Bill C-15

Coming into Force

111. Section 83 and subsection 90(2) come into force on a day to be fixed by order of the Governor in Council.

PART 4

MACKENZIE VALLEY RESOURCE MANAGEMENT ACT

Amendments to the Act

112. The first paragraph of the preamble to the Mackenzie Valley Resource Management Act is replaced by the following:

113. The definitions “deposit of waste” and “territorial law” in section 2 of the Act are replaced by the following:

“deposit of waste” means a deposit of waste in any waters in the Mackenzie Valley or in any other place under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter any waters in the Mackenzie Valley.

“territorial law” means any law of the Legislature of the Northwest Territories.

114. Subsection 4(1) of the Act is replaced by the following:

4. (1) The federal Minister may delegate, in writing, any of his or her powers, duties or functions under this Act — either generally or as otherwise provided in the instrument of delegation — to the minister of the Northwest Territories designated by the Commissioner of the Northwest Territories for the purposes of this section.

115. (1) The Act is amended by adding the following after section 5.1:

5.2 (1) The failure of any of the following to exercise a power or perform a duty or function within a period or time limit fixed or prescribed under this Act does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise of such a power or the performance of such duty or function:

(a) the federal Minister;

(b) the Gwich’in Land Use Planning Board;

(c) the Sahtu Land Use Planning Board;

(d) the Gwich’in Land and Water Board;

(e) the Sahtu Land and Water Board;

(f) the Wekeezhii Land and Water Board;

(g) the Mackenzie Valley Land and Water Board;

(h) a responsible minister, as defined in section 111;

(i) the Mackenzie Valley Environmental Impact Review Board or one of its panels;

(j) a joint panel established under subsection 140(2) or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 41(2) of the Canadian Environmental Assessment Act, 2012; and

(k) a designated regulatory agency, as defined in section 111.

(2) Subsection (1) does not apply with respect to

(a) the periods fixed by regulations referred to in subsections 138.1(2), (3) and (4) and 141(4); and

(b) any other period or time limit fixed by regulations that is exempted from the application of subsection (1) by regulation.

(3) The Governor in Council may, by regulation, exempt a period or time limit set out in the regulations, other than those referred to in paragraph 2(a), from the application of subsection (1).

(2) Subsection 5.2(1) of the Act is replaced by the following:

5.2 (1) The failure of any of the following to exercise a power or perform a duty or function within a period or time limit fixed or prescribed under this Act does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise of such a power or the performance of such duty or function:

(a) the federal Minister;

(b) the Gwich’in Land Use Planning Board;

(c) the Sahtu Land Use Planning Board;

(d) the Mackenzie Valley Land and Water Board;

(e) a responsible minister, as defined in section 111;

(f) the Mackenzie Valley Environmental Impact Review Board or one of its panels;

(g) a joint panel established under subsection 140(2) or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 41(2) of the Canadian Environmental Assessment Act, 2012; and

(h) a designated regulatory agency, as defined in section 111.

116. Section 7 of the Act is replaced by following:

7. This Act is binding on Her Majesty in right of Canada or a province, except that Her Majesty in right of Canada is not required to pay any fee prescribed by regulations made under paragraph 90.3(1)(k) or subparagraph 90.3(2)(a)(i).

7.1 Subject to any rights, powers or privileges granted or preserved under the Dominion Water Power Act, the property in and the right to the use and flow of all waters are vested in Her Majesty in right of Canada.

7.2 For greater certainty, nothing in this Act, the regulations or a licence or permit, as defined in section 51, authorizes a person to contravene or fail to comply with any other Act or any regulation or order made under it, except as provided in that other Act, regulation or order.

117. Section 7.2 of the Act is replaced by the following:

7.2 For greater certainty, nothing in this Act, the regulations, a licence or permit, as defined in section 51, or a development certificate issued under section 131.3 or 137.4 or an amended certificate issued under subsection 142.21(17) authorizes a person to contravene or fail to comply with any other Act or any regulation or order made under it, except as provided in that other Act, regulation or order.

118. Section 9 of the Act is replaced by the following:

9. In this Part, “board” means any board established or continued by this Act.

119. Section 11 of the Act is replaced by the following:

11. (1) The members of a board — other than the chairperson, any member appointed under a determination under section 15 and the member appointed by the Tlicho Government under paragraph 54(2)(d) or in accordance with an agreement referred to in that paragraph —shall be appointed by the federal Minister in accordance with Parts 2 to 5.

(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).

120. Section 12 of the Act is replaced by the following:

12. (1) Except in the case of the Mackenzie Valley Land and Water Board, the chairperson of a board shall be appointed by the federal Minister from persons nominated by a majority of the members.

(2) Except in the case of the Mackenzie Valley Land and Water Board, 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.

(2.1) Subject to subsection 54(3), the chairperson of the Mackenzie Valley Land and Water Board shall be appointed by the federal Minister after the Minister seeks and considers the advice of that Board.

(2.2) Despite subsection (2.1), the federal Minister is not required to seek and consider the advice of the Mackenzie Valley Land and Water Board with respect to the first appointment of a chairperson of that Board after the day on which this subsection comes into force.

(3) Except in the case of the Mackenzie Valley Land and Water Board, a 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 and functions of the chairperson.

(4) The federal Minister may designate a member to act as chairperson of the Mackenzie Valley Land and Water Board 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 and functions of the chairperson.

121. Subsection 14(4) of the Act is replaced by the following:

(4) The member of the Mackenzie Valley Land and Water Board who has been appointed by the Tlicho Government may not be removed from office except after consultation by the Tlicho Government with the Board and the federal Minister.

122. Section 15 of the Act is replaced by the following:

15. Despite any provision of this Act respecting members of a board, if an aboriginal people has a right under a land claim agreement to representation on that board in relation to a decision of the board that might affect an area used by that aboriginal people that is outside the board’s area of jurisdiction, the board shall, in accordance with that land claim agreement, determine how to implement that right, so long as the number of members nominated by a first nation, nominated or appointed by the Tlicho Government, as the case may be, or appointed following consultation by the federal Minister with the first nations of the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii and temporarily appointed to implement that right remains equal to the number of other members not including the chairperson.

123. Subsection 17(1) of the Act is replaced by the following:

17. (1) Members of a board, including any members appointed in accordance with a determination under section 15, shall be paid the fees or other remuneration that the federal Minister may fix.

124. Section 20 of the Act is replaced by the following:

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 perform-ance or purported exercise or performance of any powers, duties or functions under this Act.

125. Section 24 of the French version of the Act is replaced by the following:

126. The portion of section 24.1 of the French version of the Act before paragraph (a) is replaced by the following:

127. Section 25 of the Act is replaced by the following:

25. In proceedings before a board continued under Part 3 or established under Part 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.

128. (1) Subsection 31(1) of the Act is replaced by the following:

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 to a land use plan under Part 2, rules under subsection 49(2), guidelines or policies under section 65, policy directions under subsection 50.1(1) or 83(1) or (2), directions under section 106, policy directions under section 109 or 109.1 or subsection 142.2(1) or guidelines under section 120.

(2) Subsection 31(1) of the Act is replaced by the following:

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 to a land use plan under Part 2, rules under subsection 49(2), guidelines or policies under section 65, policy directions under subsection 50.1(1) or 83(1) or (2) or 142.2(1) or guidelines under section 120.

(3) Subsection 31(3) of the Act is replaced by the following:

(3) For greater certainty, licences and permits issued by a board under Part 3 or 4, either before or after the coming into force of this subsection, as enacted by subsection 128(3) of the Northwest Territories Devolution Act, are not statutory instruments as defined in the Statutory Instruments Act.

(4) Subsection 31(3) of the Act is replaced by the following:

(3) For greater certainty, licences and permits issued by a board under Part 3 or 4, as those Parts read before the coming into force of this subsection, as enacted by subsection 128(4) of the Northwest Territories Devolution Act, or by the Mackenzie Valley Land and Water Board under Part 3, are not statutory instruments as defined in the Statutory Instruments Act.

129. Section 32 of the Act is replaced by the following:

32. Despite section 18 of the Federal Courts Act, the Supreme Court of the Northwest Territories has exclusive original jurisdiction to hear and determine an application 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 by the Attorney General of Canada, the Attorney General of the Northwest Territories or anyone directly affected by the matter in respect of which relief is sought.

