Marginal note:Determination of conformity

• 47. (1) A planning board shall determine whether an activity is in accordance with a land use plan where

  • (a) the activity is referred to the planning board by a first nation or a department or agency of the federal or territorial government or by the body having authority under any federal or territorial law to issue a licence, permit or other authorization in respect of the activity; or

  • (b) an application for such a determination is made by any person directly affected by an activity for which an application has been made for a licence, permit or authorization.

• Marginal note:Time of referral

  (2) The referral or application must be made before the issuance of any licence, permit or other authorization required for the activity.

• Marginal note:Transmission of decision

  (3) A planning board shall transmit its decision to the first nation, department, agency, body or person that made a referral or application under subsection (1).

• Marginal note:Final decision

  (4) Subject to section 32, a decision of a planning board under this section is final and binding.

Marginal note:Amendment of plan

• 48. (1) A planning board may, on application or on its own motion, adopt any amendments to a land use plan that the planning board considers necessary.

• 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

• 49. (1) A planning board shall

  • (a) keep a public record of all applications made to it and all decisions made by it;

  • (b) furnish, on request and on the payment of a fee prescribed under subsection (2), copies of a land use plan or of any decision made by it; and

  • (c) have the custody and care of all documents filed with it.

• Marginal note:Fees

  (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:Definitions

51. The definitions in this section apply in this Part.

“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.

“first nation lands”

« terres d’une première nation »

“first nation lands”, in relation to a first nation, means

• (a) settlement lands of the first nation; or

• (b) lands situated within the boundaries of a local government and referred to in the first nation’s land claim agreement as municipal lands.

“land”

« terres »

“land” means the surface of land.

“licence”

« permis d’utilisation des eaux »

“licence” means a licence for the use of waters or the deposit of waste, or both, issued by a board under the Northwest Territories Waters Act and this Part, and “licensee” has a corresponding meaning.

“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.

“permit”

« permis d’utilisation des terres »

“permit” means a permit for the use of land issued by a board under this Part, and “permittee” has a corresponding meaning.

“water authority”

« autorité de gestion des eaux »

“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.

“waters”

« eaux »

“waters” means any inland waters, whether in a liquid or frozen state, on or below the surface of land.