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

Act current to 2020-06-17 and last amended on 2019-08-28. Previous Versions

PART 3Land and Water Regulation (continued)

Compensation — Tlicho First Nation

Marginal note:Conditions for licence

 The Wekeezhii Land and Water Board may not issue, amend or renew a licence for the use of waters or the deposit of waste if, in its opinion, that use or deposit is likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands unless

  • (a) the Board is satisfied that there is no alternative that could reasonably satisfy the requirements of the applicant and that there are no reasonable measures by which the applicant could avoid the alteration; and

  • (b) the applicant has entered into an agreement with the Tlicho Government to compensate the Tlicho First Nation for any loss or damage that may be caused by the alteration, or the applicant or the Tlicho Government has applied to the Board under subsection 79.3(1) for a determination of compensation for that loss or damage.

  • 2005, c. 1, s. 44

Marginal note:Application to water authority

  •  (1) If the Wekeezhii Land and Water Board determines that a use of waters or a deposit of waste that is proposed, in an application made to a water authority, to be carried out in

    would be likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands, the Board shall notify the water authority in writing of its determination.

  • Marginal note:Access to information

    (2) A water authority shall provide the Board with any information in its possession that the Board requires in order to make a determination under subsection (1).

  • Marginal note:Conditions for authorization

    (3) Despite any other Act, a water authority that is notified by the Board under subsection (1) may not authorize the proposed use of waters or deposit of waste unless

    • (a) the applicant and the Tlicho Government have entered into an agreement to compensate the Tlicho First Nation for any loss or damage that may be caused by the alteration; or

    • (b) the applicant or the Tlicho Government applies to the Board under subsection 79.3(1) for a determination.

  • 2005, c. 1, s. 44

Marginal note:Referral of compensation to Wekeezhii Board

  •  (1) If a compensation agreement referred to in paragraph 79.1(b) or 79.2(3)(a), as the case may be, is not entered into, the applicant or the Tlicho Government may, after having participated in mediation under chapter 6 of the Tlicho Agreement, apply to the Wekeezhii Land and Water Board for a determination of compensation.

  • Marginal note:Determination of compensation

    (2) On an application under subsection (1), the Board shall determine the compensation payable in respect of the proposed use of waters or deposit of waste, taking into consideration

    • (a) the effect of the proposed use or deposit on

      • (i) the use by Tlicho citizens of waters when on or flowing through Tlicho lands, or waters adjacent to Tlicho lands,

      • (ii) Tlicho lands, taking into account any cultural or special value of those lands to the Tlicho First Nation, and

      • (iii) wildlife harvesting carried on by Tlicho citizens;

    • (b) the nuisance or inconvenience, including noise, caused by the proposed use or deposit to Tlicho citizens on Tlicho lands; and

    • (c) any other factor that the Board considers relevant in the circumstances.

  • Marginal note:Form of compensation

    (3) The compensation may be in the form of a lump sum payment or periodic payments or non-monetary compensation, including replacement of, or substitution for, damaged or lost property or relocation of Tlicho citizens or their property, or any combination of those forms of compensation.

  • 2005, c. 1, s. 44

Cost Recovery

Marginal note:Obligation to pay

  •  (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.

  • 2019, c. 19, s. 5

Access to Construction Materials

Marginal note:Duty to supply

  •  (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).

  • 1998, c. 25, s. 80
  • 2005, c. 1, s. 45

Marginal note:Duty to supply — Tlicho Government

  •  (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.

  • 2005, c. 1, s. 46
 
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