GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Mackenzie Valley Resource Management Act — M-0.2 24.1
Coordination 24.1 A board shall coordinate its activities, including hearings, with the activities of (a) other boards; (b) departments and agencies of the federal government that have responsibility for the administration, management and control of parks to which the Canada National Parks Act applies or lands acquired pursuant to the Historic Sites and Monuments Act ; (c) committees established under any of the land claim agreements for the management of parks to which the Canada National Parks Act applies; (d) committees, or similar bodies, established for the management of protected areas as defined in any of the land claim agreements; (e) renewable resources boards established under any of the land claim agreements; and (f) land use planning bodies established for Wekeezhii or any part of Wekeezhii. 2005, c. 1, s. 26; 2014, c. 2, s. 126(F)
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Judicial powers of a board 25 In proceedings before a board established under Part 3, 4 or 5, the board has the powers, rights and privileges of a superior court with respect to the attendance and examination of witnesses and the production and inspection of documents.
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Annual budget 26 (1) A board shall in each year submit for the consideration of the federal Minister an operating budget for the following fiscal year. Accounts (2) A board shall maintain books of account and related records in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor. Consolidated financial statements (3) A board shall annually prepare consolidated financial statements in accordance with the accounting principles referred to in subsection (2) and shall include in them such supporting information or statements as are required. Audit (4) The accounts, financial statements and financial transactions of a board may be audited by the Auditor General of Canada, who shall make a report of the audit to the board, which shall transmit the report to the federal Minister. Funding (5) The federal Minister may establish funding arrangements with each board specifying the manner in which funding will be made available pursuant to a budget approved by the federal Minister. 1998, c. 25, s. 26; 2017, c. 26, s. 62
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Payment of fees 27 Fees paid pursuant to any provision of this Act or the regulations shall be deposited to the credit of the Receiver General.
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Annual report 28 (1) A board shall, within three months after the end of each fiscal year, submit to the federal Minister, in such form as the Minister may specify, a report on the activities of the board in that year including its financial statements for the year. Publication (2) The federal Minister shall make the annual report of a board available to the public.
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By-laws 29 A board may make by-laws respecting the conduct and management of its internal administrative affairs, including by-laws providing for the maintenance at its office of the minutes of its meetings.
Mackenzie Valley Resource Management Act — M-0.2 30
Rules 30 (1) Subject to any other provisions of this Act, a board may make rules (a) respecting its practice and procedure in relation to applications to the board and their disposition, including the service of documents, the imposition of reasonable time limits and the submission of comments by the public; and (b) for preventing trade secrets and information described in section 20 of the Access to Information Act from being disclosed or made public as a result of their being used as evidence before the board, including rules providing for hearings to be held in private. Publication of notice (2) Before making rules under this section, a board shall publish notice of its intention in the Canada Gazette and in a newspaper circulated in the Mackenzie Valley, inviting interested persons to submit written representations to the board with respect to the proposed rules within thirty days after the publication of notice. No further notice (3) Where notice is published under subsection (2), further notice need not be published if the proposed rules are amended solely in response to representations submitted to the board.
