GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Mackenzie Valley Resource Management Act — M-0.2 (a)
waste means any substance that would, to an extent that is detrimental to its use by people or by any animal, fish or plant, degrade or alter or form part of a process of degradation or alteration of the quality of any water to which it is added. Alternatively, it means any water that contains a substance in such a quantity or concentration or that has been so treated, processed or changed, by heat or other means, that it would, if added to any other water, degrade or alter or form 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 )
Mackenzie Valley Resource Management Act — M-0.2
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 )
Mackenzie Valley Resource Management Act — M-0.2
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 )
Mackenzie Valley Resource Management Act — M-0.2
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 )
Mackenzie Valley Resource Management Act — M-0.2
waters means any inland waters, whether in a liquid or frozen state, on or below the surface of land. ( eaux )
Mackenzie Valley Resource Management Act — M-0.2 52
National parks and historic sites 52 (1) This Part, except sections 78, 79, 79.2 and 79.3, does not apply in respect of the use of land or waters or the deposit of waste within a park to which the Canada National Parks Act applies or within lands acquired pursuant to the Historic Sites and Monuments Act . Consultation with board (2) Notwithstanding subsection (1), an authority responsible for authorizing uses of land or waters or deposits of waste in a portion of a management area excluded by that subsection from the application of this Part shall consult the board established for that management area before authorizing any such use or deposit. Consultation with authority (3) A board shall consult a responsible authority referred to in subsection (2) before issuing a licence, permit or authorization for a use of land or waters or deposit of waste that may have an effect in the portion of the management area in which the authority is responsible. 1998, c. 25, s. 52; 2000, c. 32, s. 53; 2005, c. 1, s. 30
Mackenzie Valley Resource Management Act — M-0.2 53
Local government 53 (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. Agreement (2) The board established for a settlement area 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). 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.
Mackenzie Valley Resource Management Act — M-0.2 53.1
Federal area — addition 53.1 (1) If the Government of Canada becomes responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the board in writing of the lands on which the waste site is situated. Federal area — deletion (2) If the Government of Canada ceases to be responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the board in writing. 2014, c. 2, s. 135
Mackenzie Valley Resource Management Act — M-0.2 54
Board established 54 (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 and Water 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.
Mackenzie Valley Resource Management Act — M-0.2 55
Main office 55 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 56
Board established 56 (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 and Water 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.
Mackenzie Valley Resource Management Act — M-0.2 57
Main office 57 The main office of the Board shall be located in the settlement area referred to in the Sahtu Agreement.
Mackenzie Valley Resource Management Act — M-0.2 57.1
Board established 57.1 (1) There is hereby established, in respect of Wekeezhii, a board to be known as the Wekeezhii Land and Water Board. Membership (2) The Board shall consist of five members including, apart from the chairperson, two members who, subject to any agreement between the Tlicho Government and an aboriginal people of Canada to whom section 35 of the Constitution Act, 1982 applies, other than the Tlicho First Nation, are appointed by the Tlicho Government and one member who is appointed on the nomination of the territorial Minister. Consultation (3) The federal Minister and the Tlicho Government shall consult each other before making their appointments. Quorum (4) A quorum of the Board consists of three members, or any larger number that is determined by the Board, including one of the members appointed by the Tlicho Government or in accordance with any agreement referred to in subsection (2) and one of the members appointed by the federal Minister, other than the chairperson. 2005, c. 1, s. 31
Mackenzie Valley Resource Management Act — M-0.2 57.2
Main office 57.2 The main office of the Board shall be located in Wekeezhii. 2005, c. 1, s. 31
Mackenzie Valley Resource Management Act — M-0.2 57.3
Acting after expiry of term 57.3 (1) If the chairperson of a board is of the opinion that it is necessary for a member of that board to continue to act after the expiry of the 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. Request (2) The request shall be made at least two months before the day on which the member’s term expires. 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. 2019, c. 19, s. 3
Mackenzie Valley Resource Management Act — M-0.2 58
Objectives — Gwich’in and Sahtu Land and Water Boards 58 The Gwich’in Land and Water Board and the Sahtu Land and Water Board shall regulate the use of land and waters and the deposit of waste so as 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 their respective management areas and of the Mackenzie Valley and for all Canadians. 1998, c. 25, s. 58; 2005, c. 1, s. 32
Mackenzie Valley Resource Management Act — M-0.2 58.1
Objectives — Wekeezhii Land and Water Board 58.1 The Wekeezhii Land and Water Board shall regulate the use of land and waters and the deposit of waste so as 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. 2005, c. 1, s. 32
Mackenzie Valley Resource Management Act — M-0.2 59
Jurisdiction — land 59 (1) A board has jurisdiction in respect of all uses of land in its management area for which a permit is required under this Part and may, in accordance with the regulations, issue, amend, renew, suspend and cancel permits and authorizations for the use of land, and approve the assignment of permits. Subsurface rights (2) For greater certainty, the jurisdiction of a board under subsection (1) includes a use of land that is required for the exercise of subsurface rights. 1998, c. 25, s. 59; 2005, c. 1, s. 33
Mackenzie Valley Resource Management Act — M-0.2 60
Jurisdiction — water and waste in federal area 60 (1) A board has jurisdiction in respect of all uses of waters and deposits of waste in a federal area in its management area for which a licence is required under this Part and may, in accordance with the regulations, issue, amend, renew and cancel licences and approve the assignment of licences. Jurisdiction — water and waste outside federal area (1.1) A board has jurisdiction in respect of all uses of waters and deposits of waste on lands outside a federal area in its management area for which a licence is required under any territorial law and may, in accordance with that law, (a) issue, amend, renew, suspend and cancel licences and approve the assignment of licences; (b) include in a licence any conditions it considers appropriate; (c) determine the term of a licence; (d) determine the appropriate compensation to be paid by an applicant for a licence, or by a licensee who applies for an amendment or renewal of their licence, to persons who would be adversely affected by the proposed use of waters or deposit of waste; (e) require an applicant for a licence, a licensee or a prospective assignee of a licence to furnish and maintain security; and (f) on the request of a person who is subject to an order made by an inspector, review that order and confirm, vary or revoke it. Suspension power (2) A board may suspend a licence in respect of a federal area for a specified period, or until terms and conditions specified by it are complied with, if the licensee contravenes a provision of this Part or a term or condition of the licence. 1998, c. 15, s. 48, c. 25, s. 60; 2002, c. 10, s. 178; 2005, c. 1, s. 34; 2014, c. 2, ss. 110, 138, 139
Mackenzie Valley Resource Management Act — M-0.2 60.1
Considerations 60.1 In exercising its powers, a board shall consider (a) the importance of conservation to the well-being and way of life of the aboriginal peoples of Canada to whom section 35 of the Constitution Act, 1982 applies and who use an area of the Mackenzie Valley; and (b) any traditional knowledge and scientific information that is made available to it. 2005, c. 1, s. 35
Mackenzie Valley Resource Management Act — M-0.2 61
Conformity with land use plan — Gwich’in and Sahtu Boards 61 (1) The Gwich’in Land and Water Board and the Sahtu Land and Water Board may not issue, amend or renew a licence, permit or authorization except in accordance with an applicable land use plan under Part 2. Conformity with land use plan — Wekeezhii Board (2) The Wekeezhii Land and Water Board may not issue, amend or renew a licence, permit or authorization except in accordance with any land use plan, established under a federal, territorial or Tlicho law, that is applicable to any part of its management area. 1998, c. 25, s. 61; 2005, c. 1, s. 35
Mackenzie Valley Resource Management Act — M-0.2 61.1
Conformity with Tlicho laws — Wekeezhii Board 61.1 The Wekeezhii Land and Water Board may not exercise its discretionary powers relating to the use of Tlicho lands except in accordance with any Tlicho laws enacted under 7.4.2 of chapter 7 of the Tlicho Agreement. 2005, c. 1, s. 35
Mackenzie Valley Resource Management Act — M-0.2 62
Requirements of Part 5 62 A board may not issue a licence, permit or authorization for the carrying out of a proposed development within the meaning of Part 5 unless the requirements of that Part have been complied with, and every licence, permit or authorization so issued shall include any conditions that are required to be included in it pursuant to a decision made under that Part.
