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

Act current to 2022-09-11 and last amended on 2019-08-28. Previous Versions

PART 1General Provisions Respecting Boards (continued)

By-laws, Rules and Other Instruments (continued)

Marginal note:Rules

  •  (1) Subject to any other provisions of this Act, a board may make rules

    • (a) respecting its practice and procedure in relation to applications to the board and their disposition, including the service of documents, the imposition of reasonable time limits and the submission of comments by the public; and

    • (b) for preventing trade secrets and information described in section 20 of the Access to Information Act from being disclosed or made public as a result of their being used as evidence before the board, including rules providing for hearings to be held in private.

  • Marginal note:Publication of notice

    (2) Before making rules under this section, a board shall publish notice of its intention in the Canada Gazette and in a newspaper circulated in the Mackenzie Valley, inviting interested persons to submit written representations to the board with respect to the proposed rules within thirty days after the publication of notice.

  • Marginal note:No further notice

    (3) Where notice is published under subsection (2), further notice need not be published if the proposed rules are amended solely in response to representations submitted to the board.

Marginal note:Statutory Instruments Act

  •  (1) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules under section 30, a land use plan or amendment to a land use plan under Part 2, rules under subsection 49(2), guidelines or policies under section 65, policy directions under subsection 50.1(1) or 83(1), (2) or (2.1), directions under section 106, policy directions under section 109 or 109.1 or subsection 142.2(1) or guidelines under section 120.

  • Marginal note:Notice in Canada Gazette

    (2) A notice shall be published in the Canada Gazette immediately after policy directions are received by a board, a land use plan or amendment thereto is approved, or any other instrument referred to in subsection (1) is made or issued, stating that copies thereof are available to the public at the main office of the board and at such other locations as the board considers appropriate.

  • Marginal note:Statutory Instruments Act

    (3) For greater certainty, licences and permits issued by a board under Part 3 or 4, either before or after the coming into force of this subsection, as enacted by subsection 128(3) of the Northwest Territories Devolution Act, are not statutory instruments as defined in the Statutory Instruments Act.

  • 1998, c. 25, s. 31
  • 2005, c. 1, s. 27
  • 2014, c. 2, s. 128
  • 2015, c. 24, s. 28

Jurisdiction of Courts

Marginal note:Exclusive original jurisdiction

 Despite section 18 of the Federal Courts Act, the Supreme Court of the Northwest Territories has exclusive original jurisdiction to hear and determine an application for any relief against a board by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition by the Attorney General of Canada, the Attorney General of the Northwest Territories or anyone directly affected by the matter in respect of which relief is sought.

  • 1998, c. 25, s. 32
  • 2002, c. 8, s. 182
  • 2005, c. 1, s. 28
  • 2014, c. 2, s. 129

PART 2Land Use Planning

Interpretation and Application

Definition of planning board

 In this Part, planning board means the Gwich’in Land Use Planning Board or the Sahtu Land Use Planning Board established by sections 36 and 38, respectively.

Marginal note:Application of Part 2

 Subject to subsection 46(2), this Part does not apply in respect of lands in a settlement area that comprise a park to which the Canada National Parks Act applies, that have been acquired pursuant to the Historic Sites and Monuments Act or that are situated within the boundaries of a local government.

  • 1998, c. 25, s. 34
  • 2000, c. 32, s. 51

Marginal note:Guiding principles

 Land use planning for a settlement area shall be guided by the following principles:

  • (a) the purpose of land use planning is to protect and promote the social, cultural and economic well-being of residents and communities in the settlement area, having regard to the interests of all Canadians;

  • (b) special attention shall be devoted to the rights of the Gwich’in and Sahtu First Nations under their land claim agreements, to protecting and promoting their social, cultural and economic well-being and to the lands used by them for wildlife harvesting and other resource uses; and

  • (c) land use planning must involve the participation of the first nation and of residents and communities in the settlement area.

Gwich’in Land Use Planning Board

Marginal note:Board established

  •  (1) There is hereby established, in respect of the settlement area referred to in the Gwich’in Agreement, a board to be known as the Gwich’in Land Use Planning Board.

  • Marginal note:Membership

    (2) The Board shall consist of five members including, apart from the chairperson, two members appointed on the nomination of the Gwich’in First Nation and one member appointed on the nomination of the territorial Minister.

  • Marginal note:Quorum

    (3) A quorum of the Board consists of three members, including one of the members appointed on the nomination of the Gwich’in First Nation and one of the members not so appointed other than the chairperson.

Marginal note:Main office

 The main office of the Board shall be located in the settlement area referred to in the Gwich’in Agreement.

Sahtu Land Use Planning Board

Marginal note:Board established

  •  (1) There is hereby established, in respect of the settlement area referred to in the Sahtu Agreement, a board to be known as the Sahtu Land Use Planning Board.

  • Marginal note:Membership

    (2) The Board shall consist of five members including, apart from the chairperson, two members appointed on the nomination of the Sahtu First Nation and one member appointed on the nomination of the territorial Minister.

  • Marginal note:Quorum

    (3) A quorum of the Board consists of three members, including one of the members appointed on the nomination of the Sahtu First Nation and one of the members not so appointed other than the chairperson.

