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

Marginal note:Referral of compensation to Wekeezhii Board

• 79.3 (1) If a compensation agreement referred to in paragraph 79.1(b) or 79.2(3)(a), as the case may be, is not entered into, the applicant or the Tlicho Government may, after having participated in mediation under chapter 6 of the Tlicho Agreement, apply to the Wekeezhii Land and Water Board for a determination of compensation.

• Marginal note:Determination of compensation

  (2) On an application under 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 use by Tlicho citizens of waters when on or flowing through Tlicho lands, or waters adjacent to Tlicho lands,

    • (ii) Tlicho lands, taking into account any cultural or special value of those lands to the Tlicho First Nation, and

    • (iii) wildlife harvesting carried on by Tlicho citizens;

  • (b) the nuisance or inconvenience, including noise, caused by the proposed use or deposit to Tlicho citizens on Tlicho lands; and

  • (c) any other factor that the Board considers relevant in the circumstances.

• Marginal note:Form of compensation

  (3) The compensation may be in the form of a lump sum payment or periodic payments or non-monetary compensation, including replacement of, or substitution for, damaged or lost property or relocation of Tlicho citizens or their property, or any combination of those forms of compensation.

Marginal note:Duty to supply

• 80. (1) The Gwich’in or Sahtu First Nation shall supply and permit access to sand, gravel, clay and like construction materials situated on its first nation lands to any person or any department or agency of the federal or territorial government that requests the same where no alternate source of supply is reasonably available in the surrounding area.

• Marginal note:Compensation

  (2) The Gwich’in or Sahtu First Nation is entitled to fair and reasonable compensation for any construction materials supplied or obtained from its first nation lands.

• Marginal note:Reference to Board

  (3) On application by the person or department or agency requesting the supply or access, the Gwich’in Land and Water Board or the Sahtu Land and Water Board, as the case may be, shall

  • (a) determine whether an alternate source of supply is reasonably available in the surrounding area; or

  • (b) resolve any dispute concerning terms or conditions of supply or access or priorities between a first nation and other users of the construction materials.

• Marginal note:Settlement lands outside settlement area

  (4) Where first nation lands from which construction materials are requested are situated outside the first nation’s settlement area but within the Northwest Territories, the board shall consult the resource management authority having jurisdiction in respect of those lands before making any determination under subsection (3).