Tlicho Land Claims and Self-Government (S.C. 2005, c. 1)
Full Document:
Assented to 2005-02-15
47. Sections 82 and 83 of the Act are replaced by the following:
Marginal note:Consultation with first nations and Tlicho Government
82. (1) The federal Minister shall consult the Gwich’in and Sahtu First Nations and the Tlicho Government with respect to the amendment of the Northwest Territories Waters Act or regulations made under that Act.
Marginal note:Consultation with boards
(2) The federal Minister shall consult the boards with respect to the amendment of this Act or the Northwest Territories Waters Act or the making or amendment of any instrument pursuant to this Act or that Act.
Policy Directions
Marginal note:Minister’s policy directions to board
83. (1) The federal Minister may, after consultation with a board, give written policy directions binding on the board with respect to the exercise of any of its functions under this Part. The federal Minister shall also consult the Tlicho Government before giving such written policy directions to the Wekeezhii Land and Water Board.
Marginal note:Policy directions by the Tlicho Government to the Wekeezhii Board
(2) The Tlicho Government may, after consultation with the Wekeezhii Land and Water Board and the federal Minister, give written policy directions with respect to the exercise of any of its functions under this Part in relation to the use of Tlicho lands. Policy directions shall be binding on the Board to the extent that compliance with them does not require the Board to exceed its approved budget.
Marginal note:Limitation
(3) Except as provided by subsection (4), policy directions do not apply in respect of any application that, at the time the directions are given, is pending before a board or has been approved by a board and is awaiting approval under section 81.
Marginal note:Exception
(4) Policy directions apply in respect of an application referred to in subsection (3) if their non-application could result in the inconsistency of a licence, permit or authorization with another Act or with a regulation or order made under another Act.
Marginal note:Conflict between policy directions
(5) If there is a conflict between policy directions given by the federal Minister under subsection (1) and policy directions given by the Tlicho Government under subsection (2), the policy directions given under subsection (2) prevail to the extent of the conflict.
Marginal note:Conflict between legislation and policy directions
(6) If there is a conflict between policy directions given by the federal Minister or the Tlicho Government under this section and the provisions of any Act of Parliament, any regulations made under an Act of Parliament or any territorial law, those provisions prevail to the extent of the conflict.
48. Section 85 of the Act is amended by adding the following after subsection (2):
Marginal note:Notice to Tlicho Government
(2.1) An inspector shall, if it is reasonable to do so, give the Tlicho Government prior notice of entry by the inspector on Tlicho lands.
49. Section 89 of the Act is amended by adding the following after subsection (1):
Marginal note:Notice to Tlicho Government by water inspector
(1.1) An inspector designated under the Northwest Territories Waters Act shall, if it is reasonable to do so, give the Tlicho Government prior notice of entry on Tlicho lands.
50. The portion of section 90 of the Act before paragraph (a) is replaced by the following:
Marginal note:Regulations respecting the use of land
90. The Governor in Council may, following consultation by the federal Minister with first nations and the Tlicho Government, make regulations respecting the protection, control and use of lands in the Mackenzie Valley and, in particular, may make regulations
51. The Act is amended by adding the following after section 90:
Marginal note:Prohibition — Tlicho lands
90.1 Even if the regulations do not require a permit or authorization under Part 3 or 4 for a particular use of land, no person shall use Tlicho lands without such a permit or authorization if one is required by a Tlicho law for uses of that type.
Marginal note:Exemption for use of land in Tlicho communities
90.2 Despite the regulations, a permit or authorization under Part 3 or 4 for a particular use of land in a Tlicho community is not required if the local government of that community has enacted a bylaw providing that one is not required for uses of that type.
52. Paragraph 91(b) of the Act is replaced by the following:
(b) respecting the determination of matters in dispute under section 80 or 80.1.
53. (1) Subsection 92(1) of the Act is replaced by the following:
Marginal note:Principal offences
92. (1) Every person who contravenes section 90.1, any provision of the regulations, any condition of a permit or an order of an inspector under subsection 86(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding six months, or to both.
(2) Subsection 92(2) of the English version of the Act is replaced by the following:
Marginal note:Reparation
(2) In addition to the penalty provided by subsection (1), a court that convicts a person of using land without a permit may, taking into account the nature of the offence and the circumstances of its commission, order the person to take any measures that it considers reasonable in order to repair or limit any damage resulting from the act or omission that constituted the offence.
54. Section 95 of the Act is replaced by the following:
Marginal note:Fees
95. Notwithstanding subsection 14(1) of the Northwest Territories Waters Act, the Gwich’in and Sahtu First Nations and the Tlicho Government are not required to pay any fee in respect of the use of waters or the deposit of waste for non-commercial purposes on their first nation lands or Tlicho lands, as the case may be.
55. Subsections 96(2) and (3) of the Act are replaced by the following:
Marginal note:Terms defined in Part 3
(2) In this Part, the expressions “first nation lands”, “land”, “management area” and “waters” have the same meaning as in Part 3.
Meaning of “permit”
(3) For the purposes of this Part, references to a permit in section 90, in the regulations made pursuant to that section and in sections 90.1, 90.2 and 92 include a permit as defined in subsection (1).
56. Subsections 99(2) to (4) of the Act are replaced by the following:
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.
57. The heading before section 102 of the French version of the Act is replaced by the following:
Mission et compétence de l’Office
58. Section 102 of the Act is replaced by the following:
Marginal note:Objectives — Board
101.1 (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.
Marginal note:Jurisdiction — Board
102. (1) The Board has jurisdiction in respect of all uses of land or waters or deposits of waste in the Mackenzie Valley for which a permit is required under Part 3 or a licence is required under the Northwest Territories Waters Act, 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.
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