to act in the event of the absence or incapacity, or a vacancy in the office, of a member of the Board, including
(a) one or more persons on the nomination of the Inuvialuit Regional Corporation to act as a member when the absence or incapacity, or vacancy in the office, is in respect of a member who was appointed on such a nomination;
(b) one or more persons on the nomination of the territorial minister to act as a member when the absence or incapacity, or vacancy in the office, is in respect of a member who was appointed on such a nomination; and
(c) one or more persons to act when the absence or incapacity, or vacancy in the office, is in respect of a member other than a member referred to in paragraph (a) or (b).
Term of Office
Marginal note:Term of office
10.5 (1) Members of the Board and alternate members hold office for a term of three years.
Marginal note:Reappointment
(2) Members of the Board and alternate members may be reappointed in the same or another capacity.
Marginal note:Removal by Minister after consultation
(3) Members of the Board and alternate members may be removed from office for cause by the Minister, after consultation by the Minister with the Board. If the member or alternate member was appointed on the nomination of the Inuvialuit Regional Corporation or the territorial minister, the Minister shall also consult with the Inuvialuit Regional Corporation or the territorial minister, as the case may be.
Marginal note:Acting after expiry of term
10.6 (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, renewal, amendment or cancellation of a licence, as the case may be, the Chairperson may request in writing that the 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) A request under subsection (1) shall be made at least two months before the day on which the member’s term expires.
Marginal note:Deemed acceptance
(3) If the 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.
Remuneration
Marginal note:Remuneration and expenses — members
10.7 (1) Members of the Board are to receive the remuneration determined by the Minister for the exercise of their powers and the performance of their duties and functions and are to be paid the travel and living expenses that are incurred by them while absent from their ordinary place of residence that are consistent with Treasury Board directives for public servants.
Marginal note:Remuneration and expenses — alternate members
(2) Alternate members are not entitled to receive any remuneration unless they attend a meeting, training session or other event at the request of the Chairperson, in which case they are to receive the remuneration that is determined by the Minister, and are to be paid the travel and living expenses incurred by them while absent from their ordinary place of residence that are consistent with Treasury Board directives for public servants.
Marginal note:2003, c. 22, par. 224(z.60)(E)
83. Section 11 of the Act is replaced by the following:
Staff
Marginal note:Employment and remuneration
11. The Board may employ any employees and engage the services of any agents, advisers and experts that are necessary for the proper conduct of the business of the Board and may fix the terms and conditions of their employment or engagement and pay their remuneration.
Marginal note:2002, c. 10, s. 183
84. Section 12 and the heading before it are replaced by the following:
Marginal note:Deemed employment
11.1 The members of the Board, alternate members who attend meetings, training sessions or other events at the request of the Chairperson and employees are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.
Conflict of Interest
Marginal note:Conflict of interest — members and staff
11.2 (1) A member of the Board, an employee or an agent, adviser or expert shall not perform their functions in relation to a matter if doing so would place them in a conflict of interest.
Marginal note:Status or entitlements under Inuvialuit Final Agreement
(2) A person is not placed in a conflict of interest solely because of any status or entitlement conferred on them under the Inuvialuit Final Agreement.
Immunity
Marginal note:Acts done in good faith
11.3 No action lies against a member or an employee for anything done or omitted to be done in good faith in the performance, or purported performance, of any power, duty or function under this Act.
OBJECTS AND POWERS OF BOARD
Marginal note:Objects
12. The objects of the Board are to provide for the conservation, development and utilization of waters in a manner that will provide the optimum benefit for all Canadians in general and, in particular, for the residents of the portion of the Inuvialuit Settlement Region located in the Northwest Territories for which the Board is authorized to issue licences.
85. (1) Subsection 13(1) of the Act is replaced by the following:
Marginal note:Minister’s policy directions to Board
13. (1) The Minister may, after consultation with the Board, give written policy directions to the Board with respect to the carrying out of any of its powers, duties and functions under this Act, and the Board shall, subject to subsections (2) and (3), comply with those policy directions.
(2) Paragraph 13(2)(b) of the Act is replaced by the following:
(b) have been approved by the Board and are awaiting the approval referred to in section 18.1.
(3) Section 13 of the Act is amended by adding the following after subsection (3):
Marginal note:Notice in Canada Gazette
(3.1) Immediately after the Minister’s written policy direction is given to the Board, the Minister shall publish a notice in the Canada Gazette stating that the policy direction will be published by the Board on its Internet site. The Board shall publish the policy direction on its Internet site as soon as feasible and may also make it accessible by any other means that the Board considers appropriate.
86. (1) Subsection 14(1) of the Act is replaced by the following:
Marginal note:Issuance of licences
14. (1) Subject to this section, the Board may issue, in accordance with the criteria set out in the regulations made under paragraph 33(1)(c), type A licences and type B licences permitting the applicant for the licence, on payment of the fees prescribed by regulations made under subparagraph 33(1)(k)(i), at the times and in the manner prescribed by any applicable regulations made under paragraph 33(1)(l) or, in the absence of such regulations, at the times and in the manner set out in the licence, to use waters or deposit waste, or both, in connection with the operation of the appurtenant undertaking and in accordance with the conditions specified in the licence.
Marginal note:Term of licence
(1.1) A licence under subsection (1) may be issued for a term
(a) not exceeding 25 years, in the case of a type A licence in respect of a prescribed class of undertakings or in the case of a type B licence; or
(b) not exceeding the anticipated duration of the undertaking, in the case of a type A licence other than one described in paragraph (a).
(2) Subsection 14(6) of the Act is repealed.
87. (1) The portion of paragraph 18(1)(a) of the Act before subparagraph (i) is replaced by the following:
(a) renew a licence, with or without changes to its conditions, for a term not exceeding 25 years in the case of a type A licence in respect of a prescribed class of undertakings or in the case of a type B licence, or for a term not exceeding the anticipated duration of the undertaking in the case of any other type A licence,
(2) Subsection 18(3) of the Act is replaced by the following:
Marginal note:Application to cancel licence
(3) An application to cancel a licence must be in the form and contain the information that is prescribed by the regulations.
88. The Act is amended by adding the following after section 18:
Marginal note:Approval to issue, renew, amend or cancel licence
18.1 The Board may issue, renew, amend or cancel a licence only with the approval
(a) in the case of a type A licence, of the Minister; or
(b) in the case of a type B licence,
(i) of the Chairperson of the Board, if no public hearing is held by the Board in connection with the issuance, renewal, amendment or cancellation of the licence, or
(ii) of the Minister, if a public hearing is held by the Board in connection with the issuance, renewal, amendment or cancellation of the licence.
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