130. Subsection 42(2) of the French version of the Act is replaced by the following:

131. The Act is amended by adding the following after section 50:

Policy Directions

50.1 (1) The federal Minister may, after consultation with a planning board, give written policy directions that are binding on the planning board with respect to the exercise of any of its functions under this Act.

(2) Policy directions do not apply in respect of an application referred to in paragraph 44(b), a referral or application under subsection 47(1) or a proposed amendment to a land use plan under subsection 48(1) that, at the time the directions are given, is before the planning board.

(3) If there is a conflict between the policy directions given under this section and the provisions of any Act of Parliament, any regulations made under an Act of Parliament or any territorial law, those provisions prevail to the extent of the conflict.

132. (1) The definition “management area” in section 51 of the Act is repealed.

(2) The definition “licence” in section 51 of the Act is replaced by the following:

“licence” means

(a) with respect to a federal area, a type A or type B licence permitting the use of waters or the deposit of waste, or both, issued by a board under this Part; or

(b) with respect to lands outside a federal area, a type A or type B licence, or any other licence relating to the use of waters or the deposit of waste, or both, issued by a board under this Part in accordance with any territorial law.

(3) The definitions “board”, “licence” and “permit” in section 51 of the Act are replaced by the following:

“Board” means the Mackenzie Valley Land and Water Board continued by subsection 54(1).

“licence” means

(a) with respect to a federal area, a type A or type B licence permitting the use of waters or the deposit of waste, or both, issued by the Board under this Part; or

(b) with respect to lands outside a federal area, a type A or type B licence, or any other licence relating to the use of waters or the deposit of waste, or both, issued by the Board under this Part in accordance with any territorial law.

“permit” means a permit for the use of land issued by the Board under this Part.

(4) Section 51 of the Act is amended by adding the following in alphabetical order:

“appurtenant undertaking” means the work described in a licence.

“authorized user” means a person who uses waters without a licence but under the author-ity of regulations made under paragraph 90.3(1)(m).

“authorized waste depositor” means a person who deposits waste without a licence but under the authority of regulations made under paragraph 90.3(1)(n).

“domestic user” means a person who uses waters

(a) for household requirements, including sanitation and fire prevention;

(b) for the watering of domestic animals; or

(c) for the irrigation of a garden adjoining a dwelling-house that is not ordinarily used in the growth of produce for a market.

“federal area” means any lands under the administration and control of a minister of the Government of Canada and any land on which is situated a waste site for which the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — is the responsibility of the Government of Canada.

“instream user” means a person who uses waters, otherwise than as described in paragraph (a), (b) or (c) of the definition “use”, to earn income or for subsistence purposes.

“use”, in relation to waters, means a direct or indirect use of any kind other than a use connected with shipping activities that are governed by the Canada Shipping Act, 2001, including

(a) any diversion or obstruction of waters;

(b) any alteration of the flow of waters; and

(c) any alteration of the bed or banks of a river, stream, lake or other body of water, whether or not the body of water is seasonal.

“waste” means any substance that would, to an extent that is detrimental to its use by people or by any animal, fish or plant, degrade or alter or form part of a process of degradation or alteration of the quality of any water to which it is added. Alternatively, it means any water that contains a substance in such a quantity or concentration or that has been so treated, processed or changed, by heat or other means, that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that other water to which it is added. It includes

(a) any substance or water that is deemed, under subsection 2(2) of the Canada Water Act, to be waste;

(b) any substance or class of substances prescribed by regulations made under subparagraph 90.3(1)(b)(i);

(c) water that contains any substance or class of substances in a quantity or concentration that is equal to or greater than a quantity or concentration prescribed in respect of that substance or class of substances by regulations made under subparagraph 90.3(1)(b)(ii); and

(d) water that has been subjected to a treatment, process or change prescribed by regulations made under subparagraph 90.3(1)(b)(iii).

“waste site” has the same meaning as Waste Site in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013.

“water management area” means a water management area established by the Governor in Council by regulations made under subparagraph 90.3(1)(a)(i).

133. Section 52 of the Act is replaced by the following:

52. (1) This Part, except sections 78, 79, 79.2 and 79.3, does not apply in respect of the use of land or waters or the deposit of waste within a park or park reserve to which the Canada National Parks Act applies or within lands acquired under the Historic Sites and Monuments Act.

(2) Despite subsection (1), an authority responsible for authorizing uses of land or waters or deposits of waste in a portion of the Mackenzie Valley that is excluded by that subsection from the application of this Part shall consult the Board before authorizing any such use or deposit.

(3) The Board shall consult a responsible authority referred to in subsection (2) before issuing a licence, permit or other authorization for a use of land or waters or a deposit of waste that may have an effect in the portion of the Mackenzie Valley in which the authority is responsible.

134. Subsections 53(2) and (3) of the Act are replaced by the following:

(2) The Board 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).

(3) Every determination made under subsection (2) shall be made available to the public at the main office of the Board and that of the local government.

135. (1) The Act is amended by adding the following after section 53:

53.1 (1) If the Government of Canada becomes responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the board in writing of the lands on which the waste site is situated.

(2) If the Government of Canada ceases to be responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the board in writing.

(2) Section 53.1 of the Act is replaced by the following:

53.1 (1) If the Government of Canada becomes responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the Board in writing of the lands on which the waste site is situated.

(2) If the Government of Canada ceases to be responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the Board in writing.

136. The heading before section 54 and sections 54 to 57.2 of the Act are replaced by the following:

Mackenzie Valley Land and Water Board

54. (1) The Mackenzie Valley Land and Water Board is continued.

(2) The Board shall consist of 11 members, including

(a) a chairperson;

(b) one member appointed on the nomination of the Gwich’in First Nation;

(c) one member appointed on the nomination of the Sahtu First Nation;

(d) one member appointed by the Tlicho Government, subject to any agreement between the Tlicho Government and an aborig-inal people of Canada, other than the Tlicho First Nation, to whom section 35 of the Constitution Act, 1982 applies;

(e) two members appointed following consultation by the federal Minister with the first nations of the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii; and

(f) two members appointed on the nomination of the territorial Minister.

(3) The federal Minister and the Tlicho Government shall consult each other before making their appointments to the Board.

(4) A quorum of the Board consists of five members.

55. The main office of the Board shall be at Yellowknife or at another place in the Mackenzie Valley that is designated by the Governor in Council.

56. (1) The chairperson shall designate three Board members — including at least one member appointed under any of paragraphs 54(2)(b) to (e), and at least one member not so appointed — to dispose of an application made to the Board in respect of a licence, permit or other authorization for the use of land or waters or the deposit of waste.

(2) If the chairperson is of the opinion that it is necessary, the chairperson may designate additional Board members to dispose of the application under subsection (1).

(3) For the purposes of subsections (1) and (2), the chairperson shall, if it is reasonable to do so, designate,

(a) in the case of an application relating to the area described in appendix A to the Gwich’in Agreement, the member appointed under paragraph 54(2)(b);

(b) in the case of an application relating to the area described in appendix A to the Sahtu Agreement, the member appointed under paragraph 54(2)(c);

(c) in the case of an application relating to Wekeezhii, the member appointed under paragraph 54(2)(d); or

(d) in the case of an application relating to the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii, at least one of the members appointed under paragraph 54(2)(e).

(4) A decision with respect to the application, made by a majority of the members so designated, is considered to be a decision of the Board.

57. (1) If the chairperson is of the opinion that it is necessary for a member of the Board to continue to act after the expiry of that member’s term in order for the Board to make a decision in relation to the issuance, amendment, renewal or cancellation of a permit or licence, as the case may be, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that matter until a decision is made. For the purpose of the appointment of a replacement, their office is deemed to be vacant as soon as their term expires.

(2) The request shall be made at least two months before the day on which the member’s term expires.

(3) If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.

137. Sections 58 to 68 of the Act are replaced by the following:

58. The 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 for present and future residents of the Mackenzie Valley in particular and Canadians generally.

59. (1) The Board has jurisdiction in respect of all uses of land in the Mackenzie Valley for which a permit is required under this Part and may, in accordance with the regulations, issue, amend, renew, suspend and cancel permits and other authorizations for the use of land, and approve the assignment of permits.

(2) For greater certainty, the Board’s jurisdiction under subsection (1) includes a use of land that is required for the exercise of subsurface rights.

