Special Rules for Land Use

Protection of the environment

69. Before issuing a permit for a use of land, a board shall, with respect to conditions of the permit for the protection of the environment, consult

    (a) the territorial Minister, in the case of land of which the Commissioner of the Northwest Territories has administration and control;

    (b) the minister of the Crown having administration of the land, in the case of any other land belonging to Her Majesty in right of Canada or that Her Majesty has power to dispose of; or

    (c) the owner of the land, in any other case.

Delegation to staff

70. A board may, by instrument of delega tion, specify permits from among a class prescribed by the regulations that an em ployee of the Board named in the instrument may issue, amend or renew and whose assign ment the employee may approve.

Posting security

71. (1) A board may require, as a condition of a permit or as a condition of the assignment of a permit, the posting of security with the federal Minister in a form prescribed by the regulations or a form satisfactory to the federal Minister and in an amount specified in, or determined in accordance with, the regula tions.

Notice

(2) The federal Minister shall notify a board of the posting of security so required.

Application of security

(3) Where damage to lands results from a permittee's contravention of any provision of the regulations or a permit, the board may request of the federal Minister that all or part of the security posted by the permittee be applied toward the costs incurred in repairing the damage.

Liability not limited

(4) This section does not affect the liability of a permittee for any damages to land in excess of the amount of the posted security.

Refund of security

(5) The federal Minister shall, in accor dance with the regulations, refund any part of the security posted by the permittee that is not applied pursuant to this Part.

Public register

72. (1) A board shall maintain at its main office, in such form as is prescribed by the regulations, a register convenient for use by the public in which shall be entered, for each application received and each permit issued, the information prescribed by the regulations.

Register to be open to inspection

(2) The register shall be open to inspection by any person during normal business hours of the board, subject to the payment of any fee prescribed by the regulations.

Copies of contents of register

(3) A board shall, on request and on payment of the fee prescribed by the regula tions, make available copies of information contained in the register.

Aboriginal Water Rights

Wildlife harvesting and traditional use

73. Notwithstanding sections 8 and 9 of the Northwest Territories Waters Act, the Gwich'in First Nation and the Sahtu First Nation have the right to use waters or to deposit waste without a licence for purposes of trapping and non-commercial wildlife har vesting other than trapping, for purposes of transportation related to those activities and for traditional heritage, cultural and spiritual purposes.

Exclusive right

74. Notwithstanding section 4 of the North west Territories Waters Act, the Gwich'in First Nation and the Sahtu First Nation 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 and that Act.

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.

Issuance of licences, etc.

76. A board may issue 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 reason ably satisfy the requirements of the appli cant;

    (b) there are no reasonable measures by which the applicant could avoid the inter ference; and

    (c) in the case of a licence, the requirements of section 77 are satisfied.

Compensation

Conditions for issuing licence

77. A board may not issue 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 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).

Application to water authority

78. (1) Where a board established for a settlement area 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 outside the settlement area, or

    (b) a national park to which the National Parks Act applies, or lands acquired pur suant to the Historic Sites and Monuments Act, in the settlement area

would be likely to substantially alter the quali ty, 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 adja cent to those first nation lands, the board shall notify the water authority in writing of its de termination.

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 determina tion 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).

Referral of compensation to board

79. (1) If a compensation agreement re ferred to in section 77 or 78 is not entered into within the period allowed by the rules of the board, the applicant or the first nation may apply to the board for a determination of compensation.

Determi-
nation of compensation

(2) On an application pursuant to subsection (1), the board shall determine the compensa tion payable in respect of the proposed use of waters or deposit of waste, taking into consid eration

    (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, or

      (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.

Access to Construction Materials

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 territo rial government that requests the same where no alternate source of supply is reasonably available in the surrounding area.

Compensa-
tion

(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 depart ment or agency requesting the supply or access, the board 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 si tuated outside the first nation's settlement area but within the Northwest Territories, the board shall consult the resource management au thority having jurisdiction in respect of those lands before making any determination under subsection (3).

Powers and Duties of Federal Minister

Ministerial approval of type A licences

81. (1) A board may not issue a type A licence referred to in the Northwest Territories Waters Act without the approval of the federal Minister.

Notification

(2) The federal Minister shall, within thirty days after receiving a type A licence prepared by a board, notify the board whether or not the licence is approved and provide written rea sons in the notification.

