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

Act current to 2018-09-26 and last amended on 2017-12-12. Previous Versions

RELATED PROVISIONS

  • — 2005, c. 1, s. 95

    • Wekeezhii Land and Water Board
      • 95 (1) The Wekeezhii Land and Water Board established by section 57.1 of the Mackenzie Valley Resource Management Act, as enacted by section 31 of this Act, may not exercise its powers or perform its duties under sections 58.1 and 59, subsections 60(1) and (2), sections 79.1 to 79.3, 80.1 and 88 and subsection 89(2) of the Mackenzie Valley Resource Management Act until six months after the coming into force of this Act.

      • Mackenzie Valley Land and Water Board

        (2) Despite subsection 102(1) of the Mackenzie Valley Resource Management Act, the Mackenzie Valley Land and Water Board shall exercise the powers and perform the duties of the Wekeezhii Land and Water Board under sections 58.1, 79.1 to 79.3, 80.1 and 88 and subsection 89(2) of that Act during the period of six months after the coming into force of this Act.

      • Exclusive original jurisdiction

        (3) Despite subsection 32(1) of the Mackenzie Valley Resource Management Act and section 18 of the Federal Courts Act, the Supreme Court of the Northwest Territories has exclusive original jurisdiction to hear and determine any action or proceeding, whether or not by way of an application of a type referred to in subsection 32(1) of the Mackenzie Valley Resource Management Act, concerning the jurisdiction of the Wekeezhii Land and Water Board during the period of six months after the coming into force of this Act.

  • — 2014, c. 2, s. 241

    • Definitions

      241 The following definitions apply in this section and in sections 242 to 252.

      other Act

      other Act means the Mackenzie Valley Resource Management Act. (autre loi)

      regional panels

      regional panels means the Gwich’in Land and Water Board, the Sahtu Land and Water Board and the Wekeezhii Land and Water Board that are continued as regional panels of the Mackenzie Valley Land and Water Board by subsections 99(2) and (2.1) of the other Act, as those subsections read immediately before the day on which section 193 comes into force. (formations régionales)

  • — 2014, c. 2, s. 242

    • Licences, permits and authorizations continued
      • 242 (1) All licences, permits and other authorizations that are issued under Parts 3 and 4 of the other Act as those Parts read immediately before the day on which section 136 comes into force, are continued as licences, permits and other authorizations under Part 3 of the other Act, as that Part reads on that day, including any terms and conditions attached to them.

      • For greater certainty

        (2) For greater certainty, the Mackenzie Valley Land and Water Board may exercise all its powers and perform all its duties and functions under Part 3 of the other Act, as that Part reads on the day on which section 136 comes into force, with respect to the licences, permits or other authorizations that are continued by subsection (1).

  • — 2014, c. 2, s. 243

    • For greater certainty — regional panels

      243 For greater certainty, the Mackenzie Valley Land and Water Board is, on the day on which section 136 comes into force, seized of any application that a regional panel had been seized of immediately before that day.

  • — 2014, c. 2, s. 244

    • For greater certainty — employees
      • 244 (1) For greater certainty, persons that were said to be employed, and agents, advisers and experts that were said to be engaged, by the regional panels before the day on which section 136 comes into force are, on the day on which that section comes into force, employed and engaged by the Mackenzie Valley Land and Water Board.

      • For greater certainty — rights and property

        (2) For greater certainty, all rights and property that were said to be held by or in the name of the regional panels before the day on which section 136 comes into force are, on the day on which that section comes into force, the rights and property of the Mackenzie Valley Land and Water Board.

  • — 2014, c. 2, s. 245

    • Members ceasing to hold office

      245 The members of the Mackenzie Valley Land and Water Board, including members of the regional panels, who held office immediately before the day on which section 136 comes into force cease to hold office on that day, but are eligible to be appointed to the Board in accordance with section 11 or 12, as the case may be, and subsection 54(2) of the other Act, as those provisions read on that day.