60. (1) The Board has jurisdiction in respect of all uses of waters and deposits of waste in a federal area in the Mackenzie Valley for which a licence is required under this Part and may, in accordance with the regulations, issue, amend, renew and cancel licences and approve the assignment of licences.

(1.1) The Board has jurisdiction in respect of all uses of waters and deposits of waste on lands outside a federal area in the Mackenzie Valley for which a licence is required under any territorial law and may, in accordance with that law,

(a) issue, amend, renew, suspend and cancel licences and approve the assignment of licences;

(b) include in a licence any conditions it considers appropriate;

(c) determine the term of a licence;

(d) determine the appropriate compensation to be paid by an applicant for a licence, or by a licensee who applies for an amendment or renewal of their licence, to persons who would be adversely affected by the proposed use of waters or deposit of waste;

(e) require an applicant for a licence, a licensee or a prospective assignee of a licence to furnish and maintain security; and

(f) on the request of a person who is subject to an order made by an inspector, review that order and confirm, vary or revoke it.

(2) The Board may suspend a licence in respect of a federal area for a specified period or until terms and conditions specified by the Board are complied with, if the licensee contravenes a provision of this Part or a term or condition of the licence.

60.1 In exercising its powers, the Board shall consider

(a) the importance of conservation to the well-being and way of life of the aboriginal peoples of Canada to whom section 35 of the Constitution Act, 1982 applies and who use an area of the Mackenzie Valley; and

(b) any traditional knowledge and scientific information that is made available to it.

61. (1) The Board is not permitted to issue, amend or renew a licence, permit or other authorization that applies with respect to a settlement area except in accordance with an applicable land use plan under Part 2.

(2) The Board is not permitted to issue, amend or renew a licence, permit or other authorization that applies with respect to Wekeezhii except in accordance with any land use plan, established under a federal, territorial or Tlicho law, that is applicable to any part of Wekeezhii.

61.1 The Board is not permitted to exercise its discretionary powers relating to the use of Tlicho lands except in accordance with any Tlicho laws enacted under 7.4.2 of chapter 7 of the Tlicho Agreement.

62. The Board is not permitted to issue a licence, permit or other 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 under a decision made under that Part.

63. (1) The 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.

(2) The Board shall notify affected communities and first nations of an application made to the Board for a licence, permit or other authorization and allow a reasonable period of time for them to make representations to the Board with respect to the application.

(3) The Board shall notify the Tlicho Government of an application made to the Board for a licence, permit or other authorization for the use of land or waters or the deposit of waste in Wekeezhii and allow a reasonable period of time for it to make representations to the Board with respect to the application.

(4) The Board shall consult the Tlicho Government before issuing, amending or renewing any licence, permit or other authorization for a use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters.

64. (1) The Board shall seek and consider the advice of any affected first nation — and, with respect to Wekeezhii, the Tlicho Government — 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.

(2) The Board shall, with respect to a settlement area or Wekeezhii, seek and consider the advice of the renewable resources board established by the applicable land claim agreement 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.

65. (1) Subject to the regulations, the Board may establish guidelines and policies respecting permits and other authorizations, including their issuance under this Part.

(2) Subject to the regulations and any territorial law, the Board may establish guidelines and policies respecting licences, including their issuance under this Part.

66. The Board shall provide the federal Minister with copies of licences, permits and other authorizations issued under this Part and of decisions and orders relating to them.

67. Subject to sections 32 and 72.13, or any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of the Board is final and binding.

68. (1) The Board shall maintain at its main office, in any form that is prescribed by the regulations, a register convenient for use by the public in which shall be entered, for each application received and each licence or permit issued, the information prescribed by the regulations.

(2) The register shall be open to inspection by any person during the Board’s normal business hours, subject to the payment of any fee prescribed by the regulations.

(3) The Board shall, on request and on payment of any fee prescribed by the regulations, make available copies of information contained in the register.

Cost Recovery

68.1 (1) For the federal Minister to recover costs incurred in relation to the consideration of an application for a licence or for the amendment, renewal or cancellation of a licence, the applicant or a licensee shall pay to the federal Minister

(a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Board or of its members;

(b) any costs incurred by the Board for services that are prescribed by the regulations and that are provided to it by a third party; and

(c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister.

(2) The costs and amounts that a person is to pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

138. Section 60 of the Act is amended by adding the following after subsection (3.1):

(3.2) If a licence relates to a proposed development that is, under Part 5, subject to an environmental assessment, an environmental impact review or an examination of impacts on the environment that stands in lieu of an environmental impact review, then the period that is taken to complete that assessment, review or examination is not included in the calculation of the time limit under subsection 24.2(1) or 24.3(1) of the Northwest Territories Waters Act or of its extension.

(3.3) A board may suspend a time limit referred to in subsection 24.2(1) or 24.3(1) of the Northwest Territories Waters Act or the extension of such a limit

(a) if the board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 14(4) of that Act, until the applicant satisfies the board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;

(b) if the board is not permitted to issue a licence except in accordance with subsection 15.1(1) of that Act, until the applicant has entered into a compensation agreement under paragraph 15.1(1)(a) of that Act or until a determination of compensation has been made under paragraph 15.1(1)(b) of that Act, as the case may be; or

(c) if the board determines that the applicant is required to enter into a compensation agreement under section 77 or 79.1, until the applicant satisfies the board that they have done so or the board has determined, under section 79 or 79.3, the compensation payable by the applicant.

139. Section 60 of the Act is replaced by the following:

60. (1) A board has jurisdiction in respect of all uses of waters and deposits of waste in a federal area in its management area for which a licence is required under this Part and may, in accordance with the regulations, issue, amend, renew and cancel licences and approve the assignment of licences.

(1.1) A board has jurisdiction in respect of all uses of waters and deposits of waste on lands outside a federal area in its management area for which a licence is required under any territorial law and may, in accordance with that law,

(a) issue, amend, renew, suspend and cancel licences and approve the assignment of licences;

(b) include in a licence any conditions it considers appropriate;

(c) determine the term of a licence;

(d) determine the appropriate compensation to be paid by an applicant for a licence, or by a licensee who applies for an amendment or renewal of their licence, to persons who would be adversely affected by the proposed use of waters or deposit of waste;

(e) require an applicant for a licence, a licensee or a prospective assignee of a licence to furnish and maintain security; and

(f) on the request of a person who is subject to an order made by an inspector, review that order and confirm, vary or revoke it.

(2) A board may suspend a licence in respect of a federal area for a specified period, or until terms and conditions specified by it are complied with, if the licensee contravenes a provision of this Part or a term or condition of the licence.

140. Section 65 of the Act is replaced by the following:

65. (1) Subject to the regulations, a board may establish guidelines and policies respecting permits and other authorizations, including their issuance under this Part.

(2) Subject to the regulations and any territorial law, a board may establish guidelines and policies respecting licences, including their issuance under this Part.

141. (1) Section 67 of the Act is replaced by the following:

67. Subject to sections 32 and 72.13, or any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of a board is final and binding.

68. (1) A board shall maintain at its main office, in any form that is prescribed by the regulations, a register convenient for use by the public in which shall be entered, for each application received and each licence or permit issued, the information prescribed by the regulations.

(2) The register shall be open to inspection by any person during the board’s normal business hours, subject to the payment of any fee prescribed by the regulations.

(3) A board shall, on request and on payment of any fee prescribed by the regulations, make available copies of information contained in the register.

(2) Section 67 of the Act is replaced by the following:

67. Subject to sections 32 and 72.13 and subsections 125(1.2) and (4), or any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of the Board is final and binding.

142. (1) The portion of section 69 of the Act before paragraph (a) is replaced by the following:

69. Before issuing a permit for a use of land, the Board shall, with respect to conditions of the permit for the protection of the environment, consult

(2) Paragraph 69(b) of the Act is replaced by the following:

(b) the minister of the Government of Canada having administration and control of the land in the case of any land under that minister’s administration and control; or

143. Section 70 of the Act is replaced by the following:

70. The 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.

144. Subsections 71(1) to (3) of the Act are replaced by the following:

71. (1) The Board may require, as a condition of a permit or as a condition of the assignment of a permit, that security be furnished to 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 accord-ance with, the regulations.

(2) The federal Minister shall notify the Board of the furnishing of security so required.

(3) If 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 furnished by the permittee be applied toward the costs incurred in repairing the damage.

