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| Decision by
majority
|
21. (1) A decision of a majority of the
members of a board present at a meeting is a
decision of the board.
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| Participation
by telephone
|
(2) Subject to the by-laws of a board, any
member may participate in a meeting by
means of telephone or other communications
facilities that are likely to enable all persons
participating in the meeting to hear each other,
and a member so participating is deemed to be
present at the meeting.
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| Government
information
|
22. Subject to any other federal or territorial
law, a board may obtain from any department
or agency of the federal or territorial
government any information in the possession
of the department or agency that the board
requires for the performance of its functions.
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| Enforcement
of orders
|
23. A decision or order of a board may be
made an order of the Supreme Court of the
Northwest Territories by the filing of a
certified copy of it with the registrar of the
Court, and a decision or order so filed is
enforceable in the same manner as an order of
that Court.
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| Hearings
|
24. (1) In addition to hearings that a board
is authorized or required to hold under this
Act, a board may conduct any hearings that it
considers to be desirable for the purpose of
carrying out any of its functions.
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| Coordination
|
(2) Subject to this Act, the boards shall
coordinate their respective hearings in order
to avoid duplication.
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| Judicial
powers of a
board
|
25. In proceedings before a board
established under Part 3, 4 or 5, the board has
the powers, rights and privileges of a superior
court with respect to the attendance and
examination of witnesses and the production
and inspection of documents.
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| Annual
budget
|
26. (1) A board shall in each year submit for
the consideration of the federal Minister an
operating budget for the following fiscal year.
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| Accounts
|
(2) A board shall maintain books of account
and related records in accordance with
accounting principles recommended by the
Canadian Institute of Chartered Accountants
or its successor.
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| Consolidated
financial
statements
|
(3) A board shall annually prepare
consolidated financial statements in
accordance with the accounting principles
referred to in subsection (2) and shall include
in them such supporting information or
statements as are required.
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| Audit
|
(4) The accounts, financial statements and
financial transactions of a board may be
audited by the Auditor General of Canada,
who shall make a report of the audit to the
board, which shall transmit the report to the
federal Minister.
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| Funding
|
(5) The federal Minister may establish
funding arrangements with each board
specifying the manner in which funding will
be made available pursuant to a budget
approved by the federal Minister.
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| Payment of
fees
|
27. Fees paid pursuant to any provision of
this Act or the regulations shall be deposited
to the credit of the Receiver General.
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|
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|
| Annual report
|
28. (1) A board shall, within three months
after the end of each fiscal year, submit to the
federal Minister, in such form as the Minister
may specify, a report on the activities of the
board in that year including its financial
statements for the year.
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| Publication
|
(2) The federal Minister shall make the
annual report of a board available to the
public.
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|
| By-laws
|
29. A board may make by-laws respecting
the conduct and management of its internal
administrative affairs, including by-laws
providing for the maintenance at its office of
the minutes of its meetings.
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| Rules
|
30. (1) Subject to any other provisions of
this Act, a board may make rules
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|
(a) respecting its practice and procedure in
relation to applications to the board and
their disposition, including the service of
documents, the imposition of reasonable
time limits and the submission of comments
by the public; and
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|
(b) for preventing trade secrets and
information described in section 20 of the
Access to Information Act from being
disclosed or made public as a result of their
being used as evidence before the board,
including rules providing for hearings to be
held in private.
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| Publication of
notice
|
(2) Before making rules under this section,
a board shall publish notice of its intention in
the Canada Gazette and in a newspaper
circulated in the Mackenzie Valley, inviting
interested persons to submit written
representations to the board with respect to the
proposed rules within thirty days after the
publication of notice.
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| No further
notice
|
(3) Where notice is published under
subsection (2), further notice need not be
published if the proposed rules are amended
solely in response to representations
submitted to the board.
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|
| Statutory
Instruments
Act
|
31. (1) Sections 3, 5 and 11 of the Statutory
Instruments Act do not apply in respect of
rules under section 30, a land use plan or
amendment thereto under Part 2, rules under
subsection 49(2), guidelines or policies under
section 65, policy directions under subsection
82(1), directions under section 106 or
guidelines under section 120.
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|
| Notice in
Canada
Gazette
|
(2) A notice shall be published in the
Canada Gazette immediately after policy
directions are received by a board, a land use
plan or amendment thereto is approved, or any
other instrument referred to in subsection (1)
is made or issued, stating that copies thereof
are available to the public at the main office of
the board and at such other locations as the
board considers appropriate.
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|
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|
| Jurisdiction
|
32. Notwithstanding the exclusive
jurisdiction referred to in section 18 of the
Federal Court Act, the Attorney General of
Canada or anyone directly affected by the
matter in respect of which relief is sought may
make an application to the Supreme Court of
the Northwest Territories for any relief against
a board by way of an injunction or declaration
or by way of an order in the nature of
certiorari, mandamus, quo warranto or
prohibition.
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|
|
| Definition of
``planning
board''
|
33. In this Part, ``planning board'' means
the Gwich'in Land Use Planning Board or the
Sahtu Land Use Planning Board established
by sections 36 and 38, respectively.
