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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 3Land and Water Regulation (continued)

General Provisions (continued)

Marginal note:Jurisdiction — land

  •  (1) A board has jurisdiction in respect of all uses of land in its management area for which a permit is required under this Part and may, in accordance with the regulations, issue, amend, renew, suspend and cancel permits and authorizations for the use of land, and approve the assignment of permits.

  • Marginal note:Subsurface rights

    (2) For greater certainty, the jurisdiction of a board under subsection (1) includes a use of land that is required for the exercise of subsurface rights.

  • 1998, c. 25, s. 59
  • 2005, c. 1, s. 33

Marginal note:Jurisdiction — water and waste in federal area

  •  (1) A board has jurisdiction in respect of all uses of waters and deposits of waste in a federal area in its management area for which a licence is required under this Part and may, in accordance with the regulations, issue, amend, renew and cancel licences and approve the assignment of licences.

  • Marginal note:Jurisdiction — water and waste outside federal area

    (1.1) A board has jurisdiction in respect of all uses of waters and deposits of waste on lands outside a federal area in its management area for which a licence is required under any territorial law and may, in accordance with that law,

    • (a) issue, amend, renew, suspend and cancel licences and approve the assignment of licences;

    • (b) include in a licence any conditions it considers appropriate;

    • (c) determine the term of a licence;

    • (d) determine the appropriate compensation to be paid by an applicant for a licence, or by a licensee who applies for an amendment or renewal of their licence, to persons who would be adversely affected by the proposed use of waters or deposit of waste;

    • (e) require an applicant for a licence, a licensee or a prospective assignee of a licence to furnish and maintain security; and

    • (f) on the request of a person who is subject to an order made by an inspector, review that order and confirm, vary or revoke it.

  • Marginal note:Suspension power

    (2) A board may suspend a licence in respect of a federal area for a specified period, or until terms and conditions specified by it are complied with, if the licensee contravenes a provision of this Part or a term or condition of the licence.

  • 1998, c. 15, s. 48, c. 25, s. 60
  • 2002, c. 10, s. 178
  • 2005, c. 1, s. 34
  • 2014, c. 2, ss. 110, 138, 139

Marginal note:Considerations

 In exercising its powers, a board shall consider

  • (a) the importance of conservation to the well-being and way of life of the aboriginal peoples of Canada to whom section 35 of the Constitution Act, 1982 applies and who use an area of the Mackenzie Valley; and

  • (b) any traditional knowledge and scientific information that is made available to it.

  • 2005, c. 1, s. 35

Marginal note:Conformity with land use plan — Gwich’in and Sahtu Boards

  •  (1) The Gwich’in Land and Water Board and the Sahtu Land and Water Board may not issue, amend or renew a licence, permit or authorization except in accordance with an applicable land use plan under Part 2.

  • Marginal note:Conformity with land use plan — Wekeezhii Board

    (2) The Wekeezhii Land and Water Board may not issue, amend or renew a licence, permit or authorization except in accordance with any land use plan, established under a federal, territorial or Tlicho law, that is applicable to any part of its management area.

  • 1998, c. 25, s. 61
  • 2005, c. 1, s. 35

Marginal note:Conformity with Tlicho laws — Wekeezhii Board

 The Wekeezhii Land and Water Board may not exercise its discretionary powers relating to the use of Tlicho lands except in accordance with any Tlicho laws enacted under 7.4.2 of chapter 7 of the Tlicho Agreement.

  • 2005, c. 1, s. 35

Marginal note:Requirements of Part 5

 A board may not issue a licence, permit or authorization for the carrying out of a proposed development within the meaning of Part 5 unless the requirements of that Part have been complied with, and every licence, permit or authorization so issued shall include any conditions that are required to be included in it pursuant to a decision made under that Part.

Marginal note:Copies of applications

  •  (1) A board shall provide a copy of each application made to the board for a licence or permit to the owner of any land to which the application relates and to appropriate departments and agencies of the federal and territorial governments.

  • Marginal note:Notice of applications

    (2) A board shall notify affected communities and first nations of an application made to the board for a licence, permit or authorization and allow a reasonable period of time for them to make representations to the board with respect to the application.

  • Marginal note:Notice to Tlicho Government

    (3) The Wekeezhii Land and Water Board shall notify the Tlicho Government of an application made to the Board for a licence, permit or authorization and allow a reasonable period of time for it to make representations to the Board with respect to the application.

  • Marginal note:Consultation with Tlicho Government

    (4) The Wekeezhii Land and Water Board shall consult the Tlicho Government before issuing, amending or renewing any licence, permit or authorization for a use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters.

  • Marginal note:Consultation with Déline Got’ine Government

    (5) The Sahtu Land and Water Board shall consult the Déline Got’ine Government before issuing, amending or renewing any licence, permit or authorization for a use of Déline lands or waters on those lands or a deposit of waste on those lands or in those waters.

  • 1998, c. 25, s. 63
  • 2005, c. 1, s. 36
  • 2015, c. 24, s. 29

Marginal note:Heritage resources

  •  (1) A board shall seek and consider the advice of any affected first nation and, in the case of the Wekeezhii Land and Water Board, the Tlicho Government and any appropriate department or agency of the federal or territorial government respecting the presence of heritage resources that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.

