Marginal note:Day on which application is made

72.21 An application for the issuance, renewal or amendment of a licence is considered to be made on the day on which the Board is satisfied that the application is in the form, and contains all of the information,

Marginal note:Excluded period — information or studies

• 72.22 (1) If the Board requires the applicant or the licensee to provide information or studies, then the period that is taken by that applicant or licensee, in the Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection 72.18(1), section 72.19 or 72.2 or of its extension.

Marginal note:Suspension of time limit

72.23 The Board may suspend a time limit referred to in subsection 72.18(1) or section 72.19 or 72.2 or its extension

• (a) if the Board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 72.03(5), until the applicant satisfies the Board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;

• (b) if the Board is not permitted to issue a licence except in accordance with subsection 72.05(1), until the applicant has entered into a compensation agreement under paragraph 72.05(1)(a) or until a determination of compensation has been made under paragraph 72.05(1)(b), as the case may be;

• (c) if the Board is not permitted to issue a licence with respect to lands outside a federal area except in accordance with any compensation requirement under any territorial law, until the requirement has been fulfilled; or

• (d) if the Board determines that the applicant is required to enter into a compensation agreement under section 77 or 79.1, until the applicant satisfies the Board that they have done so or the Board has determined, under section 79 or 79.3, the compensation payable by the applicant.

Marginal note:Extension of time limit by federal Minister

• 72.24 (1) The federal Minister may, at the request of the Board, extend the time limit referred to in subsection 72.18(1), section 72.19 or 72.2 by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.

Marginal note:Reasons — decisions and orders

72.25 The Board shall issue, and make available to the public, written reasons for its decisions or orders relating to any licence, or any application for a licence, in respect of a federal area or lands outside a federal area.

Marginal note:Copies of licences

72.28 The Board shall provide the territorial Minister with copies of licences issued under this Part and of any decisions and orders relating to such licences.

Marginal note:Use without licence

• 73. (1) Despite sections 72 and 72.01 or any territorial law, the Gwich’in and Sahtu First Nations have the right to use waters or to deposit waste without a licence for purposes of trapping and non-commercial wildlife harvesting other than trapping, for purposes of transportation related to those activities and for traditional heritage, cultural and spiritual purposes.

• Marginal note:Use without licence — Tlicho citizens

  (2) Despite sections 72 and 72.01 or any territorial law — and subject to any applicable Tlicho laws and, in relation to waters that are on settlement lands, any limitations under the applicable land claim agreement that are of the same type as those that apply in relation to waters on Tlicho lands — Tlicho citizens have the right to use water in the part of Monfwi Gogha De Niitlee that is in the Northwest Territories without a licence, for purposes of wildlife harvesting under 10.1.1 of chapter 10 of the Tlicho Agreement, for purposes of transportation related to such wildlife harvesting and for heritage, cultural or spiritual purposes of the Tlicho First Nation.

Marginal note:Exclusive right

74. Despite section 7.1, the Gwich’in and Sahtu First Nations have the exclusive right to the use of waters when on or flowing through their first nation lands and to the deposit of waste in relation to those waters in accordance with the other provisions of this Part or any territorial law, as the case may be.

Marginal note:Issuance, amendment or renewal of licences, etc.

76. The Board may issue, amend or renew a licence, permit or other authorization if the use of land or waters or the deposit of waste proposed by the applicant would, in the Board’s opinion, interfere with a first nation’s rights under section 75, if the Board is satisfied that

Marginal note:Conditions for licence

77. The Board may issue, amend or renew a licence under section 76 only if

Marginal note:Conditions for licence

79.1 The Board is not permitted to issue, amend or renew a licence for the use of waters or the deposit of waste if, in its opinion, that use or deposit is likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands unless

Marginal note:Application to water authority

• 79.2 (1) The Board shall notify a water authority in writing if the Board determines that a use of waters or a deposit of waste that is proposed, in an application made to the water authority, to be carried out in one of the places set out below would be likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands:

  • (a) Nunavut or an area of the Northwest Territories outside the Mackenzie Valley;

  • (b) a park to which the Canada National Parks Act applies, or lands acquired under the Historic Sites and Monuments Act, in Wekeezhii.

Marginal note:Referral of compensation to Board

• 79.3 (1) If a compensation agreement referred to in paragraph 79.1(b) or 79.2(3)(a), as the case may be, is not entered into, the applicant or the Tlicho Government may, after having participated in mediation under chapter 6 of the Tlicho Agreement, apply to the Board for a determination of compensation.

• Marginal note:Reference to Board

  (4) On application by any person, department, agency or government requesting the supply of, or access to, materials under subsection (1) and after the applicant has participated in mediation under chapter 6 of the Tlicho Agreement, the Board shall

Recommendations

Marginal note:Recommendations to federal Minister

• 83.1 (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 making or amendment of any instrument under this Act.

• Marginal note:Other 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.

Cooperation with Other Authorities

Marginal note:Coordination

83.2 If a use of land or waters or a deposit of waste proposed by an applicant for a licence or permit is likely to have an impact in an area outside the Mackenzie Valley, whether within or outside the Northwest Territories, the Board may consult any government, aboriginal group or other body responsible for the regulation of such uses or deposits in that area and may, with the approval of the federal Minister, hold joint hearings with or enter into agreements with any of them for the coordination of activities and the avoidance of duplication.