Mackenzie Valley Resource Management Act

Marginal note:Definitions

51 The definitions in this section apply in this Part.

appurtenant undertaking

appurtenant undertaking means the work described in a licence. (entreprise en cause)

authorized user

authorized user means a person who uses waters without a licence but under the authority of regulations made under paragraph 90.3(1)(m). (usager agréé)

authorized waste depositor

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). (personne autorisée à déposer des déchets)

board

board means the Gwich’in Land and Water Board, the Sahtu Land and Water Board or the Wekeezhii Land and Water Board established by sections 54, 56 and 57.1, respectively. (office)

domestic user

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. (usager domestique)

federal area

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. (zone fédérale)

first nation lands

first nation lands, in relation to a first nation, means

• (a) settlement lands of the first nation; or

• (b) lands situated within the boundaries of a local government and referred to in the first nation’s land claim agreement as municipal lands. (terres d’une première nation)

instream user

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. (usager ordinaire)

land

land means the surface of land. (terres)

licence

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. (permis d’utilisation des eaux)

management area

management area means an area in respect of which a board has been established, namely,

• (a) in the case of the Gwich’in Land and Water Board, the area described in appendix A to the Gwich’in Agreement;

• (b) in the case of the Sahtu Land and Water Board, the area described in appendix A to the Sahtu Agreement; and

• (c) in the case of the Wekeezhii Land and Water Board, Wekeezhii. (zone de gestion)

permit

permit means a permit for the use of land issued by a board under this Part, and “permittee” has a corresponding meaning. (permis d’utilisation des terres)

use

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. (utilisation)

waste

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). (déchet)

waste site

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. (décharge publique)

water authority

water authority means a board or other authority having jurisdiction in relation to the use of waters or the deposit of waste in any portion of the Northwest Territories or Nunavut. (autorité de gestion des eaux)

water management area

water management area means a water management area established by the Governor in Council by regulations made under subparagraph 90.3(1)(a)(i). (zone de gestion des eaux)

waters

waters means any inland waters, whether in a liquid or frozen state, on or below the surface of land. (eaux)