Mackenzie Valley Resource Management Act (S.C. 1998, c. 25)
Full Document:
Act current to 2013-04-29 and last amended on 2005-08-04. Previous Versions
Mackenzie Valley Resource Management Act
S.C. 1998, c. 25
Assented to 1998-06-18
An Act to provide for an integrated system of land and water management in the Mackenzie Valley, to establish certain boards for that purpose and to make consequential amendments to other Acts
Preamble
WHEREAS the Gwich’in Comprehensive Land Claim Agreement and the Sahtu Dene and Metis Comprehensive Land Claim Agreement require the establishment of land use planning boards and land and water boards for the settlement areas referred to in those Agreements and the establishment of an environmental impact review board for the Mackenzie Valley, and provide as well for the establishment of a land and water board for an area extending beyond those settlement areas;
WHEREAS the Agreements require that those boards be established as institutions of public government within an integrated and coordinated system of land and water management in the Mackenzie Valley;
AND WHEREAS the intent of the Agreements as acknowledged by the parties is to establish those boards for the purpose of regulating all land and water uses, including deposits of waste, in the settlement areas for which they are established or in the Mackenzie Valley, as the case may be;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Mackenzie Valley Resource Management Act.
INTERPRETATION
Marginal note:Definitions
2. The definitions in this section apply in this Act.
“deposit of waste”
« dépôt de déchets »
“deposit of waste” means a deposit of waste described in subsection 9(1) of the Northwest Territories Waters Act.
“environment”
« environnement »
“environment” means the components of the Earth and includes
(a) land, water and air, including all layers of the atmosphere;
(b) all organic and inorganic matter and living organisms; and
(c) the interacting natural systems that include components referred to in paragraphs (a) and (b).
“federal Minister”
« ministre fédéral »
“federal Minister” means the Minister of Indian Affairs and Northern Development.
“first nation”
« première nation »
“first nation” means the Gwich’in First Nation, the Sahtu First Nation or bodies representing other Dene or Metis of the North Slave, South Slave or Deh Cho region of the Mackenzie Valley, but does not include the Tlicho First Nation or the Tlicho Government.
“Gwich’in Agreement”
« accord gwich’in »
“Gwich’in Agreement” means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in as represented by the Gwich’in Tribal Council, signed on April 22, 1992 and approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act, as that Agreement is amended from time to time in accordance with its provisions.
“Gwich’in First Nation”
« première nation des Gwich’in »
“Gwich’in First Nation” means the Gwich’in as represented by the Gwich’in Tribal Council referred to in the Gwich’in Agreement or by any successor to it.
“harvesting”
« exploitation »
“harvesting”, in relation to wildlife, means hunting, trapping or fishing activities carried on in conformity with a land claim agreement or, in respect of persons and places not subject to a land claim agreement, carried on pursuant to aboriginal or treaty rights.
“heritage resources”
« ressources patrimoniales »
“heritage resources” means archaeological or historic sites, burial sites, artifacts and other objects of historical, cultural or religious significance, and historical or cultural records.
“land claim agreement”
« accord de revendication »
“land claim agreement” means the Gwich’in Agreement, the Sahtu Agreement or the Tlicho Agreement.
“local government”
« administration locale »
“local government” means any local government established under the laws of the Northwest Territories, including a city, town, village, hamlet, charter community, settlement or government of a Tlicho community, whether incorporated or not, and includes the territorial government acting in the place of a local government pursuant to those laws.
“Mackenzie Valley”
« vallée du Mackenzie »
“Mackenzie Valley” means that part of the Northwest Territories bounded on the south by the 60th parallel of latitude, on the west by Yukon, on the north by the Inuvialuit Settlement Region, as defined in the Agreement given effect by the Western Arctic (Inuvialuit) Claims Settlement Act , and on the east by the Nunavut Settlement Area, as defined in the Nunavut Land Claims Agreement Act , but does not include Wood Buffalo National Park of Canada.
“Monfwi Gogha De Niitlee”
« Monfwi gogha de niitlee »
“Monfwi Gogha De Niitlee” means the area described in part 1 of the appendix to chapter 1 of the Tlicho Agreement.
“Sahtu Agreement”
« accord du Sahtu »
“Sahtu Agreement” means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Sahtu Dene and Metis as represented by the Sahtu Tribal Council, signed on September 6, 1993 and approved, given effect and declared valid by the Sahtu Dene and Metis Land Claim Settlement Act, as that Agreement is amended from time to time in accordance with its provisions.
“Sahtu First Nation”
« première nation du Sahtu »
“Sahtu First Nation” means the Sahtu Dene and Metis as represented by The Sahtu Secretariat Incorporated, a corporation without share capital under Part II of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, being the successor, for the purposes of this Act, to the Sahtu Tribal Council referred to in the Sahtu Agreement, or by any successor to that corporation.
“settlement area”
« région désignée »
“settlement area” means the area described in appendix A to the Gwich’in Agreement or in appendix A to the Sahtu Agreement.
“settlement lands”
« terres désignées »
“settlement lands” means lands referred to as settlement lands in the Gwich’in Agreement or the Sahtu Agreement.
“territorial government”
« gouvernement territorial »
“territorial government” means the government of the Northwest Territories.
“territorial law”
« règle de droit territoriale »
“territorial law” means an ordinance of the Northwest Territories and any regulations made under such an ordinance.
“territorial Minister”
« ministre territorial »
“territorial Minister”, in relation to any provision of this Act, means the minister of the territorial government designated by instrument of the Executive Council of the Northwest Territories for the purposes of that provision.
“Tlicho Agreement”
« accord tlicho »
“Tlicho Agreement” means the Land Claims and Self-Government Agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, signed on August 25, 2003 and approved, given effect and declared valid by the Tlicho Land Claims and Self-Government Act, as that Agreement is amended from time to time in accordance with its provisions.
“Tlicho citizen”
« citoyen tlicho »
“Tlicho citizen” means a person whose name is on the Register as defined in chapter 1 of the Tlicho Agreement.
“Tlicho community”
« collectivité tlicho »
“Tlicho community” means a community for which a community government is established in accordance with chapter 8 of the Tlicho Agreement.
“Tlicho First Nation”
« première nation tlicho »
“Tlicho First Nation” means the aboriginal people of Canada to whom section 35 of the Constitution Act, 1982 applies, consisting of all Tlicho citizens.
“Tlicho Government”
« gouvernement tlicho »
“Tlicho Government” means the government of the Tlicho First Nation established in accordance with chapter 7 of the Tlicho Agreement.
“Tlicho lands”
« terres tlichos »
“Tlicho lands” means Tlicho lands as defined in chapter 1 of the Tlicho Agreement.
“Tlicho law”
« loi tlicho »
“Tlicho law” means a law enacted by the Tlicho Government.
“Wekeezhii”
« Wekeezhii »
“Wekeezhii” means the area described in part 2 of the appendix to chapter 1 of the Tlicho Agreement.
- 1998, c. 25, s. 2;
- 2000, c. 32, s. 50;
- 2002, c. 7, s. 205(E);
- 2005, c. 1, s. 15.
- Date modified:
