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Marginal note:Referral of compensation to board

• 79 (1) If a compensation agreement referred to in section 77 or 78 is not entered into within the period allowed by the rules of the Gwich’in Land and Water Board or the Sahtu Land and Water Board, as the case may be, the applicant or the first nation may apply to the board for a determination of compensation.

• (2) On an application pursuant to 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 first nation’s use of waters when on or flowing through its first nation lands or waters adjacent to its first nation lands, and

    • (ii) its first nation lands, taking into account any cultural or special value of those lands to the first nation;

  • (b) the nuisance or inconvenience to the first nation, including noise, that may result on first nation lands;

  • (c) the effect on wildlife harvesting carried on by the first nation; and

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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.

• (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

  • [...]

  • (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).

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2 The definitions in this section apply in this Act.

Déline Agreement

Déline Agreement  means the Déline Final Self-Government Agreement among the Déline First Nation Band, the Déline Land Corporation, the Government of Canada and the Government of the Northwest Territories, signed on February 18, 2015, including any amendments made to it, that is approved, given effect and declared valid by the Déline Final Self-Government Agreement Act. (accord de Deline)

first nation

first nation means the Gwich’in First Nation, the Sahtu First Nation or bodies representing other Dene or Metis of the North Slave, South Slave or Deh Cho region of the Mackenzie Valley, but does not include the Tlicho First Nation or the Tlicho Government. (première nation)

Gwich’in First Nation

Gwich’in First Nation means the Gwich’in as represented by the Gwich’in Tribal Council referred to in the Gwich’in Agreement or by any successor to it. (première nation des Gwich’in)

Sahtu First Nation

Sahtu First Nation means the Sahtu Dene and Metis as represented by The Sahtu Secretariat Incorporated, a corporation without share capital under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, being the successor, for the purposes of this Act, to the Sahtu Tribal Council referred to in the Sahtu Agreement, or by any successor to that corporation. It also includes the Déline Got’ine Government in the case where The Sahtu Secretariat Incorporated or its successor has made a delegation or assignment to that government of any powers and functions conferred under this Act. (première nation du Sahtu)

Tlicho First Nation

Tlicho First Nation means the aboriginal people of Canada to whom section 35 of the Constitution Act, 1982 applies, consisting of all Tlicho citizens. (première nation tlicho)

Tlicho Government

Tlicho Government  means the government of the Tlicho First Nation established in accord­ance with chapter 7 of the Tlicho Agreement. (gouvernement tlicho)

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2 The definitions in this section apply in this Act.

Déline Agreement

Déline Agreement  means the Déline Final Self-Government Agreement among the Déline First Nation Band, the Déline Land Corporation, the Government of Canada and the Government of the Northwest Territories, signed on February 18, 2015, including any amendments made to it, that is approved, given effect and declared valid by the Déline Final Self-Government Agreement Act. (accord de Deline)

first nation

first nation means the Gwich’in First Nation, the Sahtu First Nation or bodies representing other Dene or Metis of the North Slave, South Slave or Deh Cho region of the Mackenzie Valley, but does not include the Tlicho First Nation or the Tlicho Government. (première nation)

Gwich’in First Nation

Gwich’in First Nation means the Gwich’in as represented by the Gwich’in Tribal Council referred to in the Gwich’in Agreement or by any successor to it. (première nation des Gwich’in)

Sahtu First Nation

Sahtu First Nation means the Sahtu Dene and Metis as represented by The Sahtu Secretariat Incorporated, a corporation without share capital under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, being the successor, for the purposes of this Act, to the Sahtu Tribal Council referred to in the Sahtu Agreement, or by any successor to that corporation. It also includes the Déline Got’ine Government in the case where The Sahtu Secretariat Incorporated or its successor has made a delegation or assignment to that government of any powers and functions conferred under this Act. (première nation du Sahtu)

Tlicho First Nation

Tlicho First Nation means the aboriginal people of Canada to whom section 35 of the Constitution Act, 1982 applies, consisting of all Tlicho citizens. (première nation tlicho)

Tlicho Government

Tlicho Government  means the government of the Tlicho First Nation established in accord­ance with chapter 7 of the Tlicho Agreement. (gouvernement tlicho)

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51 The definitions in this section apply in this Part.

first nation lands

first nation lands , in relation to a first nation, means

• (a) settlement lands of the first nation; or

• (b) lands situated within the boundaries of a local government and referred to in the first nation’s land claim agreement as municipal lands. (terres d’une première nation)

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