Mackenzie Valley Resource Management Act

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

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

• (a) there is no alternative that could reasonably satisfy the requirements of the applicant;

• (b) there are no reasonable measures by which the applicant could avoid the interference; and

• (c) in the case of a licence, the requirements of section 77 are satisfied.