GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Mackenzie Valley Resource Management Act — M-0.2 72.04
ulations made under paragraph 90.3(1)(j). Licence conditions deemed amended (7) If regulations referred to in subsection (3), (4), (5) or (6) are made or amended after the issuance of a licence in respect of a federal area, the conditions of the licence are deemed to be amended to the extent, if any, that is necessary to comply, or remain in compliance, with that subsection. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.05
Inuit-owned land 72.05 (1) A board shall not issue a licence in respect of a use of waters or a deposit of waste in a federal area that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, unless (a) the applicant has entered into an agreement with the designated Inuit organization to pay compensation for any loss or damage that may be caused by the alteration; or (b) if there is no agreement, (i) on the request of the applicant or the designated Inuit organization, the board has made a joint determination of the appropriate compensation with the Nunavut Water Board, or (ii) if the board and the Nunavut Water Board are unable to jointly determine compensation, a judge of the Nunavut Court of Justice has determined the compensation. Payment of compensation (2) The payment of compensation referred to in paragraph (1)(b) shall be a condition of the licence. Costs (3) Unless otherwise determined by the Nunavut Water Board, costs incurred by the designated Inuit organization as a result of a request referred to in subparagraph (1)(b)(i) shall be paid by the applicant. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.06
Negotiation to be in good faith 72.06 A board shall not consider a request referred to in subparagraph 72.05(1)(b)(i) unless the requester has negotiated in good faith and has been unable to reach an agreement. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.07
Factors in determining compensation 72.07 For the purpose of determining compensation under paragraph 72.05(1)(b), the following factors shall be taken into account: (a) the adverse effects of the alteration of the quality, quantity or flow of waters on Inuit-owned land; (b) the nuisance, inconvenience or disturbance, including noise, caused by the alteration; (c) the cumulative adverse effects of the alteration and of any existing uses of waters and deposits of waste; (d) the cultural attachment of Inuit to the affected Inuit-owned land, including waters; (e) the peculiar and special value of the affected Inuit-owned land, including waters; and (f) any interference with Inuit rights derived from the Agreement or otherwise. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.08
Periodic review and payment 72.08 Unless otherwise agreed by the designated Inuit organization and the applicant, a determination of compensation made under paragraph 72.05(1)(b) shall provide, having due regard to the nature and duration of the use of waters or deposit of waste, for the periodic review and periodic payment of that compensation. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.09
Interpretation 72.09 (1) In this section and sections 72.05 to 72.08, (a) Agreement , Inuit , Inuit-owned land , Makivik and Tunngavik have the same meanings as in subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act ; and (b) designated Inuit organization means (i) except in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, (A) Tunngavik, or (B) any organization designated in the public record maintained by Tunngavik under the Agreement as being responsible for the functions described under sections 20.3.1 and 20.4.1 of the Agreement, or (ii) in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, Makivik, acting jointly with the organization determined under subparagraph (i). Interpretation (2) For greater certainty, sections 72.05 to 72.08 apply in respect of a body of water that delineates a boundary between Inuit-owned land and other land and that body of water is not located entirely on Inuit-owned land. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.1
Application for licence 72.1 (1) An application for a licence shall be in the form and contain the information, (a) if the licence is to apply with respect to a federal area, prescribed by the regulations; and (b) if the licence is to apply with respect to lands outside a federal area, required under any territorial law. Information and studies (2) The board shall require an applicant for a licence to provide the board with the information and studies concerning the use of waters or deposit of waste proposed by the applicant that will enable the board to evaluate any qualitative and quantitative effects of the use or deposit on waters. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.11
Security — federal area 72.11 (1) A board may require an applicant for a licence that is to apply with respect to a federal area, a holder of such a licence or a prospective assignee of such a licence to furnish and maintain security with the federal Minister, in an amount specified in, or determined in accordance with, the regulations made under paragraph 90.3(1)(g) and in a form prescribed by those regulations or a form satisfactory to the federal Minister. How security may be applied (2) The security may be applied by the federal Minister in the following manner: (a) if the federal Minister is satisfied that a person who is entitled to be compensated by a licensee under section 72.27 has taken all reasonable measures to recover compensation from the licensee and has been unsuccessful in that recovery, the security may be applied to compensate that person, either fully or partially; and (b) the security may be applied to reimburse Her Majesty in right of Canada, either fully or partially, for reasonable costs incurred by Her Majesty under subsection 86.2(1) or, subject to subsection (3), subsection 89(1). Exception (3) Paragraph (2)(b) applies in respect of costs incurred under subsection 89(1) only to the extent that the incurring of those costs was based on subparagraph 89(1)(b)(i). Limitation (4) The amount of security that the federal Minister may apply under subsection (2) in respect of any particular incident or matter may not exceed in the aggregate the amount of the security referred to in subsection (1). Refund of security (5) Any portion of the security that, in the federal Minister’s opinion, will not be required under subsection (2) shall be refunded without delay to the licensee or assignor, as the case may be, if the federal Minister is satisfied that (a) the appurtenant undertaking has been permanently closed or permanently abandoned; or (b) the licence has been assigned. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.12
