Northwest Territories Devolution Act (S.C. 2014, c. 2)
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Assented to 2014-03-25
PART 31992, c. 39NORTHWEST TERRITORIES WATERS ACT
Amendments to the Act
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.
89. The Act is amended by adding the following after section 23:
Marginal note:Notice — on Board’s initiative
23.1 (1) The Board shall give notice of its intention to consider, on its own initiative, the renewal of a licence under subparagraph 18(1)(a)(ii), or the amendment of a condition of a licence under subparagraph 18(1)(b)(ii) or (iii), by publishing a notice in a newspaper of general circulation in the area affected or, if there is not such a newspaper, in any other manner that the Board considers appropriate.
Marginal note:Exception
(2) Subsection (1) does not apply in respect of an application for the amendment of a licence if the Board, with the consent of the Minister, declares the amendment to be required on an emergency basis.
90. (1) Paragraph 24(b) of the Act is replaced by the following:
(b) the powers, duties and functions of the Chairperson of the Board;
(b.1) the circumstances in which an alternate member is to perform the powers, duties and functions of a member who is absent or incapacitated or whose office is vacant and the process for selecting among alternate members;
(b.2) in the case of a member whose term has expired, the circumstances in which a member may continue to perform their powers, duties and functions in relation to a matter involving a public hearing until a decision is made by the Board;
(2) Paragraph 24(d) of the Act is replaced by the following:
(d) any other matter concerning the carrying on of its work, the conduct and management of its internal affairs, and the powers, duties and functions of its officers and employees and its agents, advisers and experts.
91. The Act is amended by adding the following after section 24:
TIME LIMITS
Authority to Act
Marginal note:Authority, etc.
24.1 The failure of the Minister or the Board to exercise a power or perform a duty or function within a time limit under this Act does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise of such a power or performance of such a duty or function.
Decisions by Board and Approvals
Marginal note:Type A licence and type B licence if public hearing held
24.2 (1) In the case of an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or in the case when the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 23.1(1).
Marginal note:Referral to Minister for approval
(2) If the Board decides to issue, renew or amend the licence, that decision shall be immediately referred to the Minister for approval.
Marginal note:Decision of Minister and reasons
(3) The Minister shall, within 45 days after the Board’s decision is referred to him or her, notify the Board whether or not the decision is approved and, if it is not approved, provide written reasons in the notification.
Marginal note:Extension of time limit
(4) The Minister may extend that time limit by not more than an additional 45 days, if the Minister notifies the Board of the extension within the first 45 days.
Marginal note:Absence of decision
(5) If the Minister does not notify the Board whether or not the decision is approved within the time limit referred to in subsection (3) or (4), whichever is applicable, the Minister is deemed to have given approval.
Marginal note:Other type B licences
24.3 (1) In the case of an application for the issuance, renewal or amendment of a type B licence in connection with which no public hearing is held or in the case when the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 23.1(1).
Marginal note:Referral to Chairperson
(2) If the Board decides to issue, renew or amend the licence, that decision shall be immediately referred to the Chairperson for his or her approval.
Marginal note:Chairperson’s decision
(3) The Chairperson must, without delay after the Board’s decision is referred to him or her, notify the Board whether or not the decision is approved.
Marginal note:Day on which application is made
24.4 An application is considered to be made on the day on which the Board is satisfied that the application is in the form, and contains all of the information, that is prescribed by the regulations.
Excluded Periods
Marginal note:Excluded period
24.5 If the Board requires an applicant or a licensee to provide information or studies, then the period taken by the applicant or licensee, in the Board’s opinion, to provide the required information or studies is not included in the calculation of the time limit under subsection 24.2(1) or 24.3(1) or of an extension of the time limit.
Marginal note:Suspension of time limit
24.6 The Board may suspend the time limit referred to in subsection 24.2(1) or 24.3(1) or the extension of such a limit
(a) if the proposed use of waters or deposit of waste is part of a development in respect of which an environmental screening, environmental assessment or environmental impact review is required under an Act of Parliament or the Inuvialuit Final Agreement, until the screening, assessment or review is completed;
(b) if the Board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 14(4), until the applicant satisfies the Board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;
(c) if the board is not permitted to issue a licence except in accordance with subsection 15.1(1), until the applicant has entered into a compensation agreement under paragraph 15.1(1)(a) or until a determination of compensation has been made under paragraph 15.1(1)(b), as the case may be; or
(d) if the Board receives notice under subsection 78(1) or 79.2(1) of the Mackenzie Valley Resource Management Act, until the requirements of subsection 78(3) or 79.2(3) of that Act, as the case may be, have been met.
Extensions
Marginal note:Extension of time limit by Minister
24.7 (1) The Minister may, at the request of the Board, extend the time limit referred to in subsection 24.2(1) or 24.3(1) by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.
Marginal note:Extension of time limit by Governor in Council
(2) The Governor in Council may, by order, on the recommendation of the Minister, further extend, any number of times, the time limit extended under subsection (1).
- Date modified: