Déline Final Self-Government Agreement Act (S.C. 2015, c. 24)
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Assented to 2015-06-18
CONSEQUENTIAL AND RELATED AMENDMENTS
1998, c. 25Mackenzie Valley Resource Management Act
31. Section 85 of the Act is amended by adding the following after subsection (5):
Marginal note:Notice to Déline Got’ine Government
(6) An inspector shall, if it is reasonable to do so, give the Déline Got’ine Government prior notice of entry by the inspector on Déline lands.
32. The Act is amended by adding the following after section 90.1:
Marginal note:Prohibition — Déline lands
90.11 Even if the regulations do not require a permit or other authorization under Part 3 or 4 for a particular use of land, a person shall not use Déline lands without such a permit or authorization if one is required by a Déline law for uses of that type.
33. The Act is amended by adding the following after section 90.2:
Marginal note:Exception
90.21 Despite the regulations, a permit or other authorization under Part 3 or 4 for a particular use of lands in the Community of Déline, as described in schedule B to the Déline Agreement, is not required if a Déline law provides that one is not required for uses of that type.
Marginal note:2014, c. 2, s. 192
34. Section 95 of the Act is replaced by the following:
Marginal note:Fees
95. Despite subsection 72.03(1) or any territorial law, the Gwich’in and Sahtu First Nations, the Tlicho Government and the Déline Got’ine 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, Tlicho lands or Déline lands as the case may be.
35. Subsection 106.1(2) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) the Déline Got’ine Government with respect to the amendment of any Déline law regarding the use of Déline lands or waters on those lands or regarding a deposit of waste on those lands or in those waters.
36. The Act is amended by adding the following after section 109.1:
Powers of Déline Got’ine Government
Marginal note:Policy directions by Déline Got’ine Government
109.11 The Déline Got’ine 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) as those that the Déline Got’ine Government has under section 83 in relation to the Sahtu Land and Water Board.
37. Section 109.2 of the Act is amended by adding the following after subsection (2):
Marginal note:Conflict between policy directions
(3) If there is a conflict between policy directions given by the federal Minister under section 109 and policy directions given by the Déline Got’ine Government under section 109.11, the policy directions given under section 109.11 prevail to the extent of the conflict.
Marginal note:Conflict between legislation and policy directions
(4) If there is a conflict between policy directions given by the federal Minister under section 109 or by the Déline Got’ine Government under section 109.11 and the provisions of any Act of Parliament, of any regulations made under an Act of Parliament or of any territorial law, those provisions prevail to the extent of the conflict.
Marginal note:2005, c. 1, s. 71
38. Section 118 of the Act is replaced by the following:
Marginal note:Issuance of licence, permit or other authorization
118. (1) A licence, permit or other authorization required for the carrying out of a development shall not be issued under any federal, territorial, Tlicho or Déline law unless the requirements of this Part have been complied with in relation to the development.
Marginal note:Requirements
(2) If the Gwich’in or Sahtu First Nation, the Tlicho Government, the Déline Got’ine 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, Tlicho or Déline law, it shall comply with the requirements of this Part before taking any irrevocable action in relation to the development.
Marginal note:2005, c. 1, s. 73
39. Section 121 of the Act is replaced by the following:
Marginal note:Written reasons
121. The Review Board, a review panel of the Review Board, 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, the Tlicho Government or the Déline Got’ine Government shall issue and make available to the public written reasons for any decision or recommendation made under the process established by this Part.
Marginal note:2005, c. 1, s. 74
40. Subsection 123.2(2) of the Act is replaced by the following:
Marginal note:Status or entitlements under agreement
(2) A person is not placed 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 or under the Déline Agreement.
2003, c. 15, s. 67First Nations Goods and Services Tax Act
41. Schedule 1 to the First Nations Goods and Services Tax Act is amended by adding the following in alphabetical order:
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| First Nation | Governing Body | Lands |
Déline First Nation | Déline Got’ine Government | Déline Lands, as defined in 22.1.1 of the Déline Final Self-Government Agreement that is approved, given effect and declared valid by the Déline Final Self-Government Agreement Act |
COORDINATING AMENDMENTS
Marginal note:2014, c. 2
42. (1) In this section, “other Act” means the Northwest Territories Devolution Act.