145. Section 72 of the Act is replaced by the following:

Special Rules for the Use of Waters and the Deposit of Waste

Prohibitions

72. (1) Except as authorized under the Dominion Water Power Act, and subject to subsection (2), no person shall use, or permit the use of, waters in a federal area within a water management area except

(a) in accordance with the conditions of a licence; or

(b) as authorized by regulations made under paragraph 90.3(1)(m).

(2) Subsection (1) does not apply in respect of the use of waters

(a) by a domestic user;

(b) by an instream user; or

(c) for the purpose of extinguishing a fire or, in an emergency, controlling or preventing a flood.

(3) If any person diverts waters for a purpose set out in paragraph (2)(c), the person shall, when the need for the diversion has ceased, discontinue the diversion and, in so far as possible, restore the original channel conditions.

72.01 (1) Except in accordance with the conditions of a licence or as authorized by regulations made under paragraph 90.3(1)(n), no person shall, subject to subsection (2), deposit or permit the deposit of waste in a federal area

(a) in any waters in a water management area; or

(b) in any other place under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter any waters in a water management area.

(2) Subsection (1) does not apply to the deposit of waste in waters that form part of a water quality management area designated under the Canada Water Act if the waste so deposited is of a type and quantity, and deposited under conditions, prescribed by regulations made by the Governor in Council under paragraph 18(2)(a) of that Act with respect to that water quality management area.

(3) If waste is deposited in contravention of this section, every person who owns the waste or has the charge, management or control of it — or who caused or contributed to the deposit — shall, without delay, in accordance with the regulations, if any, made under paragraph 90.3(1)(o), report the deposit to the person or authority designated under that paragraph or, if no such person or authority has been designated, to an inspector designated under subsection 84(1).

72.02 Sections 72 and 72.01 do not apply in respect of a use of waters or a deposit of waste in a Tlicho community if the local government of that community has enacted a bylaw providing that a licence is not required for that type of use or deposit.

Licences

72.03 (1) Subject to this section, a board may issue, in accordance with the criteria set out in the regulations made under paragraph 90.3(1)(c), type A licences and type B licences permitting the applicant for the licence, on payment of the fees prescribed by regulations made under paragraph 90.3(1)(k), at the times and in the manner prescribed by any applicable regulations made under paragraph 90.3(1)(l) or, in the absence of such regulations, at the times and in the manner set out in the licence, to use waters or deposit waste, or both, in a federal area in connection with the operation of an appurtenant undertaking and in accordance with the conditions specified in the licence.

(2) A licence issued under subsection (1) may be issued for a term

(a) of not more than 25 years, in the case of a type A licence that is in respect of a class of undertakings prescribed by the regulations or a type B licence; or

(b) of not more than the anticipated duration of the appurtenant undertaking, in the case of a type A licence other than one described in paragraph (a).

(3) The board shall not issue a licence in respect of a use of waters referred to in subsection 72(2).

(4) The board shall not refuse to issue a licence merely because the use of waters or deposit of waste in respect of which the application for the licence is made is already authorized by regulations made under paragraph 90.3(1)(m) or (n).

(5) The board shall not issue a licence in respect of a federal area unless the applicant satisfies the board that

(a) either

(i) the use of waters or the deposit of waste proposed by the applicant would not adversely affect, in a significant way, the use of waters, whether in or outside the federal area to which the application relates,

(A) by any existing licensee who holds a licence issued under this Act or any other licence relating to the use of waters or deposit of waste, or both, issued under any territorial law or the Nunavut Waters and Nunavut Surface Rights Tribunal Act, or

(B) by any other applicant whose proposed use of waters would take precedence over the applicant’s proposed use by virtue of section 72.26 or any territorial law, or

(ii) every licensee and applicant to whom subparagraph (i) applies has entered into a compensation agreement with the applicant;

(b) compensation that the board considers appropriate has been or will be paid by the applicant to any other applicant who is described in clause (a)(i)(B) but to whom paragraph (a) does not apply, and to any of the following who were licensees, users, depositors, owners, occupiers or holders, whether in or outside the federal area to which the application relates, at the time when the applicant filed an application with the board in accordance with the regulations made under paragraphs 90.3(1)(d) and (e), who would be adversely affected by the use of waters or the deposit of waste proposed by the applicant, and who have notified the board within the time period stipulated in the notice of the application given under subsection 72.16(1):

(i) licensees who hold a licence issued under this Act or any other licence relating to the use of waters or deposit of waste, or both, issued under any territorial law or the Nunavut Waters and Nunavut Surface Rights Tribunal Act and to whom paragraph (a) does not apply,

(ii) domestic users,

(iii) instream users,

(iv) authorized users,

(v) authorized waste depositors,

(vi) persons who use waters or deposit waste, or both, without a licence under the authority of any territorial law,

(vii) persons referred to in paragraph 61(d) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act,

(viii) owners of property,

(ix) occupiers of property, and

(x) holders of outfitting concessions, registered trapline holders, and holders of other rights of a similar nature;

(c) any waste that would be produced by the appurtenant undertaking will be treated and disposed of in a manner that is appropriate for the maintenance of

(i) water quality standards prescribed by regulations made under paragraph 90.3(1)(h) or, in the absence of such regulations, any water quality standards that the board considers acceptable, and

(ii) effluent standards prescribed by regulations made under paragraph 90.3(1)(i) or, in the absence of such regulations, any effluent standards that the board considers acceptable; and

(d) the financial responsibility of the applicant, taking into account the applicant’s past performance, is adequate for

(i) the completion of the appurtenant undertaking,

(ii) any mitigative measures that may be required, and

(iii) the satisfactory maintenance and res-toration of the site in the event of any future closing or abandonment of that undertaking.

(6) In determining the compensation that is appropriate for the purpose of paragraph (5)(b), the board shall consider all relevant factors, including

(a) provable loss or damage;

(b) potential loss or damage;

(c) the extent and duration of the adverse effect, including the incremental adverse effect;

(d) the extent of the use of waters by persons who would be adversely affected; and

(e) nuisance, inconvenience and noise.

72.04 (1) Subject to this Act and its regulations, a board may include in a licence in respect of a federal area any conditions that it considers appropriate, including conditions

(a) relating to the manner of use of waters permitted to be used under the licence;

(b) relating to the quantity, concentration and types of waste that may be deposited in any waters by the licensee;

(c) under which any such waste may be so deposited;

(d) relating to studies to be undertaken, works to be constructed, plans to be submitted, and monitoring programs to be undertaken; and

(e) relating to any future closing or abandonment of the appurtenant undertaking.

(2) In fixing the conditions of a licence in respect of a federal area, the board shall make all reasonable efforts to minimize any adverse effects of the issuance of the licence on any of the following who would be adversely affected by the use of waters or the deposit of waste proposed by the applicant, and who have notified the board within the time period stipulated in the notice of the application given under subsection 72.16(1), whether they are in or outside the federal area to which the application relates, at the time when the board is considering the fixing of those conditions:

(a) licensees who hold a licence in respect of a federal area or in respect of lands outside a federal area;

(b) domestic users;

(c) instream users;

(d) authorized users;

(e) authorized waste depositors;

(f) persons who use waters or deposit waste, or both, without a licence under the authority of any territorial law;

(g) owners of property;

(h) occupiers of property; and

(i) holders of outfitting concessions, registered trapline holders, and holders of other rights of a similar nature.

(3) If a board issues a licence in respect of a federal area whose waters form part of a water quality management area designated under the Canada Water Act, it is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of the regulations made under paragraph 18(2)(a) of that Act with respect to those waters.

(4) If a board issues a licence in respect of a federal area whose waters do not form part of a water quality management area designated under the Canada Water Act,

(a) if any regulations made under paragraph 90.3(1)(h) are in force for those waters, the board is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are not based on the water quality standards prescribed for those waters by those regulations; and

(b) if any regulations made under paragraph 90.3(1)(i) are in force for those waters, the board is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the effluent standards prescribed in relation to those waters by those regulations.

(5) If a board issues a licence in respect of a federal area whose waters do not form part of a water quality management area designated under the Canada Water Act, and to which any regulations made under subsection 36(5) of the Fisheries Act apply, it is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of those regulations that relate to the deposit of deleterious substances as defined in subsection 34(1) of that Act.

(6) The board shall include in a licence in respect of a federal area conditions that are at least as stringent as any applicable standards prescribed by any regulations made under paragraph 90.3(1)(j).

