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

Act current to 2022-09-22 and last amended on 2019-08-28. Previous Versions

PART 2Land Use Planning (continued)

Policy Directions

Marginal note:Minister’s policy directions to board

  •  (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.

  • 2014, c. 2, s. 131

PART 3Land and Water Regulation

Interpretation and Application

Marginal note:Definitions

 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)

  • 1998, c. 15, s. 48, c. 25, s. 51
  • 2005, c. 1, s. 29
  • 2014, c. 2, s. 132

Marginal note:National parks and historic sites

  •  (1) This Part, except sections 78, 79, 79.2 and 79.3, does not apply in respect of the use of land or waters or the deposit of waste within a park to which the Canada National Parks Act applies or within lands acquired pursuant to the Historic Sites and Monuments Act.

  • Marginal note:Consultation with board

    (2) Notwithstanding subsection (1), an authority responsible for authorizing uses of land or waters or deposits of waste in a portion of a management area excluded by that subsection from the application of this Part shall consult the board established for that management area before authorizing any such use or deposit.

  • Marginal note:Consultation with authority

    (3) A board shall consult a responsible authority referred to in subsection (2) before issuing a licence, permit or authorization for a use of land or waters or deposit of waste that may have an effect in the portion of the management area in which the authority is responsible.

  • 1998, c. 25, s. 52
  • 2000, c. 32, s. 53
  • 2005, c. 1, s. 30

Marginal note:Local government

  •  (1) This Part does not apply in respect of the use of land within the boundaries of a local government to the extent that the local government regulates that use.

  • Marginal note:Agreement

    (2) The board established for a settlement area and the territorial Minister shall, in consultation with each local government, jointly determine the extent to which the local government regulates the use of land within its boundaries for the purposes of subsection (1).

  • Marginal note:Dissemination

    (3) A determination under subsection (2) shall be made available to the public at the main office of the board and that of the local government.

Marginal note:Federal area — addition

  •  (1) If the Government of Canada becomes responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the board in writing of the lands on which the waste site is situated.

  • Marginal note:Federal area — deletion

    (2) If the Government of Canada ceases to be responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the board in writing.

  • 2014, c. 2, s. 135

Gwich’in Land and Water 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 and Water 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 and Water 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 and Water 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.

Wekeezhii Land and Water Board

Marginal note:Board established

  •  (1) There is hereby established, in respect of Wekeezhii, a board to be known as the Wekeezhii Land and Water Board.

  • Marginal note:Membership

    (2) The Board shall consist of five members including, apart from the chairperson, two members who, subject to any agreement between the Tlicho Government and an aboriginal people of Canada to whom section 35 of the Constitution Act, 1982 applies, other than the Tlicho First Nation, are appointed by the Tlicho Government and one member who is appointed on the nomination of the territorial Minister.

  • Marginal note:Consultation

    (3) The federal Minister and the Tlicho Government shall consult each other before making their appointments.

  • Marginal note:Quorum

    (4) A quorum of the Board consists of three members, or any larger number that is determined by the Board, including one of the members appointed by the Tlicho Government or in accordance with any agreement referred to in subsection (2) and one of the members appointed by the federal Minister, other than the chairperson.

  • 2005, c. 1, s. 31

Marginal note:Main office

 The main office of the Board shall be located in Wekeezhii.

  • 2005, c. 1, s. 31

General Provisions

Marginal note:Acting after expiry of term

  •  (1) If the chairperson of a board is of the opinion that it is necessary for a member of that board to continue to act after the expiry of the member’s term in order for the board to make a decision in relation to the issuance, amendment, renewal or cancellation of a permit or licence, as the case may be, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that matter until a decision is made. For the purpose of the appointment of a replacement, the office of the member is deemed to be vacant as soon as their term expires.

  • Marginal note:Request

    (2) The request shall be made at least two months before the day on which the member’s term expires.

  • Marginal note:Deemed acceptance

    (3) If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.

Marginal note:Objectives — Gwich’in and Sahtu Land and Water Boards

 The Gwich’in Land and Water Board and the Sahtu Land and Water Board shall regulate the use of land and waters and the deposit of waste so as to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit for residents of their respective management areas and of the Mackenzie Valley and for all Canadians.

  • 1998, c. 25, s. 58
  • 2005, c. 1, s. 32

Marginal note:Objectives — Wekeezhii Land and Water Board

 The Wekeezhii Land and Water Board shall regulate the use of land and waters and the deposit of waste so as to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit generally for all Canadians and in particular for residents of its management area.

  • 2005, c. 1, s. 32
 
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