BILL C-6 - First Reading

	Compliance with Plans
First nations, governments and licensing bodies	46. (1) The Gwich'in and Sahtu First Nations, departments and agencies of the federal and territorial governments, and every body having authority under any federal or territorial law to issue licences, permits or other authorizations relating to the use of land or waters or the deposit of waste, shall carry out their powers in accordance with the land use plan applicable in a settlement area.
National parks and historic sites	(2) In particular, measures carried out by a department or agency of government leading to the establishment of a national park subject to the National Parks Act, and the acquisition of lands pursuant to the Historic Sites and Monuments Act, in a settlement area shall be carried out in accordance with the applicable land use plan.
Determi- nation of conformity	47. (1) A planning board shall determine whether an activity is in accordance with a land use plan where
	(a) the activity is referred to the planning board by a first nation or a department or agency of the federal or territorial govern ment or by the body having authority under any federal or territorial law to issue a licence, permit or other authorization in respect of the activity; or
	(b) an application for such a determination is made by any person directly affected by an activity for which an application has been made for a licence, permit or autho rization.
Time of referral	(2) The referral or application must be made before the issuance of any licence, permit or other authorization required for the activity.
Transmission of decision	(3) A planning board shall transmit its decision to the first nation, department, agency, body or person that made a referral or application under subsection (1).
Final decision	(4) Subject to section 32, a decision of a planning board under this section is final and binding.
Amendment of plan	48. (1) A planning board may, on applica tion or on its own motion, adopt any amend ments to a land use plan that the planning board considers necessary.
Adoption and approval	(2) Sections 42 and 43 apply, with such modifications as are required, in respect of any amendment to a land use plan.
Record keeping and access	49. (1) A planning board shall
	(a) keep a public record of all applications made to it and all decisions made by it;
	(b) furnish, on request and on the payment of a fee prescribed under subsection (2), copies of a land use plan or of any decision made by it; and
	(c) have the custody and care of all documents filed with it.
Fees	(2) A planning board may, subject to the approval of the federal Minister, make rules prescribing fees for copies furnished pursuant to paragraph (1)(b), not exceeding the cost of furnishing them.
	Comprehensive Review
Periodic review	50. A planning board shall carry out a comprehensive review of a land use plan not later than five years after the plan takes effect and thereafter every five years or at any other intervals agreed to by the federal Minister, the territorial Minister and the first nation of the settlement area.
	PART 3
	LAND AND WATER REGULATION
	Interpretation and Application
Definitions	51. The definitions in this section apply in this Part.
``board'' « office »	``board'' means the Gwich'in Land and Water Board or the Sahtu Land and Water Board established by sections 54 and 56, respec tively.
``first nation lands'' « terres d'une première nation »	``first nation lands'', in relation to a first na tion, means
	(a) settlement lands of the first nation; or
	(b) lands situated within the boundaries of a local government and referred to in the first nation's land claim agreement as municipal lands.
``land'' « terres »	``land'' means the surface of land.
``licence'' « permis d'utilisation des eaux »	``licence'' means a licence for the use of wa ters or the deposit of waste, or both, issued by a board under the Northwest Territories Waters Act and this Part, and ``licensee'' has a corresponding meaning.
``permit'' « permis d'utilisation des terres »	``permit'' means a permit for the use of land is sued by a board under this Part, and ``per mittee'' has a corresponding meaning.
``water authority'' « autorité de gestion des eaux »	``water authority'' means a board or other au thority having jurisdiction in relation to the use of waters or the deposit of waste in any portion of the Northwest Territories.
``waters'' « eaux »	``waters'' means any inland waters, whether in a liquid or frozen state, on or below the sur face of land.
National parks and historic sites	52. (1) This Part, except sections 78 and 79, does not apply in respect of the use of land or waters or the deposit of waste within a national park to which the National Parks Act applies, or within lands acquired pursuant to the Historic Sites and Monuments Act.
Consultation with board	(2) Notwithstanding subsection (1), an authority responsible for authorizing uses of land or waters or deposits of waste in a portion of a settlement area excluded by that subsec tion from the application of this Part shall consult the board established for the settle ment area before authorizing any such use or deposit.
Consultation with authority	(3) A board established for a settlement area shall consult a responsible authority referred to in subsection (2) before issuing a licence, permit or authorization for a use of land or waters or deposit of waste that may have an effect in the portion of the settlement area in which the authority is responsible.
Local government	53. (1) This Part does not apply in respect of the use of land within the boundaries of a local government to the extent that the local government regulates that use.
Agreement	(2) The board established for a settlement area and the territorial Minister shall, in consultation with each local government, jointly determine the extent to which the local government regulates the use of land within its boundaries for the purposes of subsection (1).
Dissemina- tion	(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.
	Gwich'in Land and Water Board
Board established	54. (1) There is hereby established, in respect of the settlement area referred to in the Gwich'in Agreement, a board to be known as the Gwich'in Land and Water Board.