(7) If regulations referred to in subsection (3), (4), (5) or (6) are made or amended after the issuance of a licence in respect of a federal area, the conditions of the licence are deemed to be amended to the extent, if any, that is necessary to comply, or remain in compliance, with that subsection.

72.05 (1) A board shall not issue a licence in respect of a use of waters or a deposit of waste in a federal area that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, unless

(a) the applicant has entered into an agreement with the designated Inuit organization to pay compensation for any loss or damage that may be caused by the alteration; or

(b) if there is no agreement,

(i) on the request of the applicant or the designated Inuit organization, the board has made a joint determination of the appropriate compensation with the Nunavut Water Board, or

(ii) if the board and the Nunavut Water Board are unable to jointly determine compensation, a judge of the Nunavut Court of Justice has determined the compensation.

(2) The payment of compensation referred to in paragraph (1)(b) shall be a condition of the licence.

(3) Unless otherwise determined by the Nunavut Water Board, costs incurred by the designated Inuit organization as a result of a request referred to in subparagraph (1)(b)(i) shall be paid by the applicant.

72.06 A board shall not consider a request referred to in subparagraph 72.05(1)(b)(i) unless the requester has negotiated in good faith and has been unable to reach an agreement.

72.07 For the purpose of determining compensation under paragraph 72.05(1)(b), the following factors shall be taken into account:

(a) the adverse effects of the alteration of the quality, quantity or flow of waters on Inuit-owned land;

(b) the nuisance, inconvenience or disturb-ance, including noise, caused by the alteration;

(c) the cumulative adverse effects of the alteration and of any existing uses of waters and deposits of waste;

(d) the cultural attachment of Inuit to the affected Inuit-owned land, including waters;

(e) the peculiar and special value of the affected Inuit-owned land, including waters; and

(f) any interference with Inuit rights derived from the Agreement or otherwise.

72.08 Unless otherwise agreed by the designated Inuit organization and the applicant, a determination of compensation made under paragraph 72.05(1)(b) shall provide, having due regard to the nature and duration of the use of waters or deposit of waste, for the periodic review and periodic payment of that compensation.

72.09 (1) In this section and sections 72.05 to 72.08,

(a) “Agreement”, “Inuit”, “Inuit-owned land”, “Makivik” and “Tunngavik” have the same meanings as in subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act; and

(b) “designated Inuit organization” means

(i) except in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement,

(A) Tunngavik, or

(B) any organization designated in the public record maintained by Tunngavik under the Agreement as being responsible for the functions described under sections 20.3.1 and 20.4.1 of the Agreement, or

(ii) in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, Makivik, acting jointly with the organization determined under subparagraph (i).

(2) For greater certainty, sections 72.05 to 72.08 apply in respect of a body of water that delineates a boundary between Inuit-owned land and other land and that body of water is not located entirely on Inuit-owned land.

72.1 (1) An application for a licence shall be in the form and contain the information,

(a) if the licence is to apply with respect to a federal area, prescribed by the regulations; and

(b) if the licence is to apply with respect to lands outside a federal area, required under any territorial law.

(2) The board shall require an applicant for a licence to provide the board with the information and studies concerning the use of waters or deposit of waste proposed by the applicant that will enable the board to evaluate any qualitative and quantitative effects of the use or deposit on waters.

72.11 (1) A board may require an applicant for a licence that is to apply with respect to a federal area, a holder of such a licence or a prospective assignee of such a licence to furnish and maintain security with the federal Minister, in an amount specified in, or determined in accordance with, the regulations made under paragraph 90.3(1)(g) and in a form prescribed by those regulations or a form satisfactory to the federal Minister.

(2) The security may be applied by the federal Minister in the following manner:

(a) if the federal Minister is satisfied that a person who is entitled to be compensated by a licensee under section 72.27 has taken all reasonable measures to recover compensation from the licensee and has been unsuccessful in that recovery, the security may be applied to compensate that person, either fully or partially; and

(b) the security may be applied to reimburse Her Majesty in right of Canada, either fully or partially, for reasonable costs incurred by Her Majesty under subsection 86.2(1) or, subject to subsection (3), subsection 89(1).

(3) Paragraph (2)(b) applies in respect of costs incurred under subsection 89(1) only to the extent that the incurring of those costs was based on subparagraph 89(1)(b)(i).

(4) The amount of security that the federal Minister may apply under subsection (2) in respect of any particular incident or matter may not exceed in the aggregate the amount of the security referred to in subsection (1).

(5) Any portion of the security that, in the federal Minister’s opinion, will not be required under subsection (2) shall be refunded without delay to the licensee or assignor, as the case may be, if the federal Minister is satisfied that

(a) the appurtenant undertaking has been permanently closed or permanently abandoned; or

(b) the licence has been assigned.

72.12 (1) Subject to subsections (2) and (3), a board may, in respect of a federal area,

(a) renew a licence, if the licensee applies for its renewal or if the renewal appears to the board to be in the public interest, with or without changes to its conditions, for a term

(i) of not more than 25 years, in the case of a type A licence that is in respect of a class of undertakings prescribed by the regulations or a type B licence, or

(ii) of not more than the anticipated duration of the appurtenant undertaking, in the case of a type A licence other than one described in subparagraph (i);

(b) amend, for a specified term or otherwise, any condition of a licence

(i) if the licensee applies for its amendment,

(ii) if the amendment is required to deal with a water shortage in any water management area, or

(iii) in any other case, if the amendment appears to the board to be in the public interest; and

(c) cancel a licence

(i) if the licensee applies for its cancellation,

(ii) if the licensee, for three successive years, fails to exercise their rights under the licence, or

(iii) in any other case, if the cancellation appears to the board to be in the public interest.

(2) Sections 72.03 to 72.11 apply, with any modifications that the circumstances require, in respect of a renewal of, or an amendment to, a licence.

(3) An application to cancel a licence shall be in the form and contain the information that is,

(a) if the licence applies with respect to a federal area, prescribed by the regulations; and

(b) if the licence applies with respect to lands outside a federal area, required under any territorial law.

72.13 A board may issue, renew, amend or cancel — in respect of a federal area or lands outside a federal area — a type A licence, or a type B licence in connection with which a public hearing is held by the board with respect to its issuance, renewal, amendment or cancellation, only with the approval of the federal Minister.

72.14 (1) Any sale or other disposition of any right, title or interest, of a licensee who holds a licence in respect of a federal area, in an appurtenant undertaking constitutes, without further action by the licensee, an assignment of the licence to the person or persons to whom the sale or other disposition is made if the assignment of the licence was authorized by a board.

(2) A board shall authorize the assignment of a licence if it is satisfied that neither the sale or other disposition of any right, title or interest of the licensee in the appurtenant undertaking at the time, in the manner and on the terms and conditions agreed to by the licensee, nor the operation of the appurtenant undertaking by the prospective assignee would be likely to result in a contravention of, or failure to comply with, any condition of the licence or any provision of this Act or the regulations.

(3) Except as provided in this section, a licence in respect of a federal area is not assignable.

Public Hearings and Procedure

72.15 (1) If a board is satisfied that it would be in the public interest, it may hold a public hearing in connection with any matter relating to its objects, including, in respect of a federal area or lands outside a federal area,

(a) the issuance or renewal of, or an amendment to, a type B licence;

(b) an amendment to a type A licence under which neither the use, flow or quality of waters nor the term of the licence would be altered; and

(c) the cancellation of a type B licence under subparagraph 72.12(1)(c)(i).

(2) Subject to subsection (3), the board shall hold a public hearing if it is considering, in respect of a federal area,

(a) the issuance or renewal of a type A licence;

(b) an amendment to a type A licence under which the use, flow or quality of waters, or the term of the licence, would be altered;

(c) the cancellation of a type A licence under paragraph 72.12(1)(c); or

(d) the cancellation of a type B licence under subparagraph 72.12(1)(c)(ii) or (iii).

(3) Subsection (2) does not apply

(a) if, after giving notice of a public hearing under section 72.16, the board receives no notification on or before the 10th day before the day of the proposed hearing that any person or body intends to appear and make representations and the applicant or the licensee, as the case may be, consents in writing to the disposition of the matter without a public hearing;

(b) if, in the case of a renewal of a type A licence, the licensee has filed with the board an application for renewal in accordance with the regulations made under paragraphs 90.3(1)(d) and (e) and the term of the renewal or renewals granted by the board does not exceed 60 days in the aggregate; or

(c) if, in the case of an amendment to a type A licence under which the use, flow or quality of waters would be altered, the board, with the consent of the federal Minister, declares the amendment to be required on an emergency basis.

