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Northwest Territories Devolution Act (S.C. 2014, c. 2)

Assented to 2014-03-25

PART 31992, c. 39NORTHWEST TERRITORIES WATERS ACT

Amendments to the Act

  •  (1) The definition “licensee” in section 2 of the English version of the Northwest Territories Waters Act is repealed.

  • (2) The definition “Board” in section 2 of the Act is replaced by the following:

    “Board”

    « Office »

    “Board” means the Inuvialuit Water Board established by section 10;

  • (3) Section 2 of the Act is amended by adding the following in alphabetical order:

    “Gwich’in First Nation”

    « première nation des Gwichins »

    “Gwich’in First Nation” has the same meaning as in section 2 of the Mackenzie Valley Resource Management Act;

    “Inuvialuit Final Agreement”

    « Convention définitive des Inuvialuits »

    “Inuvialuit Final Agreement” means the Agreement as defined in section 2 of the Western Arctic (Inuvialuit) Claims Settlement Act;

    “Inuvialuit Regional Corporation”

    « Société régionale inuvaluite »

    “Inuvialuit Regional Corporation” means the Inuvialuit Regional Corporation referred to in the Inuvialuit Final Agreement, or an entity designated by that Corporation;

    “Inuvialuit Settlement Region”

    « région inuvialuite designée »

    “Inuvialuit Settlement Region” has the same meaning as in section 2 of the Inuvialuit Final Agreement;

    “penalty”

    « pénalité »

    “penalty” means an administrative monetary penalty imposed under this Act for a violation;

    “Sahtu First Nation”

    « première nation du Sahtu »

    “Sahtu First Nation” has the same meaning as in section 2 of the Mackenzie Valley Resource Management Act;

    “territorial minister”

    « ministre territorial »

    “territorial minister” means the person occupying the recognized position of Minister of the Northwest Territories responsible for water resources;

    “Tlicho Government”

    « gouvernement tlicho »

    “Tlicho Government” has the same meaning as in section 2 of the Mackenzie Valley Resource Management Act;

Marginal note:1998, c. 25, s. 165(2)

 Subsection 2.1(2) of the Act is replaced by the following:

  • Marginal note:Mackenzie Valley

    (2) Sections 7.2, 7.3, 10 to 13, 18.1, 20 and 22, paragraphs 23(1)(b) and (2)(b), section 24, subsections 24.3(2) and (3), section 24.6, section 26 except in relation to type A licences, sections 27 to 28.2, subsection 37(2) and sections 44.01 to 44.3 do not apply in respect of the Mackenzie Valley, as defined in section 2 of the Mackenzie Valley Resource Management Act.

 Section 6 of the Act is replaced by the following:

Marginal note:Delegation to territorial minister

6. After consultation with the Board, the Minister may, in writing, delegate to the territorial minister any of the Minister’s powers, duties and functions under this Act, either generally or as otherwise provided in the instrument of delegation.

 The Act is amended by adding the following after section 7.1:

Consultation

Marginal note:Duty to consult

7.2 When, in relation to any matter, a reference is made in this Act to consultation, the duty to consult shall be exercised

  • (a) by providing, to the party to be consulted,

    • (i) notice of the matter in sufficient form and detail to allow the party to prepare its views on the matter,

    • (ii) a reasonable period for the party to prepare its views, and

    • (iii) an opportunity to present its views to the party having the duty to consult; and

  • (b) by considering, fully and fairly, any views so presented.

Marginal note:Consultation — Act or regulation

7.3 The Minister shall consult with the Gwich’in and Sahtu First Nations, the Tlicho Government, the Inuvialuit Regional Corporation, the territorial minister and the Board with respect to the amendment of this Act or the making or amendment of any regulation under this Act.

 Section 10 of the Act and the heading before it are replaced by the following:

INUVIALUIT WATER BOARD

Board Established

Marginal note:Establishment
  • 10. (1) The Inuvialuit Water Board is established.

  • Marginal note:Capacity

    (2) The Board has, for the purposes of its functions, the capacity, rights, powers and privileges of a natural person.

