Tlicho Land Claims and Self-Government (S.C. 2005, c. 1)
Full Document:
Assented to 2005-02-15
59. (1) Subsection 103(1) of the Act is replaced by the following:
Marginal note:Applications to Board
103. (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.
(2) Subsection 103(2) of the English version of the Act is replaced by the following:
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.
60. Section 104 of the Act is replaced by the following:
Marginal note:Power of chairperson
104. 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.
61. The Act is amended by adding the following after section 106:
Marginal note:Requirement to make recommendations
106.1 (1) The Board shall, at the request of the federal Minister, make recommendations to the federal Minister with respect to the amendment of this Act or the Northwest Territories Waters Act or the making or amendment of any instrument under this Act or that Act.
Marginal note:Discretion to make recommendations
(2) The Board may make recommendations to
(a) the Minister responsible for any Act of Parliament regarding the use of land or waters or the deposit of waste, with respect to the amendment of that Act or the making or amendment of any instrument under that Act;
(b) the territorial Minister with respect to the amendment of territorial laws regarding the use of land or waters or the deposit of waste;
(c) a local government with respect to the amendment of bylaws enacted by that government regarding the use of land or waters or the deposit of waste; and
(d) the Tlicho Government with respect to the amendment of Tlicho laws regarding the use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters.
62. Subsections 108(1) and (2) of the Act are replaced by the following:
Marginal note:Establishment of additional panels
108. (1) The Governor in Council may, on the recommendation of the federal Minister, establish up to two regional panels of the Board in addition to those referred to in subsections 99(2) and (2.1).
Marginal note:Powers
(2) The area of the Mackenzie Valley in which such a regional panel has jurisdiction shall be specified by the Governor in Council, following consultation with affected first nations, which area must be wholly outside any management area. Subsections 102(2) and 103(2) to (5) apply in relation to that area with such modifications as are required.
63. The Act is amended by adding the following after section 109:
Powers of Tlicho Government
Marginal note:Policy directions by the Tlicho Government
109.1 The Tlicho Government may exercise the same powers and shall perform the same duties in relation to the Board and the regional panel of the Board referred to in subsection 99(2.1) as those that the Tlicho Government has under section 83 in relation to the Wekeezhii Land and Water Board.
Precedence Relating to Policy Directions
Marginal note:Conflict between policy directions
109.2 (1) If there is a conflict between policy directions given by the federal Minister under section 109 and policy directions given by the Tlicho Government under section 109.1, the policy directions under section 109.1 prevail to the extent of the conflict.
Marginal note:Conflict between legislation and policy directions
(2) If there is a conflict between policy directions given by the federal Minister under section 109 or by the Tlicho Government under section 109.1 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.
64. The heading “Interpretation” before section 111 of the Act is replaced by the following:
Interpretation and Application
65. (1) The portion of section 111 of the Act before the definition “designated regulatory agency” is replaced by the following:
Marginal note:Definitions
111. (1) The following definitions apply in this Part.
Marginal note:2000, c. 32, s. 55
(2) The definition “development” in subsection 111(1) of the Act is replaced by the following:
“development”
« projet de développement »
“development” means any undertaking, or any part or extension of an undertaking, that is carried out on land or water and includes an acquisition of lands pursuant to the Historic Sites and Monuments Act and measures carried out by a department or agency of government leading to the establishment of a park subject to the Canada National Parks Act or the establishment of a park under a territorial law.
(3) Section 111 of the Act is amended by adding the following after subsection (1):
Marginal note:Application
(2) This Part applies in respect of developments to be carried out wholly or partly within the Mackenzie Valley and, except for section 142, does not apply in respect of developments wholly outside the Mackenzie Valley.
66. (1) Subsection 112(2) of the Act is replaced by the following:
Marginal note:Nominations by first nations and the Tlicho Government
(2) One half of the members of the Review Board other than the chairperson shall be persons appointed on the nomination of first nations and the Tlicho Government, including at least one nominated by the Gwich’in First Nation, one nominated by the Sahtu First Nation and one nominated by the Tlicho Government.
(2) Subsection 112(3) of the English version of the Act is replaced by the following:
Marginal note:Government members
(3) Of the members of the Review Board other than the chairperson and those appointed in accordance with subsection (2), at most one half shall be nominated by the territorial Minister.
(3) Subsection 112(4) of the Act is replaced by the following:
Marginal note:Quorum
(4) A quorum of the Review Board consists of five members, including two of the members appointed in accordance with subsection (2) and two of the members not so appointed other than the chairperson.
67. Section 115 of the Act is amended by striking out the word “and” at the end of paragraph (a), by adding the word “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) 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.
68. The Act is amended by adding the following after section 115:
Marginal note:Considerations
115.1 In exercising its powers, the Review Board shall consider any traditional knowledge and scientific information that is made available to it.
69. Paragraph 116(b) of the Act is replaced by the following:
(b) proposals that are the subject of agreements referred to in paragraph 141(2)(a) or (3)(b), to the extent provided by such agreements.
70. (1) Paragraph 117(2)(d) of the Act is replaced by the following:
(d) where the development is likely to have a significant adverse impact on the environment, the need for mitigative or remedial measures; and
(2) Section 117 of the Act is amended by adding the following after subsection (3):
Marginal note:Joint panels
(4) Subsections (2) and (3) apply in respect of an examination of a proposal for a development by a review panel, or a joint panel, established jointly by the Review Board and any other person or body.
71. Section 118 of the Act is replaced by the following:
Marginal note:Implementation of proposals
118. (1) No licence, permit or other authorization required for the carrying out of a development may be issued under any federal, territorial or Tlicho law unless the requirements of this Part have been complied with in relation to the development.
Marginal note:Implementation of proposals
(2) Where the Gwich’in or Sahtu First Nation, the Tlicho Government, a local government or a department or agency of the federal or territorial government proposes to carry out a development that does not require a licence, permit or other authorization under any federal, territorial or Tlicho law, it shall comply with the requirements of this Part before taking any irrevocable action in relation to the development.
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