72.16 (1) Subject to subsection (4), a board shall give notice of each application made to it — in respect of a federal area or lands outside a federal area — by publishing the application in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate.

(2) Subject to subsection (4), a board shall give notice of a public hearing to be held by it by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate. The day fixed for the public hearing shall be at least 35 days after the day on which the requirements of this subsection have been met.

(3) Subject to subsection (4), if a public hearing is not held by a board in connection with an application, the board may not act on the application until at least 10 days after the requirements of subsection (1) have been met.

(4) Subsections (1) to (3) do not apply in respect of an application for the amendment of a licence if a board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.

72.17 (1) A board shall give notice of its intention to consider, on its own initiative, the renewal of a licence under paragraph 72.12(1)(a), or the amendment of a condition of a licence under subparagraph 72.12(1)(b)(ii) or (iii), by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate.

(2) A board shall give notice of its intention to consider, on its own initiative, the renewal, or the amendment of a condition, of a licence in respect of lands outside a federal area in accordance with any territorial law by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate.

(3) Subsections (1) and (2) do not apply in respect of an application for the amendment of a licence if a board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.

72.18 (1) With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(1) or (2).

(2) If the board decides to issue, renew or amend the licence, that decision shall be immediately referred to the federal Minister for approval.

(3) The federal Minister shall, within 45 days after the board’s decision is referred to him or her, notify the board whether or not the decision is approved and, if it is not approved, provide written reasons in the notification.

(4) The federal Minister may extend the 45-day time limit by not more than an additional 45 days if he or she notifies the board of the extension within the first 45 days.

(5) If the federal Minister does not notify the board whether or not the decision is approved within the time limit referred to in subsection (3) or (4), whichever is applicable, the federal Minister is deemed to have given approval.

72.19 With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type B licence in connection with which no public hearing is held or if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(1) or (2).

72.2 On an application for the issuance, renewal or amendment of a licence in respect of lands outside a federal area — other than a type A or type B licence — or, if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(2).

72.21 An application for the issuance, renewal or amendment of a licence is considered to be made on the day on which the board is satisfied that the application is in the form, and contains all of the information,

(a) if the licence applies with respect to a federal area, prescribed by the regulations; and

(b) if the licence applies with respect to lands outside a federal area, required under any territorial law.

72.22 (1) If the board requires the applicant or the licensee to provide information or studies, then the period that is taken by that applicant or licensee, in the board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection 72.18(1), section 72.19 or 72.2 or of its extension.

(2) If the proposed use of waters or deposit of waste to which the application or the licence relates is part of a proposed development in respect of which an environmental assessment, an environmental impact review or an examination of impacts on the environment that stands in lieu of an environmental impact review is conducted under Part 5, then the period that is taken to complete that assessment, review or examination is not included in the calculation of the time limit under subsection 72.18(1), section 72.19 or 72.2 or of its extension.

72.23 A board may suspend a time limit referred to in subsection 72.18(1) or section 72.19 or 72.2 or its extension

(a) if the board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 72.03(5), until the applicant satisfies the board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;

(b) if the board is not permitted to issue a licence except in accordance with subsection 72.05(1), until the applicant has entered into a compensation agreement under paragraph 72.05(1)(a) or until a determination of compensation has been made under paragraph 72.05(1)(b), as the case may be;

(c) if the board is not permitted to issue a licence with respect to lands outside a federal area except in accordance with any compensation requirement under any territorial law, until the requirement has been fulfilled; or

(d) if the board determines that the applicant is required to enter into a compensation agreement under section 77 or 79.1, until the applicant satisfies the board that they have done so or the board has determined, under section 79 or 79.3, the compensation payable by the applicant.

72.24 (1) The federal Minister may, at the request of the board, extend the time limit referred to in subsection 72.18(1), section 72.19 or 72.2 by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.

(2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (1) any number of times.

72.25 A board shall issue, and make available to the public, written reasons for its decisions or orders relating to any licence, or any application for a licence, in respect of a federal area or lands outside a federal area.

Rights and Duties of Licensees and Others With Authorizations to Use Waters

72.26 (1) If more than one person has a licence, or other authorization to use waters issued by any authority responsible for the management of waters in the Northwest Territories or in Nunavut, in respect of a federal area, the person who first applied is entitled to the use of the waters in accordance with that person’s licence or authorization in precedence over the other persons.

(2) Subsection (1) applies, with any modifications that the circumstances require, in respect of any rights a person acquires through an amendment to that person’s licence or authorization.

(3) Subject to subsection (2), a licence or authorization that has been renewed or assigned shall, for the purposes of this section, be deemed to be a continuation of the original licence or authorization.

72.27 (1) Except as otherwise provided by a compensation agreement referred to in subparagraph 72.03(5)(a)(ii), a person who is adversely affected as a result of the issuance of a licence in respect of a federal area or a use of waters or deposit of waste authorized by regulations made under paragraph 90.3(1)(m) or (n) is entitled to be compensated by the licensee, authorized user or authorized waste depositor in respect of that adverse effect, and may sue for and recover any such compensation in any court of competent jurisdiction.

(2) A person is not barred from exercising any rights conferred by subsection (1) merely because of having been paid the compensation referred to in subsection 72.03(5), or because of having been paid compensation under paragraph 72.11(2)(a) or under a compensa-tion agreement referred to in subparagraph 72.03(5)(a)(ii).

72.28 A board shall provide the territorial Minister with copies of licences issued under this Part and of any decisions and orders relating to such licences.

146. (1) Subsection 72.03(1) of the Act is replaced by the following:

72.03 (1) Subject to this section, the Board may issue, in accordance with the criteria set out in the regulations made under paragraph 90.3(1)(c), type A licences and type B licences permitting the applicant for the licence, on payment of the fees prescribed by regulations made under paragraph 90.3(1)(k), at the times and in the manner prescribed by any applicable regulations made under subparagraph 90.3(1)(l) or, in the absence of such regulations, at the times and in the manner set out in the licence, to use waters or deposit waste, or both, in a federal area in connection with the operation of an appurtenant undertaking and in accordance with the conditions specified in the licence.

(2) Subsections 72.03(3) and (4) of the Act are replaced by the following:

(3) The Board shall not issue a licence in respect of a use of waters referred to in subsection 72(2).

(4) The Board shall not refuse to issue a licence merely because the use of waters or deposit of waste in respect of which the application for the licence is made is already authorized by regulations made under paragraph 90.3(1)(m) or (n).

(3) The portion of subsection 72.03(5) of the Act before paragraph (a) is replaced by the following:

(5) The Board shall not issue a licence in respect of a federal area unless the applicant satisfies the Board that

(4) The portion of paragraph 72.03(5)(b) of the Act before subparagraph (i) is replaced by the following:

(b) compensation that the Board considers appropriate has been or will be paid by the applicant to any other applicant who is described in clause (a)(i)(B) but to whom paragraph (a) does not apply, and to any of the following who were licensees, users, depositors, owners, occupiers or holders, whether in or outside the federal area to which the application relates, at the time when the applicant filed an application with the Board in accordance with the regulations made under paragraphs 90.3(1)(d) and (e), who would be adversely affected by the use of waters or the deposit of waste proposed by the applicant, and who have notified the Board within the time period stipulated in the notice of the application given under subsection 72.16(1):

(5) Subparagraphs 72.03(5)(c)(i) and (ii) of the Act are replaced by the following:

(i) water quality standards prescribed by regulations made under paragraph 90.3(1)(h) or, in the absence of such regulations, any water quality standards that the Board considers acceptable, and

(ii) effluent standards prescribed by regulations made under paragraph 90.3(1)(i) or, in the absence of such regulations, any effluent standards that the Board considers acceptable; and

(6) The portion of subsection 72.03(6) of the Act before paragraph (a) is replaced by the following:

(6) In determining the compensation that is appropriate for the purpose of paragraph (5)(b), the Board shall consider all relevant factors, including

147. (1) The portion of subsection 72.04(1) of the Act before paragraph (a) is replaced by the following:

72.04 (1) Subject to this Act and its regulations, the Board may include in a licence in respect of a federal area any conditions that it considers appropriate, including conditions

(2) The portion of subsection 72.04(2) of the Act before paragraph (a) is replaced by the following:

(2) In fixing the conditions of a licence, the Board shall make all reasonable efforts to minimize any adverse effects of the issuance of the licence on any of the following who would be adversely affected by the use of waters or deposit of waste proposed by the applicant, and who have notified the Board within the time period stipulated in the notice of the application given under subsection 72.16(1), whether they are in or outside the federal area to which the application relates, at the time when the Board is considering the fixing of those conditions:

(3) Subsections 72.04(3) to (5) of the English version of the Act are replaced by the following:

(3) If the Board issues a licence in respect of a federal area whose waters form part of a water quality management area designated under the Canada Water Act, it is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of the regulations made under paragraph 18(2)(a) of that Act with respect to those waters.

