GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Mackenzie Valley Resource Management Act — M-0.2 73
Use without licence 73 (1) Despite sections 72 and 72.01 or any territorial law, the Gwich’in and Sahtu First Nations have the right to use waters or to deposit waste without a licence for purposes of trapping and non-commercial wildlife harvesting other than trapping, for purposes of transportation related to those activities and for traditional heritage, cultural and spiritual purposes. Use without licence — Tlicho citizens (2) Despite sections 72 and 72.01 or any territorial law — and subject to any applicable Tlicho laws and, in relation to waters that are on settlement lands, any limitations under the applicable land claim agreement that are of the same type as those that apply in relation to waters on Tlicho lands — Tlicho citizens have the right to use water in the part of Monfwi Gogha De Niitlee that is in the Northwest Territories without a licence, for purposes of wildlife harvesting under 10.1.1 of chapter 10 of the Tlicho Agreement, for purposes of transportation related to such wildlife harvesting and for heritage, cultural or spiritual purposes of the Tlicho First Nation. 1998, c. 25, s. 73; 2005, c. 1, s. 39; 2014, c. 2, s. 163
Mackenzie Valley Resource Management Act — M-0.2 74
Exclusive right 74 Despite section 7.1, the Gwich’in and Sahtu First Nations have the exclusive right to the use of waters when on or flowing through their first nation lands and to the deposit of waste in relation to those waters in accordance with the other provisions of this Part or any territorial law, as the case may be. 1998, c. 25, s. 74; 2014, c. 2, s. 163
Mackenzie Valley Resource Management Act — M-0.2 75
Right to unaltered waters 75 Subject to sections 76 to 78, the Gwich’in First Nation and the Sahtu First Nation have, in relation to waters when on or flowing through their first nation lands or waters adjacent to their first nation lands, the right to have the quality, quantity and rate of flow remain substantially unaltered by any person.
Mackenzie Valley Resource Management Act — M-0.2 76
Issuance, amendment or renewal of licences, etc. 76 The Gwich’in Land and Water Board or the Sahtu Land and Water Board may issue, amend or renew a licence, permit or authorization where the use of land or waters or the deposit of waste proposed by the applicant would, in the opinion of the board, interfere with a first nation’s rights under section 75, if the board is satisfied that (a) there is no alternative that could reasonably satisfy the requirements of the applicant; (b) there are no reasonable measures by which the applicant could avoid the interference; and (c) in the case of a licence, the requirements of section 77 are satisfied. 1998, c. 25, s. 76; 2005, c. 1, s. 40
Mackenzie Valley Resource Management Act — M-0.2 77
Conditions for licence 77 The Gwich’in Land and Water Board or the Sahtu Land and Water Board may not issue, amend or renew a licence pursuant to section 76 unless (a) the applicant and the first nation enter into an agreement to compensate the first nation for any loss or damage resulting from any substantial alteration to the quality, quantity or rate of flow of waters when on or flowing through its first nation lands, or waters adjacent to its first nation lands; or (b) the applicant or the first nation applies to the board for a determination pursuant to subsection 79(1). 1998, c. 25, s. 77; 2005, c. 1, s. 41
Mackenzie Valley Resource Management Act — M-0.2 78
Application to water authority 78 (1) If the Gwich’in Land and Water Board or the Sahtu Land and Water Board determines that a use of waters or a deposit of waste that is proposed, in an application made to a water authority, to be carried out in (a) an area of the Northwest Territories or Nunavut outside the board’s management area, or (b) a park to which the Canada National Parks Act applies, or lands acquired pursuant to the Historic Sites and Monuments Act , in the board’s management area would be likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through first nation lands of the Gwich’in or Sahtu First Nation or waters adjacent to those first nation lands, the board shall notify the water authority in writing of its determination. Access to information (2) A water authority shall provide a board with such information in its possession as the board requires in order to make a determination under subsection (1). Conditions for authorization (3) Notwithstanding any other Act, a water authority that is notified by a board under subsection (1) may not authorize the proposed use of waters or deposit of waste unless (a) the applicant and the first nation have entered into an agreement to compensate the first nation for any loss or damage resulting from the alteration; or (b) the applicant or the first nation applies to the board for a determination pursuant to subsection 79(1). 1998, c. 15, s. 48, c. 25, s. 78; 2000, c. 32, s. 54; 2005, c. 1, s. 42
Mackenzie Valley Resource Management Act — M-0.2 79
