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

Act current to 2016-11-21 and last amended on 2016-09-01. Previous Versions

Marginal note:Requirement to make recommendations
  •  (1) The Board shall, at the request of the federal Minister, make recommendations to the federal Minister with respect to the amendment of this Act or the making or amendment of any instrument under this Act.

  • Marginal note:Discretion to make recommendations

    (2) The Board may make recommendations to

    • (a) the Minister responsible for any Act of Parliament regarding the use of land or waters or the deposit of waste, with respect to the amendment of that Act or the making or amendment of any instrument under that Act;

    • (b) the territorial Minister with respect to the amendment of territorial laws regarding the use of land or waters or the deposit of waste;

    • (c) a local government with respect to the amendment of bylaws enacted by that government regarding the use of land or waters or the deposit of waste;

    • (d) the Tlicho Government with respect to the amendment of Tlicho laws regarding the use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters; and

    • (e) the Déline Got’ine Government with respect to the amendment of any Déline law regarding the use of Déline lands or waters on those lands or regarding a deposit of waste on those lands or in those waters.

  • 2005, c. 1, s. 61;
  • 2014, c. 2, s. 197;
  • 2015, c. 24, s. 35.

Cooperation with Other Authorities

Marginal note:Coordination

 Where a use of land or waters or a deposit of waste proposed by an applicant for a licence or permit is likely to have an impact in an area outside the Mackenzie Valley, whether within or outside the Northwest Territories, the Board may consult any government, aboriginal group or other body responsible for the regulation of such uses or deposits in that area and may, with the approval of the federal Minister, hold joint hearings with or enter into agreements with any of them for the coordination of activities and the avoidance of duplication.

Powers of Governor in Council and Federal Minister

Marginal note:Establishment of additional panels
  •  (1) The Governor in Council may, on the recommendation of the federal Minister, establish up to two regional panels of the Board in addition to those referred to in subsections 99(2) and (2.1).

  • Marginal note:Powers

    (2) The area of the Mackenzie Valley in which such a regional panel has jurisdiction shall be specified by the Governor in Council, following consultation with affected first nations, which area must be wholly outside any management area. Subsections 102(2) and 103(2) to (5) apply in relation to that area with such modifications as are required.

  • Marginal note:Appointment

    (3) The members of such a regional panel shall be appointed by the federal Minister and must include one of the members of the Board referred to in paragraph 99(4)(a) and one of the members referred to in paragraph 99(4)(b) or (c).

  • Marginal note:Chairperson

    (4) The chairperson of such a regional panel shall be appointed by the federal Minister from persons nominated by a majority of the members of the regional panel.

  • Marginal note:Appointment by federal Minister

    (5) If a majority of the members do not nominate a person acceptable to the federal Minister within a reasonable time, the Minister may appoint any person as chairperson.

  • Marginal note:Absence or incapacity of chairperson

    (6) A regional panel established under this section may designate a member to act as chairperson during the absence or incapacity of the chairperson or a vacancy in the office of chairperson, and that person may exercise the powers and shall perform the duties of the chairperson while so acting.

  • Marginal note:Members of Board

    (7) The chairperson and the members of such a regional panel who are not already members of the Board become members of the Board on their appointment to the regional panel.

  • Marginal note:Notice

    (8) A notice of the establishment of a regional panel under this section shall be published in a newspaper circulated in the Mackenzie Valley.

  • 1998, c. 25, s. 108;
  • 2005, c. 1, s. 62.
Marginal note:Minister’s functions

 The federal Minister may exercise the same powers and shall perform the same duties in relation to the Board and its regional panels as are conferred or imposed on the federal Minister in relation to a board established by Part 3.

Powers of Tlicho Government

Marginal note:Policy directions by the Tlicho Government

 The Tlicho Government may exercise the same powers and shall perform the same duties in relation to the Board and the regional panel of the Board referred to in subsection 99(2.1) as those that the Tlicho Government has under section 83 in relation to the Wekeezhii Land and Water Board.

  • 2005, c. 1, s. 63.

Powers of Déline Got’ine Government

Marginal note:Policy directions by Déline Got’ine Government

 The Déline Got’ine Government may exercise the same powers and shall perform the same duties in relation to the Board and the regional panel of the Board referred to in subsection 99(2) as those that the Déline Got’ine Government has under section 83 in relation to the Sahtu Land and Water Board.