Time extension

(3) The federal Minister may extend the period of thirty days allowed by subsection (2) by not more than thirty additional days.

Minister's policy directions to board

82. (1) The federal Minister may, after consultation with a board, give written policy directions binding on the board with respect to the exercise of any of its functions under this Part.

Limitation

(2) Except as provided by subsection (3), policy directions do not apply in respect of any application that, at the time the directions are given, is pending before a board or has been approved by a board and is awaiting approval under section 81.

Exception

(3) Policy directions apply in respect of an application referred to in subsection (2) if their non-application could result in the inconsis tency of a licence, permit or authorization with another Act or with a regulation or order made under another Act.

Consultation with first nations

83. (1) The federal Minister shall consult the Gwich'in and Sahtu First Nations with respect to the amendment of the Northwest Territories Waters Act or regulations made under that Act.

Consultation with boards

(2) The federal Minister shall consult the boards 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.

Enforcement

Designation of inspectors

84. (1) The federal Minister may designate qualified persons as inspectors for the pur poses of this Part so far as it relates to uses of land.

Certificate to be produced

(2) The federal Minister shall furnish every inspector with a certificate of designation, which the inspector shall produce at the request of a person in charge of any place entered by the inspector.

Inspections of land

85. (1) For the purpose of determining whether the regulations or the conditions of a permit are being complied with, an inspector may

    (a) enter, at any reasonable time, any place on land owned or occupied by a permittee to which the permit relates, and conduct such inspections as the inspector considers necessary; and

    (b) take such samples in that place as the inspector considers necessary and examine and make copies of any books, records or documents found there that the inspector believes, on reasonable grounds, contain any information relating to the use of land.

Notice to first nation

(2) Where the inspector considers it reason able to do so, an inspector shall give the Gwich'in or Sahtu First Nation prior notice of entry by the inspector on its first nation lands.

Exception for dwelling-
place

(3) An inspector may not enter any place designed to be used and being used as a permanent or temporary private dwelling- place.

Inspector's order - adverse effects of land use

86. (1) Where an inspector has reasonable grounds to believe that a permitted use of land has resulted in or is likely to result in an adverse effect on the environment, the inspec tor may, in accordance with the regulations, order the permittee in writing to take such measures as the inspector considers reason able to mitigate, remedy or prevent the adverse effect.

Inspector's order - contravention

(2) Where an inspector has reasonable grounds to believe that a permittee is contra vening the regulations or the conditions of a permit, the inspector may, in accordance with the regulations, order the permittee in writing to take such measures as the inspector consid ers reasonable in order to prevent the con travention from continuing.

Failure to take measures

(3) Where a permittee fails to take measures ordered under subsection (1) or (2), the inspector may take those measures and, for that purpose, may enter any place other than a place designed to be used and being used as a permanent or temporary private dwelling- place.

Recovery of Her Majesty's costs

(4) Any portion of the reasonable costs incurred by Her Majesty in right of Canada in the taking of measures pursuant to subsection (3) constitutes a debt due to Her Majesty recoverable from the permittee in a court of competent jurisdiction or by recourse to any security posted under section 71.

Assistance to inspectors

87. (1) The owner or person in charge of a place entered pursuant to section 85 or subsection 86(3), and every person present there, shall give an inspector all reasonable assistance to enable the inspector to carry out the inspector's functions under this Act, and shall furnish the inspector with such informa tion related to the administration of this Act as the inspector may reasonably request.

Obstruction and false statements

(2) No person shall wilfully obstruct or otherwise interfere with, or knowingly make a false or misleading statement orally or in writing to, an inspector carrying out any functions under this Act.

Review by board

88. A board shall, if so requested by a permittee, review without delay and confirm, vary or revoke an order issued by an inspector pursuant to subsection 86(1) or (2).

Notice to first nation by water inspector

89. (1) An inspector designated under the Northwest Territories Waters Act who consid ers it reasonable to do so shall give the Gwich'in or Sahtu First Nation prior notice of entry on its first nation lands.

Review of order by board

(2) A board shall, if so requested by a person who is directed to take measures pursuant to subsection 37(1) of the Northwest Territories Waters Act, review without delay and confirm, vary or revoke the direction.