(2) On the first day on which both subsection 128(2) of the other Act and section 28 of this Act are in force, subsection 31(1) of the Mackenzie Valley Resource Management 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 to a land use plan under Part 2, rules under subsection 49(2), guidelines or policies under section 65, policy directions under subsection 50.1(1), 83(1), (2) or (2.1) or 142.2(1) or guidelines under section 120.
(3) If section 137 of the other Act comes into force before section 29 of this Act, then, on the day on which that section 29 comes into force, subsection 63(5) of the Mackenzie Valley Resource Management Act is replaced by the following:
Marginal note:Consultation with Déline Got’ine Government
(5) The Board shall consult the Déline Got’ine Government before issuing, amending or renewing any licence, permit or other authorization for a use of Déline lands or waters on those lands or a deposit of waste on those lands or in those waters.
(4) If section 29 of this Act comes into force before section 137 of the other Act, then, on the day on which that section 137 comes into force, section 63 of the Mackenzie Valley Resource Management Act is amended by adding the following after subsection (4):
Marginal note:Consultation with Déline Got’ine Government
(5) The Board shall consult the Déline Got’ine Government before issuing, amending or renewing any licence, permit or other authorization for a use of Déline lands or waters on those lands or a deposit of waste on those lands or in those waters.
(5) If section 29 of this Act comes into force on the same day as section 137 of the other Act, then that section 29 is deemed to have come into force before that section 137 and subsection (4) applies as a consequence.
(6) If subsection 175(2) of the other Act comes into force before subsection 30(1) of this Act, then, on the day on which that subsection 30(1) comes into force, subsection 83(1.1) of the Mackenzie Valley Resource Management Act is replaced by the following:
Marginal note:Notice to Déline Got’ine Government
(1.1) The federal Minister shall inform the Déline Got’ine Government, to the extent provided for in 2.7.1 of the Déline Agreement, of the Minister’s intention to give a written policy direction to the Board if the policy direction is in relation to the use of land or water or the deposit of waste in the area described in schedule A to the Déline Agreement.
(7) If subsection 30(1) of this Act comes into force before subsection 175(2) of the other Act, then, on the day on which that subsection 175(2) comes into force, section 83 of the Mackenzie Valley Resource Management Act is amended by adding the following after subsection (1):
Marginal note:Notice to Déline Got’ine Government
(1.1) The federal Minister shall inform the Déline Got’ine Government, to the extent provided for in 2.7.1 of the Déline Agreement, of the Minister’s intention to give a written policy direction to the Board if the policy direction is in relation to the use of land or water or the deposit of waste in the area described in schedule A to the Déline Agreement.
(8) If subsection 30(1) of this Act comes into force on the same day as subsection 175(2) of the other Act, then that subsection 30(1) is deemed to have come into force before that subsection 175(2) and subsection (7) applies as a consequence.
(9) If subsection 175(2) of the other Act comes into force before subsection 30(2) of this Act, then, on the day on which that subsection 30(2) comes into force, subsection 83(2.1) of the Mackenzie Valley Resource Management Act is replaced by the following:
Marginal note:Policy directions by Déline Got’ine Government to Board
(2.1) The Déline Got’ine Government may, after consultation with the Board and the federal Minister, give written policy directions to the Board with respect to the performance of any of the Board’s functions under this Part in relation to the use of Déline lands. Policy directions are binding on the Board to the extent that compliance with them does not require the Board to exceed its approved budget.