Mackenzie Valley Resource Management Act — M-0.2 31
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) or 83(1), (2) or (2.1), directions under section 106, policy directions under section 109 or 109.1 or subsection 142.2(1) or guidelines under section 120. Notice in Canada Gazette (2) A notice shall be published in the Canada Gazette immediately after policy directions are received by a board, a land use plan or amendment thereto is approved, or any other instrument referred to in subsection (1) is made or issued, stating that copies thereof are available to the public at the main office of the board and at such other locations as the board considers appropriate. Statutory Instruments Act (3) For greater certainty, licences and permits issued by a board under Part 3 or 4, either before or after the coming into force of this subsection, as enacted by subsection 128(3) of the Northwest Territories Devolution Act , are not statutory instruments as defined in the Statutory Instruments Act . 1998, c. 25, s. 31; 2005, c. 1, s. 27; 2014, c. 2, s. 128; 2015, c. 24, s. 28
Mackenzie Valley Resource Management Act — M-0.2 32
Exclusive original jurisdiction 32 Despite section 18 of the Federal Courts Act , the Supreme Court of the Northwest Territories has exclusive original jurisdiction to hear and determine an application for any relief against a board by way of an injunction or declaration or by way of an order in the nature of certiorari , mandamus , quo warranto or prohibition by the Attorney General of Canada, the Attorney General of the Northwest Territories or anyone directly affected by the matter in respect of which relief is sought. 1998, c. 25, s. 32; 2002, c. 8, s. 182; 2005, c. 1, s. 28; 2014, c. 2, s. 129
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Definition of planning board 33 In this Part, planning board means the Gwich’in Land Use Planning Board or the Sahtu Land Use Planning Board established by sections 36 and 38, respectively.
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Application of Part 2 34 Subject to subsection 46(2), this Part does not apply in respect of lands in a settlement area that comprise a park to which the Canada National Parks Act applies, that have been acquired pursuant to the Historic Sites and Monuments Act or that are situated within the boundaries of a local government. 1998, c. 25, s. 34; 2000, c. 32, s. 51
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Guiding principles 35 Land use planning for a settlement area shall be guided by the following principles: (a) the purpose of land use planning is to protect and promote the social, cultural and economic well-being of residents and communities in the settlement area, having regard to the interests of all Canadians; (b) special attention shall be devoted to the rights of the Gwich’in and Sahtu First Nations under their land claim agreements, to protecting and promoting their social, cultural and economic well-being and to the lands used by them for wildlife harvesting and other resource uses; and (c) land use planning must involve the participation of the first nation and of residents and communities in the settlement area.
Mackenzie Valley Resource Management Act — M-0.2 36
Board established 36 (1) There is hereby established, in respect of the settlement area referred to in the Gwich’in Agreement, a board to be known as the Gwich’in Land Use Planning Board. Membership (2) The Board shall consist of five members including, apart from the chairperson, two members appointed on the nomination of the Gwich’in First Nation and one member appointed on the nomination of the territorial Minister. Quorum (3) A quorum of the Board consists of three members, including one of the members appointed on the nomination of the Gwich’in First Nation and one of the members not so appointed other than the chairperson.
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Main office 37 The main office of the Board shall be located in the settlement area referred to in the Gwich’in Agreement.
Mackenzie Valley Resource Management Act — M-0.2 38
Board established 38 (1) There is hereby established, in respect of the settlement area referred to in the Sahtu Agreement, a board to be known as the Sahtu Land Use Planning Board. Membership (2) The Board shall consist of five members including, apart from the chairperson, two members appointed on the nomination of the Sahtu First Nation and one member appointed on the nomination of the territorial Minister. Quorum (3) A quorum of the Board consists of three members, including one of the members appointed on the nomination of the Sahtu First Nation and one of the members not so appointed other than the chairperson.
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Main office 39 The main office of the Board shall be located in the settlement area referred to in the Sahtu Agreement.
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Objectives and other factors 40 The planning board for a settlement area shall, after consultation with the federal Minister, the territorial Minister and the first nation of the settlement area, determine the objectives to be considered and the other factors to be taken into account in the preparation of a land use plan for the settlement area.
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Preparation of land use plan 41 (1) A planning board shall prepare and adopt a land use plan for submission and approval under section 43. Purpose of land use plan (2) A land use plan shall provide for the conservation, development and use of land, waters and other resources in a settlement area. Contents of land use plan (3) A land use plan may include (a) maps, diagrams and other graphic materials; (b) written statements, policies, guidelines and forecasts; (c) descriptions of permitted and prohibited uses of land, waters and resources; (d) authority for the planning board to make exceptions to the plan and the manner of exercising that authority; and (e) any other information that the planning board considers appropriate. Settlement lands (4) A planning board shall take into consideration a land use plan proposed by the first nation for its settlement lands in the settlement area, and may incorporate that plan into the land use plan for the settlement area.
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Public notice 42 (1) A planning board shall publish in the settlement area and in adjoining settlement areas in the Mackenzie Valley a notice inviting interested persons to examine at specified times and places a draft of the land use plan prepared by it. Public hearings (2) A planning board may hold public hearings in relation to a proposed land use plan after publishing in the settlement area and in adjoining settlement areas in the Mackenzie Valley a notice specifying the times and places of the hearings and the procedure to be followed. 1998, c. 25, s. 42; 2014, c. 2, s. 130(F)
Mackenzie Valley Resource Management Act — M-0.2 43
Submission to first nation and Ministers 43 (1) Following the adoption of a land use plan, the planning board shall submit it to the first nation of the settlement area, the territorial Minister and the federal Minister. Approval by first nation (2) Where a first nation approves a land use plan, it shall notify the federal Minister and the territorial Minister in writing of the approval. Territorial approval (3) On being notified pursuant to subsection (2), the territorial Minister may approve the land use plan, and in that case shall notify the first nation and the federal Minister in writing. Federal approval (4) On being notified under subsections (2) and (3), the federal Minister may approve the land use plan, which takes effect on the date of its approval by the federal Minister. Objections to plan (5) Where a party to which a land use plan is submitted does not approve the plan, that party shall notify the other parties and the planning board, in writing, of the reasons for not approving the plan. Reconsideration of plan (6) After a planning board has considered any reasons provided to it under subsection (5) and made any modifications to the land use plan that it considers desirable, it shall submit the plan for approval as provided in subsection (1).
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Functions after plan approval 44 Subsequent to the approval of a land use plan, a planning board shall (a) monitor the implementation of the plan; and (b) where so authorized by the plan, consider applications for exceptions to the plan.
Mackenzie Valley Resource Management Act — M-0.2 45
Cooperative planning 45 (1) The planning board for a settlement area may cooperate with any body responsible for land use planning in any other area, either within or outside the Northwest Territories, that is adjacent to the settlement area. Joint land use plans (2) A planning board may, in conjunction with a body referred to in subsection (1), prepare a land use plan for the settlement area and an adjacent area of the Mackenzie Valley, which shall be subject to the requirements of this Part in respect of the portion of the plan relating to the settlement area.
Mackenzie Valley Resource Management Act — M-0.2 46
First nations, governments and licensing bodies 46 (1) The Gwich’in and Sahtu First Nations, departments and agencies of the federal and territorial governments, and every body having authority under any federal or territorial law to issue licences, permits or other authorizations relating to the use of land or waters or the deposit of waste, shall carry out their powers in accordance with the land use plan applicable in a settlement area. National parks and historic sites (2) In particular, measures carried out by a department or agency of government leading to the establishment of a park subject to the Canada National Parks Act , and the acquisition of lands pursuant to the Historic Sites and Monuments Act , in a settlement area shall be carried out in accordance with the applicable land use plan. 1998, c. 25, s. 46; 2000, c. 32, s. 52
Mackenzie Valley Resource Management Act — M-0.2 47
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. 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. 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). Final decision (4) Subject to section 32, a decision of a planning board under this section is final and binding.
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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. 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.
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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. 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.
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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.
Mackenzie Valley Resource Management Act — M-0.2 50.1
Minister’s policy directions to board 50.1 (1) The federal Minister may, after consultation with a planning board, give written policy directions that are binding on the planning board with respect to the exercise of any of its functions under this Act. Limitation (2) Policy directions do not apply in respect of an application referred to in paragraph 44(b), a referral or application under subsection 47(1) or a proposed amendment to a land use plan under subsection 48(1) that, at the time the directions are given, is before the planning board. Conflict (3) If there is a conflict between the policy directions given 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. 2014, c. 2, s. 131
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part of a process of degradation or alteration of the quality of that other water to which it is added. It includes (a) any substance or water that is deemed, under subsection 2(2) of the Canada Water Act , to be waste; (b) any substance or class of substances prescribed by regulations made under subparagraph 90.3(1)(b)(i); (c) water that contains any substance or class of substances in a quantity or concentration that is equal to or greater than a quantity or concentration prescribed in respect of that substance or class of substances by regulations made under subparagraph 90.3(1)(b)(ii); and (d) water that has been subjected to a treatment, process or change prescribed by regulations made under subparagraph 90.3(1)(b)(iii). ( déchet ) waste site has the same meaning as Waste Site in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013. ( décharge publique ) 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. ( autorité de gestion des eaux ) water management area means a water management area established by the Governor in Council by regulations made under subparagraph 90.3(1)(a)(i). ( zone de gestion des eaux ) waters means any inland waters, whether in a liquid or frozen state, on or below the surface of land. ( eaux ) 1998, c. 15, s. 48, c. 25, s. 51; 2005, c. 1, s. 29; 2014, c. 2, s. 132
Mackenzie Valley Resource Management Act — M-0.2
appurtenant undertaking means the work described in a licence. ( entreprise en cause )
Mackenzie Valley Resource Management Act — M-0.2
authorized user means a person who uses waters without a licence but under the authority of regulations made under paragraph 90.3(1)(m). ( usager agréé )
Mackenzie Valley Resource Management Act — M-0.2
authorized waste depositor means a person who deposits waste without a licence but under the authority of regulations made under paragraph 90.3(1)(n). ( personne autorisée à déposer des déchets )
Mackenzie Valley Resource Management Act — M-0.2
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. ( office )
Mackenzie Valley Resource Management Act — M-0.2 (a)
domestic user means a person who uses waters (a) for household requirements, including sanitation and fire prevention; (b) for the watering of domestic animals; or (c) for the irrigation of a garden adjoining a dwelling-house that is not ordinarily used in the growth of produce for a market. ( usager domestique )
Mackenzie Valley Resource Management Act — M-0.2
federal area means any lands under the administration and control of a minister of the Government of Canada and any land on which is situated a waste site for which the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — is the responsibility of the Government of Canada. ( zone fédérale )
Mackenzie Valley Resource Management Act — M-0.2 (a)
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. ( terres d’une première nation )
Mackenzie Valley Resource Management Act — M-0.2
instream user means a person who uses waters, otherwise than as described in paragraph (a), (b) or (c) of the definition use , to earn income or for subsistence purposes. ( usager ordinaire )
Mackenzie Valley Resource Management Act — M-0.2
land means the surface of land. ( terres )
Mackenzie Valley Resource Management Act — M-0.2 (a)
licence means (a) with respect to a federal area, a type A or type B licence permitting the use of waters or the deposit of waste, or both, issued by a board under this Part; or (b) with respect to lands outside a federal area, a type A or type B licence, or any other licence relating to the use of waters or the deposit of waste, or both, issued by a board under this Part in accordance with any territorial law. ( permis d’utilisation des eaux )
Mackenzie Valley Resource Management Act — M-0.2 (a)
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. ( zone de gestion )
Mackenzie Valley Resource Management Act — M-0.2
permit means a permit for the use of land issued by a board under this Part, and “permittee” has a corresponding meaning. ( permis d’utilisation des terres )
Mackenzie Valley Resource Management Act — M-0.2 (a)
use , in relation to waters, means a direct or indirect use of any kind other than a use connected with shipping activities that are governed by the Canada Shipping Act, 2001 , including (a) any diversion or obstruction of waters; (b) any alteration of the flow of waters; and (c) any alteration of the bed or banks of a river, stream, lake or other body of water, whether or not the body of water is seasonal. ( utilisation )