Mackenzie Valley Resource Management Act — M-0.2 63
Copies of applications 63 (1) A board shall provide a copy of each application made to the board for a licence or permit to the owner of any land to which the application relates and to appropriate departments and agencies of the federal and territorial governments. Notice of applications (2) A board shall notify affected communities and first nations of an application made to the board for a licence, permit or authorization and allow a reasonable period of time for them to make representations to the board with respect to the application. Notice to Tlicho Government (3) The Wekeezhii Land and Water Board shall notify the Tlicho Government of an application made to the Board for a licence, permit or authorization and allow a reasonable period of time for it to make representations to the Board with respect to the application. Consultation with Tlicho Government (4) The Wekeezhii Land and Water Board shall consult the Tlicho Government before issuing, amending or renewing any licence, permit or authorization for a use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters. Consultation with Déline Got’ine Government (5) The Sahtu Land and Water Board shall consult the Déline Got’ine Government before issuing, amending or renewing any licence, permit or authorization for a use of Déline lands or waters on those lands or a deposit of waste on those lands or in those waters. 1998, c. 25, s. 63; 2005, c. 1, s. 36; 2015, c. 24, s. 29
Mackenzie Valley Resource Management Act — M-0.2 64
Heritage resources 64 (1) A board shall seek and consider the advice of any affected first nation and, in the case of the Wekeezhii Land and Water Board, the Tlicho Government and any appropriate department or agency of the federal or territorial government respecting the presence of heritage resources that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit. Wildlife resources (2) A board shall seek and consider the advice of the renewable resources board established by the land claim agreement applicable in its management area respecting the presence of wildlife and wildlife habitat that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit. 1998, c. 25, s. 64; 2005, c. 1, s. 37
Mackenzie Valley Resource Management Act — M-0.2 65
Guidelines and policies — permits 65 (1) Subject to the regulations, a board may establish guidelines and policies respecting permits and other authorizations, including their issuance under this Part. Guidelines and policies — licences (2) Subject to the regulations and any territorial law, a board may establish guidelines and policies respecting licences, including their issuance under this Part. 1998, c. 25, s. 65; 2014, c. 2, s. 140
Mackenzie Valley Resource Management Act — M-0.2 66
Copies of licences and permits 66 A board shall provide the federal Minister with copies of licences, permits and authorizations issued under this Part and of decisions and orders relating to them.
Mackenzie Valley Resource Management Act — M-0.2 67
Final decision 67 Subject to sections 32 and 72.13, subsections 125(1.2) and (4) and any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of a board is final and binding. 1998, c. 25, s. 67; 2014, c. 2, s. 141 2019, c. 19, s. 4
Mackenzie Valley Resource Management Act — M-0.2 68
Public register 68 (1) A board shall maintain at its main office, in any form that is prescribed by the regulations, a register convenient for use by the public in which shall be entered, for each application received and each licence or permit issued, the information prescribed by the regulations. Register to be open to inspection (2) The register shall be open to inspection by any person during the board’s normal business hours, subject to the payment of any fee prescribed by the regulations. Copies of contents of register (3) A board shall, on request and on payment of any fee prescribed by the regulations, make available copies of information contained in the register. 1998, c. 25, s. 68; 2005, c. 1, s. 38; 2014, c. 2, s. 141
Mackenzie Valley Resource Management Act — M-0.2 69
Protection of the environment 69 Before issuing a permit for a use of land, a board shall, with respect to conditions of the permit for the protection of the environment, consult (a) the territorial Minister, in the case of land of which the Commissioner of the Northwest Territories has administration and control; (b) the minister of the Government of Canada having administration and control of the land in the case of any land under that minister’s administration and control; or (c) the owner of the land, in any other case. 1998, c. 25, s. 69; 2014, c. 2, s. 142
Mackenzie Valley Resource Management Act — M-0.2 70
Delegation to staff 70 A board may, by instrument of delegation, specify permits from among a class prescribed by the regulations that an employee of the Board named in the instrument may issue, amend or renew and whose assignment the employee may approve.
Mackenzie Valley Resource Management Act — M-0.2 71
Posting security 71 (1) A board may require, as a condition of a permit or as a condition of the assignment of a permit, the posting of security with the federal Minister in a form prescribed by the regulations or a form satisfactory to the federal Minister and in an amount specified in, or determined in accordance with, the regulations. Notice (2) The federal Minister shall notify a board of the posting of security so required. Application of security (3) Where damage to lands results from a permittee’s contravention of any provision of the regulations or a permit, the board may request of the federal Minister that all or part of the security posted by the permittee be applied toward the costs incurred in repairing the damage. Liability not limited (4) This section does not affect the liability of a permittee for any damages to land in excess of the amount of the posted security. Refund of security (5) The federal Minister shall, in accordance with the regulations, refund any part of the security posted by the permittee that is not applied pursuant to this Part.
Mackenzie Valley Resource Management Act — M-0.2 72
Use of waters 72 (1) Except as authorized under the Dominion Water Power Act , and subject to subsection (2), no person shall use, or permit the use of, waters in a federal area within a water management area except (a) in accordance with the conditions of a licence; or (b) as authorized by regulations made under paragraph 90.3(1)(m). Exemptions from application of subsection (1) (2) Subsection (1) does not apply in respect of the use of waters (a) by a domestic user; (b) by an instream user; or (c) for the purpose of extinguishing a fire or, in an emergency, controlling or preventing a flood. Duties in certain cases (3) If any person diverts waters for a purpose set out in paragraph (2)(c), the person shall, when the need for the diversion has ceased, discontinue the diversion and, in so far as possible, restore the original channel conditions. 1998, c. 25, s. 72; 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.01
Deposit of waste 72.01 (1) Except in accordance with the conditions of a licence or as authorized by regulations made under paragraph 90.3(1)(n), no person shall, subject to subsection (2), deposit or permit the deposit of waste in a federal area (a) in any waters in a water management area; or (b) in any other place under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter any waters in a water management area. Exception (2) Subsection (1) does not apply to the deposit of waste in waters that form part of a water quality management area designated under the Canada Water Act if the waste so deposited is of a type and quantity, and deposited under conditions, prescribed by regulations made by the Governor in Council under paragraph 18(2)(a) of that Act with respect to that water quality management area. Duty to report unlawful deposits of waste (3) If waste is deposited in contravention of this section, every person who owns the waste or has the charge, management or control of it — or who caused or contributed to the deposit — shall, without delay, in accordance with the regulations, if any, made under paragraph 90.3(1)(o), report the deposit to the person or authority designated under that paragraph or, if no such person or authority has been designated, to an inspector designated under subsection 84(1). 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.02
Exemption — Tlicho communities 72.02 Sections 72 and 72.01 do not apply in respect of a use of waters or a deposit of waste in a Tlicho community if the local government of that community has enacted a bylaw providing that a licence is not required for that type of use or deposit. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.03
 concessions, registered trapline holders, and holders of other rights of a similar nature; (c) any waste that would be produced by the appurtenant undertaking will be treated and disposed of in a manner that is appropriate for the maintenance of (i) water quality standards prescribed by regulations made under paragraph 90.3(1)(h) or, in the absence of such regulations, any water quality standards that the board considers acceptable, and (ii) effluent standards prescribed by regulations made under paragraph 90.3(1)(i) or, in the absence of such regulations, any effluent standards that the board considers acceptable; and (d) the financial responsibility of the applicant, taking into account the applicant’s past performance, is adequate for (i) the completion of the appurtenant undertaking, (ii) any mitigative measures that may be required, and (iii) the satisfactory maintenance and restoration of the site in the event of any future closing or abandonment of that undertaking. Factors in determining compensation (6) In determining the compensation that is appropriate for the purpose of paragraph (5)(b), the board shall consider all relevant factors, including (a) provable loss or damage; (b) potential loss or damage; (c) the extent and duration of the adverse effect, including the incremental adverse effect; (d) the extent of the use of waters by persons who would be adversely affected; and (e) nuisance, inconvenience and noise. 2014, c. 2, s. 145