Bill C-6
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
Compliance with Plans |
|
First nations,
governments
and licensing
bodies
|
46. (1) The Gwich'in and Sahtu First
Nations, departments and agencies of the
federal and territorial governments, and every
body having authority under any federal or
territorial law to issue licences, permits or
other authorizations relating to the use of land
or waters or the deposit of waste, shall carry
out their powers in accordance with the land
use plan applicable in a settlement area.
|
|
National parks
and historic
sites
|
(2) In particular, measures carried out by a
department or agency of government leading
to the establishment of a national park subject
to the National Parks Act, and the acquisition
of lands pursuant to the Historic Sites and
Monuments Act, in a settlement area shall be
carried out in accordance with the applicable
land use plan.
|
|
Determi- nation of conformity
|
47. (1) A planning board shall determine
whether an activity is in accordance with a
land use plan where
|
|
|
|
|
|
|
|
Time of
referral
|
(2) The referral or application must be made
before the issuance of any licence, permit or
other authorization required for the activity.
|
|
Transmission
of decision
|
(3) A planning board shall transmit its
decision to the first nation, department,
agency, body or person that made a referral or
application under subsection (1).
|
|
Final decision
|
(4) Subject to section 32, a decision of a
planning board under this section is final and
binding.
|
|
Amendment
of plan
|
48. (1) A planning board may, on
application or on its own motion, adopt any
amendments to a land use plan that the
planning board considers necessary.
|
|
Adoption and
approval
|
(2) Sections 42 and 43 apply, with such
modifications as are required, in respect of
any amendment to a land use plan.
|
|
Record
keeping and
access
|
49. (1) A planning board shall
|
|
|
|
|
|
|
|
|
|
|
Fees
|
(2) A planning board may, subject to the
approval of the federal Minister, make rules
prescribing fees for copies furnished pursuant
to paragraph (1)(b), not exceeding the cost of
furnishing them.
|
|
|
Comprehensive Review |
|
Periodic
review
|
50. A planning board shall carry out a
comprehensive review of a land use plan not
later than five years after the plan takes effect
and thereafter every five years or at any other
intervals agreed to by the federal Minister, the
territorial Minister and the first nation of the
settlement area.
|
|
|
PART 3 |
|
|
LAND AND WATER REGULATION |
|
|
Interpretation and Application |
|
Definitions
|
51. The definitions in this section apply in
this Part.
|
|
``board'' « office »
|
``board'' means the Gwich'in Land and Water
Board or the Sahtu Land and Water Board
established by sections 54 and 56,
respectively.
|
|
``first nation
lands'' « terres d'une première nation »
|
``first nation lands'', in relation to a first
nation, means
|
|
|
|
|
|
|
|
``land'' « terres »
|
``land'' means the surface of land.
|
|
``licence'' « permis d'utilisation des eaux »
|
``licence'' means a licence for the use of
waters or the deposit of waste, or both,
issued by a board under the Northwest
Territories Waters Act and this Part, and
``licensee'' has a corresponding meaning.
|
|
``permit'' « permis d'utilisation des terres »
|
``permit'' means a permit for the use of land
issued by a board under this Part, and
``permittee'' has a corresponding meaning.
|
|
``water
authority'' « autorité de gestion des eaux »
|
``water authority'' means a board or other
authority having jurisdiction in relation to
the use of waters or the deposit of waste in
any portion of the Northwest Territories.
|
|
``waters'' « eaux »
|
``waters'' means any inland waters, whether in
a liquid or frozen state, on or below the
surface of land.
|
|
National parks
and historic
sites
|
52. (1) This Part, except sections 78 and 79,
does not apply in respect of the use of land or
waters or the deposit of waste within a national
park to which the National Parks Act applies,
or within lands acquired pursuant to the
Historic Sites and Monuments Act.
|
|
Consultation
with board
|
(2) Notwithstanding subsection (1), an
authority responsible for authorizing uses of
land or waters or deposits of waste in a portion
of a settlement area excluded by that
subsection from the application of this Part
shall consult the board established for the
settlement area before authorizing any such
use or deposit.
|
|
Consultation
with authority
|
(3) A board established for a settlement area
shall consult a responsible authority referred
to in subsection (2) before issuing a licence,
permit or authorization for a use of land or
waters or deposit of waste that may have an
effect in the portion of the settlement area in
which the authority is responsible.
|
|
Local
government
|
53. (1) This Part does not apply in respect of
the use of land within the boundaries of a local
government to the extent that the local
government regulates that use.
|
|
Agreement
|
(2) The board established for a settlement
area and the territorial Minister shall, in
consultation with each local government,
jointly determine the extent to which the local
government regulates the use of land within its
boundaries for the purposes of subsection (1).
|
|
Dissemina- tion
|
(3) A determination under subsection (2)
shall be made available to the public at the
main office of the board and that of the local
government.
