PART 2Land Use Planning (continued)
Compliance with Plans (continued)
Marginal note:Amendment of plan
Marginal note:Adoption and approval
(2) Sections 42 and 43 apply, with such modifications as are required, in respect of any amendment to a land use plan.
Marginal note:Record keeping and access
(2) A planning board may, subject to the approval of the federal Minister, make rules prescribing fees for copies furnished pursuant to paragraph (1)(b), not exceeding the cost of furnishing them.
Marginal note:Periodic review
50 A planning board shall carry out a comprehensive review of a land use plan not later than five years after the plan takes effect and thereafter every five years or at any other intervals agreed to by the federal Minister, the territorial Minister and the first nation of the settlement area.
Marginal note:Minister’s policy directions to board
50.1 (1) The federal Minister may, after consultation with a planning board, give written policy directions that are binding on the planning board with respect to the exercise of any of its functions under this Act.
(2) Policy directions do not apply in respect of an application referred to in paragraph 44(b), a referral or application under subsection 47(1) or a proposed amendment to a land use plan under subsection 48(1) that, at the time the directions are given, is before the planning board.
(3) If there is a conflict between the policy directions given under this section and the provisions of any Act of Parliament, any regulations made under an Act of Parliament or any territorial law, those provisions prevail to the extent of the conflict.
- 2014, c. 2, s. 131
PART 3Land and Water Regulation
Interpretation and Application
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 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
- 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
- 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 means the surface of land. (terres)
(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 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, 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
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
(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 means any inland waters, whether in a liquid or frozen state, on or below the surface of land. (eaux)
- 1998, c. 15, s. 48, c. 25, s. 51
- 2005, c. 1, s. 29
- 2014, c. 2, s. 132
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