Membership	(2) The Board shall consist of five members including, apart from the chairperson, two members appointed on the nomination of the Gwich'in First Nation and one member ap pointed on the nomination of the territorial Minister.
Quorum	(3) A quorum of the Board consists of three members, including one of the members appointed on the nomination of the Gwich'in First Nation and one of the members not so appointed other than the chairperson.
Main office	55. The main office of the Board shall be located in the settlement area referred to in the Gwich'in Agreement.
	Sahtu Land and Water Board
Board established	56. (1) There is hereby established, in respect of the settlement area referred to in the Sahtu Agreement, a board to be known as the Sahtu Land and Water Board.
Membership	(2) The Board shall consist of five members including, apart from the chairperson, two members appointed on the nomination of the Sahtu First Nation and one member appointed on the nomination of the territorial Minister.
Quorum	(3) A quorum of the Board consists of three members, including one of the members appointed on the nomination of the Sahtu First Nation and one of the members not so appointed other than the chairperson.
Main office	57. The main office of the Board shall be located in the settlement area referred to in the Sahtu Agreement.
	General Provisions
Objectives	58. A board shall regulate the use of land and waters and the deposit of waste so as to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit to the residents of the settlement area and of the Mackenzie Valley and to all Canadians.
Jurisdic- tion - land	59. (1) A board established for a settlement area has jurisdiction in respect of all uses of land in the settlement area for which a permit is required under this Part and may, in accordance with the regulations, issue, amend, renew, suspend and cancel permits and authorizations for the use of land, and approve the assignment of permits.
Subsurface rights	(2) For greater certainty, the jurisdiction of a board under subsection (1) includes a use of land that is required for the exercise of subsurface rights.
Jurisdic- tion - water and waste	60. (1) A board established for a settlement area has jurisdiction in respect of all uses of waters and deposits of waste in the settlement area for which a licence is required under the Northwest Territories Waters Act and may
	(a) issue, amend, renew and cancel licences and approve the assignment of licences, in accordance with that Act, and
	(b) exercise any other power of the North west Territories Water Board under that Act,
	and, for those purposes, references in that Act to that Board shall be read as references to the board established for the settlement area.
Suspension power	(2) A board may suspend a licence for a specified period or until terms and conditions specified by the board are complied with, where the licensee contravenes a provision of the Northwest Territories Waters Act or of this Part or a term or condition of the licence.
Effect outside settlement area	(3) In respect of a use of waters or deposit of waste in the settlement area that has an effect in a region of the Northwest Territories outside the settlement area, subsections 14(4) and (5) of the Northwest Territories Waters Act apply in relation to the protection of the rights of licensees and other persons referred to in those subsections who are in that region.
Northwest Territories Waters Act	(4) Notwithstanding subsection (1), the following provisions of the Northwest Territo ries Waters Act do not apply in respect of a settlement area for which a board has been established, namely, sections 10 to 13, subsec tion 14(6), sections 20 and 22, paragraphs 23(1)(b) and (2)(b), section 24, section 26 except in relation to type A licences under that Act, sections 27 and 28 and subsection 37(2).
Northwest Territories Waters Act	(5) Notwithstanding subsection (1), section 31 of the Northwest Territories Waters Act does not apply in respect of first nation lands.
Conformity with land use plan under Part 2	61. A board may not issue a licence, permit or authorization or make an amendment to a licence, permit or authorization except in accordance with an applicable land use plan under Part 2.
Require- ments of Part 5	62. A board may not issue a licence, permit or authorization for the carrying out of a proposed development within the meaning of Part 5 unless the requirements of that Part have been complied with, and every licence, permit or authorization so issued shall include any conditions that are required to be included in it pursuant to a decision made under that Part.
Copies of applications	63. (1) A board shall provide a copy of each application made to the board for a licence or permit to the owner of any land to which the application relates and to appropriate depart ments and agencies of the federal and territo rial governments.
Notice of applications	(2) A board shall notify affected communi ties or first nations of an application made to the board for a licence or permit and allow a reasonable period of time for them to make representations to the board with respect to the application.
Heritage resources	64. (1) A board shall seek and consider the advice of any affected first nation and any appropriate department or agency of the federal or territorial government respecting the presence of heritage resources that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.
Wildlife resources	(2) A board shall seek and consider the advice of the renewable resources board established by the land claim agreement applicable in the settlement area respecting the presence of wildlife and wildlife habitat that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.
Guidelines and policies	65. Subject to the regulations, a board may establish guidelines and policies respecting licences, permits and authorizations, includ ing their issuance under this Part.
Copies of licences and permits	66. A board shall provide the federal Minister with copies of licences, permits and authorizations issued under this Part and of decisions and orders relating to them.
Final decision	67. Subject to sections 32 and 81, every decision or order of a board is final and binding.
Recommen- dations to Minister	68. The board may, and at the request of the federal Minister shall, make recommenda tions to the federal Minister with respect to the amendment of this Act or the Northwest Territories Waters Act or the making or amendment of any instrument pursuant to this Act or that Act.