|
|
|
Gwich'in Land and Water Board |
|
Board
established
|
54. (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 and Water Board.
|
|
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.
|
|
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.
|
|
Main office
|
55. The main office of the Board shall be
located in the settlement area referred to in the
Gwich'in Agreement.
|
|
|
Sahtu Land and Water Board |
|
Board
established
|
56. (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 and Water 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.
|
|
Main office
|
57. The main office of the Board shall be
located in the settlement area referred to in the
Sahtu Agreement.
|
|
|
General Provisions |
|
Objectives
|
58. A board shall regulate the use of land
and waters and the deposit of waste so as to
provide for the conservation, development
and utilization of land and water resources in
a manner that will provide the optimum
benefit to the residents of the settlement area
and of the Mackenzie Valley and to all
Canadians.
|
|
Jurisdic- tion - land
|
59. (1) A board established for a settlement
area has jurisdiction in respect of all uses of
land in the settlement area for which a permit
is required under this Part and may, in
accordance with the regulations, issue,
amend, renew, suspend and cancel permits
and authorizations for the use of land, and
approve the assignment of permits.
|
|
Subsurface
rights
|
(2) For greater certainty, the jurisdiction of
a board under subsection (1) includes a use of
land that is required for the exercise of
subsurface rights.
|
|
Jurisdic- tion - water and waste
|
60. (1) A board established for a settlement
area has jurisdiction in respect of all uses of
waters and deposits of waste in the settlement
area for which a licence is required under the
Northwest Territories Waters Act and may
|
|
|
|
|
|
|
|
|
and, for those purposes, references in that Act
to that Board shall be read as references to the
board established for the settlement area.
|
|
Suspension
power
|
(2) A board may suspend a licence for a
specified period or until terms and conditions
specified by the board are complied with,
where the licensee contravenes a provision of
the Northwest Territories Waters Act or of this
Part or a term or condition of the licence.
|
|
Effect outside
settlement
area
|
(3) In respect of a use of waters or deposit
of waste in the settlement area that has an
effect in a region of the Northwest Territories
outside the settlement area, subsections 14(4)
and (5) of the Northwest Territories Waters Act
apply in relation to the protection of the rights
of licensees and other persons referred to in
those subsections who are in that region.
|
|
Northwest
Territories
Waters Act
|
(4) Notwithstanding subsection (1), the
following provisions of the Northwest
Territories Waters Act do not apply in respect
of a settlement area for which a board has been
established, namely, 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 that Act, sections 27 and 28 and
subsection 37(2).
|
|
Northwest
Territories
Waters Act
|
(5) Notwithstanding subsection (1), section
31 of the Northwest Territories Waters Act
does not apply in respect of first nation lands.
|
|
Conformity
with land use
plan under
Part 2
|
61. A board may not issue a licence, permit
or authorization or make an amendment to a
licence, permit or authorization except in
accordance with an applicable land use plan
under Part 2.
|
|
Require- ments of Part 5
|
62. A board may not issue a licence, permit
or authorization for the carrying out of a
proposed development within the meaning of
Part 5 unless the requirements of that Part have
been complied with, and every licence, permit
or authorization so issued shall include any
conditions that are required to be included in
it pursuant to a decision made under that Part.
|
|
Copies of
applications
|
63. (1) A board shall provide a copy of each
application made to the board for a licence or
permit to the owner of any land to which the
application relates and to appropriate
departments and agencies of the federal and
territorial governments.
|
|
Notice of
applications
|
(2) A board shall notify affected
communities or first nations of an application
made to the board for a licence or permit and
allow a reasonable period of time for them to
make representations to the board with respect
to the application.
|
|
Heritage
resources
|
64. (1) A board shall seek and consider the
advice of any affected first nation and any
appropriate department or agency of the
federal or territorial government respecting
the presence of heritage resources that might
be affected by a use of land or waters or a
deposit of waste proposed in an application for
a licence or permit.
|
|
Wildlife
resources
|
(2) A board shall seek and consider the
advice of the renewable resources board
established by the land claim agreement
applicable in the settlement area respecting
the presence of wildlife and wildlife habitat
that might be affected by a use of land or
waters or a deposit of waste proposed in an
application for a licence or permit.
|
|
Guidelines
and policies
|
65. Subject to the regulations, a board may
establish guidelines and policies respecting
licences, permits and authorizations,
including their issuance under this Part.
|
|
Copies of
licences and
permits
|
66. A board shall provide the federal
Minister with copies of licences, permits and
authorizations issued under this Part and of
decisions and orders relating to them.
|
|
Final decision
|
67. Subject to sections 32 and 81, every
decision or order of a board is final and
binding.
|
|
Recommen- dations to Minister
|
68. The board may, and at the request of the
federal Minister shall, make
recommendations to the federal Minister 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.
|
|