GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Mackenzie Valley Resource Management Act — M-0.2 96
Definitions 96 (1) The definitions in this subsection apply in this Part. Board means the Mackenzie Valley Land and Water Board established by subsection 99(1). ( Office ) 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 the 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 the Board under this Part in accordance with any territorial law. ( permis d’utilisation des eaux ) permit means a permit for the use of land issued by the Board under this Part, and “permittee” has a corresponding meaning. ( permis d’utilisation des terres ) Terms defined in Part 3 (2) In this Part, the expressions first nation lands , land , management area and waters have the same meaning as in Part 3. Meaning of permit (3) For the purposes of this Part, references to a permit in section 90, in the regulations made pursuant to that section and in sections 90.1, 90.2 and 92 include a permit as defined in subsection (1). Reference to “licence” (4) For the purposes of this Part, a reference to “licence” in section 90.3, in the regulations made under that section and in sections 72.02, 79.4 and 92.02 to 92.04 includes a licence as defined in subsection (1). 1998, c. 25, s. 96; 2005, c. 1, s. 55; 2014, c. 2, s. 194 2019, c. 19, s. 9
Mackenzie Valley Resource Management Act — M-0.2
Board means the Mackenzie Valley Land and Water Board established by subsection 99(1). ( Office )
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 the 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 the Board under this Part in accordance with any territorial law. ( permis d’utilisation des eaux )
Mackenzie Valley Resource Management Act — M-0.2
permit means a permit for the use of land issued by the Board under this Part, and “permittee” has a corresponding meaning. ( permis d’utilisation des terres )
Mackenzie Valley Resource Management Act — M-0.2 97
National parks and historic sites 97 (1) Subject to paragraph 102(2)(b), this Part does not apply in respect of the use of land or waters or the deposit of waste within a park or park reserve 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 the Mackenzie Valley excluded by that subsection from the application of this Part shall consult the Board before authorizing any such use or deposit. Consultation with authority (3) The Board shall consult the 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 Mackenzie Valley excluded by subsection (1) from the application of this Part. 1998, c. 25, s. 97; 2000, c. 32, s. 68
Mackenzie Valley Resource Management Act — M-0.2 98
Local government jurisdiction 98 (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 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 99
Board established 99 (1) There is hereby established a board to be known as the Mackenzie Valley Land and Water Board. Regional panels — Gwich’in and Sahtu Boards (2) On the coming into force of this Part, a board established by section 54 or 56 continues as a regional panel of the Board under the same name and in respect of the same management area as that of the board. Its members become members of the Board. Regional panel — Wekeezhii Board (2.1) Six months after the coming into force of section 57.1, the board established by that section continues as a regional panel of the Board under the same name and in respect of the same management area as that of the board. Its members become members of the Board. Applicable provisions (3) For greater certainty, the provisions of Part 1 respecting the appointment, term of office and removal from office of members of a board and respecting the chairperson of a board, and the provisions of Part 3 respecting the appointment of members of a board, the quorum of a board, its main office and members acting after the expiry of their term, continue to apply to a regional panel. Composition (4) In addition to the members of the regional panels referred to in subsections (2) and (2.1) and a chairperson, the Board shall, subject to subsection 108(7), consist of (a) two members appointed following consultation by the federal Minister with the first nations and the Tlicho Government; (b) one member appointed on the nomination of the territorial Minister; and (c) one other member. 1998, c. 25, s. 99; 2005, c. 1, s. 56 2019, c. 19, s. 10
Mackenzie Valley Resource Management Act — M-0.2 100
Annual meeting 100 The Board shall hold at least one plenary meeting in each year.
Mackenzie Valley Resource Management Act — M-0.2 101
Main office 101 The main office of the Board shall be at Yellowknife or at such other place in the Mackenzie Valley as is designated by the Governor in Council.
Mackenzie Valley Resource Management Act — M-0.2 101.1
Objectives — Board 101.1 (1) The objectives of the Board are 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 the Mackenzie Valley. Objectives — Gwich’in and Sahtu regional panels (2) The objectives of a regional panel referred to in subsection 99(2) are 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 its management area and of the Mackenzie Valley and for all Canadians. Objectives — Wekeezhii regional panel (3) The objectives of the regional panel referred to in subsection 99(2.1) are 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. 58
Mackenzie Valley Resource Management Act — M-0.2 102
Jurisdiction — Board 102 (1) The Board has jurisdiction in respect of all uses of land in the Mackenzie Valley for which a permit is required under Part 3 and in respect of all uses of waters or deposits of waste in the Mackenzie Valley for which a licence is required under Part 3 or any territorial law, as the case may be, and for that purpose the Board has the powers and duties of a board established under Part 3, other than powers under sections 78, 79 and 79.2 to 80.1, as if a reference in that Part to a management area were a reference to the Mackenzie Valley, except that, with regard to subsection 61(2), the reference to management area continues to be a reference to Wekeezhii. Jurisdiction — regional panels (2) A regional panel of the Board shall exercise (a) the powers and duties referred to in subsection (1) in respect of a use of land or waters or a deposit of waste that is to take place, and that is likely to have an impact, wholly within the management area of the regional panel; and (b) the powers conferred by sections 78, 79 and 79.2 to 80.1 on the board established under Part 3 for that management area. 1998, c. 25, s. 102; 2005, c. 1, s. 58; 2014, c. 2, s. 195
Mackenzie Valley Resource Management Act — M-0.2 103
Applications to Board 103 (1) An application shall be made to the Board where the application relates to a use of land or waters or a deposit of waste (a) that is to take place, or is likely to have an impact, in more than one management area, or in a management area and an area outside any management area; or (b) that is to take place wholly outside any management area. Applications to regional panel (2) An application relating to a use of land or waters or a deposit of waste described in subsection 102(2), including an application relating to a licence or permit for such a use or deposit issued pursuant to Part 3 before the coming into force of this Part, shall be made to the regional panel of the Board for the management area referred to in that subsection. Copies of panel applications (3) A regional panel of the Board shall provide the Board with a copy of every application made to the regional panel. Referral between Board and panels (4) Where the Board determines that an application made to a regional panel of the Board should have been made to the Board, the Board shall dispose of the application, and where it determines that an application made to it should have been made to a regional panel, it shall refer the application to the regional panel for disposition. Decisions of regional panels (5) For greater certainty, a decision made by a regional panel of the Board on an application is a decision of the Board. 1998, c. 25, s. 103; 2005, c. 1, s. 59
Mackenzie Valley Resource Management Act — M-0.2 104
Power of chairperson 104 Applications referred to in subsection 103(1) shall be disposed of by three or more members of the Board designated by the chairperson for that purpose, including at least one of the members appointed to a regional panel — on the nomination of a first nation or by the Tlicho Government — or appointed to the Board following consultation with first nations and the Tlicho Government and at least one of the members of the Board not so appointed. 1998, c. 25, s. 104; 2005, c. 1, s. 60
Mackenzie Valley Resource Management Act — M-0.2 105
Acting after expiry of term 105 (1) If the chairperson of the Board is of the opinion that it is necessary for a member of the Board to continue to act after the expiry of that 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. 1998, c. 25, s. 105 2014, c. 2, s. 196 2019, c. 19, s. 11
Mackenzie Valley Resource Management Act — M-0.2 106
Board directions 106 The Board may issue directions on general policy matters or on matters concerning the use of land or waters or the deposit of waste that, in the Board’s opinion, require consistent application throughout the Mackenzie Valley.
Mackenzie Valley Resource Management Act — M-0.2 106.1
Requirement to make recommendations 106.1 (1) The Board shall, at the request of the federal Minister, make recommendations to the federal Minister with respect to the amendment of this Act or the making or amendment of any instrument under this Act. Discretion to make recommendations (2) The Board may make recommendations to (a) the Minister responsible for any Act of Parliament regarding the use of land or waters or the deposit of waste, with respect to the amendment of that Act or the making or amendment of any instrument under that Act; (b) the territorial Minister with respect to the amendment of territorial laws regarding the use of land or waters or the deposit of waste; (c) a local government with respect to the amendment of bylaws enacted by that government regarding the use of land or waters or the deposit of waste; (d) the Tlicho Government with respect to the amendment of Tlicho laws regarding the use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters; and (e) the Déline Got’ine Government with respect to the amendment of any Déline law regarding the use of Déline lands or waters on those lands or regarding a deposit of waste on those lands or in those waters. 2005, c. 1, s. 61; 2014, c. 2, s. 197; 2015, c. 24, s. 35
Mackenzie Valley Resource Management Act — M-0.2 107
Coordination 107 Where a use of land or waters or a deposit of waste proposed by an applicant for a licence or permit is likely to have an impact in an area outside the Mackenzie Valley, whether within or outside the Northwest Territories, the Board may consult any government, aboriginal group or other body responsible for the regulation of such uses or deposits in that area and may, with the approval of the federal Minister, hold joint hearings with or enter into agreements with any of them for the coordination of activities and the avoidance of duplication.
