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PART 7 |
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TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE |
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Transitional Provisions |
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| Existing
permits
continued
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151. (1) Permits issued under regulations
made pursuant to the Territorial Lands Act
respecting a use of land in a settlement area,
or in any other portion of the Mackenzie
Valley, that exist on the coming into force of
sections 54 and 56 or section 99, as the case
may be, continue in effect after that section
comes into force, subject to the terms and
conditions attached to those permits.
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| Permits under
former law
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(2) A board established by section 54 or
56, or by section 99, may, in accordance
with regulations made pursuant to the
Territorial Lands Act, amend, renew or
cancel a permit referred to in subsection (1)
and issued in respect of a settlement area or
other portion of the Mackenzie Valley, as
the case may be, or approve the assignment
of such a permit and may, in relation to such
a permit, carry out any other power con
ferred by those regulations on the Engineer,
as defined in those regulations.
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| Public register
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(3) Information prescribed by regula
tions made under section 90 relating to
permits referred to in subsection (1) shall be
entered in the register referred to in subsec
tion 72(1).
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| Regional
panels
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(4) For greater certainty, in cases re
ferred to in subsection 102(2), the powers
conferred by this section on the Board
established by section 99 shall be carried
out by the appropriate regional panel of the
Board and applications for that purpose
shall be made to that regional panel.
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| Nonconfor- ming land uses
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152. (1) The holder of any right or
interest in land whose use of land did not
require a permit under regulations made
pursuant to the Territorial Lands Act shall,
where that use requires a permit under
regulations made under section 90, apply
for a permit in accordance with Part 3 or 4
within six months after the coming into
force of section 54, 56 or 99, as the case may
be.
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| Pending
applications
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(2) Where application is made for a
permit pursuant to subsection (1), the
applicant is relieved from compliance with
regulations made under section 90 until the
application is disposed of under Part 3 or 4,
as the case may be.
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| Existing
licences
continued
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153. Licences issued under the Northwest
Territories Waters Act respecting a use of
waters or deposit of waste in a settlement
area, or in another portion of the Macken
zie Valley, that exist on the coming into
force of sections 54 and 56 or of section 99,
continue in effect and are deemed to be
licences within the meaning of Part 3 or 4,
as the case may be.
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| Pending
applications
for permits
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154. (1) An application made before the
coming into force of sections 54 and 56 or of
section 99 under regulations made pursuant
to the Territorial Lands Act in respect of a
use of land in a settlement area or in another
portion of the Mackenzie Valley, as the case
may be, shall be disposed of under those
regulations as they read at the time of the
application.
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| Deeming
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(2) A permit or an amendment thereto or
renewal thereof issued pursuant to such an
application is deemed to have been issued
by the appropriate board under Part 3 or 4,
as the case may be.
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| Pending
applications
for licences
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155. (1) An application made before the
coming into force of sections 54 and 56 or of
section 99 under the Northwest Territories
Waters Act in respect of a use of waters or
deposit of waste in a settlement area or in
another portion of the Mackenzie Valley, as
the case may be, shall be disposed of under
that Act as it read at the time of the
application where a notice of hearing was
published in respect of the application
under subsection 23(2) of that Act before
the coming into force of that section.
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| Deeming
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(2) A licence or an amendment thereto or
renewal thereof issued pursuant to subsec
tion (1) is deemed to have been issued by the
appropriate board under Part 3 or 4, as the
case may be.
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| Where no
notice of
hearing
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(3) Where a notice of hearing was not
issued under subsection 23(2) of the North
west Territories Waters Act in respect of an
application referred to in subsection (1), the
application shall be disposed of by the
appropriate board under Part 3 or 4, as the
case may be.
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| Transfer of
records
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(4) The Northwest Territories Water
Board shall transfer to the boards estab
lished by Parts 3 and 4 its records relating
to applications to which subsection (3)
applies and shall provide those boards with
any other information in its possession that
is required by them in the consideration of
those applications.
