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
54. Section 95 of the Act is replaced by the following:
Marginal note:Fees
95. Notwithstanding subsection 14(1) of the Northwest Territories Waters Act, the Gwich’in and Sahtu First Nations and the Tlicho Government are not required to pay any fee in respect of the use of waters or the deposit of waste for non-commercial purposes on their first nation lands or Tlicho lands, as the case may be.
55. Subsections 96(2) and (3) of the Act are replaced by the following:
Marginal note:Terms defined in Part 3
(2) In this Part, the expressions “first nation lands”, “land”, “management area” and “waters” have the same meaning as in Part 3.
Meaning of “permit”
(3) For the purposes of this Part, references to a permit in section 90, in the regulations made pursuant to that section and in sections 90.1, 90.2 and 92 include a permit as defined in subsection (1).
56. Subsections 99(2) to (4) of the Act are replaced by the following:
Marginal note:Regional panels — Gwich’in and Sahtu Boards
(2) On the coming into force of this Part, a board established by section 54 or 56 continues as a regional panel of the Board under the same name and in respect of the same management area as that of the board. Its members become members of the Board.
Marginal note:Regional panel — Wekeezhii Board
(2.1) Six months after the coming into force of section 57.1, the board established by that section continues as a regional panel of the Board under the same name and in respect of the same management area as that of the board. Its members become members of the Board.
Marginal note:Applicable provisions
(3) The provisions of Part 1 respecting the appointment, tenure and removal from office of members of a board and respecting the chairperson of a board, and the provisions of Part 3 respecting the appointment of members of a board, the quorum of a board and its main office, continue to apply to a regional panel.
Marginal note:Composition
(4) In addition to the members of the regional panels referred to in subsections (2) and (2.1) and a chairperson, the Board shall, subject to subsection 108(7), consist of
(a) two members appointed following consultation by the federal Minister with the first nations and the Tlicho Government;
(b) one member appointed on the nomination of the territorial Minister; and
(c) one other member.
57. The heading before section 102 of the French version of the Act is replaced by the following:
Mission et compétence de l’Office
58. Section 102 of the Act is replaced by the following:
Marginal note:Objectives — Board
101.1 (1) The objectives of the Board are 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 the Mackenzie Valley.
Marginal note:Objectives — Gwich’in and Sahtu regional panels
(2) The objectives of a regional panel referred to in subsection 99(2) are 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 its management area and of the Mackenzie Valley and for all Canadians.
Marginal note:Objectives — Wekeezhii regional panel
(3) The objectives of the regional panel referred to in subsection 99(2.1) are 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.
Marginal note:Jurisdiction — Board
102. (1) The Board has jurisdiction in respect of all uses of land or waters or deposits of waste in the Mackenzie Valley for which a permit is required under Part 3 or a licence is required under the Northwest Territories Waters Act, and for that purpose the Board has the powers and duties of a board established under Part 3, other than powers under sections 78, 79 and 79.2 to 80.1, as if a reference in that Part to a management area were a reference to the Mackenzie Valley, except that, with regard to subsection 61(2), the reference to management area continues to be a reference to Wekeezhii.
Marginal note:Jurisdiction — regional panels
(2) A regional panel of the Board shall exercise
(a) the powers and duties referred to in subsection (1) in respect of a use of land or waters or a deposit of waste that is to take place, and that is likely to have an impact, wholly within the management area of the regional panel; and
(b) the powers conferred by sections 78, 79 and 79.2 to 80.1 on the board established under Part 3 for that management area.
59. (1) Subsection 103(1) of the Act is replaced by the following:
Marginal note:Applications to Board
103. (1) An application shall be made to the Board where the application relates to a use of land or waters or a deposit of waste
(a) that is to take place, or is likely to have an impact, in more than one management area, or in a management area and an area outside any management area; or
(b) that is to take place wholly outside any management area.
