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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)

Special Rules for the Use of Waters and the Deposit of Waste (continued)

Public Hearings and Procedure

Marginal note:Optional hearing

  •  (1) If a board is satisfied that it would be in the public interest, it may hold a public hearing in connection with any matter relating to its objects, including, in respect of a federal area or lands outside a federal area,

    • (a) the issuance or renewal of, or an amendment to, a type B licence;

    • (b) an amendment to a type A licence under which neither the use, flow or quality of waters nor the term of the licence would be altered; and

    • (c) the cancellation of a type B licence under subparagraph 72.12(1)(c)(i).

  • Marginal note:Mandatory hearing

    (2) Subject to subsection (3), the board shall hold a public hearing if it is considering, in respect of a federal area,

    • (a) the issuance or renewal of a type A licence;

    • (b) an amendment to a type A licence under which the use, flow or quality of waters, or the term of the licence, would be altered;

    • (c) the cancellation of a type A licence under paragraph 72.12(1)(c); or

    • (d) the cancellation of a type B licence under subparagraph 72.12(1)(c)(ii) or (iii).

  • Marginal note:Exception

    (3) Subsection (2) does not apply

    • (a) if, after giving notice of a public hearing under section 72.16, the board receives no notification on or before the 10th day before the day of the proposed hearing that any person or body intends to appear and make representations and the applicant or the licensee, as the case may be, consents in writing to the disposition of the matter without a public hearing;

    • (b) if, in the case of a renewal of a type A licence, the licensee has filed with the board an application for renewal in accordance with the regulations made under paragraphs 90.3(1)(d) and (e) and the term of the renewal or renewals granted by the board does not exceed 60 days in the aggregate; or

    • (c) if, in the case of an amendment to a type A licence under which the use, flow or quality of waters would be altered, the board, with the consent of the federal Minister, declares the amendment to be required on an emergency basis.

  • 2014, c. 2, s. 145

Marginal note:Notice of applications

  •  (1) Subject to subsection (4), a board shall give notice of each application made to it — in respect of a federal area or lands outside a federal area — by publishing the application in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate.

  • Marginal note:Notice of public hearing

    (2) Subject to subsection (4), a board shall give notice of a public hearing to be held by it by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate. The day fixed for the public hearing shall be at least 35 days after the day on which the requirements of this subsection have been met.

  • Marginal note:Public hearing not held

    (3) Subject to subsection (4), if a public hearing is not held by a board in connection with an application, the board may not act on the application until at least 10 days after the requirements of subsection (1) have been met.

  • Marginal note:Exception

    (4) Subsections (1) to (3) do not apply in respect of an application for the amendment of a licence if a board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.

  • 2014, c. 2, s. 145

Marginal note:Notice — federal area

  •  (1) A board shall give notice of its intention to consider, on its own initiative, the renewal of a licence under paragraph 72.12(1)(a), or the amendment of a condition of a licence under subparagraph 72.12(1)(b)(ii) or (iii), by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate.

  • Marginal note:Notice — lands outside a federal area

    (2) A board shall give notice of its intention to consider, on its own initiative, the renewal, or the amendment of a condition, of a licence in respect of lands outside a federal area in accordance with any territorial law by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate.

  • Marginal note:Exception

    (3) Subsections (1) and (2) do not apply in respect of an application for the amendment of a licence if a board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.

  • 2014, c. 2, s. 145

Marginal note:Time limit — type A licence and type B licence

  •  (1) With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(1) or (2).

  • Marginal note:Referral to Minister for approval

    (2) If the board decides to issue, renew or amend the licence, that decision shall be immediately referred to the federal Minister for approval.

  • Marginal note:Decision of Minister and reasons

    (3) The federal Minister shall, within 45 days after the board’s decision is referred to him or her, notify the board whether or not the decision is approved and, if it is not approved, provide written reasons in the notification.

  • Marginal note:Extension of time limit

    (4) The federal Minister may extend the 45-day time limit by not more than an additional 45 days if he or she notifies the board of the extension within the first 45 days.

  • Marginal note:Absence of decision

    (5) If the federal Minister does not notify the board whether or not the decision is approved within the time limit referred to in subsection (3) or (4), whichever is applicable, the federal Minister is deemed to have given approval.

  • 2014, c. 2, s. 145

Marginal note:Time limit — other type B licences

 With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type B licence in connection with which no public hearing is held or if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(1) or (2).

  • 2014, c. 2, s. 145

Marginal note:Time limit — other licences

 On an application for the issuance, renewal or amendment of a licence in respect of lands outside a federal area — other than a type A or type B licence — or, if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(2).

  • 2014, c. 2, s. 145

Marginal note:Day on which application is made

 An application for the issuance, renewal or amendment of a licence is considered to be made on the day on which the board is satisfied that the application is in the form, and contains all of the information,

  • (a) if the licence applies with respect to a federal area, prescribed by the regulations; and

  • (b) if the licence applies with respect to lands outside a federal area, required under any territorial law.

  • 2014, c. 2, s. 145

Marginal note:Excluded period — information or studies

  •  (1) If the board requires the applicant or the licensee to provide information or studies, then the period that is taken by that applicant or licensee, in the board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection 72.18(1), section 72.19 or 72.2 or of its extension.

  • Marginal note:Excluded period — environmental assessment, etc.

    (2) If the proposed use of waters or deposit of waste to which the application or the licence relates is part of a proposed development in respect of which an environmental assessment, an environmental impact review or an examination of impacts on the environment that stands in lieu of an environmental impact review is conducted under Part 5, 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 72.18(1), section 72.19 or 72.2 or of its extension.