Referral of compensation to board 79 (1) If a compensation agreement referred to in section 77 or 78 is not entered into within the period allowed by the rules of the Gwich’in Land and Water Board or the Sahtu Land and Water Board, as the case may be, the applicant or the first nation may apply to the board for a determination of compensation. Determination of compensation (2) On an application pursuant to subsection (1), the board shall determine the compensation payable in respect of the proposed use of waters or deposit of waste, taking into consideration (a) the effect of the proposed use or deposit on (i) the first nation’s use of waters when on or flowing through its first nation lands or waters adjacent to its first nation lands, and (ii) its first nation lands, taking into account any cultural or special value of those lands to the first nation; (b) the nuisance or inconvenience to the first nation, including noise, that may result on first nation lands; (c) the effect on wildlife harvesting carried on by the first nation; and (d) any other factor that the board considers relevant in the circumstances. 1998, c. 25, s. 79; 2005, c. 1, s. 43
Mackenzie Valley Resource Management Act — M-0.2 79.1
Conditions for licence 79.1 The Wekeezhii Land and Water Board may not issue, amend or renew a licence for the use of waters or the deposit of waste if, in its opinion, that use or deposit is likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands unless (a) the Board is satisfied that there is no alternative that could reasonably satisfy the requirements of the applicant and that there are no reasonable measures by which the applicant could avoid the alteration; and (b) the applicant has entered into an agreement with the Tlicho Government to compensate the Tlicho First Nation for any loss or damage that may be caused by the alteration, or the applicant or the Tlicho Government has applied to the Board under subsection 79.3(1) for a determination of compensation for that loss or damage. 2005, c. 1, s. 44
Mackenzie Valley Resource Management Act — M-0.2 79.2
Application to water authority 79.2 (1) If the Wekeezhii Land and Water Board determines that a use of waters or a deposit of waste that is proposed, in an application made to a water authority, to be carried out in (a) Nunavut or an area of the Northwest Territories outside Wekeezhii, or (b) a park to which the Canada National Parks Act applies, or lands acquired pursuant to the Historic Sites and Monuments Act , in Wekeezhii would be likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands, the Board shall notify the water authority in writing of its determination. Access to information (2) A water authority shall provide the Board with any information in its possession that the Board requires in order to make a determination under subsection (1). Conditions for authorization (3) Despite any other Act, a water authority that is notified by the Board under subsection (1) may not authorize the proposed use of waters or deposit of waste unless (a) the applicant and the Tlicho Government have entered into an agreement to compensate the Tlicho First Nation for any loss or damage that may be caused by the alteration; or (b) the applicant or the Tlicho Government applies to the Board under subsection 79.3(1) for a determination. 2005, c. 1, s. 44
Mackenzie Valley Resource Management Act — M-0.2 79.3
Referral of compensation to Wekeezhii Board 79.3 (1) If a compensation agreement referred to in paragraph 79.1(b) or 79.2(3)(a), as the case may be, is not entered into, the applicant or the Tlicho Government may, after having participated in mediation under chapter 6 of the Tlicho Agreement, apply to the Wekeezhii Land and Water Board for a determination of compensation. Determination of compensation (2) On an application under subsection (1), the Board shall determine the compensation payable in respect of the proposed use of waters or deposit of waste, taking into consideration (a) the effect of the proposed use or deposit on (i) the use by Tlicho citizens of waters when on or flowing through Tlicho lands, or waters adjacent to Tlicho lands, (ii) Tlicho lands, taking into account any cultural or special value of those lands to the Tlicho First Nation, and (iii) wildlife harvesting carried on by Tlicho citizens; (b) the nuisance or inconvenience, including noise, caused by the proposed use or deposit to Tlicho citizens on Tlicho lands; and (c) any other factor that the Board considers relevant in the circumstances. Form of compensation (3) The compensation may be in the form of a lump sum payment or periodic payments or non-monetary compensation, including replacement of, or substitution for, damaged or lost property or relocation of Tlicho citizens or their property, or any combination of those forms of compensation. 2005, c. 1, s. 44
Mackenzie Valley Resource Management Act — M-0.2 79.4
Obligation to pay 79.4 (1) The applicant or a licensee shall pay to the federal Minister the following amounts and costs relating to the consideration of an application for a licence or for the amendment, renewal or cancellation of a licence: (a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of a board or of its members; (b) any costs incurred by a board for services that are prescribed by the regulations and that are provided to it by a third party; and (c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister. Debt due to Her Majesty (2) The amounts and costs that a person is to pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction. 2019, c. 19, s. 5
Mackenzie Valley Resource Management Act — M-0.2 80