Mackenzie Valley Resource Management Act — M-0.2 108
Establishment of additional panels 108 (1) The Governor in Council may, on the recommendation of the federal Minister, establish up to two regional panels of the Board in addition to those referred to in subsections 99(2) and (2.1). Powers (2) The area of the Mackenzie Valley in which such a regional panel has jurisdiction shall be specified by the Governor in Council, following consultation with affected first nations, which area must be wholly outside any management area. Subsections 102(2) and 103(2) to (5) apply in relation to that area with such modifications as are required. Appointment (3) The members of such a regional panel shall be appointed by the federal Minister and must include one of the members of the Board referred to in paragraph 99(4)(a) and one of the members referred to in paragraph 99(4)(b) or (c). Chairperson (4) The chairperson of such a regional panel shall be appointed by the federal Minister from persons nominated by a majority of the members of the regional panel. Appointment by federal Minister (5) If a majority of the members do not nominate a person acceptable to the federal Minister within a reasonable time, the Minister may appoint any person as chairperson. Absence or incapacity of chairperson (6) A regional panel established under this section may designate a member to act as chairperson during the absence or incapacity of the chairperson or a vacancy in the office of chairperson, and that person may exercise the powers and shall perform the duties of the chairperson while so acting. Members of Board (7) The chairperson and the members of such a regional panel who are not already members of the Board become members of the Board on their appointment to the regional panel. Notice (8) A notice of the establishment of a regional panel under this section shall be published in a newspaper circulated in the Mackenzie Valley. 1998, c. 25, s. 108; 2005, c. 1, s. 62
Mackenzie Valley Resource Management Act — M-0.2 109
Minister’s functions 109 The federal Minister may exercise the same powers and shall perform the same duties in relation to the Board and its regional panels as are conferred or imposed on the federal Minister in relation to a board established by Part 3.
Mackenzie Valley Resource Management Act — M-0.2 109.1
Policy directions by the Tlicho Government 109.1 The Tlicho Government may exercise the same powers and shall perform the same duties in relation to the Board and the regional panel of the Board referred to in subsection 99(2.1) as those that the Tlicho Government has under section 83 in relation to the Wekeezhii Land and Water Board. 2005, c. 1, s. 63
Mackenzie Valley Resource Management Act — M-0.2 109.11
Policy directions by Déline Got’ine Government 109.11 The Déline Got’ine Government may exercise the same powers and shall perform the same duties in relation to the Board and the regional panel of the Board referred to in subsection 99(2) as those that the Déline Got’ine Government has under section 83 in relation to the Sahtu Land and Water Board. 2015, c. 24, s. 36
Mackenzie Valley Resource Management Act — M-0.2 109.2
Conflict between policy directions 109.2 (1) If there is a conflict between policy directions given by the federal Minister under section 109 and policy directions given by the Tlicho Government under section 109.1, the policy directions under section 109.1 prevail to the extent of the conflict. Conflict between legislation and policy directions (2) If there is a conflict between policy directions given by the federal Minister under section 109 or by the Tlicho Government under section 109.1 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. Conflict between policy directions (3) If there is a conflict between policy directions given by the federal Minister under section 109 and policy directions given by the Déline Got’ine Government under section 109.11, the policy directions given under section 109.11 prevail to the extent of the conflict. Conflict between legislation and policy directions (4) If there is a conflict between policy directions given by the federal Minister under section 109 or by the Déline Got’ine Government under section 109.11 and the provisions of any Act of Parliament, of any regulations made under an Act of Parliament or of any territorial law, those provisions prevail to the extent of the conflict. 2005, c. 1, s. 63; 2015, c. 24, s. 37
Mackenzie Valley Resource Management Act — M-0.2 109.3
Regulations apply 109.3 Regulations made under section 90.31 apply to the recovery of amounts and costs relating to the consideration of an application for a licence issued by the Board or for the amendment, renewal or cancellation of a licence as if a reference to “licence” in those regulations were a reference to a licence as defined in subsection 96(1). 2019, c. 19, s. 12
Mackenzie Valley Resource Management Act — M-0.2 109.4
Regulations apply 109.4 Regulations made under section 90.32 apply to any consultation that is undertaken by any person or entity in relation to the issuance, amendment, renewal, suspension or cancellation of a licence, permit or other authorization by the Board as if a reference to “licence” or “permit” in those regulations were a reference to a licence or permit as defined in subsection 96(1). 2019, c. 19, s. 12
