Northwest Territories Devolution Act (S.C. 2014, c. 2)
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Assented to 2014-03-25
PART 41998, c. 25MACKENZIE VALLEY RESOURCE MANAGEMENT ACT
Amendments to the Act
Marginal note:2005, c. 1, s. 22
122. Section 15 of the Act is replaced by the following:
Marginal note:Implementation of right of representation of other aboriginal peoples
15. Despite any provision of this Act respecting members of a board, if an aboriginal people has a right under a land claim agreement to representation on that board in relation to a decision of the board that might affect an area used by that aboriginal people that is outside the board’s area of jurisdiction, the board shall, in accordance with that land claim agreement, determine how to implement that right, so long as the number of members nominated by a first nation, nominated or appointed by the Tlicho Government, as the case may be, or appointed following consultation by the federal Minister with the first nations of the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii and temporarily appointed to implement that right remains equal to the number of other members not including the chairperson.
Marginal note:2005, c. 1, s. 24
123. Subsection 17(1) of the Act is replaced by the following:
Marginal note:Remuneration
17. (1) Members of a board, including any members appointed in accordance with a determination under section 15, shall be paid the fees or other remuneration that the federal Minister may fix.
124. Section 20 of the Act is replaced by the following:
Marginal note:Protection from personal liability
20. The members and employees of a board are not liable for anything done or omitted to be done in good faith in the exercise or performance or purported exercise or performance of any powers, duties or functions under this Act.
Marginal note:2005, c. 1, s. 26
125. Section 24 of the French version of the Act is replaced by the following:
Marginal note:Audiences
24. L’office peut tenir, outre les audiences dont la tenue est prévue par la présente loi, celles qu’il estime utiles à l’exercice de ses attributions.
Marginal note:2005, c. 1, s. 26
126. The portion of section 24.1 of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Coordination des activités de l’office
24.1 L’office veille à coordonner ses activités, y compris ses audiences, avec celles des organismes suivants :
127. Section 25 of the Act is replaced by the following:
Marginal note:Judicial powers of a board
25. In proceedings before a board continued under Part 3 or established under Part 5, the board has the powers, rights and privileges of a superior court with respect to the attendance and examination of witnesses and the production and inspection of documents.
Marginal note:2005, c. 1, s. 27(1)
128. (1) Subsection 31(1) of the Act is replaced by the following:
Marginal note:Statutory Instruments Act
31. (1) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules under section 30, a land use plan or amendment to a land use plan under Part 2, rules under subsection 49(2), guidelines or policies under section 65, policy directions under subsection 50.1(1) or 83(1) or (2), directions under section 106, policy directions under section 109 or 109.1 or subsection 142.2(1) or guidelines under section 120.
(2) Subsection 31(1) of the Act is replaced by the following:
Marginal note:Statutory Instruments Act
31. (1) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules under section 30, a land use plan or amendment to a land use plan under Part 2, rules under subsection 49(2), guidelines or policies under section 65, policy directions under subsection 50.1(1) or 83(1) or (2) or 142.2(1) or guidelines under section 120.
Marginal note:2005, c. 1, s. 27(2)
(3) Subsection 31(3) of the Act is replaced by the following:
Marginal note:Statutory Instruments Act
(3) For greater certainty, licences and permits issued by a board under Part 3 or 4, either before or after the coming into force of this subsection, as enacted by subsection 128(3) of the Northwest Territories Devolution Act, are not statutory instruments as defined in the Statutory Instruments Act.
(4) Subsection 31(3) of the Act is replaced by the following:
Marginal note:Statutory Instruments Act
(3) For greater certainty, licences and permits issued by a board under Part 3 or 4, as those Parts read before the coming into force of this subsection, as enacted by subsection 128(4) of the Northwest Territories Devolution Act, or by the Mackenzie Valley Land and Water Board under Part 3, are not statutory instruments as defined in the Statutory Instruments Act.
Marginal note:2002, c. 8, s. 182; 2005, c. 1, s. 28
129. Section 32 of the Act is replaced by the following:
Marginal note:Exclusive original jurisdiction
32. Despite section 18 of the Federal Courts Act, the Supreme Court of the Northwest Territories has exclusive original jurisdiction to hear and determine an application for any relief against a board by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition by the Attorney General of Canada, the Attorney General of the Northwest Territories or anyone directly affected by the matter in respect of which relief is sought.
130. Subsection 42(2) of the French version of the Act is replaced by the following:
Marginal note:Audiences publiques
(2) L’office peut tenir des audiences publiques au sujet du plan qu’il entend adopter; il publie, dans la région désignée et dans toute région désignée avoisinante de la vallée du Mackenzie, un avis indiquant les lieux, dates et heures des séances ainsi que la procédure qui y sera suivie.
131. The Act is amended by adding the following after section 50:
Policy Directions
Marginal note:Minister’s policy directions to board
50.1 (1) The federal Minister may, after consultation with a planning board, give written policy directions that are binding on the planning board with respect to the exercise of any of its functions under this Act.
Marginal note:Limitation
(2) Policy directions do not apply in respect of an application referred to in paragraph 44(b), a referral or application under subsection 47(1) or a proposed amendment to a land use plan under subsection 48(1) that, at the time the directions are given, is before the planning board.
Marginal note:Conflict
(3) If there is a conflict between the policy directions given 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.
Marginal note:2005, c. 1, s. 29(2)
132. (1) The definition “management area” in section 51 of the Act is repealed.
