GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Mackenzie Valley Resource Management Act — M-0.2
deposit of waste means a deposit of waste in any waters in the Mackenzie Valley or 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 the Mackenzie Valley. ( dépôt de déchets )
Mackenzie Valley Resource Management Act — M-0.2 (a)
environment means the components of the Earth and includes (a) land, water and air, including all layers of the atmosphere; (b) all organic and inorganic matter and living organisms; and (c) the interacting natural systems that include components referred to in paragraphs (a) and (b). ( environnement )
Mackenzie Valley Resource Management Act — M-0.2
federal Minister means the Minister of Northern Affairs. ( ministre fédéral )
Mackenzie Valley Resource Management Act — M-0.2
first nation means the Gwich’in First Nation, the Sahtu First Nation or bodies representing other Dene or Metis of the North Slave, South Slave or Deh Cho region of the Mackenzie Valley, but does not include the Tlicho First Nation or the Tlicho Government. ( première nation )
Mackenzie Valley Resource Management Act — M-0.2
Gwich’in Agreement means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in as represented by the Gwich’in Tribal Council, signed on April 22, 1992 and approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act , as that Agreement is amended from time to time in accordance with its provisions. ( accord gwich’in )
Mackenzie Valley Resource Management Act — M-0.2
Gwich’in First Nation means the Gwich’in as represented by the Gwich’in Tribal Council referred to in the Gwich’in Agreement or by any successor to it. ( première nation des Gwich’in )
Mackenzie Valley Resource Management Act — M-0.2
harvesting , in relation to wildlife, means hunting, trapping or fishing activities carried on in conformity with a land claim agreement or, in respect of persons and places not subject to a land claim agreement, carried on pursuant to aboriginal or treaty rights. ( exploitation )
Mackenzie Valley Resource Management Act — M-0.2
heritage resources means archaeological or historic sites, burial sites, artifacts and other objects of historical, cultural or religious significance, and historical or cultural records. ( ressources patrimoniales )
Mackenzie Valley Resource Management Act — M-0.2
land claim agreement means the Gwich’in Agreement, the Sahtu Agreement or the Tlicho Agreement. ( accord de revendication )
Mackenzie Valley Resource Management Act — M-0.2
local government means any local government established under the laws of the Northwest Territories, including a city, town, village, hamlet, charter community, settlement or government of a Tlicho community, whether incorporated or not, and includes the territorial government in the case where it is acting in the place of that local government in accordance with those laws. It also includes the Déline Got’ine Government in the case where it is exercising the jurisdiction and authority set out in 9.1 of the Déline Agreement. ( administration locale )
Mackenzie Valley Resource Management Act — M-0.2
Mackenzie Valley means that part of the Northwest Territories bounded on the south by the 60th parallel of latitude, on the west by Yukon, on the north by the Inuvialuit Settlement Region, as defined in the Agreement given effect by the Western Arctic (Inuvialuit) Claims Settlement Act , and on the east by the Nunavut Settlement Area, as defined in the Nunavut Land Claims Agreement Act , but does not include Wood Buffalo National Park of Canada. ( vallée du Mackenzie )
Mackenzie Valley Resource Management Act — M-0.2
Monfwi Gogha De Niitlee means the area described in part 1 of the appendix to chapter 1 of the Tlicho Agreement. ( Monfwi gogha de niitlee )
Mackenzie Valley Resource Management Act — M-0.2
Sahtu Agreement means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Sahtu Dene and Metis as represented by the Sahtu Tribal Council, signed on September 6, 1993 and approved, given effect and declared valid by the Sahtu Dene and Metis Land Claim Settlement Act , as that Agreement is amended from time to time in accordance with its provisions. ( accord du Sahtu )
Mackenzie Valley Resource Management Act — M-0.2
Sahtu First Nation means the Sahtu Dene and Metis as represented by The Sahtu Secretariat Incorporated, a corporation without share capital under Part II of the Canada Corporations Act , R.S.C. 1970, c. C-32, being the successor, for the purposes of this Act, to the Sahtu Tribal Council referred to in the Sahtu Agreement, or by any successor to that corporation. It also includes the Déline Got’ine Government in the case where The Sahtu Secretariat Incorporated or its successor has made a delegation or assignment to that government of any powers and functions conferred under this Act. ( première nation du Sahtu )
Mackenzie Valley Resource Management Act — M-0.2
settlement area means the area described in appendix A to the Gwich’in Agreement or in appendix A to the Sahtu Agreement. ( région désignée )
Mackenzie Valley Resource Management Act — M-0.2
settlement lands means lands referred to as settlement lands in the Gwich’in Agreement or the Sahtu Agreement. ( terres désignées )
Mackenzie Valley Resource Management Act — M-0.2
territorial government means the government of the Northwest Territories. ( gouvernement territorial )
Mackenzie Valley Resource Management Act — M-0.2
territorial law means any law of the Legislature of the Northwest Territories. ( règle de droit territoriale )
Mackenzie Valley Resource Management Act — M-0.2
