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:Considerations

 In exercising its powers, a board shall consider

  • (a) the importance of conservation to the well-being and way of life of the aboriginal peoples of Canada to whom section 35 of the Constitution Act, 1982 applies and who use an area of the Mackenzie Valley; and

  • (b) any traditional knowledge and scientific information that is made available to it.

  • 2005, c. 1, s. 35.
Marginal note:Conformity with land use plan — Gwich’in and Sahtu Boards
  •  (1) The Gwich’in Land and Water Board and the Sahtu Land and Water Board may not issue, amend or renew a licence, permit or authorization except in accordance with an applicable land use plan under Part 2.

  • Marginal note:Conformity with land use plan — Wekeezhii Board

    (2) The Wekeezhii Land and Water Board may not issue, amend or renew a licence, permit or authorization except in accordance with any land use plan, established under a federal, territorial or Tlicho law, that is applicable to any part of its management area.

  • 1998, c. 25, s. 61;
  • 2005, c. 1, s. 35.
Marginal note:Conformity with Tlicho laws — Wekeezhii Board

 The Wekeezhii Land and Water Board may not exercise its discretionary powers relating to the use of Tlicho lands except in accordance with any Tlicho laws enacted under 7.4.2 of chapter 7 of the Tlicho Agreement.

  • 2005, c. 1, s. 35.
Marginal note:Requirements of Part 5

 A board may not issue a licence, permit or authorization for the carrying out of a proposed development within the meaning of Part 5 unless the requirements of that Part have been complied with, and every licence, permit or authorization so issued shall include any conditions that are required to be included in it pursuant to a decision made under that Part.

Marginal note:Copies of applications
  •  (1) A board shall provide a copy of each application made to the board for a licence or permit to the owner of any land to which the application relates and to appropriate departments and agencies of the federal and territorial governments.

  • Marginal note:Notice of applications

    (2) A board shall notify affected communities and first nations of an application made to the board for a licence, permit or authorization and allow a reasonable period of time for them to make representations to the board with respect to the application.

  • Marginal note:Notice to Tlicho Government

    (3) The Wekeezhii Land and Water Board shall notify the Tlicho Government of an application made to the Board for a licence, permit or authorization and allow a reasonable period of time for it to make representations to the Board with respect to the application.

  • Marginal note:Consultation with Tlicho Government

    (4) The Wekeezhii Land and Water Board shall consult the Tlicho Government before issuing, amending or renewing any licence, permit or authorization for a use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters.

  • Marginal note:Consultation with Déline Got’ine Government

    (5) The Sahtu Land and Water Board shall consult the Déline Got’ine Government before issuing, amending or renewing any licence, permit or authorization for a use of Déline lands or waters on those lands or a deposit of waste on those lands or in those waters.

  • 1998, c. 25, s. 63;
  • 2005, c. 1, s. 36;
  • 2015, c. 24, s. 29.
Marginal note:Heritage resources
  •  (1) A board shall seek and consider the advice of any affected first nation and, in the case of the Wekeezhii Land and Water Board, the Tlicho Government and any appropriate department or agency of the federal or territorial government respecting the presence of heritage resources that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.

  • Marginal note:Wildlife resources

    (2) A board shall seek and consider the advice of the renewable resources board established by the land claim agreement applicable in its management area respecting the presence of wildlife and wildlife habitat that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.

  • 1998, c. 25, s. 64;
  • 2005, c. 1, s. 37.
Marginal note:Guidelines and policies — permits
  •  (1) Subject to the regulations, a board may establish guidelines and policies respecting permits and other authorizations, including their issuance under this Part.

  • Marginal note:Guidelines and policies — licences

    (2) Subject to the regulations and any territorial law, a board may establish guidelines and policies respecting licences, including their issuance under this Part.

  • 1998, c. 25, s. 65;
  • 2014, c. 2, s. 140.
Marginal note:Copies of licences and permits

 A board shall provide the federal Minister with copies of licences, permits and authorizations issued under this Part and of decisions and orders relating to them.

Marginal note:Final decision

 Subject to sections 32 and 72.13, or any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of a board is final and binding.

  • 1998, c. 25, s. 67;
  • 2014, c. 2, s. 141.
Marginal note:Public register
  •  (1) A board shall maintain at its main office, in any form that is prescribed by the regulations, a register convenient for use by the public in which shall be entered, for each application received and each licence or permit issued, the information prescribed by the regulations.

  • Marginal note:Register to be open to inspection

    (2) The register shall be open to inspection by any person during the board’s normal business hours, subject to the payment of any fee prescribed by the regulations.

  • Marginal note:Copies of contents of register

    (3) A board shall, on request and on payment of any fee prescribed by the regulations, make available copies of information contained in the register.

  • 1998, c. 25, s. 68;
  • 2005, c. 1, s. 38;
  • 2014, c. 2, s. 141.

Special Rules for Land Use

Marginal note:Protection of the environment

 Before issuing a permit for a use of land, a board shall, with respect to conditions of the permit for the protection of the environment, consult

  • (a) the territorial Minister, in the case of land of which the Commissioner of the Northwest Territories has administration and control;

  • (b) the minister of the Government of Canada having administration and control of the land in the case of any land under that minister’s administration and control; or

  • (c) the owner of the land, in any other case.

  • 1998, c. 25, s. 69;
  • 2014, c. 2, s. 142.
Marginal note:Delegation to staff

 A board may, by instrument of delegation, specify permits from among a class prescribed by the regulations that an employee of the Board named in the instrument may issue, amend or renew and whose assignment the employee may approve.

Marginal note:Posting security
  •  (1) A board may require, as a condition of a permit or as a condition of the assignment of a permit, the posting of security with the federal Minister in a form prescribed by the regulations or a form satisfactory to the federal Minister and in an amount specified in, or determined in accordance with, the regulations.

  • Marginal note:Notice

    (2) The federal Minister shall notify a board of the posting of security so required.

  • Marginal note:Application of security

    (3) Where damage to lands results from a permittee’s contravention of any provision of the regulations or a permit, the board may request of the federal Minister that all or part of the security posted by the permittee be applied toward the costs incurred in repairing the damage.

  • Marginal note:Liability not limited

    (4) This section does not affect the liability of a permittee for any damages to land in excess of the amount of the posted security.

  • Marginal note:Refund of security

    (5) The federal Minister shall, in accordance with the regulations, refund any part of the security posted by the permittee that is not applied pursuant to this Part.

 
Date modified: