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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
or under any territorial law 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, subject to any 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 or in accordance with
any applicable territorial law , 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 conferred by those
regulations on the Engineer, as defined in
those regulations, or conferred by that
territorial law on any authority specified in
it .
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| Public register
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(3) Information prescribed by
regulations made under section 90 relating
to permits referred to in subsection (1) shall
be entered in the register referred to in
subsection 72(1).
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| Regional
panels
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(4) For greater certainty, in cases
referred 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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| Existing rights
and interests
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152. Rights to the use of land under any
lease, easement or other interest in land
that was granted under the Territorial
Lands Act or the regulations made pursuant
to that Act, or under any territorial law, and
that exist on the coming into force of
sections 54 and 56 or section 99 continue in
effect, subject to the terms and conditions of
exercising those rights.
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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
Mackenzie 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
subsection (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
Northwest 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
established 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
Part 5
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157.1 Part 5 does not apply in respect of
any licence, permit or other authorization
related to an undertaking that is the subject
of a licence or permit issued before June 22,
1984, except a licence, permit or other
authorization for an abandonment,
decommissioning or other significant
alteration of the project.
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| Application of
EARP
Guidelines
Order
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158. (1) The Environmental Assessment
and Review Process Guidelines Order,
approved 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
established 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
environmental screening or initial
assessment under that Order was
commenced but not completed 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
modifications 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
Assessment Act continues to apply in respect
of a proposal for a development, as defined
in Part 5 of this Act, for which a screening
or comprehensive study was commenced
under that Act before the coming into force
of Part 5 without a determination being
made pursuant to subsection 20(1) or
section 23 or, in the case of a referral under
paragraph 23(a), pursuant to subsection
37(1), of that Act, and that determination
may only be made after the screening
report or comprehensive study report is
submitted to the Mackenzie Valley
Environmental Impact Review Board and
after consultation with that 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
referred 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
Review 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
``paragraph 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
commencement 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
subsections 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
Management 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
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
Review 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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