Mackenzie Valley Resource Management Act (S.C. 1998, c. 25)

Marginal note:Consultation

3 Wherever in this Act reference is made, in relation to any matter, to a power or duty to consult, that power or duty 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 those views, and

  • (iii) an opportunity to present those views to the party having the power or duty to consult; and

• (b) by considering, fully and impartially, any views so presented.

Marginal note:Delegation

• 4 (1) The federal Minister may delegate, in writing, any of his or her powers, duties or functions under this Act — either generally or as otherwise provided in the instrument of delegation — to the minister of the Northwest Territories designated by the Commissioner of the Northwest Territories for the purposes of this section.

• Marginal note:Included functions

  (2) The functions of the federal Minister referred to in subsection (1) include the power to delegate duties pursuant to section 122.

• Marginal note:Delegation to aboriginal organizations

  (3) A first nation may, in conformity with its land claim agreement, delegate any of the functions of the first nation under this Act to an aboriginal organization designated by it.

• Marginal note:Delegation by Tlicho Government

  (4) The Tlicho Government may, in conformity with the Tlicho Agreement, delegate any of its functions under this Act to

  • (a) a body or office established by a Tlicho law;

  • (b) any department, agency or office of the federal or the territorial government;

  • (c) a board or other public body established by or under an Act of Parliament or by a territorial law; or

  • (d) a local government.

• Marginal note:Delegation by Déline Got’ine Government

  (5) The Déline Got’ine Government may, in conformity with the Déline Agreement, delegate any of its functions under this Act to

  • (a) a body or office established by a Déline law;

  • (b) a department, agency or office of the federal or the territorial government;

  • (c) a board or other public body established by or under an Act of Parliament or by a territorial law; or

  • (d) any other entity.

Marginal note:Conflict

• 5 (1) If there is any inconsistency or conflict between this Act and a land claim agreement, the Déline Agreement, an Act giving effect to any of those agreements or the Indian Act, then the land claim agreement, the Déline Agreement, the Act or the Indian Act prevails over this Act to the extent of the inconsistency or conflict.

• Marginal note:Aboriginal rights

  (2) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

Marginal note:Agreement between Tlicho Government and another aboriginal people

5.1 The rights of the Tlicho First Nation, Tlicho citizens and the Tlicho Government under this Act are subject to the provisions of any agreement entered into between the Tlicho Government and an aboriginal people, other than the Tlicho First Nation, under 2.7.3 of chapter 2 of the Tlicho Agreement.

Marginal note:Time limits

• 5.2 (1) The failure of any of the following to exercise a power or perform a duty or function within a period or time limit fixed or prescribed 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 the performance of such duty or function:

  • (a) the federal Minister;

  • (b) the Gwich’in Land Use Planning Board;

  • (c) the Sahtu Land Use Planning Board;

  • (d) the Gwich’in Land and Water Board;

  • (e) the Sahtu Land and Water Board;

  • (f) the Wekeezhii Land and Water Board;

  • (g) the Mackenzie Valley Land and Water Board;

  • (h) a responsible minister, as defined in section 111;

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

  • (j) a joint panel established under subsection 140(2) or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 40(2) of the Impact Assessment Act; and

  • (k) a designated regulatory agency, as defined in section 111.

• Marginal note:Exception

  (2) Subsection (1) does not apply with respect to

  • (a) the periods fixed by regulations referred to in subsections 138.1(2), (3) and (4) and 141(4); and

  • (b) any other period or time limit fixed by regulations that is exempted from the application of subsection (1) by regulation.

• Marginal note:Regulations

  (3) The Governor in Council may, by regulation, exempt a period or time limit set out in the regulations, other than those referred to in paragraph 2(a), from the application of subsection (1).

Application and Consultation

Marginal note:Application

6 Except where otherwise provided, this Act applies in the Mackenzie Valley.

Marginal note:Application to Her Majesty

7 This Act is binding on Her Majesty in right of Canada or a province, except that Her Majesty in right of Canada is not required to pay any fee prescribed by regulations made under paragraph 90.3(1)(k) or subparagraph 90.3(2)(a)(i).

Marginal note:Waters vested in Her Majesty

7.1 Subject to any rights, powers or privileges granted or preserved under the Dominion Water Power Act, the property in and the right to the use and flow of all waters are vested in Her Majesty in right of Canada.

Marginal note:Other Acts, etc., to be complied with

7.2 For greater certainty, nothing in this Act, the regulations or a licence or permit, as defined in section 51, authorizes a person to contravene or fail to comply with any other Act or any regulation or order made under it, except as provided in that other Act, regulation or order.

Marginal note:Consultation

• 8 (1) The federal Minister shall consult the first nations, the Tlicho Government and the Déline Got’ine Government with respect to the amendment of this Act.

• Marginal note:Review of Act

  (2) The federal Minister shall, in the course of any negotiations with a first nation relating to self-government, review the pertinent provisions of this Act in consultation with that first nation.

PART 1General Provisions Respecting Boards

Establishment and Organization

Definition of board

9 In this Part, board means any board established by this Act.