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| Application of
Part 2
|
34. Subject to subsection 46(2), this Part
does not apply in respect of lands in a
settlement area that comprise a national park
to which the National Parks Act applies, that
have been acquired pursuant to the Historic
Sites and Monuments Act or that are situated
within the boundaries of a local government.
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|
| Guiding
principles
|
35. Land use planning for a settlement area
shall be guided by the following principles:
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|
|
(a) the purpose of land use planning is to
protect and promote the social, cultural and
economic well-being of residents and
communities in the settlement area, having
regard to the interests of all Canadians;
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|
|
(b) special attention shall be devoted to the
rights of the Gwich'in and Sahtu First
Nations under their land claim agreements,
to protecting and promoting their social,
cultural and economic well-being and to the
lands used by them for wildlife harvesting
and other resource uses; and
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|
|
(c) land use planning must involve the
participation of the first nation and of
residents and communities in the settlement
area.
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|
|
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|
| Board
established
|
36. (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 Use Planning Board.
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|
| 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
appointed on the nomination of the territorial
Minister.
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|
| 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.
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|
| Main office
|
37. The main office of the Board shall be
located in the settlement area referred to in the
Gwich'in Agreement.
|
|
|
|
|
|
| Board
established
|
38. (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 Use Planning 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.
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|
| Main office
|
39. The main office of the Board shall be
located in the settlement area referred to in the
Sahtu Agreement.
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|
|
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|
| Objectives
and other
factors
|
40. The planning board for a settlement area
shall, after consultation with the federal
Minister, the territorial Minister and the first
nation of the settlement area, determine the
objectives to be considered and the other
factors to be taken into account in the
preparation of a land use plan for the
settlement area.
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|
| Preparation of
land use plan
|
41. (1) A planning board shall prepare and
adopt a land use plan for submission and
approval under section 43.
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|
| Purpose of
land use plan
|
(2) A land use plan shall provide for the
conservation, development and use of land,
waters and other resources in a settlement
area.
|
|
| Contents of
land use plan
|
(3) A land use plan may include
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|
|
|
(a) maps, diagrams and other graphic
materials;
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|
|
|
(b) written statements, policies, guidelines
and forecasts;
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|
|
|
(c) descriptions of permitted and prohibited
uses of land, waters and resources;
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|
|
(d) authority for the planning board to make
exceptions to the plan and the manner of
exercising that authority; and
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|
|
(e) any other information that the planning
board considers appropriate.
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|
| Settlement
lands
|
(4) A planning board shall take into
consideration a land use plan proposed by the
first nation for its settlement lands in the
settlement area, and may incorporate that plan
into the land use plan for the settlement area.
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|
| Public notice
|
42. (1) A planning board shall publish in the
settlement area and in adjoining settlement
areas in the Mackenzie Valley a notice
inviting interested persons to examine at
specified times and places a draft of the land
use plan prepared by it.
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|
| Public
hearings
|
(2) A planning board may hold public
hearings in relation to a proposed land use plan
after publishing in the settlement area and in
adjoining settlement areas in the Mackenzie
Valley a notice specifying the times and places
of the hearings and the procedure to be
followed.
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|
| Submission to
first nation
and Ministers
|
43. (1) Following the adoption of a land use
plan, the planning board shall submit it to the
first nation of the settlement area, the
territorial Minister and the federal Minister.
|
|
| Approval by
first nation
|
(2) Where a first nation approves a land use
plan, it shall notify the federal Minister and
the territorial Minister in writing of the
approval.
|
|
| Territorial
approval
|
(3) On being notified pursuant to subsection
(2), the territorial Minister may approve the
land use plan, and in that case shall notify the
first nation and the federal Minister in writing.
|
|
| Federal
approval
|
(4) On being notified under subsections (2)
and (3), the federal Minister may approve the
land use plan, which takes effect on the date of
its approval by the federal Minister.
|
|
| Objections to
plan
|
(5) Where a party to which a land use plan
is submitted does not approve the plan, that
party shall notify the other parties and the
planning board, in writing, of the reasons for
not approving the plan.
|
|
| Reconsiderati
on of plan
|
(6) After a planning board has considered
any reasons provided to it under subsection (5)
and made any modifications to the land use
plan that it considers desirable, it shall submit
the plan for approval as provided in subsection
(1).
|
|
| Functions
after plan
approval
|
44. Subsequent to the approval of a land use
plan, a planning board shall
|
|
|
|
(a) monitor the implementation of the plan;
and
|
|
|
|
(b) where so authorized by the plan,
consider applications for exceptions to the
plan.
|
|
| Cooperative
planning
|
45. (1) The planning board for a settlement
area may cooperate with any body responsible
for land use planning in any other area, either
within or outside the Northwest Territories,
that is adjacent to the settlement area.
|
|
| Joint land use
plans
|
(2) A planning board may, in conjunction
with a body referred to in subsection (1),
prepare a land use plan for the settlement area
and an adjacent area of the Mackenzie Valley,
which shall be subject to the requirements of
this Part in respect of the portion of the plan
relating to the settlement area.
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