  • — 2014, c. 2, s. 246

    • Deemed members
      • 246 (1) Despite section 245, a member of the Mackenzie Valley Land and Water Board, including a member of a regional panel, who is not re-appointed as of the day on which section 136 comes into force is deemed to continue as a member of the Board until a final decision is made in respect of an application, or until the applicant withdraws an application, that is pending before the Board or the regional panel if, before the day on which section 136 comes into force, that member had been designated to dispose of that application and

        • (a) that member has considered all the evidence produced in relation to it; or

        • (b) a notice of hearing has been published in relation to it.

      • Limitation of powers, functions and duties

        (2) A deemed member may exercise only the powers, and perform only the functions and duties, of a member that are necessary to dispose of the application in relation to which they are designated.

      • Designation

        (3) The members and deemed members of the Mackenzie Valley Land and Water Board who, immediately before the day on which section 136 comes into force, are designated to dispose of an application that is pending are deemed, as of that day, to be designated under section 56 of the other Act, as that section reads on that day, to dispose of that application.

  • — 2014, c. 2, s. 247

    • Designation

      247 Any person who, immediately before the day on which section 177 comes into force, is designated as an inspector or analyst under subsection 35(1) of the Northwest Territories Waters Act, is deemed, as of that day, to be designated as an inspector or analyst under section 84(1) or (2), respectively, of the other Act, as that subsection reads on that day.

  • — 2014, c. 2, s. 248

    • Remedial measures

      248 Any direction that was given by an inspector under subsection 37(1) of the Northwest Territories Waters Act immediately before the day on which section 177 comes into force, and that is in respect of lands in the Mackenzie Valley that are in a federal area as defined in section 51 of the other Act as that section reads on that day, is deemed on that day to be an order made under subsection 86.1(1) of the other Act, as that subsection reads on that day.

  • — 2014, c. 2, s. 249

    • Reservation of lands from disposition
      • 249 (1) Any order that was made by the Governor in Council under subsection 34(1) of the Northwest Territories Waters Act, before the day on which section 185 comes into force, and that is in respect of interests in lands in the Mackenzie Valley that are in a federal area as defined in section 51 of the other Act as it reads on that day, is deemed, on that day, to be an order made under subsection 91.1(1) of the other Act, as enacted by that section 185.

      • Reservation of water rights

        (2) Any order that was made by the Governor in Council under subsection 34(2) of the Northwest Territories Waters Act, before the day on which section 185 comes into force, and that was in respect of lands in the Mackenzie Valley that are in a federal area, as defined in section 51 of the other Act as it reads on that day, is deemed, on that day, to be an order made under subsection 91.1(2) of the other Act, as enacted by that section 185.

  • — 2014, c. 2, s. 250

    • Time limits

      250 Any time limit that is applicable — on the day on which section 206 comes into force — to the exercise of a power or the performance of a duty or function, under Part 5 of the other Act, as it reads on that day, in relation to a proposal for a development, as defined in section 111 of the other Act, that was being undertaken immediately before the day on which that section 206 comes into force, is counted from that day.

  • — 2014, c. 2, s. 251

    • Ongoing proposals for development

      251 Part 5 of the other Act, as it read immediately before the day on which section 211 comes into force, continues to apply to a proposal for development, as defined in section 111 of the other Act, that, immediately before that day, was being considered by any of the following:

      • (a) a designated regulatory agency, as defined in that section 111, for the purposes of sections 131 and 137 of the other Act, as those sections 131 and 137 read immediately before that day;

      • (b) the Tlicho Government, as defined in section 2 of the other Act, for the purposes of sections 131.1 and 137.1 of the other Act, as those sections 131.1 and 137.1 read immediately before that day;

      • (c) the federal Minister and the responsible minister, as defined in that section 111;

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

      • (e) a joint panel established under subsection 140(2), paragraph 141(2)(b) or (3)(a) of the other Act or a review panel referred to in subsection 41(2) of the Canadian Environmental Assessment Act, 2012.

  • — 2014, c. 2, s. 252

    • Northwest Territories Waters Regulations

      252 The provisions of the Northwest Territories Waters Regulations, that are made under the Northwest Territories Waters Act, chapter 39 of the Statutes of Canada, 1992, that are in force immediately before the day on which section 182 comes into force, are deemed, as of that day, to have been made under the other Act and shall remain in force, to the extent that they are not inconsistent with the other Act, as it reads on that day, until they are repealed or replaced.

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