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| Permit outside
jurisdiction of
boards
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156. Where a use of land is proposed,
prior to the coming into force of section 99,
in a portion of the Mackenzie Valley not
within a settlement area, that would but for
this section require a permit under Part 3,
an application shall be made for a permit
under the regulations made pursuant to the
Territorial Lands Act as if the regulations
under Part 3 did not apply in that portion of
the Mackenzie Valley.
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| Inspectors
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157. (1) A person acting, before the
coming into force of section 84, as an
inspector for the purposes of regulations
made pursuant to the Territorial Lands Act
is deemed to be an inspector designated
under that section.
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| Existing
permits
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(2) In relation to permits applicable in the
Mackenzie Valley issued under regulations
made pursuant to the Territorial Lands Act,
an inspector designated pursuant to section
84 may exercise the powers of inspection
conferred by those regulations.
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| Application of
EARP
Guidelines
Order
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158. (1) The Environmental Assessment
and Review Process Guidelines Order, ap
proved by Order in Council P.C. 1984-2132
of June 21, 1984, and registered as
SOR/84-467, continues to apply in respect
of any proposal for a development, as
defined in Part 5 of this Act, that is, on the
coming into force of that Part, before an
environmental assessment panel estab
lished pursuant to that Order.
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| Application of
EARP
Guidelines
Order
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(2) The Order referred to in subsection
(1) continues to apply in respect of any
proposal for a development, as defined in
Part 5 of this Act, for which an environmen
tal screening or initial assessment under
that Order was commenced but not com
pleted before the coming into force of Part
5, but on the referral of any such proposal
to the Minister of the Environment for
public review pursuant to section 20 of that
Order, Part 5 applies in respect of the
proposal as if an environmental impact
review of the proposal had been ordered
under paragraph 130(1)(a) with such modi
fications as may be required.
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| Application of
Canadian
Environ- mental Assessment Act
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159. (1) The Canadian Environmental
Assessment Act continues to apply in respect
of a proposal for a development, as defined
in Part 5 of this Act, that was referred
before the coming into force of that Part to
a mediator or a review panel pursuant to
subsection 29(1) of that Act.
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| Screening or
comprehen- sive study
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(2) The Canadian Environmental Assess
ment Act continues to apply in respect of a
proposal for a development, as defined in
Part 5 of this Act, for which a screening
report or comprehensive study report was
prepared before the coming into force of
Part 5, but a determination pursuant to
subsection 20(1) or section 23 of that Act
may only be made after consultation with
the Mackenzie Valley Environmental Im
pact Review Board.
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| Application of
Part 5
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(3) Where a responsible authority, within
the meaning of the Canadian Environmental
Assessment Act, or the Minister of the
Environment, in relation to a project re
ferred to in subsection (2), takes the course
of action pursuant to paragraph 20(1)(c) or
23(b) of that Act, as the case may be, the
project is thereby referred to the federal
Minister and the responsible Ministers,
within the meaning of Part 5, who shall
make a determination in accordance with
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Consequential Amendments |
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| R.S., c. A-1
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Access to Information Act
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160. (1) Schedule I to the Access to
Information Act is amended by adding the
following in alphabetical order under the
heading ``Other Government Institutions'':
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Gwich'in Land Use Planning Board
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Gwich'in Land and Water Board
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Mackenzie Valley Environmental Impact Re
view Board
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Sahtu Land and Water Board
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Sahtu Land Use Planning Board
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(2) Schedule I to the Act is amended by
adding the following in alphabetical order
under the heading ``Other Government
Institutions'':
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Mackenzie Valley Land and Water Board
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161. Schedule II to the Act is amended by
adding, in alphabetical order, a reference to
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Mackenzie Valley Resource Management Act
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and, opposite thereto, a reference to ``para
graph 30(1)(b)''.
