Tlicho Land Claims and Self-Government (S.C. 2005, c. 1)
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Assented to 2005-02-15
1998, c. 25AMENDMENTS TO THE MACKENZIE VALLEY RESOURCE MANAGEMENT ACT
21. Subsection 14(3) of the Act is replaced by the following:
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.
22. Section 15 of the Act is replaced by the following:
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.
23. Subsection 16(2) of the Act is replaced by the following:
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.
24. Subsection 17(1) of the Act is replaced by the following:
Marginal note:Remuneration
17. (1) Members of a board, other than any members appointed pursuant to a determination under section 15, shall be paid such fees or other remuneration as the federal Minister may fix.
25. Section 22 of the Act is replaced by the following:
Marginal note:Government information
22. Subject to any other federal or territorial law and to any Tlicho law, a board may obtain from any department or agency of the federal or territorial government or the Tlicho Government any information in the possession of the department or agency or the Tlicho Government that the board requires for the performance of its functions.
26. Section 24 of the Act is replaced by the following:
Marginal note:Hearings
24. In addition to hearings that a board is authorized or required to hold under this Act, a board may conduct any hearings that it considers to be desirable for the purpose of carrying out any of its functions.
Marginal note:Coordination
24.1 A board shall coordinate its activities, including hearings, with the activities of
(a) other boards;
(b) departments and agencies of the federal government that have responsibility for the administration, management and control of parks to which the Canada National Parks Act applies or lands acquired pursuant to the Historic Sites and Monuments Act;
(c) committees established under any of the land claim agreements for the management of parks to which the Canada National Parks Act applies;
(d) committees, or similar bodies, established for the management of protected areas as defined in any of the land claim agreements;
(e) renewable resources boards established under any of the land claim agreements; and
(f) land use planning bodies established for Wekeezhii or any part of Wekeezhii.
27. (1) Subsection 31(1) of the Act is replaced by the following:
Marginal note:Statutory Instruments Act
31. (1) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules under section 30, a land use plan or amendment thereto under Part 2, rules under subsection 49(2), guidelines or policies under section 65, policy directions under subsection 83(1) or (2), directions under section 106, policy directions under section 109 or 109.1 or guidelines under section 120.
(2) Section 31 of the Act is amended by adding the following after subsection (2):
Marginal note:Statutory Instruments Act
(3) For greater certainty, permits issued by a board under Part 3 or 4 either before or after the coming into force of this subsection are not statutory instruments within the meaning of the Statutory Instruments Act.
Marginal note:2002, c. 8, par. 182(1)(x)
28. Section 32 of the Act and the heading before it are replaced by the following:
Jurisdiction of Courts
Marginal note:Concurrent jurisdiction
32. (1) Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Courts Act, the Attorney General of Canada or anyone directly affected by the matter in respect of which relief is sought may make an application to the Supreme Court of the Northwest Territories for any relief against a board by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition.
Marginal note:Exclusive original jurisdiction
(2) Despite subsection (1) 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 (1), concerning the jurisdiction of the Mackenzie Valley Land and Water Board or the Mackenzie Valley Environmental Impact Review Board.
29. (1) The definition “board” in section 51 of the Act is replaced by the following:
“board”
« office »
“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.
(2) Section 51 of the Act is amended by adding the following in alphabetical order:
“management area”
« zone de gestion »
“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.
Marginal note:2000, c. 32, s. 53
30. (1) Subsections 52(1) and (2) of the Act are replaced by the following:
Marginal note:National parks and historic sites
52. (1) This Part, except sections 78, 79, 79.2 and 79.3, does not apply in respect of the use of land or waters or the deposit of waste within a park to which the Canada National Parks Act applies or within lands acquired pursuant to the Historic Sites and Monuments Act.
Marginal note:Consultation with board
(2) Notwithstanding subsection (1), an authority responsible for authorizing uses of land or waters or deposits of waste in a portion of a management area excluded by that subsection from the application of this Part shall consult the board established for that management area before authorizing any such use or deposit.
(2) Subsection 52(3) of the English version of the Act is replaced by the following:
Marginal note:Consultation with authority
(3) A board shall consult a responsible authority referred to in subsection (2) before issuing a licence, permit or authorization for a use of land or waters or deposit of waste that may have an effect in the portion of the management area in which the authority is responsible.
31. The Act is amended by adding the following after section 57:
Wekeezhii Land and Water Board
Marginal note:Board established
57.1 (1) There is hereby established, in respect of Wekeezhii, a board to be known as the Wekeezhii Land and Water Board.
Marginal note:Membership
(2) The Board shall consist of five members including, apart from the chairperson, two members who, subject to any agreement between the Tlicho Government and an aboriginal people of Canada to whom section 35 of the Constitution Act, 1982 applies, other than the Tlicho First Nation, are appointed by the Tlicho Government and one member who is appointed on the nomination of the territorial Minister.
Marginal note:Consultation
(3) The federal Minister and the Tlicho Government shall consult each other before making their appointments.
Marginal note:Quorum
(4) A quorum of the Board consists of three members, or any larger number that is determined by the Board, including one of the members appointed by the Tlicho Government or in accordance with any agreement referred to in subsection (2) and one of the members appointed by the federal Minister, other than the chairperson.