Duty to supply 80 (1) The Gwich’in or Sahtu First Nation shall supply and permit access to sand, gravel, clay and like construction materials situated on its first nation lands to any person or any department or agency of the federal or territorial government that requests the same where no alternate source of supply is reasonably available in the surrounding area. Compensation (2) The Gwich’in or Sahtu First Nation is entitled to fair and reasonable compensation for any construction materials supplied or obtained from its first nation lands. Reference to Board (3) On application by the person or department or agency requesting the supply or access, the Gwich’in Land and Water Board or the Sahtu Land and Water Board, as the case may be, shall (a) determine whether an alternate source of supply is reasonably available in the surrounding area; or (b) resolve any dispute concerning terms or conditions of supply or access or priorities between a first nation and other users of the construction materials. Settlement lands outside settlement area (4) Where first nation lands from which construction materials are requested are situated outside the first nation’s settlement area but within the Northwest Territories, the board shall consult the resource management authority having jurisdiction in respect of those lands before making any determination under subsection (3). 1998, c. 25, s. 80; 2005, c. 1, s. 45
Mackenzie Valley Resource Management Act — M-0.2 80.1
Duty to supply — Tlicho Government 80.1 (1) The Tlicho Government shall supply, and permit access to, sand, gravel, clay and like construction materials situated on Tlicho lands to any person that requests it, including any department or agency of the federal or territorial government or any local government of a Tlicho community. Exception (2) Subsection (1) does not apply if the materials are to be used on lands other than Tlicho lands, unless no alternate source of supply is reasonably available in an area closer to the lands where the materials are to be used. Compensation — Tlicho Government (3) The Tlicho Government is entitled to be paid for the value of materials supplied under subsection (1) and for the exercise of a right of access to the materials under that subsection, unless the materials are to be used for a public purpose on Tlicho lands or in a Tlicho community or for a public road contiguous to Tlicho lands or to a Tlicho community. Reference to Wekeezhii Land and Water Board (4) On application by any person, department, agency or government requesting the supply of, or access to, materials under subsection (1) and after the applicant has participated in mediation under chapter 6 of the Tlicho Agreement, the Wekeezhii Land and Water Board shall (a) determine, for the purpose of subsection (2), whether an alternate source of supply is reasonably available in an area closer to the lands where the materials are to be used; (b) determine, for the purpose of subsection (3), whether the materials are to be used for a public purpose on Tlicho lands or in a Tlicho community or for a public road contiguous to Tlicho lands or a Tlicho community; (c) resolve any dispute concerning terms or conditions of supply or access, excluding the amount to be paid under subsection (3); or (d) resolve any dispute concerning conflicting uses of materials referred to in subsection (1) by the applicant and by the Tlicho Government or Tlicho citizens. Reference to Board by Tlicho Government (5) In the case of a dispute referred to in paragraph (4)(d), an application for its resolution may also be made to the Board by the Tlicho Government after it has participated in mediation under chapter 6 of the Tlicho Agreement. 2005, c. 1, s. 46
Mackenzie Valley Resource Management Act — M-0.2 82
Consultation with boards 82 The federal Minister shall consult the boards with respect to the amendment of this Act or the making or amendment of any instrument under this Act. 1998, c. 25, s. 82; 2005, c. 1, s. 47; 2014, c. 2, s. 174 2019, c. 19, s. 6(F)
Mackenzie Valley Resource Management Act — M-0.2 84
Designation 84 (1) The federal Minister may designate any qualified person, or a class of qualified persons, as an inspector to exercise powers relating to verifying compliance or preventing non-compliance with this Part and orders made under section 86 or 86.1. Designation — analyst (2) The federal Minister may designate any qualified person as an analyst for the purposes of this Part. 1998, c. 25, s. 84; 2014, c. 2, s. 177
Mackenzie Valley Resource Management Act — M-0.2 85
Authority to enter 85 (1) An inspector may, for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 86 or 86.1, enter a place in which they have reasonable grounds to believe that (a) a person is using land; (b) a person is using water or depositing waste in a federal area within a water management area; (c) in a federal area within a water management area a person is constructing any work that, on completion, will form part of an undertaking whose operation will require the use of waters or the deposit of waste, or altering or extending a work that forms part of such an undertaking; or (d) a document or any thing relating to a use or deposit referred to in paragraph (a), (b) or (c) is located. Powers on entry (2) The inspector may, for the purposes referred to in subsection (1), (a) examine anything in the place; (b) use any means of communication in the place or cause it to be used; (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to that system; (d) prepare a document, or cause one to be prepared, based on the data; (e) use any copying equipment in the place, or cause it to be used; (f) take measurements or samples of anything in the place; (g) remove any thing from the place for examination or copying; (h) take photographs and make recordings or sketches; (i) order the owner or person in charge of the place or any person at the place to establish their