Northwest Territories Act (S.C. 2014, c. 2, s. 2)

Marginal note:Rights in respect of waters

• 52 (1) All rights in respect of waters belong to Her Majesty in right of Canada.

• Marginal note:Limitations

  (2) Subsection (1) is subject to any rights granted by or under an Act of Parliament in respect of waters.

• Marginal note:Commissioner

  (3) The Commissioner has the administration and control of all rights in respect of waters and may exercise those rights or sell or otherwise dispose of them and may retain the proceeds of the disposition.

• Marginal note:Exceptions

  (4) Despite subsection (3), the Commissioner does not have the administration and control of

  • (a) the right to the use and flow of waters for the production or generation of water power to which the Dominion Water Power Act applies; and

  • (b) the following rights in respect of waters unless the administration and control of them is transferred to him or her under section 54:

    • (i) those listed under subsection (5),

    • (ii) those in respect of which the administration and control is relinquished by the Commissioner under section 53,

    • (iii) those in respect of which the administration and control is taken by the Governor in Council under section 55, and

    • (iv) those acquired by Her Majesty in right of Canada after the coming into force of section 1.

• Marginal note:List

  (5) The Governor in Council must, on the day on which section 1 comes into force, list the rights in respect of waters that are excluded from the administration and control of the Commissioner.

Marginal note:Relinquishment by Commissioner

53 The Commissioner may, with the Governor in Council’s consent, relinquish — in perpetuity or for any lesser term — the administration and control of public lands and of rights in respect of waters.

Marginal note:Transfer to Commissioner

54 The Governor in Council may, with the Commissioner’s consent, transfer to the Commissioner — in perpetuity or for any lesser term — the administration and control of public lands and of rights in respect of waters.

Restrictions

Marginal note:Taking of administration and control by Governor in Council

• 55 (1) The Governor in Council may, on the Minister’s recommendation, take from the Commissioner the administration and control of public lands and rights in respect of waters if, subject to subsection (2), the Governor in Council considers it necessary to do so for the purposes of

  • (a) the national interest, including

    • (i) national defence or security,

    • (ii) establishing — or changing the boundaries of — a national park as defined in subsection 2(1) of the Parks Canada Agency Act, a national historic site as defined in that subsection or another area that is protected under an Act of Parliament, and

    • (iii) the creation of the infrastructure required for initiatives in respect of transportation or energy;

  • (b) the fulfilment of an obligation in respect of an Aboriginal or treaty right that is referred to in section 35 of the Constitution Act, 1982; or

  • (c) the settlement of an Aboriginal land claim or the implementation of an Aboriginal land claim agreement or other treaty, a settlement agreement or a self-government agreement.

• Marginal note:Consultation

  (2) The Minister must — before recommending the taking of the administration and control other than for a purpose related to national defence or security — consult the member of the Executive Council who is responsible for those public lands or those rights in respect of waters and any affected Aboriginal party on the boundaries of the lands that, and the location of the waters the rights in respect of which, are subject to the taking.

Marginal note:Prohibition order — public lands

56 The Governor in Council may, by order and on the Minister’s recommendation, prohibit the issuance under a law of the Legislature of interests in — or the authorization under a law of the Legislature of the conduct of activities on — the public lands that are specified in the order if the Governor in Council considers that the prohibition is required

• (a) before the taking of the administration and control of those lands under paragraph 55(1)(a) or (b); or

• (b) for the purposes of the settlement of an Aboriginal land claim or the implementation of an Aboriginal land claim agreement or other treaty, a settlement agreement or a self-government agreement.

Marginal note:Prohibition order — waters

57 The Governor in Council may, by order and on the Minister’s recommendation, prohibit any use of waters that is specified in the order — or the deposit of waste directly or indirectly into those waters — if the Governor in Council considers

• (a) that the use or deposit would be incompatible with or would interfere with a particular undertaking that is in the national interest; or

• (b) that the prohibition is required for the purposes of the settlement of an Aboriginal land claim or the implementation of an Aboriginal land claim agreement or other treaty, a settlement agreement or a self-government agreement.

Marginal note:Consultation — prohibition orders

58 The Minister must — before recommending that the Governor in Council make a prohibition order under section 56 or 57 — consult the member of the Executive Council who is responsible for those public lands or those waters and any affected Aboriginal party on

• (a) the boundaries of the lands — and the interests or activities — that are the subject of the order to be made under section 56; and

• (b) the location of the waters that are the subject of the order to be made under section 57.

Compensation

Marginal note:No expenditure or compensation

• 59 (1) Subject to subsection (2), the following are to be done without expenditures by or compensation to the Government of the Northwest Territories:

  • (a) a relinquishment under section 53;

  • (b) a taking under section 55; and

  • (c) the making of a prohibition order under section 56 or 57.

• Marginal note:Exception — improvements to public lands

  (2) If the Commissioner relinquishes to the Governor in Council, or the Governor in Council takes, the administration and control of public lands, the Government of Canada must compensate the Government of the Northwest Territories for any improvements that it has made to those lands.

• Marginal note:Negotiation

  (3) As soon as practicable after the relinquishment or the taking, the Government of Canada and the Government of the Northwest Territories are to attempt to reach an agreement on the amount of compensation.

• Marginal note:Appraisal expert

  (4) If the Government of Canada and the Government of the Northwest Territories are unable to reach an agreement, they are to refer the matter to an agreed upon person with expertise in determining the value of improvements to land.