  • 2014, c. 2, s. 145

Marginal note:Suspension of time limit

 A board may suspend a time limit referred to in subsection 72.18(1) or section 72.19 or 72.2 or its extension

  • (a) if the board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 72.03(5), 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 72.05(1), until the applicant has entered into a compensation agreement under paragraph 72.05(1)(a) or until a determination of compensation has been made under paragraph 72.05(1)(b), as the case may be;

  • (c) if the board is not permitted to issue a licence with respect to lands outside a federal area except in accordance with any compensation requirement under any territorial law, until the requirement has been fulfilled; or

  • (d) 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.

  • 2014, c. 2, s. 145

Marginal note:Extension of time limit by federal Minister

  •  (1) The federal Minister may, at the request of the board, extend the time limit referred to in subsection 72.18(1), section 72.19 or 72.2 by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.

  • Marginal note:Extension of time limit by Governor in Council

    (2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (1) any number of times.

  • 2014, c. 2, s. 145

Marginal note:Reasons — decisions and orders

 A board shall issue, and make available to the public, written reasons for its decisions or orders relating to any licence, or any application for a licence, in respect of a federal area or lands outside a federal area.

  • 2014, c. 2, s. 145

Rights and Duties of Licensees and Others With Authorizations to Use Waters

Marginal note:Precedence

  •  (1) If more than one person has a licence, or other authorization to use waters issued by any authority responsible for the management of waters in the Northwest Territories or in Nunavut, in respect of a federal area, the person who first applied is entitled to the use of the waters in accordance with that person’s licence or authorization in precedence over the other persons.

  • Marginal note:Amendments to a licence or authorization

    (2) Subsection (1) applies, with any modifications that the circumstances require, in respect of any rights a person acquires through an amendment to that person’s licence or authorization.

  • Marginal note:Renewal or assignment of a licence or authorization

    (3) Subject to subsection (2), a licence or authorization that has been renewed or assigned shall, for the purposes of this section, be deemed to be a continuation of the original licence or authorization.

  • 2014, c. 2, s. 145

Marginal note:Right to sue for compensation

  •  (1) Except as otherwise provided by a compensation agreement referred to in subparagraph 72.03(5)(a)(ii), a person who is adversely affected as a result of the issuance of a licence in respect of a federal area or a use of waters or deposit of waste authorized by regulations made under paragraph 90.3(1)(m) or (n) is entitled to be compensated by the licensee, authorized user or authorized waste depositor in respect of that adverse effect, and may sue for and recover any such compensation in any court of competent jurisdiction.

  • Marginal note:Rights protected

    (2) A person is not barred from exercising any rights conferred by subsection (1) merely because of having been paid the compensation referred to in subsection 72.03(5), or because of having been paid compensation under paragraph 72.11(2)(a) or under a compensation agreement referred to in subparagraph 72.03(5)(a)(ii).

  • 2014, c. 2, s. 145

Marginal note:Copies of licences

 A board shall provide the territorial Minister with copies of licences issued under this Part and of any decisions and orders relating to such licences.

  • 2014, c. 2, s. 145

Aboriginal Water Rights

Marginal note:Use without licence

  •  (1) Despite sections 72 and 72.01 or any territorial law, the Gwich’in and Sahtu First Nations have the right to use waters or to deposit waste without a licence for purposes of trapping and non-commercial wildlife harvesting other than trapping, for purposes of transportation related to those activities and for traditional heritage, cultural and spiritual purposes.

  • Marginal note:Use without licence — Tlicho citizens

    (2) Despite sections 72 and 72.01 or any territorial law — and subject to any applicable Tlicho laws and, in relation to waters that are on settlement lands, any limitations under the applicable land claim agreement that are of the same type as those that apply in relation to waters on Tlicho lands — Tlicho citizens have the right to use water in the part of Monfwi Gogha De Niitlee that is in the Northwest Territories without a licence, for purposes of wildlife harvesting under 10.1.1 of chapter 10 of the Tlicho Agreement, for purposes of transportation related to such wildlife harvesting and for heritage, cultural or spiritual purposes of the Tlicho First Nation.

  • 1998, c. 25, s. 73
  • 2005, c. 1, s. 39
  • 2014, c. 2, s. 163

Marginal note:Exclusive right

 Despite section 7.1, the Gwich’in and Sahtu First Nations have the exclusive right to the use of waters when on or flowing through their first nation lands and to the deposit of waste in relation to those waters in accordance with the other provisions of this Part or any territorial law, as the case may be.

  • 1998, c. 25, s. 74
  • 2014, c. 2, s. 163

Marginal note:Right to unaltered waters

 Subject to sections 76 to 78, the Gwich’in First Nation and the Sahtu First Nation have, in relation to waters when on or flowing through their first nation lands or waters adjacent to their first nation lands, the right to have the quality, quantity and rate of flow remain substantially unaltered by any person.

Marginal note:Issuance, amendment or renewal of licences, etc.

 The Gwich’in Land and Water Board or the Sahtu Land and Water Board may issue, amend or renew a licence, permit or authorization where the use of land or waters or the deposit of waste proposed by the applicant would, in the opinion of the board, interfere with a first nation’s rights under section 75, if the board is satisfied that

  • (a) there is no alternative that could reasonably satisfy the requirements of the applicant;

  • (b) there are no reasonable measures by which the applicant could avoid the interference; and

  • (c) in the case of a licence, the requirements of section 77 are satisfied.

  • 1998, c. 25, s. 76
  • 2005, c. 1, s. 40
 
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