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| 1992, c. 37
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Canadian Environmental Assessment Act
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162. Section 28 of the Canadian Environ
mental Assessment Act is renumbered as
subsection 28(1) and is amended by adding
the following:
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| Mackenzie
Valley
Resource
Management
Act
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(2) Where a proposal is referred pursuant to
paragraph 130(1)(c) of the Mackenzie Valley
Resource Management Act, the Minister shall
refer the proposal to a review panel.
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163. (1) Section 40 of the Act is amended
by adding the following after subsection (2):
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| Mackenzie
Valley
Resource
Management
Act
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(2.1) Subject to section 41, where the
Minister is required by subsection 28(2) to
refer a proposal to a review panel, the Minister
and the Mackenzie Valley Environmental
Impact Review Board shall, in writing, jointly
establish a review panel and prescribe the
manner of its examination of the impact of the
proposal on the environment.
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(2) Subsection 40(4) of the Act is replaced
by the following:
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| Publication of
agreement for
joint panel
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(4) Any agreement or arrangement referred
to in subsection (2) or (3), and any document
establishing a review panel under subsection
(2.1), shall be published before the com
mencement of the hearings conducted by the
review panel.
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| 1993, c. 34, s.
32 (F)
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164. The portion of section 41 of the Act
before paragraph (a) is replaced by the
following:
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| Conditions
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41. An agreement or arrangement entered
into pursuant to subsection 40(2) or (3), and
any document establishing a review panel
under subsection 40(2.1) , shall provide that
the assessment of the environmental effects of
the project shall include a consideration of the
factors required to be considered under sub
sections 16(1) and (2) and be conducted in
accordance with any additional requirements
and procedures set out in the agreement and
shall provide that
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| 1992, c. 39
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Northwest Territories Waters Act
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165. (1) The headings before section 3 of
the Northwest Territories Waters Act are
replaced by the following:
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GENERAL |
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Application |
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| National parks
and historic
sites
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2.1 (1) This Act does not apply in respect of
the use of waters or the deposit of waste in a
national park to which the National Parks Act
applies, or on any land acquired for the
purposes of the Historic Sites and Monuments
Act, that is situated within a settlement area for
which a land and water board is established by
Part 3 of the Mackenzie Valley Resource
Management Act.
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| Mackenzie
Valley
settlement
areas
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(2) Sections 10 to 13, subsection 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 this Act, sections 27
and 28 and subsection 37(2) do not apply in
respect of a settlement area referred to in
subsection (1).
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| Mackenzie
Valley
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(3) Section 31 does not apply in respect of
first nation lands within the meaning of Part 3
of the Mackenzie Valley Resource Manage
ment Act.
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(2) Subsections 2.1(1) and (2) of the Act,
as enacted by subsection (1), are replaced
by the following:
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| National parks
and historic
sites
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2.1 (1) This Act does not apply in respect of
the use of waters or the deposit of waste in a
national park, or a reserve for a national park,
to which the National Parks Act applies, or on
any land acquired for the purposes of the
Historic Sites and Monuments Act, that is
situated within the Mackenzie Valley, as
defined in section 2 of the Mackenzie Valley
Resource Management Act.
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| Mackenzie
Valley
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(2) Sections 10 to 13, subsection 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 this Act, sections 27
and 28 and subsection 37(2) do not apply in
respect of the Mackenzie Valley, as defined in
section 2 of the Mackenzie Valley Resource
Management Act.
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166. Subsection 14(4) of the Act is
amended by adding the following after
paragraph (b):
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| R.S., c. P-21
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Privacy Act
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167. (1) The schedule to the Privacy Act is
amended by adding the following in alpha
betical order under the heading ``Other
Government Institutions'':
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Gwich'in Land Use Planning Board
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Gwich'in Land and Water Board
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Mackenzie Valley Environmental Impact Re
view Board
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Sahtu Land and Water Board
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Sahtu Land Use Planning Board
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(2) The schedule to the Act is amended by
adding the following in alphabetical order
under the heading ``Other Government
Institutions'':
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Mackenzie Valley Land and Water Board
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