identity to the inspector’s satisfaction or to stop or start an activity; (j) order the owner or person having possession, care or control of any thing in the place to not move it, or to restrict its movement, for as long as, in the inspector’s opinion, is necessary; (k) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and (l) prohibit or limit access to all or part of the place. Certificate (3) The federal Minister shall provide every inspector with a certificate of designation. On entering any place, the inspector shall, if so requested, produce the certificate to the occupant or person in charge of the place. Notice (4) An inspector shall, if it is reasonable to do so, give prior notice of their entry to (a) the Gwich’in or Sahtu First Nation, if the entry is on its first nation lands; (b) the Tlicho Government, if the entry is on Tlicho lands; or (c) the Déline Got’ine Government, if the entry is on Déline lands. (5) [Repealed, 2019, c. 19, s. 7] (6) [Repealed, 2019, c. 19, s. 7] 1998, c. 25, s. 85; 2005, c. 1, s. 48; 2014, c. 2, s. 177; 2015, c. 24, s. 31 2019, c. 19, s. 7
Mackenzie Valley Resource Management Act — M-0.2 85.1
Warrant for dwelling-house 85.1 (1) If the place referred to in subsection 85(1) is a dwelling-house, the inspector may only enter it with the occupant’s consent or under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspector who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 85(1); (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 86 or 86.1; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant. 2014, c. 2, s. 177
Mackenzie Valley Resource Management Act — M-0.2 85.2
Entering private property 85.2 (1) For the purpose of gaining entry to a place referred to in subsection 85(1), an inspector may enter and pass through private property. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house. Person accompanying inspector (2) A person may, at the inspector’s request, accompany the inspector to assist them in gaining entry to the place referred to in subsection 85(1) and is not liable for doing so. 2014, c. 2, s. 177
Mackenzie Valley Resource Management Act — M-0.2 85.3
Use of force 85.3 In executing a warrant to enter a dwelling-house, an inspector is not permitted to use force unless the use of force has been specifically authorized in the warrant and the inspector is accompanied by a peace officer. 2014, c. 2, s. 177
Mackenzie Valley Resource Management Act — M-0.2 86
Inspector’s order — adverse effects of land use 86 (1) If an inspector has reasonable grounds to believe that a use of land has resulted in or is likely to result in an adverse effect on the environment, the inspector may, in accordance with the regulations, order the person who is using the land to take any measures that the inspector considers reasonable to mitigate, remedy or prevent the adverse effect. Inspector’s order — contravention (2) If an inspector has reasonable grounds to believe that a person who is using land is contravening the regulations or the conditions of a permit, the inspector may, in accordance with the regulations, order that person to take any measures that the inspector considers reasonable in order to prevent the contravention from continuing. Notice (3) An order shall be provided in the form of a written notice and shall include (a) a statement of the reasons for the order; and (b) the time and manner in which the order is to be carried out. 1998, c. 25, s. 86; 2014, c. 2, s. 177
Mackenzie Valley Resource Management Act — M-0.2 86.1
Remedial measures 86.1 (1) Whether or not a report has been made under subsection 72.01(3), an inspector may order a person who is using water or depositing waste in a federal area to take any reasonable measures that the inspector may specify, including the cessation of an activity, to prevent a use of waters, deposit of waste or failure of a work from occurring or to counteract, mitigate or remedy adverse effects of that use, deposit or failure, if an inspector has reasonable grounds to believe (a) that (i) waters have been or may be used in contravention of subsection 72(1) or of a condition of a licence, (ii) waste has been or may be deposited in contravention of subsection 72.01(1) or of a condition of a licence, or (iii) there has been, or may be, a failure of a work related to the use of waters or the deposit of waste, whether or not there has been compliance with any standards prescribed by regulations made under paragraph 90.3(1)(j) and with any standards imposed by a licence; and (b) that a danger to persons, property or the environment results, or may reasonably be expected to result, from the adverse effects of that use, deposit or failure. Notice (2) The order shall be provided in the form of a written notice and shall include (a) a statement of the reasons for the order; and (b) the time and manner in which the order is to be carried out. 2014, c. 2, s. 177
Mackenzie Valley Resource Management Act — M-0.2 86.2
Failure to comply 86.2 (1) If a person does not comply with an order made under subsection 86(1) or (2) or section 86.1 within the time specified, the inspector may, on their own initiative, take the measures specified in the order. Recovery of Her Majesty’s costs (2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada in the taking of measures under subsection (1) constitutes a debt due to Her Majesty recoverable from the person in a court of competent jurisdiction or by recourse to any security furnished under section 71 or 72.11, as the case may be. 2014, c. 2, s. 177