Mackenzie Valley Resource Management Act — M-0.2 110
Inspector 110 An inspector designated under subsection 84(1) may exercise and shall perform, in relation to the use of land or waters or the deposit of waste, the powers, duties and functions of an inspector under Part 3. 1998, c. 25, s. 110; 2014, c. 2, s. 198
Mackenzie Valley Resource Management Act — M-0.2 111
Definitions 111 (1) The following definitions apply in this Part. designated regulatory agency means an agency named in the schedule, referred to in a land claim agreement as an independent regulatory agency. ( organisme administratif désigné ) development means any undertaking, or any part or extension of an undertaking, that is carried out on land or water and includes an acquisition of lands pursuant to the Historic Sites and Monuments Act and measures carried out by a department or agency of government leading to the establishment of a park subject to the Canada National Parks Act or the establishment of a park under a territorial law. ( projet de développement ) environmental assessment means an examination of a proposal for a development undertaken by the Review Board pursuant to section 126. ( évaluation environnementale ) environmental impact review means an examination of a proposal for a development undertaken by a review panel established under section 132. ( étude d’impact ) follow-up program means a program for evaluating (a) the soundness of an environmental assessment or environmental impact review of a proposal for a development; and (b) the effectiveness of the mitigative or remedial measures imposed as conditions of approval of the proposal. ( programme de suivi ) impact on the environment means any effect on land, water, air or any other component of the environment, as well as on wildlife harvesting, and includes any effect on the social and cultural environment or on heritage resources. ( répercussions environnementales ou répercussions sur l’environnement ) mitigative or remedial measure means a measure for the control, reduction or elimination of an adverse impact of a development on the environment, including a restorative measure. ( mesures correctives ou d’atténuation ) preliminary screening means an examination of a proposal for a development undertaken pursuant to section 124. ( examen préalable ) regulatory authority , in relation to a development, means a body or person responsible for issuing a licence, permit or other authorization required for the development under any federal or territorial law, but does not include a designated regulatory agency or a local government. ( autorité administrative ) responsible minister , in relation to a proposal for a development, means any minister of the Crown in right of Canada or of the territorial government having jurisdiction in relation to the development under federal or territorial law. ( ministre compétent ) Review Board means the Mackenzie Valley Environmental Impact Review Board established by subsection 112(1). ( Office ) Application (2) This Part applies in respect of developments to be carried out wholly or partly within the Mackenzie Valley and, except for section 142, does not apply in respect of developments wholly outside the Mackenzie Valley. 1998, c. 25, s. 111; 2000, c. 32, s. 55; 2005, c. 1, s. 65
Mackenzie Valley Resource Management Act — M-0.2
designated regulatory agency means an agency named in the schedule, referred to in a land claim agreement as an independent regulatory agency. ( organisme administratif désigné )
Mackenzie Valley Resource Management Act — M-0.2
development means any undertaking, or any part or extension of an undertaking, that is carried out on land or water and includes an acquisition of lands pursuant to the Historic Sites and Monuments Act and measures carried out by a department or agency of government leading to the establishment of a park subject to the Canada National Parks Act or the establishment of a park under a territorial law. ( projet de développement )
Mackenzie Valley Resource Management Act — M-0.2
environmental assessment means an examination of a proposal for a development undertaken by the Review Board pursuant to section 126. ( évaluation environnementale )
Mackenzie Valley Resource Management Act — M-0.2
environmental impact review means an examination of a proposal for a development undertaken by a review panel established under section 132. ( étude d’impact )
Mackenzie Valley Resource Management Act — M-0.2 (a)
follow-up program means a program for evaluating (a) the soundness of an environmental assessment or environmental impact review of a proposal for a development; and (b) the effectiveness of the mitigative or remedial measures imposed as conditions of approval of the proposal. ( programme de suivi )
Mackenzie Valley Resource Management Act — M-0.2
impact on the environment means any effect on land, water, air or any other component of the environment, as well as on wildlife harvesting, and includes any effect on the social and cultural environment or on heritage resources. ( répercussions environnementales ou répercussions sur l’environnement )