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| 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
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(a) the territorial Minister, in the case of
land of which the Commissioner of the
Northwest Territories has administration
and control;
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(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
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(c) the owner of the land, in any other case.
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| Delegation to
staff
|
70. A board may, by instrument of
delegation, specify permits from among a
class prescribed by the regulations that an
employee of the Board named in the
instrument may issue, amend or renew and
whose assignment the employee may
approve.
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| 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
regulations.
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| Notice
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(2) The federal Minister shall notify a board
of the posting of security so required.
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| Application of
security
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(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.
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| Liability not
limited
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(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.
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| Refund of
security
|
(5) The federal Minister shall, in
accordance with the regulations, refund any
part of the security posted by the permittee
that is not applied pursuant to this Part.
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| Public register
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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.
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| 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.
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| Copies of
contents of
register
|
(3) A board shall, on request and on
payment of the fee prescribed by the
regulations, make available copies of
information contained in the register.
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| 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
harvesting other than trapping, for purposes of
transportation related to those activities and
for traditional heritage, cultural and spiritual
purposes.
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| Exclusive
right
|
74. Notwithstanding section 4 of the
Northwest 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.
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| 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.
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| 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
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(a) there is no alternative that could
reasonably satisfy the requirements of the
applicant;
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(b) there are no reasonable measures by
which the applicant could avoid the
interference; and
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(c) in the case of a licence, the requirements
of section 77 are satisfied.
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| Conditions for
issuing
licence
|
77. A board may not issue a licence
pursuant to section 76 unless
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(a) the applicant and the first nation enter
into an agreement to compensate the first
nation for any loss or damage resulting from
any substantial 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
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(b) the applicant or the first nation applies
to the board for a determination pursuant to
subsection 79(1).
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| 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
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(a) an area of the Northwest Territories
outside the settlement area, or
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(b) a national park to which the National
Parks Act applies, or lands acquired
pursuant to the Historic Sites and
Monuments Act, in the settlement area
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would be likely to substantially alter the
quality, 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
adjacent to those first nation lands, the board
shall notify the water authority in writing of its
determination.
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| 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
determination under subsection (1).
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| 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
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(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
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|
(b) the applicant or the first nation applies
to the board for a determination pursuant to
subsection 79(1).
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| Referral of
compensation
to board
|
79. (1) If a compensation agreement
referred 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.
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| Determination
of
compensation
|
(2) On an application pursuant to subsection
(1), the board shall determine the
compensation payable in respect of the
proposed use of waters or deposit of waste,
taking into consideration
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(a) the effect of the proposed use or deposit
on
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(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
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(ii) its first nation lands, taking into
account any cultural or special value of
those lands to the first nation;
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(b) the nuisance or inconvenience to the
first nation, including noise, that may result
on first nation lands;
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(c) the effect on wildlife harvesting carried
on by the first nation; and
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(d) any other factor that the board considers
relevant in the circumstances.
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| 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
territorial government that requests the same
where no alternate source of supply is
reasonably available in the surrounding area.
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| Compensation
|
(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.
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| Reference to
board
|
(3) On application by the person or
department or agency requesting the supply or
access, the board shall
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(a) determine whether an alternate source
of supply is reasonably available in the
surrounding area; or
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(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.
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| Settlement
lands outside
settlement
area
|
(4) Where first nation lands from which
construction materials are requested are
situated outside the first nation's settlement
area but within the Northwest Territories, the
board shall consult the resource management
authority having jurisdiction in respect of
those lands before making any determination
under subsection (3).
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| 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.
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| 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
reasons in the notification.
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| Time
extension
|
(3) The federal Minister may extend the
period of thirty days allowed by subsection (2)
by not more than thirty additional days.
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| 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.
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| 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.
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| Exception
|
(3) Policy directions apply in respect of an
application referred to in subsection (2) if their
non-application could result in the
inconsistency of a licence, permit or
authorization with another Act or with a
regulation or order made under another Act.
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| 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.
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| 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.
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| Designation
of inspectors
|
84. (1) The federal Minister may designate
qualified persons as inspectors for the
purposes of this Part so far as it relates to uses
of land.
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| 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.
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| 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
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(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
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(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.
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| Notice to first
nation
|
(2) Where the inspector considers it
reasonable 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.
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| Exception for
dwelling-plac
e
|
(3) An inspector may not enter any place
designed to be used and being used as a
permanent or temporary private
dwelling-place.
|
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| 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
inspector may, in accordance with the
regulations, order the permittee in writing to
take such measures as the inspector considers
reasonable to mitigate, remedy or prevent the
adverse effect.
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| Inspector's
order -
contravention
|
(2) Where an inspector has reasonable
grounds to believe that a permittee is
contravening 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
considers reasonable in order to prevent the
contravention from continuing.
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| 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.
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| 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.
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|
| 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
information related to the administration of
this Act as the inspector may reasonably
request.
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|
| 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
considers it reasonable to do so shall give the
Gwich'in or Sahtu First Nation prior notice of
entry on its first nation lands.
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|
| 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.
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