  • Marginal note:Wildlife resources

    (2) A board shall seek and consider the advice of the renewable resources board established by the land claim agreement applicable in its management area respecting the presence of wildlife and wildlife habitat that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.

  • 1998, c. 25, s. 64
  • 2005, c. 1, s. 37

Marginal note:Guidelines and policies — permits

  •  (1) Subject to the regulations, a board may establish guidelines and policies respecting permits and other authorizations, including their issuance under this Part.

  • Marginal note:Guidelines and policies — licences

    (2) Subject to the regulations and any territorial law, a board may establish guidelines and policies respecting licences, including their issuance under this Part.

  • 1998, c. 25, s. 65
  • 2014, c. 2, s. 140

Marginal note:Copies of licences and permits

 A board shall provide the federal Minister with copies of licences, permits and authorizations issued under this Part and of decisions and orders relating to them.

Marginal note:Final decision

 Subject to sections 32 and 72.13, subsections 125(1.2) and (4) and any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of a board is final and binding.

Marginal note:Public register

  •  (1) A board shall maintain at its main office, in any form that is prescribed by the regulations, a register convenient for use by the public in which shall be entered, for each application received and each licence or permit issued, the information prescribed by the regulations.

  • Marginal note:Register to be open to inspection

    (2) The register shall be open to inspection by any person during the board’s normal business hours, subject to the payment of any fee prescribed by the regulations.

  • Marginal note:Copies of contents of register

    (3) A board shall, on request and on payment of any fee prescribed by the regulations, make available copies of information contained in the register.

  • 1998, c. 25, s. 68
  • 2005, c. 1, s. 38
  • 2014, c. 2, s. 141

Special Rules for Land Use

Marginal note:Protection of the environment

 Before issuing a permit for a use of land, a board shall, with respect to conditions of the permit for the protection of the environment, consult

  • (a) the territorial Minister, in the case of land of which the Commissioner of the Northwest Territories has administration and control;

  • (b) the minister of the Government of Canada having administration and control of the land in the case of any land under that minister’s administration and control; or

  • (c) the owner of the land, in any other case.

  • 1998, c. 25, s. 69
  • 2014, c. 2, s. 142

Marginal note:Delegation to staff

 A board may, by instrument of delegation, specify permits from among a class prescribed by the regulations that an employee of the Board named in the instrument may issue, amend or renew and whose assignment the employee may approve.

Marginal note:Posting security

  •  (1) A board may require, as a condition of a permit or as a condition of the assignment of a permit, the posting of security with the federal Minister in a form prescribed by the regulations or a form satisfactory to the federal Minister and in an amount specified in, or determined in accordance with, the regulations.

  • Marginal note:Notice

    (2) The federal Minister shall notify a board of the posting of security so required.

  • Marginal note:Application of security

    (3) Where damage to lands results from a permittee’s contravention of any provision of the regulations or a permit, the board may request of the federal Minister that all or part of the security posted by the permittee be applied toward the costs incurred in repairing the damage.

  • Marginal note:Liability not limited

    (4) This section does not affect the liability of a permittee for any damages to land in excess of the amount of the posted security.

  • Marginal note:Refund of security

    (5) The federal Minister shall, in accordance with the regulations, refund any part of the security posted by the permittee that is not applied pursuant to this Part.

Special Rules for the Use of Waters and the Deposit of Waste

Prohibitions

Marginal note:Use of waters

  •  (1) Except as authorized under the Dominion Water Power Act, and subject to subsection (2), no person shall use, or permit the use of, waters in a federal area within a water management area except

    • (a) in accordance with the conditions of a licence; or

    • (b) as authorized by regulations made under paragraph 90.3(1)(m).

  • Marginal note:Exemptions from application of subsection (1)

    (2) Subsection (1) does not apply in respect of the use of waters

    • (a) by a domestic user;

    • (b) by an instream user; or

    • (c) for the purpose of extinguishing a fire or, in an emergency, controlling or preventing a flood.

  • Marginal note:Duties in certain cases

    (3) If any person diverts waters for a purpose set out in paragraph (2)(c), the person shall, when the need for the diversion has ceased, discontinue the diversion and, in so far as possible, restore the original channel conditions.

  • 1998, c. 25, s. 72
  • 2014, c. 2, s. 145

Marginal note:Deposit of waste

  •  (1) Except in accordance with the conditions of a licence or as authorized by regulations made under paragraph 90.3(1)(n), no person shall, subject to subsection (2), deposit or permit the deposit of waste in a federal area

    • (a) in any waters in a water management area; or

    • (b) in any other place under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter any waters in a water management area.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to the deposit of waste in waters that form part of a water quality management area designated under the Canada Water Act if the waste so deposited is of a type and quantity, and deposited under conditions, prescribed by regulations made by the Governor in Council under paragraph 18(2)(a) of that Act with respect to that water quality management area.

