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

Marginal note:Local government jurisdiction

• 98 (1) This Part does not apply in respect of the use of land within the boundaries of a local government to the extent that the local government regulates that use.

• Marginal note:Agreement

  (2) The Board and the territorial Minister shall, in consultation with each local government, jointly determine the extent to which the local government regulates the use of land within its boundaries for the purposes of subsection (1).

• Marginal note:Dissemination

  (3) A determination under subsection (2) shall be made available to the public at the main office of the Board and that of the local government.

Establishment of Board

Marginal note:Board established

• 99 (1) There is hereby established a board to be known as the Mackenzie Valley Land and Water Board.

• 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) For greater certainty, the provisions of Part 1 respecting the appointment, term of office 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, its main office and members acting after the expiry of their term, 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.

Marginal note:Annual meeting

100 The Board shall hold at least one plenary meeting in each year.

Marginal note:Main office

101 The main office of the Board shall be at Yellowknife or at such other place in the Mackenzie Valley as is designated by the Governor in Council.

Mandate of Board

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 in the Mackenzie Valley for which a permit is required under Part 3 and in respect of all uses of waters or deposits of waste in the Mackenzie Valley for which a licence is required under Part 3 or any territorial law, as the case may be, 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.

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.

• 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.

• Marginal note:Copies of panel applications

  (3) A regional panel of the Board shall provide the Board with a copy of every application made to the regional panel.

• Marginal note:Referral between Board and panels

  (4) Where the Board determines that an application made to a regional panel of the Board should have been made to the Board, the Board shall dispose of the application, and where it determines that an application made to it should have been made to a regional panel, it shall refer the application to the regional panel for disposition.

• Marginal note:Decisions of regional panels

  (5) For greater certainty, a decision made by a regional panel of the Board on an application is a decision of the Board.

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.

Marginal note:Acting after expiry of term

• 105 (1) If the chairperson of the Board is of the opinion that it is necessary for a member of the Board to continue to act after the expiry of that member’s term in order for the Board to make a decision in relation to the issuance, amendment, renewal or cancellation of a permit or licence, as the case may be, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that matter until a decision is made. For the purpose of the appointment of a replacement, the office of the member is deemed to be vacant as soon as their term expires.

• Marginal note:Request

  (2) The request shall be made at least two months before the day on which the member’s term expires.

• Marginal note:Deemed acceptance

  (3) If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.

Marginal note:Board directions

106 The Board may issue directions on general policy matters or on matters concerning the use of land or waters or the deposit of waste that, in the Board’s opinion, require consistent application throughout the Mackenzie Valley.

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 making or amendment of any instrument under this 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;

  • (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; and

  • (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.

Cooperation with Other Authorities

Marginal note:Coordination

107 Where a use of land or waters or a deposit of waste proposed by an applicant for a licence or permit is likely to have an impact in an area outside the Mackenzie Valley, whether within or outside the Northwest Territories, the Board may consult any government, aboriginal group or other body responsible for the regulation of such uses or deposits in that area and may, with the approval of the federal Minister, hold joint hearings with or enter into agreements with any of them for the coordination of activities and the avoidance of duplication.

Powers of Governor in Council and Federal Minister

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.

• Marginal note:Appointment

  (3) The members of such a regional panel shall be appointed by the federal Minister and must include one of the members of the Board referred to in paragraph 99(4)(a) and one of the members referred to in paragraph 99(4)(b) or (c).

• Marginal note:Chairperson

  (4) The chairperson of such a regional panel shall be appointed by the federal Minister from persons nominated by a majority of the members of the regional panel.

• Marginal note:Appointment by federal Minister

  (5) If a majority of the members do not nominate a person acceptable to the federal Minister within a reasonable time, the Minister may appoint any person as chairperson.

• Marginal note:Absence or incapacity of chairperson

  (6) A regional panel established under this section may designate a member to act as chairperson during the absence or incapacity of the chairperson or a vacancy in the office of chairperson, and that person may exercise the powers and shall perform the duties of the chairperson while so acting.

• Marginal note:Members of Board

  (7) The chairperson and the members of such a regional panel who are not already members of the Board become members of the Board on their appointment to the regional panel.

• Marginal note:Notice

  (8) A notice of the establishment of a regional panel under this section shall be published in a newspaper circulated in the Mackenzie Valley.