(10) If subsection 30(2) of this Act comes into force before subsection 175(2) of the other Act, then, on the day on which that subsection 175(2) comes into force, section 83 of the Mackenzie Valley Resource Management Act is amended by adding the following after subsection (2):
Marginal note:Policy directions by Déline Got’ine Government to Board
(2.1) The Déline Got’ine Government may, after consultation with the Board and the federal Minister, give written policy directions to the Board with respect to the performance of any of the Board’s functions under this Part in relation to the use of Déline lands. Policy directions are binding on the Board to the extent that compliance with them does not require the Board to exceed its approved budget.
(11) If subsection 30(2) of this Act comes into force on the same day as subsection 175(2) of the other Act, then that subsection 30(2) is deemed to have come into force before that subsection 175(2) and subsection (10) applies as a consequence.
(12) On the first day on which both section 176 of the other Act and section 2 of this Act are in force, subsection 83.1(2) of the Mackenzie Valley Resource Management Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) the Déline Got’ine Government with respect to the amendment of any Déline law regarding the use of Déline lands or waters on those lands or a deposit of waste on those lands or in those waters.
(13) If section 181 of the other Act comes into force before section 32 of this Act, then, on the day on which that section 32 comes into force, section 90.11 of the Mackenzie Valley Resource Management Act is replaced by the following:
Marginal note:Prohibition — Déline lands
90.11 Even if the regulations do not require a permit or other authorization under this Part for a particular use of land, no person shall use Déline lands without such a permit or authorization if one is required by a Déline law for uses of that type.
(14) If section 32 of this Act comes into force before section 181 of the other Act, then that section 181 is replaced by the following:
181. Sections 90.1 to 90.2 of the Act are replaced by the following:
Marginal note:Regulations respecting cost recovery
90.01 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the Board, make regulations respecting the recovery of amounts and costs for the purposes of section 68.1, including prescribing the amounts and services for the purposes of that section and exempting any class of applicants or licensees from the application of that section.
Marginal note:Regulations respecting consultation
90.02 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the Board, make regulations respecting any consultation with a first nation, the Tlicho First Nation, the Tlicho Government or an aboriginal people who use an area outside the Mackenzie Valley that may occur under this Part, including the manner in which it is to be conducted, and providing for the delegation of certain procedural aspects of such a consultation.
Marginal note:Prohibition — Tlicho lands
90.1 Even if the regulations do not require a permit or other authorization under this Part for a particular use of land, no person shall use Tlicho lands without such a permit or authorization if one is required by a Tlicho law for uses of that type.
Marginal note:Prohibition — Déline lands
90.11 Even if the regulations do not require a permit or other authorization under this Part for a particular use of land, no person shall use Déline lands without such a permit or authorization if one is required by a Déline law for uses of that type.
Marginal note:Exception
90.2 Despite the regulations, a permit or other authorization under this Part for a particular use of land in a Tlicho community is not required if the local government of that community has enacted a bylaw providing that one is not required for uses of that type.
(15) If section 32 of this Act comes into force on the same day as section 181 of the other Act, then that section 32 is deemed to have come into force before that section 181 and subsection (14) applies as a consequence.
(16) On the first day on which both section 181 of the other Act and section 33 of this Act are in force, section 90.21 of the Mackenzie Valley Resource Management Act is replaced by the following:
Marginal note:Exception
90.21 Despite the regulations, a permit or other authorization under this Part for a particular use of lands in the Community of Déline, as described in schedule B to the Déline Agreement, is not required if a Déline law provides that one is not required for uses of that type.
(17) If section 193 of the other Act comes into force before section 35 of this Act, then that section 35 is repealed.
(18) If section 193 of the other Act comes into force on the same day as section 35 of this Act, then that section 35 is deemed never to have come into force and is repealed.
(19) If section 193 of the other Act comes into force before section 36 of this Act, then that section 36 is repealed.
(20) If section 193 of the other Act comes into force on the same day as section 36 of this Act, then that section 36 is deemed never to have come into force and is repealed.
(21) If section 193 of the other Act comes into force before section 37 of this Act, then that section 37 is repealed.
(22) If section 193 of the other Act comes into force on the same day as section 37 of this Act, then that section 37 is deemed never to have come into force and is repealed.
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