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

Marginal note:Conflict

• 5 (1) If there is any inconsistency or conflict between this Act and a land claim agreement, the Déline Agreement, an Act giving effect to any of those agreements or the Indian Act, then the land claim agreement, the Déline Agreement, the Act or the Indian Act prevails over this Act to the extent of the inconsistency or conflict.

• Marginal note:Aboriginal rights

  (2) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

Marginal note:Agreement between Tlicho Government and another aboriginal people

5.1 The rights of the Tlicho First Nation, Tlicho citizens and the Tlicho Government under this Act are subject to the provisions of any agreement entered into between the Tlicho Government and an aboriginal people, other than the Tlicho First Nation, under 2.7.3 of chapter 2 of the Tlicho Agreement.

Marginal note:Time limits

• 5.2 (1) The failure of any of the following to exercise a power or perform a duty or function within a period or time limit fixed or prescribed under this Act does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise of such a power or the performance of such duty or function:

  • (a) the federal Minister;

  • (b) the Gwich’in Land Use Planning Board;

  • (c) the Sahtu Land Use Planning Board;

  • (d) the Gwich’in Land and Water Board;

  • (e) the Sahtu Land and Water Board;

  • (f) the Wekeezhii Land and Water Board;

  • (g) the Mackenzie Valley Land and Water Board;

  • (h) a responsible minister, as defined in section 111;

  • (i) the Mackenzie Valley Environmental Impact Review Board or one of its panels;

  • (j) a joint panel established under subsection 140(2) or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 40(2) of the Impact Assessment Act; and

  • (k) a designated regulatory agency, as defined in section 111.

• Marginal note:Exception

  (2) Subsection (1) does not apply with respect to

  • (a) the periods fixed by regulations referred to in subsections 138.1(2), (3) and (4) and 141(4); and

  • (b) any other period or time limit fixed by regulations that is exempted from the application of subsection (1) by regulation.

• Marginal note:Regulations

  (3) The Governor in Council may, by regulation, exempt a period or time limit set out in the regulations, other than those referred to in paragraph 2(a), from the application of subsection (1).

Application and Consultation

Marginal note:Application

6 Except where otherwise provided, this Act applies in the Mackenzie Valley.

Marginal note:Application to Her Majesty

7 This Act is binding on Her Majesty in right of Canada or a province, except that Her Majesty in right of Canada is not required to pay any fee prescribed by regulations made under paragraph 90.3(1)(k) or subparagraph 90.3(2)(a)(i).

Marginal note:Waters vested in Her Majesty

7.1 Subject to any rights, powers or privileges granted or preserved under the Dominion Water Power Act, the property in and the right to the use and flow of all waters are vested in Her Majesty in right of Canada.

Marginal note:Other Acts, etc., to be complied with

7.2 For greater certainty, nothing in this Act, the regulations or a licence or permit, as defined in section 51, authorizes a person to contravene or fail to comply with any other Act or any regulation or order made under it, except as provided in that other Act, regulation or order.

Marginal note:Consultation

• 8 (1) The federal Minister shall consult the first nations, the Tlicho Government and the Déline Got’ine Government with respect to the amendment of this Act.

• Marginal note:Review of Act

  (2) The federal Minister shall, in the course of any negotiations with a first nation relating to self-government, review the pertinent provisions of this Act in consultation with that first nation.

PART 1General Provisions Respecting Boards

Establishment and Organization

Definition of board

9 In this Part, board means any board established by this Act.

Marginal note:Purpose

9.1 The purpose of the establishment of boards by this Act is to enable residents of the Mackenzie Valley to participate in the management of its resources for the benefit of the residents and of other Canadians.

Marginal note:Capacity

10 A board has, for the purposes of its functions, the capacity, rights, powers and privileges of a natural person.

Marginal note:Appointment of members by federal Minister

• 11 (1) The members of a board — other than the chairperson, any members appointed pursuant to a determination under section 15 and any members appointed by the Tlicho Government under subsection 57.1(2) or in accordance with an agreement referred to in that subsection — shall be appointed by the federal Minister in accordance with Parts 2 to 5.

• Marginal note:Alternate members

  (2) Except in the case of the Wekeezhii Land and Water Board, the federal Minister may appoint

  • (a) alternate members selected from persons nominated for that purpose by a first nation, or selected following consultation with first nations, to act in the event of the absence or incapacity of members appointed on such nomination or following such consultation, respectively; and

  • (b) alternate members agreed to by the territorial Minister to act in the event of the absence or incapacity of members other than members referred to in paragraph (a).

Marginal note:Chairperson

• 12 (1) Except in the case of the Wekeezhii Land and Water Board, the chairperson of a board shall be appointed by the federal Minister from persons nominated by a majority of the members.

• Marginal note:Appointment by federal Minister

  (2) Except in the case of the Wekeezhii Land and Water Board, if a majority of the members does not nominate a person acceptable to the federal Minister within a reasonable time, the Minister may appoint any person as chairperson of the board.

• Marginal note:Wekeezhii Land and Water Board

  (2.1) The chairperson of the Wekeezhii Land and Water Board shall be appointed jointly by the federal Minister and the Tlicho Government on the nomination of the members of the Board other than the chairperson.

• Marginal note:Absence or incapacity of chairperson

  (3) The board may designate a member to act as its chairperson during the absence or incapacity of the chairperson or a vacancy in the office of chairperson, and that person while so acting may exercise the powers and shall perform the duties of the chairperson.

Marginal note:Duties of chairperson

13 The chairperson of a board is its chief executive officer and has the powers and duties prescribed by the by-laws of the board.

Marginal note:Term of office

• 14 (1) A member of a board holds office for a term of three years.

• Marginal note:Reappointment

  (2) A member may be reappointed in the same or another capacity.

• Marginal note:Removal by federal Minister after consultation

  (3) A member who has been appointed by the federal Minister may not be removed from office except after consultation by the federal Minister with the board and, where applicable, with the territorial Minister, the first nation or the Tlicho Government that nominated the member.

• Marginal note:Removal by Tlicho Government after consultation

  (4) A member of the Wekeezhii Land and Water Board who has been appointed by the Tlicho Government may not be removed from office except after consultation by the Tlicho Government with the Board and the federal Minister.

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 who are either nominated by a first nation, nominated or appointed by the Tlicho Government 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, as the case may be, and who are temporarily appointed to implement that right remains equal to the number of other members not including the chairperson.

Marginal note:Conflict of interest

• 16 (1) A member of a board may not act in relation to an application to the board or participate in a decision of the board that would place the member in a material conflict of interest.

• Marginal note:Status or entitlements under agreement

  (2) A member of a board is not placed in a material conflict of interest merely because of any status or entitlement conferred on the member under the Gwich’in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and Her Majesty in right of Canada for the settlement of a claim to lands or under the Déline Agreement.

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.

• Marginal note:Expenses

  (2) Such members shall be paid such travel and living expenses, incurred by them while absent from their ordinary place of residence in the course of performing their duties, as are consistent with directives of the Treasury Board.

Marginal note:Staff

• 18 (1) A board may employ such persons and engage the services of such agents, advisers and experts as are necessary for the proper conduct of its business and may fix the conditions of their employment or engagement and pay their remuneration.

• Marginal note:Sharing of staff and facilities

  (2) The boards may share staff and facilities with one another for the effective and efficient conduct of their affairs.