territorial Minister , in relation to any provision of this Act, means the minister of the territorial government designated by instrument of the Executive Council of the Northwest Territories for the purposes of that provision. ( ministre territorial )
Mackenzie Valley Resource Management Act — M-0.2
Tlicho Agreement means the Land Claims and Self-Government Agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, signed on August 25, 2003 and approved, given effect and declared valid by the Tlicho Land Claims and Self-Government Act , as that Agreement is amended from time to time in accordance with its provisions. ( accord tlicho )
Mackenzie Valley Resource Management Act — M-0.2
Tlicho citizen means a person whose name is on the Register as defined in chapter 1 of the Tlicho Agreement. ( citoyen tlicho )
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Tlicho community means a community for which a community government is established in accordance with chapter 8 of the Tlicho Agreement. ( collectivité tlicho )
Mackenzie Valley Resource Management Act — M-0.2
Tlicho First Nation means the aboriginal people of Canada to whom section 35 of the Constitution Act, 1982 applies, consisting of all Tlicho citizens. ( première nation tlicho )
Mackenzie Valley Resource Management Act — M-0.2
Tlicho Government means the government of the Tlicho First Nation established in accord­ance with chapter 7 of the Tlicho Agreement. ( gouvernement tlicho )
Mackenzie Valley Resource Management Act — M-0.2
Tlicho lands means Tlicho lands as defined in chapter 1 of the Tlicho Agreement. ( terres tlichos )
Mackenzie Valley Resource Management Act — M-0.2
Tlicho law means a law enacted by the Tlicho Government. ( loi tlicho )
Mackenzie Valley Resource Management Act — M-0.2
Wekeezhii means the area described in part 2 of the appendix to chapter 1 of the Tlicho Agreement. ( Wekeezhii )
Mackenzie Valley Resource Management Act — M-0.2 3
Consultation 3 Wherever in this Act reference is made, in relation to any matter, to a power or duty to consult, that power or duty shall be exercised (a) by providing, to the party to be consulted, (i) notice of the matter in sufficient form and detail to allow the party to prepare its views on the matter, (ii) a reasonable period for the party to prepare those views, and (iii) an opportunity to present those views to the party having the power or duty to consult; and (b) by considering, fully and impartially, any views so presented.
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Delegation 4 (1) The federal Minister may delegate, in writing, any of his or her powers, duties or functions under this Act — either generally or as otherwise provided in the instrument of delegation — to the minister of the Northwest Territories designated by the Commissioner of the Northwest Territories for the purposes of this section. Included functions (2) The functions of the federal Minister referred to in subsection (1) include the power to delegate duties pursuant to section 122. Delegation to aboriginal organizations (3) A first nation may, in conformity with its land claim agreement, delegate any of the functions of the first nation under this Act to an aboriginal organization designated by it. Delegation by Tlicho Government (4) The Tlicho Government may, in conformity with the Tlicho Agreement, delegate any of its functions under this Act to (a) a body or office established by a Tlicho law; (b) any department, agency or office of the federal or the territorial government; (c) a board or other public body established by or under an Act of Parliament or by a territorial law; or (d) a local government. Delegation by Déline Got’ine Government (5) The Déline Got’ine Government may, in conformity with the Déline Agreement, delegate any of its functions under this Act to (a) a body or office established by a Déline law; (b) a department, agency or office of the federal or the territorial government; (c) a board or other public body established by or under an Act of Parliament or by a territorial law; or (d) any other entity. 1998, c. 25, s. 4; 2005, c. 1, s. 16; 2014, c. 2, s. 114; 2015, c. 24, s. 23
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Conflict 5 (1) If there is any inconsistency or conflict between this Act and a land claim agreement, the Déline Agreement, an Act giving effect to any of those agreements or the Indian Act , then the land claim agreement, the Déline Agreement, the Act or the Indian Act prevails over this Act to the extent of the inconsistency or conflict. Rights of Indigenous peoples (2) This Act is to be construed as upholding the Aboriginal and treaty rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 , and not as abrogating or derogating from them. Indigenous peoples (3) For the purposes of subsection (2), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . 1998, c. 25, s. 5; 2015, c. 24, s. 24 2024, c. 30, s. 17
Mackenzie Valley Resource Management Act — M-0.2 5.1
Agreement between Tlicho Government and another aboriginal people 5.1 The rights of the Tlicho First Nation, Tlicho citizens and the Tlicho Government under this Act are subject to the provisions of any agreement entered into between the Tlicho Government and an aboriginal people, other than the Tlicho First Nation, under 2.7.3 of chapter 2 of the Tlicho Agreement. 2005, c. 1, s. 17
Mackenzie Valley Resource Management Act — M-0.2 5.2
Time limits 5.2 (1) The failure of any of the following to exercise a power or perform a duty or function within a period or time limit fixed or prescribed under this Act does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise of such a power or the performance of such duty or function: (a) the federal Minister; (b) the Gwich’in Land Use Planning Board; (c) the Sahtu Land Use Planning Board; (d) the Gwich’in Land and Water Board; (e) the Sahtu Land and Water Board; (f) the Wekeezhii Land and Water Board; (g) the Mackenzie Valley Land and Water Board; (h) a responsible minister, as defined in section 111; (i) the Mackenzie Valley Environmental Impact Review Board or one of its panels; (j) a joint panel established under subsection 140(2) or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 40(2) of the Impact Assessment Act ; and (k) a designated regulatory agency, as defined in section 111. Exception (2) Subsection (1) does not apply with respect to (a) the periods fixed by regulations referred to in subsections 138.1(2), (3) and (4) and 141(4); and (b) any other period or time limit fixed by regulations that is exempted from the application of subsection (1) by regulation. Regulations (3) The Governor in Council may, by regulation, exempt a period or time limit set out in the regulations, other than those referred to in paragraph 2(a), from the application of subsection (1). 2014, c. 2, s. 115 2019, c. 28, s. 164
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Application 6 Except where otherwise provided, this Act applies in the Mackenzie Valley.
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Application to Her Majesty 7 This Act is binding on Her Majesty in right of Canada or a province, except that Her Majesty in right of Canada is not required to pay any fee prescribed by regulations made under paragraph 90.3(1)(k) or subparagraph 90.3(2)(a)(i). 1998, c. 25, s. 7; 2014, c. 2, s. 116
Mackenzie Valley Resource Management Act — M-0.2 7.1
Waters vested in Her Majesty 7.1 Subject to any rights, powers or privileges granted or preserved under the Dominion Water Power Act , the property in and the right to the use and flow of all waters are vested in Her Majesty in right of Canada. 2014, c. 2, s. 116
Mackenzie Valley Resource Management Act — M-0.2 7.2
Other Acts, etc., to be complied with 7.2 For greater certainty, nothing in this Act, the regulations or a licence or permit, as defined in section 51, authorizes a person to contravene or fail to comply with any other Act or any regulation or order made under it, except as provided in that other Act, regulation or order. 2014, c. 2, s. 116
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Consultation 8 (1) The federal Minister shall consult the first nations, the Tlicho Government and the Déline Got’ine Government with respect to the amendment of this Act. Review of Act (2) The federal Minister shall, in the course of any negotiations with a first nation relating to self-government, review the pertinent provisions of this Act in consultation with that first nation. 1998, c. 25, s. 8; 2005, c. 1, s. 18; 2015, c. 24, s. 25
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Definition of board 9 In this Part, board means any board established by this Act.
Mackenzie Valley Resource Management Act — M-0.2 9.1
Purpose 9.1 The purpose of the establishment of boards by this Act is to enable residents of the Mackenzie Valley to participate in the management of its resources for the benefit of the residents and of other Canadians.
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Capacity 10 A board has, for the purposes of its functions, the capacity, rights, powers and privileges of a natural person.
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Appointment of members by federal Minister 11 (1) The members of a board — other than the chairperson, any members appointed pursuant to a determination under section 15 and any members appointed by the Tlicho Government under subsection 57.1(2) or in accordance with an agreement referred to in that subsection — shall be appointed by the federal Minister in accordance with Parts 2 to 5. Alternate members (2) Except in the case of the Wekeezhii Land and Water Board, the federal Minister may appoint (a) alternate members selected from persons nominated for that purpose by a first nation, or selected following consultation with first nations, to act in the event of the absence or incapacity of members appointed on such nomination or following such consultation, respectively; and (b) alternate members agreed to by the territorial Minister to act in the event of the absence or incapacity of members other than members referred to in paragraph (a). 1998, c. 25, s. 11; 2005, c. 1, s. 19
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Chairperson 12 (1) Except in the case of the Wekeezhii Land and Water Board, the chairperson of a board shall be appointed by the federal Minister from persons nominated by a majority of the members. Appointment by federal Minister (2) Except in the case of the Wekeezhii Land and Water Board, if a majority of the members does not nominate a person acceptable to the federal Minister within a reasonable time, the Minister may appoint any person as chairperson of the board. Wekeezhii Land and Water Board (2.1) The chairperson of the Wekeezhii Land and Water Board shall be appointed jointly by the federal Minister and the Tlicho Government on the nomination of the members of the Board other than the chairperson. Absence or incapacity of chairperson (3) The board may designate a member to act as its chairperson during the absence or incapacity of the chairperson or a vacancy in the office of chairperson, and that person while so acting may exercise the powers and shall perform the duties of the chairperson. 1998, c. 25, s. 12; 2005, c. 1, s. 20
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Duties of chairperson 13 The chairperson of a board is its chief executive officer and has the powers and duties prescribed by the by-laws of the board.
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Term of office 14 (1) A member of a board holds office for a term of three years. Reappointment (2) A member may be reappointed in the same or another capacity. Removal by federal Minister after consultation (3) A member who has been appointed by the federal Minister may not be removed from office except after consultation by the federal Minister with the board and, where applicable, with the territorial Minister, the first nation or the Tlicho Government that nominated the member. Removal by Tlicho Government after consultation (4) A member of the Wekeezhii Land and Water Board who has been appointed by the Tlicho Government may not be removed from office except after consultation by the Tlicho Government with the Board and the federal Minister. 1998, c. 25, s. 14; 2005, c. 1, s. 21
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Implementation of right of representation of other Aboriginal peoples 15 Despite any provision of this Act respecting members of a board, if an Aboriginal people has a right under a land claim agreement to representation on that board in relation to a decision of the board that might affect an area used by that Aboriginal people that is outside the board’s area of jurisdiction, the board shall, in accordance with that land claim agreement, determine how to implement that right, so long as the number of members who are either nominated by a first nation, nominated or appointed by the Tlicho Government or appointed following consultation by the federal Minister with the first nations of the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii, as the case may be, and who are temporarily appointed to implement that right remains equal to the number of other members not including the chairperson. 1998, c. 25, s. 15; 2005, c. 1, s. 22 2019, c. 19, s. 2
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Conflict of interest 16 (1) A member of a board may not act in relation to an application to the board or participate in a decision of the board that would place the member in a material conflict of interest. Status or entitlements under agreement (2) A member of a board is not placed in a material conflict of interest merely because of any status or entitlement conferred on the member 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. 1998, c. 25, s. 16; 2005, c. 1, s. 23; 2015, c. 24, s. 26
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Remuneration 17 (1) Members of a board, including any members appointed in accordance with a determination under section 15, shall be paid the fees or other remuneration that the federal Minister may fix. Expenses (2) Such members shall be paid such travel and living expenses, incurred by them while absent from their ordinary place of residence in the course of performing their duties, as are consistent with directives of the Treasury Board. 1998, c. 25, s. 17; 2005, c. 1, s. 24; 2014, c. 2, s. 123
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Staff 18 (1) A board may employ such persons and engage the services of such agents, advisers and experts as are necessary for the proper conduct of its business and may fix the conditions of their employment or engagement and pay their remuneration. Sharing of staff and facilities (2) The boards may share staff and facilities with one another for the effective and efficient conduct of their affairs.
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Benefits 19 The members of a board and its employees are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act . 1998, c. 25, s. 19; 2003, c. 22, s. 224(E)
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Protection from personal liability 20 The members and employees of a board are not liable for anything done or omitted to be done in good faith in the exercise or performance or purported exercise or performance of any powers, duties or functions under this Act. 1998, c. 25, s. 20; 2014, c. 2, s. 124
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Decision by majority 21 (1) A decision of a majority of the members of a board present at a meeting is a decision of the board. Participation by telephone (2) Subject to the by-laws of a board, any member may participate in a meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed to be present at the meeting.
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Government information 22 Subject to any other federal or territorial law and to any Tlicho law or Déline law, a board may obtain from any department or agency of the federal or territorial government, the Tlicho Government or the Déline Got’ine Government any information in the possession of the department, agency, Tlicho Government or Déline Got’ine Government that the board requires for the performance of its functions. 1998, c. 25, s. 22; 2005, c. 1, s. 25; 2015, c. 24, s. 27
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Enforcement of orders 23 A decision or order of a board may be made an order of the Supreme Court of the Northwest Territories by the filing of a certified copy of it with the registrar of the Court, and a decision or order so filed is enforceable in the same manner as an order of that Court.
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Hearings 24 In addition to hearings that a board is authorized or required to hold under this Act, a board may conduct any hearings that it considers to be desirable for the purpose of carrying out any of its functions. 1998, c. 25, s. 24; 2005, c. 1, s. 26; 2014, c. 2, s. 125(F)