Mackenzie Valley Resource Management Act (S.C. 1998, c. 25)

Cost Recovery

Marginal note:Obligation to pay

• 79.4 (1) The applicant or a licensee shall pay to the federal Minister the following amounts and costs relating to the consideration of an application for a licence or for the amendment, renewal or cancellation of a licence:

  • (a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of a board or of its members;

  • (b) any costs incurred by a board for services that are prescribed by the regulations and that are provided to it by a third party; and

  • (c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister.

• Marginal note:Debt due to Her Majesty

  (2) The amounts and costs that a person is to pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

Access to Construction Materials

Marginal note:Duty to supply

• 80 (1) The Gwich’in or Sahtu First Nation shall supply and permit access to sand, gravel, clay and like construction materials situated on its first nation lands to any person or any department or agency of the federal or territorial government that requests the same where no alternate source of supply is reasonably available in the surrounding area.

• Marginal note:Compensation

  (2) The Gwich’in or Sahtu First Nation is entitled to fair and reasonable compensation for any construction materials supplied or obtained from its first nation lands.

• Marginal note:Reference to Board

  (3) On application by the person or department or agency requesting the supply or access, the Gwich’in Land and Water Board or the Sahtu Land and Water Board, as the case may be, shall

  • (a) determine whether an alternate source of supply is reasonably available in the surrounding area; or

  • (b) resolve any dispute concerning terms or conditions of supply or access or priorities between a first nation and other users of the construction materials.

• Marginal note:Settlement lands outside settlement area

  (4) Where first nation lands from which construction materials are requested are situated outside the first nation’s settlement area but within the Northwest Territories, the board shall consult the resource management authority having jurisdiction in respect of those lands before making any determination under subsection (3).

Marginal note:Duty to supply — Tlicho Government

• 80.1 (1) The Tlicho Government shall supply, and permit access to, sand, gravel, clay and like construction materials situated on Tlicho lands to any person that requests it, including any department or agency of the federal or territorial government or any local government of a Tlicho community.

• Marginal note:Exception

  (2) Subsection (1) does not apply if the materials are to be used on lands other than Tlicho lands, unless no alternate source of supply is reasonably available in an area closer to the lands where the materials are to be used.

• Marginal note:Compensation — Tlicho Government

  (3) The Tlicho Government is entitled to be paid for the value of materials supplied under subsection (1) and for the exercise of a right of access to the materials under that subsection, unless the materials are to be used for a public purpose on Tlicho lands or in a Tlicho community or for a public road contiguous to Tlicho lands or to a Tlicho community.

• Marginal note:Reference to Wekeezhii Land and Water 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 Wekeezhii Land and Water Board shall

  • (a) determine, for the purpose of subsection (2), whether an alternate source of supply is reasonably available in an area closer to the lands where the materials are to be used;

  • (b) determine, for the purpose of subsection (3), whether the materials are to be used for a public purpose on Tlicho lands or in a Tlicho community or for a public road contiguous to Tlicho lands or a Tlicho community;

  • (c) resolve any dispute concerning terms or conditions of supply or access, excluding the amount to be paid under subsection (3); or

  • (d) resolve any dispute concerning conflicting uses of materials referred to in subsection (1) by the applicant and by the Tlicho Government or Tlicho citizens.

• Marginal note:Reference to Board by Tlicho Government

  (5) In the case of a dispute referred to in paragraph (4)(d), an application for its resolution may also be made to the Board by the Tlicho Government after it has participated in mediation under chapter 6 of the Tlicho Agreement.

Powers and Duties of Federal Minister

81 [Repealed, 2014, c. 2, s. 173]

Marginal note:Consultation with boards

82 The federal Minister shall consult the boards with respect to the amendment of this Act or the making or amendment of any instrument under this 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 that are binding on the board with respect to the exercise of any of its functions under this Act. The federal Minister shall also consult the Tlicho Government before giving such written policy directions to the Wekeezhii Land and Water Board.

• Marginal note:Notice to Déline Got’ine Government

  (1.1) The federal Minister shall inform the Déline Got’ine Government, to the extent provided for in 2.7.1 of the Déline Agreement, of the Minister’s intention to give a written policy direction to the Sahtu Land and Water Board if the policy direction is in relation to the use of land or water or the deposit of waste in the area described in schedule A to the Déline Agreement.

• 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:Policy directions by Déline Got’ine Government

  (2.1) The Déline Got’ine Government may, after consultation with the Sahtu Land and Water Board and the federal Minister, give written policy directions to the Board with respect to the performance of any of the Board’s functions under this Part in relation to the use of Déline lands. Policy directions are 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 72.13 or under any territorial law, as the case may be.

• 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) or by the Déline Got’ine Government under subsection (2.1), the policy directions given under subsection (2) or (2.1), as the case may be, 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, the Tlicho Government or the Déline Got’ine Government under this section and the provisions of any Act of Parliament, of any regulations made under an Act of Parliament or of any territorial law, those provisions prevail to the extent of the conflict.

Administration and Enforcement

Designation

Marginal note:Designation

• 84 (1) The federal Minister may designate any qualified person, or a class of qualified persons, as an inspector to exercise powers relating to verifying compliance or preventing non-compliance with this Part and orders made under section 86 or 86.1.

• Marginal note:Designation — analyst

  (2) The federal Minister may designate any qualified person as an analyst for the purposes of this Part.

Powers

Marginal note:Authority to enter

• 85 (1) An inspector may, for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 86 or 86.1, enter a place in which they have reasonable grounds to believe that

  • (a) a person is using land;

  • (b) a person is using water or depositing waste in a federal area within a water management area;

  • (c) in a federal area within a water management area a person is constructing any work that, on completion, will form part of an undertaking whose operation will require the use of waters or the deposit of waste, or altering or extending a work that forms part of such an undertaking; or

  • (d) a document or any thing relating to a use or deposit referred to in paragraph (a), (b) or (c) is located.

• Marginal note:Powers on entry

  (2) The inspector may, for the purposes referred to in subsection (1),

  • (a) examine anything in the place;

  • (b) use any means of communication in the place or cause it to be used;

  • (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to that system;

  • (d) prepare a document, or cause one to be prepared, based on the data;

  • (e) use any copying equipment in the place, or cause it to be used;

  • (f) take measurements or samples of anything in the place;

  • (g) remove any thing from the place for examination or copying;

  • (h) take photographs and make recordings or sketches;

  • (i) order the owner or person in charge of the place or any person at the place to establish their identity to the inspector’s satisfaction or to stop or start an activity;

  • (j) order the owner or person having possession, care or control of any thing in the place to not move it, or to restrict its movement, for as long as, in the inspector’s opinion, is necessary;

  • (k) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and

  • (l) prohibit or limit access to all or part of the place.

• Marginal note:Certificate

  (3) The federal Minister shall provide every inspector with a certificate of designation. On entering any place, the inspector shall, if so requested, produce the certificate to the occupant or person in charge of the place.

• Marginal note:Notice

  (4) An inspector shall, if it is reasonable to do so, give prior notice of their entry to

  • (a) the Gwich’in or Sahtu First Nation, if the entry is on its first nation lands;

  • (b) the Tlicho Government, if the entry is on Tlicho lands; or

  • (c) the Déline Got’ine Government, if the entry is on Déline lands.

• (5) [Repealed, 2019, c. 19, s. 7]

• (6) [Repealed, 2019, c. 19, s. 7]