(4) If the Board issues a licence in respect of a federal area whose waters do not form part of a water quality management area designated under the Canada Water Act,

(a) if any regulations made under paragraph 90.3(1)(h) are in force for those waters, the Board is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are not based on the water quality standards prescribed for those waters by those regulations; and

(b) if any regulations made under paragraph 90.3(1)(i) are in force for those waters, the Board is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the effluent standards prescribed in relation to those waters by those regulations.

(5) If the Board issues a licence in respect of a federal area whose waters do not form part of a water quality management area designated under the Canada Water Act, and to which any regulations made under subsection 36(5) of the Fisheries Act apply, it is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of those regulations that relate to the deposit of delete-rious substances as defined in subsection 34(1) of that Act.

148. (1) The portion of subsection 72.05(1) of the Act before paragraph (a) is replaced by the following:

72.05 (1) The Board shall not issue a licence in respect of a use of waters or a deposit of waste in a federal area that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, unless

(2) Subparagraph 72.05(1)(b)(i) of the Act is replaced by the following:

(i) on the request of the applicant or the designated Inuit organization, the Board has made a joint determination of the appropriate compensation with the Nunavut Water Board, or

(3) Subparagraph 72.05(1)(b)(ii) of the English version of the Act is replaced by the following:

(ii) if the Board and the Nunavut Water Board are unable to jointly determine compensation, a judge of the Nunavut Court of Justice has determined the compensation.

149. Section 72.06 of the Act is replaced by the following:

72.06 The Board shall not consider a request referred to in subparagraph 72.05(1)(b)(i) unless the requester has negotiated in good faith and has been unable to reach an agreement.

150. Subsection 72.1(2) of the Act is replaced by the following:

(2) The Board shall require an applicant for a licence to provide the Board with the information and studies concerning the use of waters or deposit of waste proposed by the applicant that will enable the Board to evaluate any qualitative and quantitative effects of the use or deposit on waters.

151. Subsection 72.11(1) of the Act is replaced by the following:

72.11 (1) The Board may require an applicant for a licence that is to apply with respect to a federal area, a holder of such a licence or a prospective assignee of such a licence to furnish and maintain security with the federal Minister, in an amount specified in, or determined in accordance with, the regulations made under paragraph 90.3(1)(g) and in a form prescribed by those regulations or a form satisfactory to the federal Minister.

152. (1) The portion of subsection 72.12(1) of the Act before paragraph (a) is replaced by the following:

72.12 (1) Subject to subsections (2) and (3), the Board may

(2) The portion of paragraph 72.12(1)(a) of the English version of the Act before subparagraph (i) is replaced by the following:

(a) renew a licence, if the licensee applies for its renewal or if the renewal appears to the Board to be in the public interest, with or without changes to its conditions, for a term

(3) Subparagraph 72.12(1)(b)(iii) of the English version of the Act is replaced by the following:

(iii) in any other case, if the amendment appears to the Board to be in the public interest; and

(4) Subparagraph 72.12(1)(c)(iii) of the English version of the Act is replaced by the following:

(iii) in any other case, if the cancellation appears to the Board to be in the public interest.

153. Section 72.13 of the Act is replaced by the following:

72.13 The Board may issue, renew, amend or cancel — in respect of a federal area or lands outside a federal area — a type A licence, or a type B licence in connection with which a public hearing is held by the Board with respect to its issuance, renewal, amendment or cancellation, only with the approval of the federal Minister.

154. (1) Subsection 72.14(1) of the Act is replaced by the following:

72.14 (1) Any sale or other disposition of any right, title or interest, of a licensee who holds a licence in respect of a federal area, in an appurtenant undertaking constitutes, without further action by the licensee, an assignment of the licence to the person or persons to whom the sale or other disposition is made if the assignment of the licence was authorized by the Board.

(2) Subsection 72.14(2) of the Act is replaced by the following:

(2) The Board shall authorize the assignment of a licence if it is satisfied that neither the sale or other disposition of any right, title or interest of the licensee in the appurtenant undertaking at the time, in the manner and on the terms and conditions agreed to by the licensee, nor the operation of the appurtenant undertaking by the prospective assignee would be likely to result in a contravention of, or failure to comply with, any condition of the licence or any provision of this Act or the regulations.

155. (1) The portion of subsection 72.15(1) of the Act before paragraph (a) is replaced by the following:

72.15 (1) If the Board is satisfied that it would be in the public interest, it may hold a public hearing in connection with any matter relating to its objects, including, in respect of a federal area or lands outside a federal area,

(2) The portion of subsection 72.15(2) of the English version of the Act before paragraph (a) is replaced by the following:

(2) Subject to subsection (3), the Board shall hold a public hearing if it is considering, in respect of a federal area,

(3) Paragraphs 72.15(3)(a) to (c) of the Act are replaced by the following:

(a) if, after giving notice of a public hearing under section 72.16, the Board receives no notification on or before the 10th day before the day of the proposed hearing that any person or body intends to appear and make representations and the applicant or the licensee, as the case may be, consents in writing to the disposition of the matter without a public hearing;

(b) if, in the case of a renewal of a type A licence, the licensee has filed with the Board an application for renewal in accordance with the regulations made under paragraphs 90.3(1)(d) and (e) and the term of the renewal or renewals granted by the Board does not exceed 60 days in the aggregate; or

(c) if, in the case of an amendment to a type A licence under which the use, flow or quality of waters would be altered, the Board, with the consent of the federal Minister, declares the amendment to be required on an emergency basis.

156. Sections 72.16 to 72.2 of the Act are replaced by the following:

72.16 (1) Subject to subsection (4), the Board shall give notice of each application made to it — in respect of a federal area or lands outside a federal area — by publishing the application in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the Board considers appropriate.

(2) Subject to subsection (4), the Board shall give notice of a public hearing to be held by it by publishing a notice in a newspaper of general circulation in the area affected or, if there is not such a newspaper, in any other manner that the Board considers appropriate. The day fixed for the public hearing shall be at least 35 days after the day on which the requirements of this subsection have been met.

(3) Subject to subsection (4), if a public hearing is not held by the Board in connection with an application, the Board may not act on the application until at least 10 days after the requirements of subsection (1) have been met.

(4) Subsections (1) to (3) do not apply in respect of an application for the amendment of a licence if the Board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.

72.17 (1) The Board shall give notice of its intention to consider, on its own initiative, the renewal of a licence under paragraph 72.12(1)(a), or the amendment of a condition of a licence under subparagraph 72.12(1)(b)(ii) or (iii), by publishing a notice in a newspaper of general circulation in the area affected or, if there is not such a newspaper, in any other manner that the Board considers appropriate.

(2) The Board shall give notice of its intention to consider, on its own initiative, the renewal, or the amendment of a condition, of a licence in respect of lands outside a federal area in accordance with any territorial law by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the Board considers appropriate.

(3) Subsections (1) and (2) do not apply in respect of an application for the amendment of a licence if the Board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.

72.18 (1) With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or if the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 72.17(1) or (2).

(2) If the Board decides to issue, renew or amend the licence, that decision shall be immediately referred to the federal Minister for approval.

(3) The federal Minister shall, within 45 days after the Board’s decision is referred to him or her, notify the Board whether or not the decision is approved and, if it is not approved, provide written reasons in the notification.

(4) The federal Minister may extend the 45-day time limit by not more than an additional 45 days if he or she notifies the Board of the extension within the first 45 days.

(5) If the federal Minister does not notify the Board whether or not the decision is approved within the time limit referred to in subsection (3) or (4), whichever is applicable, the federal Minister is deemed to have given approval.