Renewal, amendment and cancellation 72.12 (1) Subject to subsections (2) and (3), a board may, in respect of a federal area, (a) renew a licence, if the licensee applies for its renewal or if the renewal appears to the board to be in the public interest, with or without changes to its conditions, for a term (i) of not more than 25 years, in the case of a type A licence that is in respect of a class of undertakings prescribed by the regulations or a type B licence, or (ii) of not more than the anticipated duration of the appurtenant undertaking, in the case of a type A licence other than one described in subparagraph (i); (b) amend, for a specified term or otherwise, any condition of a licence (i) if the licensee applies for its amendment, (ii) if the amendment is required to deal with a water shortage in any water management area, or (iii) in any other case, if the amendment appears to the board to be in the public interest; and (c) cancel a licence (i) if the licensee applies for its cancellation, (ii) if the licensee, for three successive years, fails to exercise their rights under the licence, or (iii) in any other case, if the cancellation appears to the board to be in the public interest. Application of certain provisions (2) Sections 72.03 to 72.11 apply, with any modifications that the circumstances require, in respect of a renewal of, or an amendment to, a licence. Application to cancel licence (3) An application to cancel a licence shall be in the form and contain the information that is, (a) if the licence applies with respect to a federal area, prescribed by the regulations; and (b) if the licence applies with respect to lands outside a federal area, required under any territorial law. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.13
Approval to issue, renew, amend or cancel 72.13 A board may issue, renew, amend or cancel — in respect of a federal area or lands outside a federal area — a type A licence, or a type B licence in connection with which a public hearing is held by the board with respect to its issuance, renewal, amendment or cancellation, only with the approval of the federal Minister. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.14
Assignment 72.14 (1) Any sale or other disposition of any right, title or interest, of a licensee who holds a licence in respect of a federal area, in an appurtenant undertaking constitutes, without further action by the licensee, an assignment of the licence to the person or persons to whom the sale or other disposition is made if the assignment of the licence was authorized by a board. Authorization of assignment (2) A board shall authorize the assignment of a licence if it is satisfied that neither the sale or other disposition of any right, title or interest of the licensee in the appurtenant undertaking at the time, in the manner and on the terms and conditions agreed to by the licensee, nor the operation of the appurtenant undertaking by the prospective assignee would be likely to result in a contravention of, or failure to comply with, any condition of the licence or any provision of this Act or the regulations. Licence not otherwise assignable (3) Except as provided in this section, a licence in respect of a federal area is not assignable. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.15
Optional hearing 72.15 (1) If a board is satisfied that it would be in the public interest, it may hold a public hearing in connection with any matter relating to its objects, including, in respect of a federal area or lands outside a federal area, (a) the issuance or renewal of, or an amendment to, a type B licence; (b) an amendment to a type A licence under which neither the use, flow or quality of waters nor the term of the licence would be altered; and (c) the cancellation of a type B licence under subparagraph 72.12(1)(c)(i). Mandatory hearing (2) Subject to subsection (3), the board shall hold a public hearing if it is considering, in respect of a federal area, (a) the issuance or renewal of a type A licence; (b) an amendment to a type A licence under which the use, flow or quality of waters, or the term of the licence, would be altered; (c) the cancellation of a type A licence under paragraph 72.12(1)(c); or (d) the cancellation of a type B licence under subparagraph 72.12(1)(c)(ii) or (iii). Exception (3) Subsection (2) does not apply (a) if, after giving notice of a public hearing under section 72.16, the board receives no notification on or before the 10th day before the day of the proposed hearing that any person or body intends to appear and make representations and the applicant or the licensee, as the case may be, consents in writing to the disposition of the matter without a public hearing; (b) if, in the case of a renewal of a type A licence, the licensee has filed with the board an application for renewal in accordance with the regulations made under paragraphs 90.3(1)(d) and (e) and the term of the renewal or renewals granted by the board does not exceed 60 days in the aggregate; or (c) if, in the case of an amendment to a type A licence under which the use, flow or quality of waters would be altered, the board, with the consent of the federal Minister, declares the amendment to be required on an emergency basis. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.16
Notice of applications 72.16 (1) Subject to subsection (4), a board shall give notice of each application made to it — in respect of a federal area or lands outside a federal area — by publishing the application in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate. Notice of public hearing (2) Subject to subsection (4), a board shall give notice of a public hearing to be held by it by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate. The day fixed for the public hearing shall be at least 35 days after the day on which the requirements of this subsection have been met. Public hearing not held (3) Subject to subsection (4), if a public hearing is not held by a board in connection with an application, the board may not act on the application until at least 10 days after the requirements of subsection (1) have been met. Exception (4) Subsections (1) to (3) do not apply in respect of an application for the amendment of a licence if a board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.17
Notice — federal area 72.17 (1) A board shall give notice of its intention to consider, on its own initiative, the renewal of a licence under paragraph 72.12(1)(a), or the amendment of a condition of a licence under subparagraph 72.12(1)(b)(ii) or (iii), by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate. Notice — lands outside a federal area (2) A board shall give notice of its intention to consider, on its own initiative, the renewal, or the amendment of a condition, of a licence in respect of lands outside a federal area in accordance with any territorial law by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate. Exception (3) Subsections (1) and (2) do not apply in respect of an application for the amendment of a licence if a board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.18
Time limit — type A licence and type B licence 72.18 (1) With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(1) or (2). Referral to Minister for approval (2) If the board decides to issue, renew or amend the licence, that decision shall be immediately referred to the federal Minister for approval. Decision of Minister and reasons (3) The federal Minister shall, within 45 days after the board’s decision is referred to him or her, notify the board whether or not the decision is approved and, if it is not approved, provide written reasons in the notification. Extension of time limit (4) The federal Minister may extend the 45-day time limit by not more than an additional 45 days if he or she notifies the board of the extension within the first 45 days. Absence of decision (5) If the federal Minister does not notify the board whether or not the decision is approved within the time limit referred to in subsection (3) or (4), whichever is applicable, the federal Minister is deemed to have given approval. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.19
Time limit — other type B licences 72.19 With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type B licence in connection with which no public hearing is held or if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(1) or (2). 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.2
Time limit — other licences 72.2 On an application for the issuance, renewal or amendment of a licence in respect of lands outside a federal area — other than a type A or type B licence — or, if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(2). 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.21
Day on which application is made 72.21 An application for the issuance, renewal or amendment of a licence is considered to be made on the day on which the board is satisfied that the application is in the form, and contains all of the information, (a) if the licence applies with respect to a federal area, prescribed by the regulations; and (b) if the licence applies with respect to lands outside a federal area, required under any territorial law. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.22
Excluded period — information or studies 72.22 (1) If the board requires the applicant or the licensee to provide information or studies, then the period that is taken by that applicant or licensee, in the board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection 72.18(1), section 72.19 or 72.2 or of its extension. Excluded period — environmental assessment, etc. (2) If the proposed use of waters or deposit of waste to which the application or the licence relates is part of a proposed development in respect of which an environmental assessment, an environmental impact review or an examination of impacts on the environment that stands in lieu of an environmental impact review is conducted under Part 5, then the period that is taken to complete that assessment, review or examination is not included in the calculation of the time limit under subsection 72.18(1), section 72.19 or 72.2 or of its extension. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.23
Suspension of time limit 72.23 A board may suspend a time limit referred to in subsection 72.18(1) or section 72.19 or 72.2 or its extension (a) if the board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 72.03(5), until the applicant satisfies the board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be; (b) if the board is not permitted to issue a licence except in accordance with subsection 72.05(1), until the applicant has entered into a compensation agreement under paragraph 72.05(1)(a) or until a determination of compensation has been made under paragraph 72.05(1)(b), as the case may be; (c) if the board is not permitted to issue a licence with respect to lands outside a federal area except in accordance with any compensation requirement under any territorial law, until the requirement has been fulfilled; or (d) if the board determines that the applicant is required to enter into a compensation agreement under section 77 or 79.1, until the applicant satisfies the board that they have done so or the board has determined, under section 79 or 79.3, the compensation payable by the applicant. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.24
Extension of time limit by federal Minister 72.24 (1) The federal Minister may, at the request of the board, extend the time limit referred to in subsection 72.18(1), section 72.19 or 72.2 by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence. Extension of time limit by Governor in Council (2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (1) any number of times. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.25
Reasons — decisions and orders 72.25 A board shall issue, and make available to the public, written reasons for its decisions or orders relating to any licence, or any application for a licence, in respect of a federal area or lands outside a federal area. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.26
Precedence 72.26 (1) If more than one person has a licence, or other authorization to use waters issued by any authority responsible for the management of waters in the Northwest Territories or in Nunavut, in respect of a federal area, the person who first applied is entitled to the use of the waters in accordance with that person’s licence or authorization in precedence over the other persons. Amendments to a licence or authorization (2) Subsection (1) applies, with any modifications that the circumstances require, in respect of any rights a person acquires through an amendment to that person’s licence or authorization. Renewal or assignment of a licence or authorization (3) Subject to subsection (2), a licence or authorization that has been renewed or assigned shall, for the purposes of this section, be deemed to be a continuation of the original licence or authorization. 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.27
Right to sue for compensation 72.27 (1) Except as otherwise provided by a compensation agreement referred to in subparagraph 72.03(5)(a)(ii), a person who is adversely affected as a result of the issuance of a licence in respect of a federal area or a use of waters or deposit of waste authorized by regulations made under paragraph 90.3(1)(m) or (n) is entitled to be compensated by the licensee, authorized user or authorized waste depositor in respect of that adverse effect, and may sue for and recover any such compensation in any court of competent jurisdiction. Rights protected (2) A person is not barred from exercising any rights conferred by subsection (1) merely because of having been paid the compensation referred to in subsection 72.03(5), or because of having been paid compensation under paragraph 72.11(2)(a) or under a compensation agreement referred to in subparagraph 72.03(5)(a)(ii). 2014, c. 2, s. 145
Mackenzie Valley Resource Management Act — M-0.2 72.28
Copies of licences 72.28 A board shall provide the territorial Minister with copies of licences issued under this Part and of any decisions and orders relating to such licences. 2014, c. 2, s. 145