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

Marginal note:Consultation with first nations and Tlicho Government

• 82. (1) The federal Minister shall consult the Gwich’in and Sahtu First Nations and the Tlicho Government with respect to the amendment of the Northwest Territories Waters Act or regulations made under that Act.

• Marginal note:Consultation with boards

  (2) The federal Minister shall consult the boards with respect to the amendment of this Act or the Northwest Territories Waters Act or the making or amendment of any instrument pursuant to this Act or that Act.

Marginal note:Minister’s policy directions to board

• 83. (1) The federal Minister may, after consultation with a board, give written policy directions binding on the board with respect to the exercise of any of its functions under this Part. The federal Minister shall also consult the Tlicho Government before giving such written policy directions to the Wekeezhii Land and Water Board.

• Marginal note:Policy directions by the Tlicho Government to the Wekeezhii Board

  (2) The Tlicho Government may, after consultation with the Wekeezhii Land and Water Board and the federal Minister, give written policy directions with respect to the exercise of any of its functions under this Part in relation to the use of Tlicho lands. Policy directions shall be binding on the Board to the extent that compliance with them does not require the Board to exceed its approved budget.

• Marginal note:Limitation

  (3) Except as provided by subsection (4), policy directions do not apply in respect of any application that, at the time the directions are given, is pending before a board or has been approved by a board and is awaiting approval under section 81.

• Marginal note:Exception

  (4) Policy directions apply in respect of an application referred to in subsection (3) if their non-application could result in the inconsistency of a licence, permit or authorization with another Act or with a regulation or order made under another Act.

• Marginal note:Conflict between policy directions

  (5) If there is a conflict between policy directions given by the federal Minister under subsection (1) and policy directions given by the Tlicho Government under subsection (2), the policy directions given under subsection (2) prevail to the extent of the conflict.

• Marginal note:Conflict between legislation and policy directions

  (6) If there is a conflict between policy directions given by the federal Minister or the Tlicho Government 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.