(2) Subsection 103(2) of the English version of the Act is replaced by the following:
Marginal note:Applications to regional panel
(2) An application relating to a use of land or waters or a deposit of waste described in subsection 102(2), including an application relating to a licence or permit for such a use or deposit issued pursuant to Part 3 before the coming into force of this Part, shall be made to the regional panel of the Board for the management area referred to in that subsection.
60. Section 104 of the Act is replaced by the following:
Marginal note:Power of chairperson
104. Applications referred to in subsection 103(1) shall be disposed of by three or more members of the Board designated by the chairperson for that purpose, including at least one of the members appointed to a regional panel — on the nomination of a first nation or by the Tlicho Government — or appointed to the Board following consultation with first nations and the Tlicho Government and at least one of the members of the Board not so appointed.
61. The Act is amended by adding the following after section 106:
Marginal note:Requirement to make recommendations
106.1 (1) The Board shall, at the request of the federal Minister, make recommendations to the federal Minister with respect to the amendment of this Act or the Northwest Territories Waters Act or the making or amendment of any instrument under this Act or that Act.
Marginal note:Discretion to make recommendations
(2) The Board may make recommendations to
(a) the Minister responsible for any Act of Parliament regarding the use of land or waters or the deposit of waste, with respect to the amendment of that Act or the making or amendment of any instrument under that Act;
(b) the territorial Minister with respect to the amendment of territorial laws regarding the use of land or waters or the deposit of waste;
(c) a local government with respect to the amendment of bylaws enacted by that government regarding the use of land or waters or the deposit of waste; and
(d) the Tlicho Government with respect to the amendment of Tlicho laws regarding the use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters.
62. Subsections 108(1) and (2) of the Act are replaced by the following:
Marginal note:Establishment of additional panels
108. (1) The Governor in Council may, on the recommendation of the federal Minister, establish up to two regional panels of the Board in addition to those referred to in subsections 99(2) and (2.1).
Marginal note:Powers
(2) The area of the Mackenzie Valley in which such a regional panel has jurisdiction shall be specified by the Governor in Council, following consultation with affected first nations, which area must be wholly outside any management area. Subsections 102(2) and 103(2) to (5) apply in relation to that area with such modifications as are required.
63. The Act is amended by adding the following after section 109:
Powers of Tlicho Government
Marginal note:Policy directions by the Tlicho Government
109.1 The Tlicho Government may exercise the same powers and shall perform the same duties in relation to the Board and the regional panel of the Board referred to in subsection 99(2.1) as those that the Tlicho Government has under section 83 in relation to the Wekeezhii Land and Water Board.
Precedence Relating to Policy Directions
Marginal note:Conflict between policy directions
109.2 (1) If there is a conflict between policy directions given by the federal Minister under section 109 and policy directions given by the Tlicho Government under section 109.1, the policy directions under section 109.1 prevail to the extent of the conflict.
Marginal note:Conflict between legislation and policy directions
(2) If there is a conflict between policy directions given by the federal Minister under section 109 or by the Tlicho Government under section 109.1 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.
64. The heading “Interpretation” before section 111 of the Act is replaced by the following:
Interpretation and Application
65. (1) The portion of section 111 of the Act before the definition “designated regulatory agency” is replaced by the following:
Marginal note:Definitions
111. (1) The following definitions apply in this Part.
Marginal note:2000, c. 32, s. 55
(2) The definition “development” in subsection 111(1) of the Act is replaced by the following:
“development”
« projet de développement »
“development” means any undertaking, or any part or extension of an undertaking, that is carried out on land or water and includes an acquisition of lands pursuant to the Historic Sites and Monuments Act and measures carried out by a department or agency of government leading to the establishment of a park subject to the Canada National Parks Act or the establishment of a park under a territorial law.
(3) Section 111 of the Act is amended by adding the following after subsection (1):
Marginal note:Application
(2) This Part applies in respect of developments to be carried out wholly or partly within the Mackenzie Valley and, except for section 142, does not apply in respect of developments wholly outside the Mackenzie Valley.
