Mackenzie Valley Resource Management Act

Marginal note:Jurisdiction — water and waste

• 60 (1) A board has jurisdiction in respect of all uses of waters and deposits of waste in its management area for which a licence is required under the Northwest Territories Waters Act and may

  • (a) issue, amend, renew and cancel licences and approve the assignment of licences, in accordance with that Act, and

  • (b) exercise any other power of the Northwest Territories Water Board under that Act,

  and, for those purposes, references in that Act to that Board shall be read as references to the board.

• Marginal note:Suspension power

  (2) A board may suspend a licence for a specified period or until terms and conditions specified by the board are complied with, where the licensee contravenes a provision of the Northwest Territories Waters Act or of this Part or a term or condition of the licence.

• Marginal note:Effect outside management area

  (3) In respect of a use of waters or deposit of waste in a management area that has an effect in a region of the Northwest Territories or Nunavut outside the management area, subsections 14(4) and (5) of the Northwest Territories Waters Act apply in relation to the protection of the rights of licensees and other persons referred to in those subsections who are in such a region.

• Marginal note:Inuit-owned lands

  (3.1) Sections 15.1 to 15.5 of the Northwest Territories Waters Act apply to the board in relation to Inuit-owned lands referred to in those sections, even though those lands are outside the Mackenzie Valley.

• Marginal note:Excluded period

  (3.2) If a licence relates to a proposed development that is, under Part 5, subject to an environmental assessment, an environmental impact review or an examination of impacts on the environment that stands in lieu of an environmental impact review, then the period that is taken to complete that assessment, review or examination is not included in the calculation of the time limit under subsection 24.2(1) or 24.3(1) of the Northwest Territories Waters Act or of its extension.

• Marginal note:Suspension of time limit

  (3.3) A board may suspend a time limit referred to in subsection 24.2(1) or 24.3(1) of the Northwest Territories Waters Act or the extension of such a limit

  • (a) if the board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 14(4) of that Act, 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;

  • (b) if the board is not permitted to issue a licence except in accordance with subsection 15.1(1) of that Act, until the applicant has entered into a compensation agreement under paragraph 15.1(1)(a) of that Act or until a determination of compensation has been made under paragraph 15.1(1)(b) of that Act, as the case may be; or

  • (c) if the board determines that the applicant is required to enter into a compensation agreement under section 77 or 79.1, until the applicant satisfies the board that they have done so or the board has determined, under section 79 or 79.3, the compensation payable by the applicant.

• Marginal note:Northwest Territories Waters Act

  (4) Despite subsection (1), 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 under that Act, sections 27 to 28.2, subsection 37(2) and sections 44.01 to 44.3 of the Northwest Territories Waters Act do not apply in respect of a management area.

• Marginal note:Northwest Territories Waters Act

  (5) Notwithstanding subsection (1), section 31 of the Northwest Territories Waters Act does not apply in respect of first nation lands or Tlicho lands.