Mackenzie Valley Resource Management Act

Marginal note:Application to water authority

• 78 (1) If the Gwich’in Land and Water Board or the Sahtu Land and Water Board determines that a use of waters or a deposit of waste that is proposed, in an application made to a water authority, to be carried out in

  • (a) an area of the Northwest Territories or Nunavut outside the board’s management area, or

  • (b) a park to which the Canada National Parks Act applies, or lands acquired pursuant to the Historic Sites and Monuments Act, in the board’s management area

  would be likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through first nation lands of the Gwich’in or Sahtu First Nation or waters adjacent to those first nation lands, the board shall notify the water authority in writing of its determination.

• Marginal note:Access to information

  (2) A water authority shall provide a board with such information in its possession as the board requires in order to make a determination under subsection (1).

• Marginal note:Conditions for authorization

  (3) Notwithstanding any other Act, a water authority that is notified by a board under subsection (1) may not authorize the proposed use of waters or deposit of waste unless

  • (a) the applicant and the first nation have entered into an agreement to compensate the first nation for any loss or damage resulting from the alteration; or

  • (b) the applicant or the first nation applies to the board for a determination pursuant to subsection 79(1).