  • Marginal note:Duty to report unlawful deposits of waste

    (3) If waste is deposited in contravention of this section, every person who owns the waste or has the charge, management or control of it — or who caused or contributed to the deposit — shall, without delay, in accordance with the regulations, if any, made under paragraph 90.3(1)(o), report the deposit to the person or authority designated under that paragraph or, if no such person or authority has been designated, to an inspector designated under subsection 84(1).

  • 2014, c. 2, s. 145

Marginal note:Exemption — Tlicho communities

 Sections 72 and 72.01 do not apply in respect of a use of waters or a deposit of waste in a Tlicho community if the local government of that community has enacted a bylaw providing that a licence is not required for that type of use or deposit.

  • 2014, c. 2, s. 145

Licences

Marginal note:Issuance

  •  (1) Subject to this section, a board may issue, in accordance with the criteria set out in the regulations made under paragraph 90.3(1)(c), type A licences and type B licences permitting the applicant for the licence, on payment of the fees prescribed by regulations made under paragraph 90.3(1)(k), at the times and in the manner prescribed by any applicable regulations made under paragraph 90.3(1)(l) or, in the absence of such regulations, at the times and in the manner set out in the licence, to use waters or deposit waste, or both, in a federal area in connection with the operation of an appurtenant undertaking and in accordance with the conditions specified in the licence.

  • Marginal note:Term

    (2) A licence issued under subsection (1) may be issued for a term

    • (a) of not more than 25 years, in the case of a type A licence that is in respect of a class of undertakings prescribed by the regulations or a type B licence; or

    • (b) of not more than the anticipated duration of the appurtenant undertaking, in the case of a type A licence other than one described in paragraph (a).

  • Marginal note:Specific uses

    (3) The board shall not issue a licence in respect of a use of waters referred to in subsection 72(2).

  • Marginal note:Refusal to issue

    (4) The board shall not refuse to issue a licence merely because the use of waters or deposit of waste in respect of which the application for the licence is made is already authorized by regulations made under paragraph 90.3(1)(m) or (n).

  • Marginal note:Conditions for issue

    (5) The board shall not issue a licence in respect of a federal area unless the applicant satisfies the board that

    • (a) either

      • (i) the use of waters or the deposit of waste proposed by the applicant would not adversely affect, in a significant way, the use of waters, whether in or outside the federal area to which the application relates,

        • (A) by any existing licensee who holds a licence issued under this Act or any other licence relating to the use of waters or deposit of waste, or both, issued under any territorial law or the Nunavut Waters and Nunavut Surface Rights Tribunal Act, or

        • (B) by any other applicant whose proposed use of waters would take precedence over the applicant’s proposed use by virtue of section 72.26 or any territorial law, or

      • (ii) every licensee and applicant to whom subparagraph (i) applies has entered into a compensation agreement with the applicant;

    • (b) compensation that the board considers appropriate has been or will be paid by the applicant to any other applicant who is described in clause (a)(i)(B) but to whom paragraph (a) does not apply, and to any of the following who were licensees, users, depositors, owners, occupiers or holders, whether in or outside the federal area to which the application relates, at the time when the applicant filed an application with the board in accordance with the regulations made under paragraphs 90.3(1)(d) and (e), who would be adversely affected by the use of waters or the deposit of waste proposed by the applicant, and who have notified the board within the time period stipulated in the notice of the application given under subsection 72.16(1):

      • (i) licensees who hold a licence issued under this Act or any other licence relating to the use of waters or deposit of waste, or both, issued under any territorial law or the Nunavut Waters and Nunavut Surface Rights Tribunal Act and to whom paragraph (a) does not apply,

      • (ii) domestic users,

      • (iii) instream users,

      • (iv) authorized users,

      • (v) authorized waste depositors,

      • (vi) persons who use waters or deposit waste, or both, without a licence under the authority of any territorial law,

      • (vii) persons referred to in paragraph 61(d) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act,

      • (viii) owners of property,

      • (ix) occupiers of property, and

      • (x) holders of outfitting concessions, registered trapline holders, and holders of other rights of a similar nature;

    • (c) any waste that would be produced by the appurtenant undertaking will be treated and disposed of in a manner that is appropriate for the maintenance of

      • (i) water quality standards prescribed by regulations made under paragraph 90.3(1)(h) or, in the absence of such regulations, any water quality standards that the board considers acceptable, and

      • (ii) effluent standards prescribed by regulations made under paragraph 90.3(1)(i) or, in the absence of such regulations, any effluent standards that the board considers acceptable; and

    • (d) the financial responsibility of the applicant, taking into account the applicant’s past performance, is adequate for

      • (i) the completion of the appurtenant undertaking,

      • (ii) any mitigative measures that may be required, and

      • (iii) the satisfactory maintenance and restoration of the site in the event of any future closing or abandonment of that undertaking.

  • Marginal note:Factors in determining compensation

    (6) In determining the compensation that is appropriate for the purpose of paragraph (5)(b), the board shall consider all relevant factors, including

    • (a) provable loss or damage;

    • (b) potential loss or damage;

    • (c) the extent and duration of the adverse effect, including the incremental adverse effect;

    • (d) the extent of the use of waters by persons who would be adversely affected; and

    • (e) nuisance, inconvenience and noise.

  • 2014, c. 2, s. 145
 
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