66. (1) Subsection 112(2) of the Act is replaced by the following:
Marginal note:Nominations by first nations and the Tlicho Government
(2) One half of the members of the Review Board other than the chairperson shall be persons appointed on the nomination of first nations and the Tlicho Government, including at least one nominated by the Gwich’in First Nation, one nominated by the Sahtu First Nation and one nominated by the Tlicho Government.
(2) Subsection 112(3) of the English version of the Act is replaced by the following:
Marginal note:Government members
(3) Of the members of the Review Board other than the chairperson and those appointed in accordance with subsection (2), at most one half shall be nominated by the territorial Minister.
(3) Subsection 112(4) of the Act is replaced by the following:
Marginal note:Quorum
(4) A quorum of the Review Board consists of five members, including two of the members appointed in accordance with subsection (2) and two of the members not so appointed other than the chairperson.
67. Section 115 of the Act is amended by striking out the word “and” at the end of paragraph (a), by adding the word “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) 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.
68. The Act is amended by adding the following after section 115:
Marginal note:Considerations
115.1 In exercising its powers, the Review Board shall consider any traditional knowledge and scientific information that is made available to it.
69. Paragraph 116(b) of the Act is replaced by the following:
(b) proposals that are the subject of agreements referred to in paragraph 141(2)(a) or (3)(b), to the extent provided by such agreements.
70. (1) Paragraph 117(2)(d) of the Act is replaced by the following:
(d) where the development is likely to have a significant adverse impact on the environment, the need for mitigative or remedial measures; and
(2) Section 117 of the Act is amended by adding the following after subsection (3):
Marginal note:Joint panels
(4) Subsections (2) and (3) apply in respect of an examination of a proposal for a development by a review panel, or a joint panel, established jointly by the Review Board and any other person or body.
71. Section 118 of the Act is replaced by the following:
Marginal note:Implementation of proposals
118. (1) No licence, permit or other authorization required for the carrying out of a development may be issued under any federal, territorial or Tlicho law unless the requirements of this Part have been complied with in relation to the development.
Marginal note:Implementation of proposals
(2) Where the Gwich’in or Sahtu First Nation, the Tlicho Government, a local government or a department or agency of the federal or territorial government proposes to carry out a development that does not require a licence, permit or other authorization under any federal, territorial or Tlicho law, it shall comply with the requirements of this Part before taking any irrevocable action in relation to the development.
72. The portion of section 120 of the Act before paragraph (a) is replaced by the following:
Marginal note:Guidelines
120. Following consultation with first nations, the Tlicho Government and the federal and territorial Ministers and subject to any regulations made under paragraph 143(1)(a), the Review Board may establish guidelines respecting the process established by this Part, including guidelines
73. Section 121 of the Act is replaced by the following:
Marginal note:Written reasons
121. The Review Board, a review panel thereof, a review panel, or a joint panel, established jointly by the Review Board and any other person or body, the federal Minister, a responsible minister, a designated regulatory agency, a regulatory authority, a department or agency of the federal or territorial government, a local government, the Gwich’in or Sahtu First Nation or the Tlicho Government shall issue and make available to the public written reasons for any decision or recommendation made under the process established by this Part.
74. The Act is amended by adding the following after section 123:
Marginal note:Consultation
123.1 In conducting a review or examination of the impact on the environment of a development, a review panel of the Review Board or a review panel, or a joint panel, established jointly by the Review Board and any other person or body,
(a) shall carry out any consultations that are required by any of the land claim agreements; and
(b) may carry out other consultations with any persons who use an area where the development might have an impact on the environment.
Marginal note:Conflict of interest
123.2 (1) A person shall not be appointed, or continue, as a member of a review panel of the Review Board or of a review panel, or a joint panel, established jointly by the Review Board and any other person or body, if doing so would place the member in a material conflict of interest.
Marginal note:Status or entitlements under agreement
(2) A person is not in a material conflict of interest merely because of any status or entitlement conferred on the person 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.
Marginal note:Nominations
123.3 In appointing a review panel of the Review Board or a review panel, or a joint panel, established jointly by the Review Board and any other person or body, the Review Board and those other persons or bodies shall comply with the requirements of land claim agreements respecting nominations for appointment.
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