  • Marginal note:Main office

    (3) The main office of the Board shall be at any place that is in the portion of the Inuvialuit Settlement Region located in the Northwest Territories and that is designated by the Governor in Council. If no place is so designated, it shall be at Inuvik.

  • Marginal note:Membership

    (4) The Board shall consist of five members appointed by the Minister, including the Chairperson, two members appointed on the nomination of the Inuvialuit Regional Corporation and one member appointed on the nomination of the territorial minister.

Marginal note:Chairperson — nomination by members
  • 10.1 (1) The Chairperson of the Board shall be appointed by the Minister from persons nominated by a majority of the members of the Board.

  • Marginal note:Chairperson — appointment by Minister

    (2) If a majority of the members of the Board does not nominate a person acceptable to the Minister within a reasonable time, the Minister may appoint any person as Chairperson.

  • Marginal note:Absence or incapacity of Chairperson

    (3) The Board may designate a member to act as its Chairperson during the absence or incapacity of the Chairperson or a vacancy in the office of Chairperson, and that person while so acting may exercise the powers and shall perform the duties and functions of the Chairperson.

Marginal note:Powers, duties and functions of Chairperson

10.2 The Chairperson of the Board is its chief executive officer and has the powers, duties and functions prescribed by the rules of the Board.

Marginal note:Quorum

10.3 A quorum of the Board consists of three members, including one of the members appointed on the nomination of the Inuvialuit Regional Corporation and one of the members not so appointed other than the Chairperson.

Marginal note:Alternate members

10.4 The Minister may appoint alternate members to act in the event of the absence or incapacity, or a vacancy in the office, of a member of the Board, including

  • (a) one or more persons on the nomination of the Inuvialuit Regional Corporation to act as a member when the absence or incapacity, or vacancy in the office, is in respect of a member who was appointed on such a nomination;

  • (b) one or more persons on the nomination of the territorial minister to act as a member when the absence or incapacity, or vacancy in the office, is in respect of a member who was appointed on such a nomination; and

  • (c) one or more persons to act when the absence or incapacity, or vacancy in the office, is in respect of a member other than a member referred to in paragraph (a) or (b).

Term of Office

Marginal note:Term of office
  • 10.5 (1) Members of the Board and alternate members hold office for a term of three years.

  • Marginal note:Reappointment

    (2) Members of the Board and alternate members may be reappointed in the same or another capacity.

  • Marginal note:Removal by Minister after consultation

    (3) Members of the Board and alternate members may be removed from office for cause by the Minister, after consultation by the Minister with the Board. If the member or alternate member was appointed on the nomination of the Inuvialuit Regional Corporation or the territorial minister, the Minister shall also consult with the Inuvialuit Regional Corporation or the territorial minister, as the case may be.

Marginal note:Acting after expiry of term
  • 10.6 (1) If the Chairperson is of the opinion that it is necessary for a member of the Board to continue to act after the expiry of that member’s term in order for the Board to make a decision in relation to the issuance, renewal, amendment or cancellation of a licence, as the case may be, the Chairperson may request in writing that the Minister authorize the member to act in relation to that matter until a decision is made. For the purpose of the appointment of a replacement, their office is deemed to be vacant as soon as their term expires.

  • Marginal note:Request

    (2) A request under subsection (1) shall be made at least two months before the day on which the member’s term expires.

  • Marginal note:Deemed acceptance

    (3) If the Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.

Remuneration

Marginal note:Remuneration and expenses — members
  • 10.7 (1) Members of the Board are to receive the remuneration determined by the Minister for the exercise of their powers and the performance of their duties and functions and are to be paid the travel and living expenses that are incurred by them while absent from their ordinary place of residence that are consistent with Treasury Board directives for public servants.

  • Marginal note:Remuneration and expenses — alternate members

    (2) Alternate members are not entitled to receive any remuneration unless they attend a meeting, training session or other event at the request of the Chairperson, in which case they are to receive the remuneration that is determined by the Minister, and are to be paid the travel and living expenses incurred by them while absent from their ordinary place of residence that are consistent with Treasury Board directives for public servants.

 
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