Marginal note:Main office

 The main office of the Board shall be located in the settlement area referred to in the Sahtu Agreement.

Land Use Planning

Marginal note:Objectives and other factors

 The planning board for a settlement area shall, after consultation with the federal Minister, the territorial Minister and the first nation of the settlement area, determine the objectives to be considered and the other factors to be taken into account in the preparation of a land use plan for the settlement area.

Marginal note:Preparation of land use plan

  •  (1) A planning board shall prepare and adopt a land use plan for submission and approval under section 43.

  • Marginal note:Purpose of land use plan

    (2) A land use plan shall provide for the conservation, development and use of land, waters and other resources in a settlement area.

  • Marginal note:Contents of land use plan

    (3) A land use plan may include

    • (a) maps, diagrams and other graphic materials;

    • (b) written statements, policies, guidelines and forecasts;

    • (c) descriptions of permitted and prohibited uses of land, waters and resources;

    • (d) authority for the planning board to make exceptions to the plan and the manner of exercising that authority; and

    • (e) any other information that the planning board considers appropriate.

  • Marginal note:Settlement lands

    (4) A planning board shall take into consideration a land use plan proposed by the first nation for its settlement lands in the settlement area, and may incorporate that plan into the land use plan for the settlement area.

Marginal note:Public notice

  •  (1) A planning board shall publish in the settlement area and in adjoining settlement areas in the Mackenzie Valley a notice inviting interested persons to examine at specified times and places a draft of the land use plan prepared by it.

  • Marginal note:Public hearings

    (2) A planning board may hold public hearings in relation to a proposed land use plan after publishing in the settlement area and in adjoining settlement areas in the Mackenzie Valley a notice specifying the times and places of the hearings and the procedure to be followed.

  • 1998, c. 25, s. 42
  • 2014, c. 2, s. 130(F)

Marginal note:Submission to first nation and Ministers

  •  (1) Following the adoption of a land use plan, the planning board shall submit it to the first nation of the settlement area, the territorial Minister and the federal Minister.

  • Marginal note:Approval by first nation

    (2) Where a first nation approves a land use plan, it shall notify the federal Minister and the territorial Minister in writing of the approval.

  • Marginal note:Territorial approval

    (3) On being notified pursuant to subsection (2), the territorial Minister may approve the land use plan, and in that case shall notify the first nation and the federal Minister in writing.

  • Marginal note:Federal approval

    (4) On being notified under subsections (2) and (3), the federal Minister may approve the land use plan, which takes effect on the date of its approval by the federal Minister.

  • Marginal note:Objections to plan

    (5) Where a party to which a land use plan is submitted does not approve the plan, that party shall notify the other parties and the planning board, in writing, of the reasons for not approving the plan.

  • Marginal note:Reconsideration of plan

    (6) After a planning board has considered any reasons provided to it under subsection (5) and made any modifications to the land use plan that it considers desirable, it shall submit the plan for approval as provided in subsection (1).

Marginal note:Functions after plan approval

 Subsequent to the approval of a land use plan, a planning board shall

  • (a) monitor the implementation of the plan; and

  • (b) where so authorized by the plan, consider applications for exceptions to the plan.

Marginal note:Cooperative planning

  •  (1) The planning board for a settlement area may cooperate with any body responsible for land use planning in any other area, either within or outside the Northwest Territories, that is adjacent to the settlement area.

  • Marginal note:Joint land use plans

    (2) A planning board may, in conjunction with a body referred to in subsection (1), prepare a land use plan for the settlement area and an adjacent area of the Mackenzie Valley, which shall be subject to the requirements of this Part in respect of the portion of the plan relating to the settlement area.

Compliance with Plans

Marginal note:First nations, governments and licensing bodies

  •  (1) The Gwich’in and Sahtu First Nations, departments and agencies of the federal and territorial governments, and every body having authority under any federal or territorial law to issue licences, permits or other authorizations relating to the use of land or waters or the deposit of waste, shall carry out their powers in accordance with the land use plan applicable in a settlement area.

  • Marginal note:National parks and historic sites

    (2) In particular, measures carried out by a department or agency of government leading to the establishment of a park subject to the Canada National Parks Act, and the acquisition of lands pursuant to the Historic Sites and Monuments Act, in a settlement area shall be carried out in accordance with the applicable land use plan.

  • 1998, c. 25, s. 46
  • 2000, c. 32, s. 52

Marginal note:Determination of conformity

  •  (1) A planning board shall determine whether an activity is in accordance with a land use plan where

    • (a) the activity is referred to the planning board by a first nation or a department or agency of the federal or territorial government or by the body having authority under any federal or territorial law to issue a licence, permit or other authorization in respect of the activity; or

    • (b) an application for such a determination is made by any person directly affected by an activity for which an application has been made for a licence, permit or authorization.

  • Marginal note:Time of referral

    (2) The referral or application must be made before the issuance of any licence, permit or other authorization required for the activity.

  • Marginal note:Transmission of decision

    (3) A planning board shall transmit its decision to the first nation, department, agency, body or person that made a referral or application under subsection (1).

  • Marginal note:Final decision

    (4) Subject to section 32, a decision of a planning board under this section is final and binding.

Marginal note:Amendment of plan

  •  (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

  •  (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

 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.

 
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