Marginal note:Main office
57.2 The main office of the Board shall be located in Wekeezhii.
32. Section 58 of the Act is replaced by the following:
Marginal note:Objectives — Gwich’in and Sahtu Land and Water Boards
58. The Gwich’in Land and Water Board and the Sahtu Land and Water Board shall regulate the use of land and waters and the deposit of waste so as to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit for residents of their respective management areas and of the Mackenzie Valley and for all Canadians.
Marginal note:Objectives — Wekeezhii Land and Water Board
58.1 The Wekeezhii Land and Water Board shall regulate the use of land and waters and the deposit of waste so as to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit generally for all Canadians and in particular for residents of its management area.
33. Subsection 59(1) of the Act is replaced by the following:
Marginal note:Jurisdiction — land
59. (1) A board has jurisdiction in respect of all uses of land in its management area for which a permit is required under this Part and may, in accordance with the regulations, issue, amend, renew, suspend and cancel permits and authorizations for the use of land, and approve the assignment of permits.
34. (1) Subsection 60(1) of the Act is replaced by the following:
Marginal note:Jurisdiction — water and waste
60. (1) A board has jurisdiction in respect of all uses of waters and deposits of waste in its management area for which a licence is required under the Northwest Territories Waters Act and may
(a) issue, amend, renew and cancel licences and approve the assignment of licences, in accordance with that Act, and
(b) exercise any other power of the Northwest Territories Water Board under that Act,
and, for those purposes, references in that Act to that Board shall be read as references to the board.
Marginal note:1998, c. 15, par. 48(b)
(2) Subsection 60(3) of the Act is replaced by the following:
Marginal note:Effect outside management area
(3) In respect of a use of waters or deposit of waste in a management area that has an effect in a region of the Northwest Territories or Nunavut outside the management area, subsections 14(4) and (5) of the Northwest Territories Waters Act apply in relation to the protection of the rights of licensees and other persons referred to in those subsections who are in such a region.
(3) Subsections 60(4) and (5) of the Act are replaced by the following:
Marginal note:Northwest Territories Waters Act
(4) Notwithstanding subsection (1), the following provisions of the Northwest Territories Waters Act do not apply in respect of a management area, namely, sections 10 to 13, subsection 14(6), sections 20 and 22, paragraphs 23(1)(b) and (2)(b), section 24, section 26 except in relation to type A licences under that Act, sections 27 and 28 and subsection 37(2).
Marginal note:Northwest Territories Waters Act
(5) Notwithstanding subsection (1), section 31 of the Northwest Territories Waters Act does not apply in respect of first nation lands or Tlicho lands.
35. Section 61 of the Act is replaced by the following:
Marginal note:Considerations
60.1 In exercising its powers, a board shall consider
(a) the importance of conservation to the well-being and way of life of the aboriginal peoples of Canada to whom section 35 of the Constitution Act, 1982 applies and who use an area of the Mackenzie Valley; and
(b) any traditional knowledge and scientific information that is made available to it.
Marginal note:Conformity with land use plan — Gwich’in and Sahtu Boards
61. (1) The Gwich’in Land and Water Board and the Sahtu Land and Water Board may not issue, amend or renew a licence, permit or authorization except in accordance with an applicable land use plan under Part 2.
Marginal note:Conformity with land use plan — Wekeezhii Board
(2) The Wekeezhii Land and Water Board may not issue, amend or renew a licence, permit or authorization except in accordance with any land use plan, established under a federal, territorial or Tlicho law, that is applicable to any part of its management area.
Marginal note:Conformity with Tlicho laws — Wekeezhii Board
61.1 The Wekeezhii Land and Water Board may not exercise its discretionary powers relating to the use of Tlicho lands except in accordance with any Tlicho laws enacted under 7.4.2 of chapter 7 of the Tlicho Agreement.
36. Subsection 63(2) of the Act is replaced by the following:
Marginal note:Notice of applications
(2) A board shall notify affected communities and first nations of an application made to the board for a licence, permit or authorization and allow a reasonable period of time for them to make representations to the board with respect to the application.
Marginal note:Notice to Tlicho Government
(3) The Wekeezhii Land and Water Board shall notify the Tlicho Government of an application made to the Board for a licence, permit or authorization and allow a reasonable period of time for it to make representations to the Board with respect to the application.
Marginal note:Consultation with Tlicho Government
(4) The Wekeezhii Land and Water Board shall consult the Tlicho Government before issuing, amending or renewing any licence, permit or authorization for a use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters.
37. (1) Subsection 64(1) of the Act is replaced by the following:
Marginal note:Heritage resources
64. (1) A board shall seek and consider the advice of any affected first nation and, in the case of the Wekeezhii Land and Water Board, the Tlicho Government and any appropriate department or agency of the federal or territorial government respecting the presence of heritage resources that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.
(2) Subsection 64(2) of the English version of the Act is replaced by the following:
Marginal note:Wildlife resources
(2) A board shall seek and consider the advice of the renewable resources board established by the land claim agreement applicable in its management area respecting the presence of wildlife and wildlife habitat that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.
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