• Marginal note:Amount of compensation

  (5) That person must determine that value on a basis similar to the determination of the fair actual value of the improvements — at the time the Governor in Council takes or has relinquished to it the administration and control of the lands — calculated in accordance with the method for calculating the fair actual value of improvements to land set out in a law of general application of the Legislature relating to the assessment of taxes on real property. That value is the amount of compensation.

Agreements

Marginal note:Management of waters

60 With the approval of the Governor in Council and subject to any agreement entered into under section 5 or 11 of the Canada Water Act, the Minister may, on behalf of the Government of Canada, enter into an agreement with a provincial government providing for the management of any waters that

• (a) are

  • (i) partially on lands situated in the Northwest Territories that are under the administration of a federal minister, and

  • (ii) partially on lands that are not under the administration of a federal minister; or

• (b) flow between

  • (i) lands situated in the Northwest Territories that are under the administration of a federal minister, and

  • (ii) lands that are not under the administration of a federal minister.

Amending this Act

Marginal note:Consultation — Minister

• 61 (1) Before a bill that amends or repeals this Act is introduced in the House of Commons by a federal minister, the Minister must consult the Executive Council with respect to the proposed amendment or repeal.

• Marginal note:Recommendations — Legislative Assembly

  (2) The Legislative Assembly may make any recommendations to the Minister that it considers appropriate with respect to the amendment or the repeal of this Act.

Transitional Provisions

Marginal note:Ordinances

62 An ordinance, as defined in section 2 of the former Act, is continued as a law of the Legislature of the Northwest Territories.

Marginal note:Commissioner

• 63 (1) The Commissioner, as defined in section 2 of the former Act, who is in office immediately before the coming into force of section 1 continues in office.

• Marginal note:Deputy Commissioner

  (2) The Deputy Commissioner — appointed under subsection 4(1) of the former Act — who is in office immediately before the coming into force of section 1 continues in office.

Marginal note:Executive Council

64 The members of the Executive Council — chosen or appointed under subsection 61(1) of the Legislative Assembly and Executive Council Act, S.N.W.T. 1999, c. 22 — who are in office immediately before the coming into force of section 1 continue in office as members of the Executive Council established under section 8.

Marginal note:Council

• 65 (1) Despite subsection 11(1), the members of the Council — as defined in section 2 of the former Act — who are in office immediately before the coming into force of section 1 continue in office as members of the Legislative Assembly for the remainder of the period provided under subsection 9(3) of the former Act, but the Commissioner may dissolve the Legislative Assembly before then.

• Marginal note:Extension of period of Legislative Assembly

  (2) Despite subsection (1), if the election period for the first general election after the coming into force of section 1 would overlap with the election period for a general election to be held under subsection 56.1(2) or section 56.2 of the Canada Elections Act, the period during which the members referred to in subsection (1) continue in office as members of the Legislative Assembly may be extended until five years from the date fixed for the return of the writs at the last general election under the former Act, but the Commissioner may dissolve the Legislative Assembly before then.

Marginal note:Speaker

66 The Speaker, elected under subsection 12(1) of the former Act, who is in office immediately before the coming into force of section 1 continues in office.

Marginal note:Judges

• 67 (1) Judges, appointed under section 32 of the former Act, who are in office immediately before the coming into force of section 1 continue in office.

• Marginal note:Deputy judges

  (2) Deputy judges, appointed under subsection 35(1) of the former Act, who are in office immediately before the coming into force of section 1 continue in office.

Marginal note:Definitions

68 The following definitions apply in sections 69 to 71, 73 and 74.

encumbering right

encumbering right means a right referred to in section 7(94) of the Inuvialuit Final Agreement, an interest referred to in section 18.5 of the Gwich’in Agreement, section 19.5 of the Sahtu Agreement or section 18.6 of the Tlicho Agreement or a similar right or interest referred to in another settlement agreement. (charge)

existing interest

existing interest means

• (a) a right or interest that exists — immediately before the coming into force of section 1 — under an Act of Parliament that is repealed or rendered inapplicable to such a right or interest by an Act of Parliament that implements the Agreement;

• (b) a right or interest that exists — immediately before that coming into force — under an access order, a permit, licence or other authorization, a lease or an agreement for lease or sale that is issued, granted or otherwise obtained under an Act of Parliament that is repealed or rendered inapplicable to such a right or interest by an Act of Parliament that implements the Agreement;

• (c) a right or interest that exists immediately before that coming into force under a licence — as defined in section 51 of the Mackenzie Valley Resource Management Act as it read immediately before that coming into force — other than a licence that is in relation to a federal area as defined in section 51 of the Mackenzie Valley Resource Management Act;

• (d) a right or interest that is a renewal, replacement or successor of a right or interest referred to in paragraph (a), (b) or (c) if a right to that renewal, replacement or successor exists immediately before that coming into force; or

• (e) a licence that

  • (i) is valid immediately before the coming into force of section 1 and the giving of which was subject to the Federal Real Property and Federal Immovables Act, or

  • (ii) is a renewal, replacement or successor of such a licence if a right to that renewal, replacement or successor exists immediately before that coming into force.

For greater certainty, it includes a right or interest referred to in paragraph (a), (b), (c), (d) or (e) that is an encumbering right, as well as an interest referred to in subsection 117.2(1) of the Canada Petroleum Resources Act that is in respect of the portion of those lands situated in the onshore. (intérêt existant)