Northwest Territories Waters Act (S.C. 1992, c. 39)

Act current to 2013-04-29 and last amended on 2007-07-01. Previous Versions

GENERAL

Application

Marginal note:National parks and historic sites
  •  (1) This Act does not apply in respect of the use of waters or the deposit of waste within a park or park reserve to which the Canada National Parks Act applies, or on any land acquired for the purposes of the Historic Sites and Monuments Act, that is situated within the Mackenzie Valley, as that expression is defined in section 2 of the Mackenzie Valley Resource Management Act.

  • Marginal note:Mackenzie Valley

    (2) Sections 10 to 13, subsection 14(6), sections 20 and 22, paragraphs 23(1)(b) and (2)(b), section 24, section 26 except in relation to type A licences under this Act, sections 27 and 28 and subsection 37(2) do not apply in respect of the Mackenzie Valley, as defined in section 2 of the Mackenzie Valley Resource Management Act.

  • Marginal note:Mackenzie Valley

    (3) Section 31 does not apply in respect of first nation lands within the meaning of Part 3 of the Mackenzie Valley Resource Management Act.

  • 1998, c. 25, s. 165;
  • 2000, c. 32, s. 69.
Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada, except that Her Majesty in right of Canada is not required to pay any fee prescribed by regulations made under subparagraph 33(1)(k)(i) or (ii).

Marginal note:Waters vested in Her Majesty

 Subject to any rights, powers or privileges granted pursuant to the Dominion Water Power Act or preserved under that Act, the property in and the right to the use and flow of all waters are vested in Her Majesty in right of Canada.

Application of Other Acts

Marginal note:Other Acts, etc., to be complied with

 Nothing in this Act, the regulations or a licence authorizes a person to contravene or fail to comply with any other Act or any regulation or order made thereunder, except as provided in that other Act, regulation or order.

Delegation to Northwest Territories Minister

Marginal note:Delegation to Northwest Territories Minister

 The Minister may, in writing, delegate to the person occupying the recognized position of Minister of the Northwest Territories responsible for water resources any of the Minister’s functions under section 10, subsections 13(1) and 14(6), section 20, paragraph 21(3)(c), subsection 23(4), paragraph 24(b) and section 31, either generally or as otherwise provided in the instrument of delegation.

Agreements

Marginal note:Agreements with provinces and territories

 With the approval of the Governor in Council and subject to any agreement entered into under section 5 or 11 of the Canada Water Act, the Minister may, on behalf of the Government of Canada, enter into an agreement with a provincial or territorial government providing for the management of any waters

  • (a) situated partially in the Northwest Territories and partially in a province or any other territory; or

  • (b) flowing between the Northwest Territories and a province or any other territory.

  • 1992, c. 39, s. 7;
  • 1993, c. 28, s. 78;
  • 1998, c. 15, s. 35.