Marginal note:Exemption

• 9.1 (1) Sections 8 and 9 do not apply in respect of a use of waters or a deposit of waste in a Tlicho community, if the local government of that community has enacted a bylaw providing that a licence is not required for that type of use or deposit.

• Marginal note:Same meaning

  (2) The expressions “Tlicho community” and “local government” in subsection (1) have the same meaning as in section 2 of the Mackenzie Valley Resource Management Act.

Marginal note:Establishment of Board

• 10. (1) There is hereby established the Northwest Territories Water Board, consisting of from four to nine members appointed by the Minister.

• Marginal note:Membership

  (2) The membership of the Board shall include

  • (a) at least one nominee of the Minister presiding over each of the departments of the Government of Canada that, in the opinion of the Governor in Council, are most directly concerned with the management of waters; and

  • (b) at least three nominees of the person occupying the recognized position of Government Leader of the Northwest Territories.

• Marginal note:Chairperson and vice-chairperson

  (3) The Minister shall designate two members of the Board to be chairperson and vice-chairperson, respectively.

• Marginal note:Main office

  (4) The main office of the Board shall be at Yellowknife, in the Northwest Territories.

Marginal note:Staff of Board

11. The Minister shall provide such officers and employees from within the federal public administration and such professional and technical advisers as are necessary for the proper conduct of the business of the Board.

Marginal note:Objects

12. The objects of the Board are to provide for the conservation, development and utilization of waters in a manner that will provide the optimum benefit for all Canadians in general and, in particular, for the residents of any part of the Northwest Territories for which the Board is authorized to issue licences.

Marginal note:Minister’s policy directions to Board

• 13. (1) The Minister may give written policy directions to the Board with respect to the carrying out of any of the Board’s functions under this Act, and the Board shall, subject to subsections (2) and (3), comply with any such policy directions.

• Marginal note:Limitation

  (2) Except as provided by subsection (3), a policy direction does not apply in respect of applications that, at the time when the policy direction is given,

  • (a) are pending before the Board; or

  • (b) have been approved by the Board and are awaiting approval under subsection 14(6).

• Marginal note:Exception

  (3) A policy direction applies in respect of applications referred to in subsection (2) if non-application of the policy direction could result in a licence that is inconsistent with another Act or a regulation or order made thereunder.

• Marginal note:Statutory Instruments Act

  (4) A policy direction shall be deemed not to be a regulation within the meaning of the Statutory Instruments Act.