  • 2015, c. 24, s. 36.

Precedence Relating to Policy Directions

Marginal note:Conflict between policy directions
  •  (1) If there is a conflict between policy directions given by the federal Minister under section 109 and policy directions given by the Tlicho Government under section 109.1, the policy directions under section 109.1 prevail to the extent of the conflict.

  • Marginal note:Conflict between legislation and policy directions

    (2) If there is a conflict between policy directions given by the federal Minister under section 109 or by the Tlicho Government under section 109.1 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.

  • Marginal note:Conflict between policy directions

    (3) If there is a conflict between policy directions given by the federal Minister under section 109 and policy directions given by the Déline Got’ine Government under section 109.11, the policy directions given under section 109.11 prevail to the extent of the conflict.

  • Marginal note:Conflict between legislation and policy directions

    (4) If there is a conflict between policy directions given by the federal Minister under section 109 or by the Déline Got’ine Government under section 109.11 and the provisions of any Act of Parliament, of any regulations made under an Act of Parliament or of any territorial law, those provisions prevail to the extent of the conflict.

  • 2005, c. 1, s. 63;
  • 2015, c. 24, s. 37.

Enforcement

Marginal note:Inspector

 An inspector designated under subsection 84(1) may exercise and shall perform, in relation to the use of land or waters or the deposit of waste, the powers, duties and functions of an inspector under Part 3.

  • 1998, c. 25, s. 110;
  • 2014, c. 2, s. 198.

PART 5Mackenzie Valley Environmental Impact Review Board

Interpretation and Application

Marginal note:Definitions
  •  (1) The following definitions apply in this Part.

    designated regulatory agency

    organisme administratif désigné

    designated regulatory agency means an agency named in the schedule, referred to in a land claim agreement as an independent regulatory agency. (organisme administratif désigné)

    development

    projet de développement

    development means any undertaking, or any part or extension of an undertaking, that is carried out on land or water and includes an acquisition of lands pursuant to the Historic Sites and Monuments Act and measures carried out by a department or agency of government leading to the establishment of a park subject to the Canada National Parks Act or the establishment of a park under a territorial law. (projet de développement)

    environmental assessment

    évaluation environnementale

    environmental assessment means an examination of a proposal for a development undertaken by the Review Board pursuant to section 126. (évaluation environnementale)

    environmental impact review

    étude d’impact

    environmental impact review means an examination of a proposal for a development undertaken by a review panel established under section 132. (étude d’impact)

    follow-up program

    programme de suivi

    follow-up program means a program for evaluating

    • (a) the soundness of an environmental assessment or environmental impact review of a proposal for a development; and

    • (b) the effectiveness of the mitigative or remedial measures imposed as conditions of approval of the proposal. (programme de suivi)

    impact on the environment

    répercussions environnementales ou répercussions sur l’environnement

    impact on the environment means any effect on land, water, air or any other component of the environment, as well as on wildlife harvesting, and includes any effect on the social and cultural environment or on heritage resources. (répercussions environnementales ou répercussions sur l’environnement)

    mitigative or remedial measure

    mesures correctives ou d’atténuation

    mitigative or remedial measure means a measure for the control, reduction or elimination of an adverse impact of a development on the environment, including a restorative measure. (mesures correctives ou d’atténuation)

    preliminary screening

    examen préalable

    preliminary screening means an examination of a proposal for a development undertaken pursuant to section 124. (examen préalable)

    regulatory authority

    autorité administrative

    regulatory authority, in relation to a development, means a body or person responsible for issuing a licence, permit or other authorization required for the development under any federal or territorial law, but does not include a designated regulatory agency or a local government. (autorité administrative)

    responsible minister

    ministre compétent

    responsible minister, in relation to a proposal for a development, means any minister of the Crown in right of Canada or of the territorial government having jurisdiction in relation to the development under federal or territorial law. (ministre compétent)

    Review Board

    Office

    Review Board means the Mackenzie Valley Environmental Impact Review Board established by subsection 112(1). (Office)

  • Marginal note:Application

    (2) This Part applies in respect of developments to be carried out wholly or partly within the Mackenzie Valley and, except for section 142, does not apply in respect of developments wholly outside the Mackenzie Valley.

  • 1998, c. 25, s. 111;
  • 2000, c. 32, s. 55;
  • 2005, c. 1, s. 65.
 
Date modified: