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

Marginal note:Amendment of plan

• 48 (1) A planning board may, on application or on its own motion, adopt any amendments to a land use plan that the planning board considers necessary.

• Marginal note:Adoption and approval

  (2) Sections 42 and 43 apply, with such modifications as are required, in respect of any amendment to a land use plan.

Marginal note:Record keeping and access

• 49 (1) A planning board shall

  • (a) keep a public record of all applications made to it and all decisions made by it;

  • (b) furnish, on request and on the payment of a fee prescribed under subsection (2), copies of a land use plan or of any decision made by it; and

  • (c) have the custody and care of all documents filed with it.

• Marginal note:Fees

  (2) A planning board may, subject to the approval of the federal Minister, make rules prescribing fees for copies furnished pursuant to paragraph (1)(b), not exceeding the cost of furnishing them.

Comprehensive Review

Marginal note:Periodic review

50 A planning board shall carry out a comprehensive review of a land use plan not later than five years after the plan takes effect and thereafter every five years or at any other intervals agreed to by the federal Minister, the territorial Minister and the first nation of the settlement area.

Policy Directions

Marginal note:Minister’s policy directions to board

• 50.1 (1) The federal Minister may, after consultation with a planning board, give written policy directions that are binding on the planning board with respect to the exercise of any of its functions under this Act.

• Marginal note:Limitation

  (2) Policy directions do not apply in respect of an application referred to in paragraph 44(b), a referral or application under subsection 47(1) or a proposed amendment to a land use plan under subsection 48(1) that, at the time the directions are given, is before the planning board.

• Marginal note:Conflict

  (3) If there is a conflict between the policy directions given under this section and the provisions of any Act of Parliament, any regulations made under an Act of Parliament or any territorial law, those provisions prevail to the extent of the conflict.

PART 3Land and Water Regulation

Interpretation and Application

Marginal note:Definitions

51 The definitions in this section apply in this Part.

appurtenant undertaking

appurtenant undertaking means the work described in a licence. (entreprise en cause)

authorized user

authorized user means a person who uses waters without a licence but under the authority of regulations made under paragraph 90.3(1)(m). (usager agréé)

authorized waste depositor

authorized waste depositor means a person who deposits waste without a licence but under the authority of regulations made under paragraph 90.3(1)(n). (personne autorisée à déposer des déchets)

board

board means the Gwich’in Land and Water Board, the Sahtu Land and Water Board or the Wekeezhii Land and Water Board established by sections 54, 56 and 57.1, respectively. (office)

domestic user

domestic user means a person who uses waters

• (a) for household requirements, including sanitation and fire prevention;

• (b) for the watering of domestic animals; or

• (c) for the irrigation of a garden adjoining a dwelling-house that is not ordinarily used in the growth of produce for a market. (usager domestique)

federal area

federal area means any lands under the administration and control of a minister of the Government of Canada and any land on which is situated a waste site for which the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — is the responsibility of the Government of Canada. (zone fédérale)

first nation lands

first nation lands, in relation to a first nation, means

• (a) settlement lands of the first nation; or

• (b) lands situated within the boundaries of a local government and referred to in the first nation’s land claim agreement as municipal lands. (terres d’une première nation)

instream user

instream user means a person who uses waters, otherwise than as described in paragraph (a), (b) or (c) of the definition use, to earn income or for subsistence purposes. (usager ordinaire)

land

land means the surface of land. (terres)

licence

licence means

• (a) with respect to a federal area, a type A or type B licence permitting the use of waters or the deposit of waste, or both, issued by a board under this Part; or

• (b) with respect to lands outside a federal area, a type A or type B licence, or any other licence relating to the use of waters or the deposit of waste, or both, issued by a board under this Part in accordance with any territorial law. (permis d’utilisation des eaux)

management area

management area means an area in respect of which a board has been established, namely,

• (a) in the case of the Gwich’in Land and Water Board, the area described in appendix A to the Gwich’in Agreement;

• (b) in the case of the Sahtu Land and Water Board, the area described in appendix A to the Sahtu Agreement; and

• (c) in the case of the Wekeezhii Land and Water Board, Wekeezhii. (zone de gestion)

permit

permit means a permit for the use of land issued by a board under this Part, and “permittee” has a corresponding meaning. (permis d’utilisation des terres)

use

use, in relation to waters, means a direct or indirect use of any kind other than a use connected with shipping activities that are governed by the Canada Shipping Act, 2001, including

• (a) any diversion or obstruction of waters;

• (b) any alteration of the flow of waters; and

• (c) any alteration of the bed or banks of a river, stream, lake or other body of water, whether or not the body of water is seasonal. (utilisation)

waste

waste means any substance that would, to an extent that is detrimental to its use by people or by any animal, fish or plant, degrade or alter or form part of a process of degradation or alteration of the quality of any water to which it is added. Alternatively, it means any water that contains a substance in such a quantity or concentration or that has been so treated, processed or changed, by heat or other means, that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that other water to which it is added. It includes

• (a) any substance or water that is deemed, under subsection 2(2) of the Canada Water Act, to be waste;

• (b) any substance or class of substances prescribed by regulations made under subparagraph 90.3(1)(b)(i);

• (c) water that contains any substance or class of substances in a quantity or concentration that is equal to or greater than a quantity or concentration prescribed in respect of that substance or class of substances by regulations made under subparagraph 90.3(1)(b)(ii); and

• (d) water that has been subjected to a treatment, process or change prescribed by regulations made under subparagraph 90.3(1)(b)(iii). (déchet)

waste site

waste site has the same meaning as Waste Site in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013. (décharge publique)

water authority

water authority means a board or other authority having jurisdiction in relation to the use of waters or the deposit of waste in any portion of the Northwest Territories or Nunavut. (autorité de gestion des eaux)

water management area

water management area means a water management area established by the Governor in Council by regulations made under subparagraph 90.3(1)(a)(i). (zone de gestion des eaux)

waters

waters means any inland waters, whether in a liquid or frozen state, on or below the surface of land. (eaux)