1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-6

An Act to provide for an integrated system of land and water management in the Mackenzie Valley, to establish certain boards for that purpose and to make consequential amendments to other Acts

Preamble

WHEREAS the Gwich'in Comprehensive Land Claim Agreement and the Sahtu Dene and Metis Comprehensive Land Claim Agreement require the establishment of land use planning boards and land and water boards for the settlement areas referred to in those Agreements and the establishment of an environmental impact review board for the Mackenzie Valley, and provide as well for the establishment of a land and water board for an area extending beyond those settlement areas;

WHEREAS the Agreements require that those boards be established as institutions of public government within an integrated and coordinated system of land and water management in the Mackenzie Valley;

AND WHEREAS the intent of the Agreements as acknowledged by the parties is to establish those boards for the purpose of regulating all land and water uses, including deposits of waste, in the settlement areas for which they are established or in the Mackenzie Valley, as the case may be;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Mackenzie Valley Resource Management Act.

INTERPRETATION

Definitions

2. The definitions in this section apply in this Act.

``deposit of waste''
« dépôt de déchets »

``deposit of waste'' means a deposit of waste described in subsection 9(1) of the Northwest Territories Waters Act.

``environment ''
« environne-
ment »

``environment'' means the components of the Earth and includes

      (a) land, water and air, including all layers of the atmosphere;

      (b) all organic and inorganic matter and living organisms; and

      (c) the interacting natural systems that include components referred to in paragraphs (a) and (b).

``federal Minister''
« ministre fédéral »

``federal Minister'' means the Minister of Indian Affairs and Northern Development.

``first nation''
« première nation »

``first nation'' means the Gwich'in First Nation, the Sahtu First Nation or bodies representing other Dene or Metis of the North Slave, South Slave or Deh Cho region of the Mackenzie Valley.

``Gwich'in Agreement''
« accord gwich'in »

``Gwich'in Agreement'' means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich'in as represented by the Gwich'in Tribal Council, signed on April 22, 1992 and approved, given effect and declared valid by the Gwich'in Land Claim Settlement Act, as that Agreement is amended from time to time in accordance with its provisions.

``Gwich'in First Nation''
« première nation des Gwich'in »

``Gwich'in First Nation'' means the Gwich'in as represented by the Gwich'in Tribal Council referred to in the Gwich'in Agreement or by any successor to it.

``harvesting''
« exploita-
tion »

``harvesting'', in relation to wildlife, means hunting, trapping or fishing activities carried on in conformity with a land claim agreement or, in respect of persons and places not subject to a land claim agreement, carried on pursuant to aboriginal or treaty rights.

``heritage resources''
« ressources patrimo-
niales »

``heritage resources'' means archaeological or historic sites, burial sites, artifacts and other objects of historical, cultural or religious significance, and historical or cultural records.

``land claim agreement''
« accord de revendica-
tion »

``land claim agreement'' means the Gwich'in Agreement or the Sahtu Agreement.

``local government''
« adminis-
tration locale »

``local government'' means any local government established under the laws of the Northwest Territories, including a city, town, village, hamlet, charter community or settlement, whether incorporated or not, and includes the territorial government acting in the place of a local government pursuant to those laws.

``Mackenzie Valley''
« vallée du Mackenzie »

``Mackenzie Valley'' means that part of the Northwest Territories bounded on the south by the 60th parallel of latitude, on the west by the Yukon Territory, on the north by the Inuvialuit Settlement Region, as defined in the Agreement given effect by the Western Arctic (Inuvialuit) Claims Settlement Act, and on the east by the Nunavut Settlement Area, as defined in the Nunavut Land Claims Agreement Act, but does not include Wood Buffalo National Park.

``Sahtu Agreement''
« accord du Sahtu »

``Sahtu Agreement'' means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Sahtu Dene and Metis as represented by the Sahtu Tribal Council, signed on September 6, 1993 and approved, given effect and declared valid by the Sahtu Dene and Metis Land Claim Settlement Act, as that Agreement is amended from time to time in accordance with its provisions.

``Sahtu First Nation''
« première nation du Sahtu »

``Sahtu First Nation'' means the Sahtu Dene and Metis as represented by The Sahtu Secretariat Incorporated, a corporation without share capital under Part II of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, being the successor, for the purposes of this Act, to the Sahtu Tribal Council referred to in the Sahtu Agreement, or by any successor to that corporation.

``settlement area''
« région désignée »

``settlement area'' means a portion of the Mackenzie Valley to which a land claim agreement applies.

``settlement lands''
« terres désignées »

``settlement lands'' means lands referred to as settlement lands in a land claim agreement.

``territorial government''
« gouverne-
ment territorial »

``territorial government'' means the government of the Northwest Territories.

``territorial Minister''
« ministre territorial »

``territorial Minister'', in relation to any provision of this Act, means the minister of the territorial government designated by instrument of the Executive Council of the Northwest Territories for the purposes of that provision.

Consultation

3. Wherever in this Act reference is made, in relation to any matter, to a power or duty to consult, that power or duty shall be exercised

    (a) by providing, to the party to be consulted,

      (i) notice of the matter in sufficient form and detail to allow the party to prepare its views on the matter,

      (ii) a reasonable period for the party to prepare those views, and

      (iii) an opportunity to present those views to the party having the power or duty to consult; and

    (b) by considering, fully and impartially, any views so presented.

Delegation to territorial Minister

4. (1) The federal Minister may, by instrument in writing, delegate to the minister of the territorial government responsible for renewable resources any of the federal Minister's functions under this Act, either generally or as otherwise provided in the instrument of delegation.

Included functions

(2) The functions of the federal Minister referred to in subsection (1) include the power to delegate duties pursuant to section 122.

Delegation to aboriginal organizations

(3) A first nation may, in conformity with its land claim agreement, delegate any of the functions of the first nation under this Act to an aboriginal organization designated by it.

Conflict

5. (1) Where there is any inconsistency or conflict between this Act and a land claim agreement, an Act giving effect to a land claim agreement or the Indian Act, the agreement, the Act or the Indian Act prevails over this Act to the extent of the inconsistency or conflict.

Aboriginal rights

(2) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

APPLICATION AND CONSULTATION

Application

6. Except where otherwise provided, this Act applies in the Mackenzie Valley.

Application to Her Majesty

7. This Act is binding on Her Majesty in right of Canada or a province.

Consultation

8. (1) The federal Minister shall consult the first nations with respect to the amendment of this Act.

Review of Act

(2) The federal Minister shall, in the course of any negotiations with a first nation relating to self-government, review the pertinent provisions of this Act in consultation with that first nation.

PART 1

GENERAL PROVISIONS RESPECTING BOARDS

Establishment and Organization

Definition of ``board''

9. In this Part, ``board'' means any board established by this Act.

Purpose

9.1 The purpose of the establishment of boards by this Act is to enable residents of the Mackenzie Valley to participate in the management of its resources for the benefit of the residents and of other Canadians.

Capacity

10. A board has, for the purposes of its functions, the capacity, rights, powers and privileges of a natural person.

Appointment of members by federal Minister

11. (1) The members of a board, other than the chairperson and any special members appointed under section 15, shall be appointed by the federal Minister and, to the extent provided in Parts 2 to 5, shall be nominated by a first nation or the territorial Minister or following consultation with first nations.

Alternate members

(2) The federal Minister may appoint

    (a) alternate members selected from persons nominated for that purpose by a first nation, or selected following consultation with first nations, to act in the event of the absence or incapacity of members appointed on such nomination or following such consultation, respectively; and

    (b) alternate members agreed to by the territorial Minister to act in the event of the absence or incapacity of members other than members referred to in paragraph (a).

Chairperson

12. (1) The chairperson of a board shall be appointed by the federal Minister from persons nominated by a majority of the members.

Appointment by federal Minister

(2) If a majority of the members does not nominate a person acceptable to the federal Minister within a reasonable time, the Minister may appoint any person as chairperson of the board.

Absence or incapacity of chairperson

(3) The board may designate a member to act as its chairperson during the absence or incapacity of the chairperson or a vacancy in the office of chairperson, and that person while so acting may exercise the powers and shall perform the duties of the chairperson.

Duties of chairperson

13. The chairperson of a board is its chief executive officer and has the powers and duties prescribed by the by-laws of the board.

Term of office

14. (1) A member of a board holds office for a term of three years.

Reappoint-
ment

(2) A member may be reappointed in the same or another capacity.

Removal after consultation

(3) A member may not be removed from office except after consultation by the federal Minister with the board and, where applicable, with the territorial Minister or the first nation that nominated the member.

Nominations by other aboriginal groups

15. (1) In any case where the Gwich'in Agreement or Sahtu Agreement provides a right of representation, in respect of a decision of a board, to aboriginal persons who are party to an agreement with Her Majesty in right of Canada for the settlement of a claim to lands in the Northwest Territories adjacent to the Mackenzie Valley, those aboriginal persons may nominate a person for appointment as a special member of the board.

Nominations by Ministers

(2) Where a nomination is made pursuant to subsection (1), the federal and territorial Ministers may nominate another person for appointment as a special member of the board for the purpose of maintaining the proportion, under any other provision of this Act, of members appointed to the board on the nomination of or following consultation with first nations and other members of the board.

Appointment of nominees

(3) Notwithstanding any provision of this Act respecting the number of persons who may be members of a board, a person nominated pursuant to subsection (1) or (2) shall be appointed by the board as a special member to act in relation to the decision referred to in subsection (1).

Conflict of interest

16. (1) A member of a board may not act in relation to an application to the board or participate in a decision of the board that would place the member in a material conflict of interest.

Status or entitlements under agreement

(2) A member of a board is not placed in a material conflict of interest merely because of any status or entitlement conferred on the member under the Gwich'in Agreement or Sahtu Agreement or under any other agreement between a first nation and Her Majesty in right of Canada for the settlement of a claim to lands.

Remunera-
tion

17. (1) Members of a board, other than special members referred to in section 15, shall be paid such fees or other remuneration as the federal Minister may fix.

Expenses

(2) Such members shall be paid such travel and living expenses, incurred by them while absent from their ordinary place of residence in the course of performing their duties, as are consistent with directives of the Treasury Board.

Staff

18. (1) A board may employ such persons and engage the services of such agents, advisers and experts as are necessary for the proper conduct of its business and may fix the conditions of their employment or engagement and pay their remuneration.

Sharing of staff and facilities

(2) The boards may share staff and facilities with one another for the effective and efficient conduct of their affairs.

Benefits

19. The members of a board and its employees are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.

Protection from personal liability

20. The members and employees of a board are not liable for anything done or omitted to be done in good faith in the exercise or purported exercise of any powers under this Act.