72.19 With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type B licence in connection with which no public hearing is held or if the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 72.17(1) or (2).

72.2 On an application for the issuance, renewal or amendment of a licence in respect of lands outside a federal area — other than a type A or type B licence — or, if the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 72.17(2).

157. The portion of section 72.21 of the Act before paragraph (a) is replaced by the following:

72.21 An application for the issuance, renewal or amendment of a licence is considered to be made on the day on which the Board is satisfied that the application is in the form, and contains all of the information,

158. Subsection 72.22(1) of the Act is replaced by the following:

72.22 (1) If the Board requires the applicant or the licensee to provide information or studies, then the period that is taken by that applicant or licensee, in the Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection 72.18(1), section 72.19 or 72.2 or of its extension.

159. Section 72.23 of the Act is replaced by the following:

72.23 The Board may suspend a time limit referred to in subsection 72.18(1) or section 72.19 or 72.2 or its extension

(a) if the Board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 72.03(5), until the applicant satisfies the Board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;

(b) if the Board is not permitted to issue a licence except in accordance with subsection 72.05(1), until the applicant has entered into a compensation agreement under paragraph 72.05(1)(a) or until a determination of compensation has been made under paragraph 72.05(1)(b), as the case may be;

(c) if the Board is not permitted to issue a licence with respect to lands outside a federal area except in accordance with any compensation requirement under any territorial law, until the requirement has been fulfilled; or

(d) if the Board determines that the applicant is required to enter into a compensation agreement under section 77 or 79.1, until the applicant satisfies the Board that they have done so or the Board has determined, under section 79 or 79.3, the compensation payable by the applicant.

160. Subsection 72.24(1) of the Act is replaced by the following:

72.24 (1) The federal Minister may, at the request of the Board, extend the time limit referred to in subsection 72.18(1), section 72.19 or 72.2 by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.

161. Section 72.25 of the Act is replaced by the following:

72.25 The Board shall issue, and make available to the public, written reasons for its decisions or orders relating to any licence, or any application for a licence, in respect of a federal area or lands outside a federal area.

162. Section 72.28 of the Act is replaced by the following:

72.28 The Board shall provide the territorial Minister with copies of licences issued under this Part and of any decisions and orders relating to such licences.

163. Sections 73 and 74 of the Act are replaced by the following:

73. (1) Despite sections 72 and 72.01 or any territorial law, the Gwich’in and Sahtu First Nations 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.

(2) Despite sections 72 and 72.01 or any territorial law — and subject to any applicable Tlicho laws and, in relation to waters that are on settlement lands, any limitations under the applicable land claim agreement that are of the same type as those that apply in relation to waters on Tlicho lands — Tlicho citizens have the right to use water in the part of Monfwi Gogha De Niitlee that is in the Northwest Territories without a licence, for purposes of wildlife harvesting under 10.1.1 of chapter 10 of the Tlicho Agreement, for purposes of transportation related to such wildlife harvesting and for heritage, cultural or spiritual purposes of the Tlicho First Nation.

74. Despite section 7.1, the Gwich’in and Sahtu First Nations 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 or any territorial law, as the case may be.

164. The portion of section 76 of the Act before paragraph (a) is replaced by the following:

76. The Board may issue, amend or renew a licence, permit or other authorization if the use of land or waters or the deposit of waste proposed by the applicant would, in the Board’s opinion, interfere with a first nation’s rights under section 75, if the Board is satisfied that

165. The portion of section 77 of the Act before paragraph (a) is replaced by the following:

77. The Board may issue, amend or renew a licence under section 76 only if

166. (1) Subsections 78(1) and (2) of the Act are replaced by the following:

78. (1) The Board shall notify a water authority in writing if the Board determines that a use of waters or a deposit of waste that is proposed, in an application made to the water authority, to be carried out in one of the places set out below 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:

(a) Nunavut or an area of the Northwest Territories outside the Mackenzie Valley;

(b) a park to which the Canada National Parks Act applies, or lands acquired under the Historic Sites and Monuments Act, in a settlement area.

(2) A water authority shall provide the Board with any information in its possession that the Board requires in order to make a determination under subsection (1).

(2) The portion of subsection 78(3) of the English version of the Act before paragraph (a) is replaced by the following:

(3) Despite any other Act, a water authority that is notified under subsection (1) is not permitted to authorize the proposed use of waters or deposit of waste unless

167. (1) Subsection 79(1) of the Act is replaced by the following:

79. (1) If a compensation agreement referred to in section 77 or 78, as the case may be, 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.

(2) The portion of subsection 79(2) of the Act before paragraph (a) is replaced by the following:

(2) On an application under subsection (1), the Board shall determine the compensation payable in respect of the proposed use of waters or deposit of waste, taking into consideration

(3) Paragraph 79(2)(d) of the English version of the Act is replaced by the following:

(d) any other factor that the Board considers relevant in the circumstances.

168. The portion of section 79.1 of the Act before paragraph (a) is replaced by the following:

79.1 The Board is not permitted to issue, amend or renew a licence for the use of waters or the deposit of waste if, in its opinion, that use or deposit is likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands unless

169. Subsection 79.2(1) of the Act is replaced by the following:

79.2 (1) The Board shall notify a water authority in writing if the Board determines that a use of waters or a deposit of waste that is proposed, in an application made to the water authority, to be carried out in one of the places set out below would be likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands:

(a) Nunavut or an area of the Northwest Territories outside the Mackenzie Valley;

(b) a park to which the Canada National Parks Act applies, or lands acquired under the Historic Sites and Monuments Act, in Wekeezhii.

170. Subsection 79.3(1) of the Act is replaced by the following:

79.3 (1) If a compensation agreement referred to in paragraph 79.1(b) or 79.2(3)(a), as the case may be, is not entered into, the applicant or the Tlicho Government may, after having participated in mediation under chapter 6 of the Tlicho Agreement, apply to the Board for a determination of compensation.

171. (1) The portion of subsection 80(3) of the Act before paragraph (a) is replaced by the following:

(3) On application by the person or department or agency requesting the supply or access, the Board shall

(2) Subsection 80(4) of the Act is replaced by the following:

(4) If 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).

172. The portion of subsection 80.1(4) of the Act before paragraph (a) is replaced by the following:

(4) On application by any person, department, agency or government requesting the supply of, or access to, materials under subsection (1) and after the applicant has participated in mediation under chapter 6 of the Tlicho Agreement, the Board shall

173. (1) Section 81 of the Act is replaced by the following:

81. A board is not permitted to issue, amend, renew or cancel a type A licence referred to in the Northwest Territories Waters Act, or a type B licence referred to in that Act in connection with which a public hearing is held by the board with respect to its issuance, renewal, amendment or cancellation, without the approval of the federal Minister.

(2) Section 81 of the Act is repealed.

174. (1) Section 82 of the Act is replaced by the following:

82. The federal Minister shall consult the boards with respect to the amendment of this Act or the making or amendment of any instrument under this Act.

(2) Section 82 of the Act is replaced by the following:

82. The federal Minister shall consult the Board with respect to the amendment of this Act or the making or amendment of any instrument under this Act.

175. (1) Subsection 83(1) of the Act is replaced by the following:

83. (1) The federal Minister may, after consultation with a board, give written policy directions that are binding on the board with respect to the exercise of any of its functions under this Act. The federal Minister shall also consult the Tlicho Government before giving such written policy directions to the Wekeezhii Land and Water Board.

(2) Subsections 83(1) to (3) of the Act are replaced by the following:

83. (1) The federal Minister may, after consultation with the Board and the Tlicho Government, give written policy directions that are binding on the Board with respect to the exercise of any of its functions under this Act.

(2) The Tlicho Government may, after consultation with the Board and the federal Minister, give written policy directions with respect to the exercise of any of the Board’s functions under this Part in relation to the use of Tlicho lands. Policy directions shall be binding on the Board to the extent that compliance with them does not require the Board to exceed its approved budget.

(3) Except as provided by subsection (4), policy directions do not apply in respect of any application that, at the time the directions are given, is pending before the Board or has been approved by the Board and is awaiting approval under section 72.13 or under any territorial law, as the case may be.

(3) Subsection 83(3) of the Act is replaced by the following:

(3) Except as provided by subsection (4), 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 72.13 or under any territorial law, as the case may be.

176. The Act is amended by adding the following after section 83: