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

Act current to 2017-12-11 and last amended on 2016-09-01. Previous Versions

Marginal note:National parks and historic sites
  •  (1) Subject to paragraph 102(2)(b), this Part does not apply in respect of the use of land or waters or the deposit of waste within a park or park reserve to which the Canada National Parks Act applies or within lands acquired pursuant to the Historic Sites and Monuments Act.

  • Marginal note:Consultation with Board

    (2) Notwithstanding subsection (1), an authority responsible for authorizing uses of land or waters or deposits of waste in a portion of the Mackenzie Valley excluded by that subsection from the application of this Part shall consult the Board before authorizing any such use or deposit.

  • Marginal note:Consultation with authority

    (3) The Board shall consult the responsible authority referred to in subsection (2) before issuing a licence, permit or authorization for a use of land or waters or deposit of waste that may have an effect in the portion of the Mackenzie Valley excluded by subsection (1) from the application of this Part.

  • 1998, c. 25, s. 97;
  • 2000, c. 32, s. 68.
Marginal note:Local government jurisdiction
  •  (1) This Part does not apply in respect of the use of land within the boundaries of a local government to the extent that the local government regulates that use.

  • Marginal note:Agreement

    (2) The Board and the territorial Minister shall, in consultation with each local government, jointly determine the extent to which the local government regulates the use of land within its boundaries for the purposes of subsection (1).

  • Marginal note:Dissemination

    (3) A determination under subsection (2) shall be made available to the public at the main office of the Board and that of the local government.

Establishment of Board

Marginal note:Board established
  •  (1) There is hereby established a board to be known as the Mackenzie Valley Land and Water Board.

  • Marginal note:Regional panels — Gwich’in and Sahtu Boards

    (2) On the coming into force of this Part, a board established by section 54 or 56 continues as a regional panel of the Board under the same name and in respect of the same management area as that of the board. Its members become members of the Board.

  • Marginal note:Regional panel — Wekeezhii Board

    (2.1) Six months after the coming into force of section 57.1, the board established by that section continues as a regional panel of the Board under the same name and in respect of the same management area as that of the board. Its members become members of the Board.

  • Marginal note:Applicable provisions

    (3) The provisions of Part 1 respecting the appointment, tenure and removal from office of members of a board and respecting the chairperson of a board, and the provisions of Part 3 respecting the appointment of members of a board, the quorum of a board and its main office, continue to apply to a regional panel.

  • Marginal note:Composition

    (4) In addition to the members of the regional panels referred to in subsections (2) and (2.1) and a chairperson, the Board shall, subject to subsection 108(7), consist of

    • (a) two members appointed following consultation by the federal Minister with the first nations and the Tlicho Government;

    • (b) one member appointed on the nomination of the territorial Minister; and

    • (c) one other member.

  • 1998, c. 25, s. 99;
  • 2005, c. 1, s. 56.
Marginal note:Annual meeting

 The Board shall hold at least one plenary meeting in each year.

Marginal note:Main office

 The main office of the Board shall be at Yellowknife or at such other place in the Mackenzie Valley as is designated by the Governor in Council.

Mandate of Board

Marginal note:Objectives — Board
  •  (1) The objectives of the Board are to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit generally for all Canadians and in particular for residents of the Mackenzie Valley.

  • Marginal note:Objectives — Gwich’in and Sahtu regional panels

    (2) The objectives of a regional panel referred to in subsection 99(2) are to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit for residents of its management area and of the Mackenzie Valley and for all Canadians.

  • Marginal note:Objectives — Wekeezhii regional panel

    (3) The objectives of the regional panel referred to in subsection 99(2.1) are to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit generally for all Canadians and in particular for residents of its management area.

  • 2005, c. 1, s. 58.
Marginal note:Jurisdiction — Board
  •  (1) The Board has jurisdiction in respect of all uses of land in the Mackenzie Valley for which a permit is required under Part 3 and in respect of all uses of waters or deposits of waste in the Mackenzie Valley for which a licence is required under Part 3 or any territorial law, as the case may be, and for that purpose the Board has the powers and duties of a board established under Part 3, other than powers under sections 78, 79 and 79.2 to 80.1, as if a reference in that Part to a management area were a reference to the Mackenzie Valley, except that, with regard to subsection 61(2), the reference to management area continues to be a reference to Wekeezhii.

  • Marginal note:Jurisdiction — regional panels

    (2) A regional panel of the Board shall exercise

    • (a) the powers and duties referred to in subsection (1) in respect of a use of land or waters or a deposit of waste that is to take place, and that is likely to have an impact, wholly within the management area of the regional panel; and

    • (b) the powers conferred by sections 78, 79 and 79.2 to 80.1 on the board established under Part 3 for that management area.

  • 1998, c. 25, s. 102;
  • 2005, c. 1, s. 58;
  • 2014, c. 2, s. 195.
Marginal note:Applications to Board
  •  (1) An application shall be made to the Board where the application relates to a use of land or waters or a deposit of waste

    • (a) that is to take place, or is likely to have an impact, in more than one management area, or in a management area and an area outside any management area; or

    • (b) that is to take place wholly outside any management area.

  • Marginal note:Applications to regional panel

    (2) An application relating to a use of land or waters or a deposit of waste described in subsection 102(2), including an application relating to a licence or permit for such a use or deposit issued pursuant to Part 3 before the coming into force of this Part, shall be made to the regional panel of the Board for the management area referred to in that subsection.

  • Marginal note:Copies of panel applications

    (3) A regional panel of the Board shall provide the Board with a copy of every application made to the regional panel.

  • Marginal note:Referral between Board and panels

    (4) Where the Board determines that an application made to a regional panel of the Board should have been made to the Board, the Board shall dispose of the application, and where it determines that an application made to it should have been made to a regional panel, it shall refer the application to the regional panel for disposition.

  • Marginal note:Decisions of regional panels

    (5) For greater certainty, a decision made by a regional panel of the Board on an application is a decision of the Board.

  • 1998, c. 25, s. 103;
  • 2005, c. 1, s. 59.
Marginal note:Power of chairperson

 Applications referred to in subsection 103(1) shall be disposed of by three or more members of the Board designated by the chairperson for that purpose, including at least one of the members appointed to a regional panel — on the nomination of a first nation or by the Tlicho Government — or appointed to the Board following consultation with first nations and the Tlicho Government and at least one of the members of the Board not so appointed.

  • 1998, c. 25, s. 104;
  • 2005, c. 1, s. 60.

 [Repealed, 2014, c. 2, s. 196]

Marginal note:Board directions

 The Board may issue directions on general policy matters or on matters concerning the use of land or waters or the deposit of waste that, in the Board’s opinion, require consistent application throughout the Mackenzie Valley.

 
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