(2) The definition “licence” in section 51 of the Act is replaced by the following:
“licence”
« permis d’utilisation des eaux »
“licence” means
(a) with respect to a federal area, a type A or type B licence permitting the use of waters or the deposit of waste, or both, issued by a board under this Part; or
(b) with respect to lands outside a federal area, a type A or type B licence, or any other licence relating to the use of waters or the deposit of waste, or both, issued by a board under this Part in accordance with any territorial law.
(3) The definitions “board”, “licence” and “permit” in section 51 of the Act are replaced by the following:
“Board”
« Office »
“Board” means the Mackenzie Valley Land and Water Board continued by subsection 54(1).
“licence”
« permis d’utilisation des eaux »
“licence” means
(a) with respect to a federal area, a type A or type B licence permitting the use of waters or the deposit of waste, or both, issued by the Board under this Part; or
(b) with respect to lands outside a federal area, a type A or type B licence, or any other licence relating to the use of waters or the deposit of waste, or both, issued by the Board under this Part in accordance with any territorial law.
“permit”
« permis d’utilisation des terres »
“permit” means a permit for the use of land issued by the Board under this Part.
(4) Section 51 of the Act is amended by adding the following in alphabetical order:
“appurtenant undertaking”
« entreprise en cause »
“appurtenant undertaking” means the work described in a licence.
“authorized user”
« usager agréé »
“authorized user” means a person who uses waters without a licence but under the authority of regulations made under paragraph 90.3(1)(m).
“authorized waste depositor”
« personne autorisée à déposer des déchets »
“authorized waste depositor” means a person who deposits waste without a licence but under the authority of regulations made under paragraph 90.3(1)(n).
“domestic user”
« usager domestique »
“domestic user” means a person who uses waters
(a) for household requirements, including sanitation and fire prevention;
(b) for the watering of domestic animals; or
(c) for the irrigation of a garden adjoining a dwelling-house that is not ordinarily used in the growth of produce for a market.
“federal area”
« zone fédérale »
“federal area” means any lands under the administration and control of a minister of the Government of Canada and any land on which is situated a waste site for which the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — is the responsibility of the Government of Canada.
“instream user”
« usager ordinaire »
“instream user” means a person who uses waters, otherwise than as described in paragraph (a), (b) or (c) of the definition “use”, to earn income or for subsistence purposes.
“use”
« utilisation »
“use”, in relation to waters, means a direct or indirect use of any kind other than a use connected with shipping activities that are governed by the Canada Shipping Act, 2001, including
(a) any diversion or obstruction of waters;
(b) any alteration of the flow of waters; and
(c) any alteration of the bed or banks of a river, stream, lake or other body of water, whether or not the body of water is seasonal.
“waste”
« déchet »
“waste” means any substance that would, to an extent that is detrimental to its use by people or by any animal, fish or plant, degrade or alter or form part of a process of degradation or alteration of the quality of any water to which it is added. Alternatively, it means any water that contains a substance in such a quantity or concentration or that has been so treated, processed or changed, by heat or other means, that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that other water to which it is added. It includes
(a) any substance or water that is deemed, under subsection 2(2) of the Canada Water Act, to be waste;
(b) any substance or class of substances prescribed by regulations made under subparagraph 90.3(1)(b)(i);
(c) water that contains any substance or class of substances in a quantity or concentration that is equal to or greater than a quantity or concentration prescribed in respect of that substance or class of substances by regulations made under subparagraph 90.3(1)(b)(ii); and
(d) water that has been subjected to a treatment, process or change prescribed by regulations made under subparagraph 90.3(1)(b)(iii).
“waste site”
« décharge publique »
“waste site” has the same meaning as Waste Site in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013.
“water management area”
« zone de gestion des eaux »
“water management area” means a water management area established by the Governor in Council by regulations made under subparagraph 90.3(1)(a)(i).
Marginal note:2005, c. 1, ss. 30(1) and (2)(E)
133. Section 52 of the Act is replaced by the following:
Marginal note:National parks and historic sites
52. (1) This Part, except sections 78, 79, 79.2 and 79.3, does not apply in respect of the use of land or waters or the deposit of waste within a park or park reserve to which the Canada National Parks Act applies or within lands acquired under the Historic Sites and Monuments Act.
Marginal note:Consultation with Board
(2) Despite subsection (1), an authority responsible for authorizing uses of land or waters or deposits of waste in a portion of the Mackenzie Valley that is excluded by that subsection from the application of this Part shall consult the Board before authorizing any such use or deposit.
Marginal note:Consultation with authority
(3) The Board shall consult a responsible authority referred to in subsection (2) before issuing a licence, permit or other authorization for a use of land or waters or a deposit of waste that may have an effect in the portion of the Mackenzie Valley in which the authority is responsible.
134. Subsections 53(2) and (3) of the Act are replaced by the following:
Marginal note:Agreement
(2) The Board and the territorial Minister shall, in consultation with each local government, jointly determine the extent to which the local government regulates the use of land within its boundaries for the purposes of subsection (1).
Marginal note:Dissemination
(3) Every determination made under subsection (2) shall be made available to the public at the main office of the Board and that of the local government.
135. (1) The Act is amended by adding the following after section 53:
Marginal note:Federal area — addition
53.1 (1) If the Government of Canada becomes responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the board in writing of the lands on which the waste site is situated.
Marginal note:Federal area — deletion
(2) If the Government of Canada ceases to be responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the board in writing.
(2) Section 53.1 of the Act is replaced by the following:
Marginal note:Federal area — addition
53.1 (1) If the Government of Canada becomes responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the Board in writing of the lands on which the waste site is situated.
Marginal note:Federal area — deletion
(2) If the Government of Canada ceases to be responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the Board in writing.
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