Marginal note:Referral of compensation to board
79. (1) If a compensation agreement referred to in section 77 or 78 is not entered into within the period allowed by the rules of the Gwich’in Land and Water Board or the Sahtu Land and Water Board, as the case may be, the applicant or the first nation may apply to the board for a determination of compensation.
Marginal note:Determination of compensation
(2) On an application pursuant to subsection (1), the board shall determine the compensation payable in respect of the proposed use of waters or deposit of waste, taking into consideration
(a) the effect of the proposed use or deposit on
(i) the first nation’s use of waters when on or flowing through its first nation lands or waters adjacent to its first nation lands, and
(ii) its first nation lands, taking into account any cultural or special value of those lands to the first nation;
(b) the nuisance or inconvenience to the first nation, including noise, that may result on first nation lands;
(c) the effect on wildlife harvesting carried on by the first nation; and
(d) any other factor that the board considers relevant in the circumstances.
- 1998, c. 25, s. 79;
- 2005, c. 1, s. 43.
Compensation — Tlicho First Nation
Marginal note:Conditions for licence
79.1 The Wekeezhii Land and Water Board may not issue, amend or renew a licence for the use of waters or the deposit of waste if, in its opinion, that use or deposit is likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands unless
(a) the Board is satisfied that there is no alternative that could reasonably satisfy the requirements of the applicant and that there are no reasonable measures by which the applicant could avoid the alteration; and
(b) the applicant has entered into an agreement with the Tlicho Government to compensate the Tlicho First Nation for any loss or damage that may be caused by the alteration, or the applicant or the Tlicho Government has applied to the Board under subsection 79.3(1) for a determination of compensation for that loss or damage.
- 2005, c. 1, s. 44.
Marginal note:Application to water authority
79.2 (1) If the Wekeezhii Land and Water Board determines that a use of waters or a deposit of waste that is proposed, in an application made to a water authority, to be carried out in
(a) Nunavut or an area of the Northwest Territories outside Wekeezhii, or
would be likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands, the Board shall notify the water authority in writing of its determination.
Marginal note:Access to information
(2) A water authority shall provide the Board with any information in its possession that the Board requires in order to make a determination under subsection (1).
Marginal note:Conditions for authorization
(3) Despite any other Act, a water authority that is notified by the Board under subsection (1) may not authorize the proposed use of waters or deposit of waste unless
(a) the applicant and the Tlicho Government have entered into an agreement to compensate the Tlicho First Nation for any loss or damage that may be caused by the alteration; or
(b) the applicant or the Tlicho Government applies to the Board under subsection 79.3(1) for a determination.
- 2005, c. 1, s. 44.
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