Mackenzie Valley Resource Management Act

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Sections1,767

• 1Short title

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

• 2Definitions

  The definitions in this section apply in this Act.

• 2[p2]

  Déline Agreement means the Déline Final Self-Government Agreement among the Déline First Nation Band, the Déline Land Corporation, the Government of Canada and the Government of the Northwest Territories, signed on February 18, 2015, including any amendments made to it, that is approved, given effect and declared valid by the Déline Final Self-Government Agreement Act. (accord de Deline)

• 2[p3]

  Déline Got’ine Government means the government established in accordance with chapter 3 of the Déline Agreement. (gouvernement Gotine de Deline)

• 2[p4]

  Déline lands means the lands whose title is vested in the Déline Got’ine Government in accordance with 21.2.1 of the Déline Agreement. (terres de Deline)

• 2[p5]

  Déline law has the meaning assigned by the definition DGG Law in chapter 1 of the Déline Agreement. (loi de Deline)

• 2[p6]

  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. (dépôt de déchets)

• 2[p7]

  environment means the components of the Earth and includes

• 2[p7](a)

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

• 2[p7](b)

  all organic and inorganic matter and living organisms; and

• 2[p7](c)

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

• 2[p11]

  federal Minister means the Minister of Northern Affairs. (ministre fédéral)

• 2[p12]

  first nation means the Gwich’in First Nation, the Sahtu First Nation or bodies representing other Dene or Metis of the North Slave, South Slave or Deh Cho region of the Mackenzie Valley, but does not include the Tlicho First Nation or the Tlicho Government. (première nation)

• 2[p13]

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

• 2[p14]

  Gwich’in First Nation means the Gwich’in as represented by the Gwich’in Tribal Council referred to in the Gwich’in Agreement or by any successor to it. (première nation des Gwich’in)

• 2[p15]

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

• 2[p16]

  heritage resources means archaeological or historic sites, burial sites, artifacts and other objects of historical, cultural or religious significance, and historical or cultural records. (ressources patrimoniales)

• 2[p17]

  land claim agreement means the Gwich’in Agreement, the Sahtu Agreement or the Tlicho Agreement. (accord de revendication)

• 2[p18]

  local government means any local government established under the laws of the Northwest Territories, including a city, town, village, hamlet, charter community, settlement or government of a Tlicho community, whether incorporated or not, and includes the territorial government in the case where it is acting in the place of that local government in accordance with those laws. It also includes the Déline Got’ine Government in the case where it is exercising the jurisdiction and authority set out in 9.1 of the Déline Agreement. (administration locale)

• 2[p19]

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

• 2[p20]

  Monfwi Gogha De Niitlee means the area described in part 1 of the appendix to chapter 1 of the Tlicho Agreement. (Monfwi gogha de niitlee)

• 2[p21]

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

• 2[p22]

  Sahtu First Nation means the Sahtu Dene and Metis as represented by The Sahtu Secretariat Incorporated, a corporation without share capital under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, being the successor, for the purposes of this Act, to the Sahtu Tribal Council referred to in the Sahtu Agreement, or by any successor to that corporation. It also includes the Déline Got’ine Government in the case where The Sahtu Secretariat Incorporated or its successor has made a delegation or assignment to that government of any powers and functions conferred under this Act. (première nation du Sahtu)

• 2[p23]

  settlement area means the area described in appendix A to the Gwich’in Agreement or in appendix A to the Sahtu Agreement. (région désignée)

• 2[p24]

  settlement lands means lands referred to as settlement lands in the Gwich’in Agreement or the Sahtu Agreement. (terres désignées)

• 2[p25]

  territorial government means the government of the Northwest Territories. (gouvernement territorial)

• 2[p26]

  territorial law means any law of the Legislature of the Northwest Territories. (règle de droit territoriale)

• 2[p27]

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

• 2[p28]

  Tlicho Agreement means the Land Claims and Self-Government Agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, signed on August 25, 2003 and approved, given effect and declared valid by the Tlicho Land Claims and Self-Government Act, as that Agreement is amended from time to time in accordance with its provisions. (accord tlicho)

• 2[p29]

  Tlicho citizen means a person whose name is on the Register as defined in chapter 1 of the Tlicho Agreement. (citoyen tlicho)

• 2[p30]

  Tlicho community means a community for which a community government is established in accordance with chapter 8 of the Tlicho Agreement. (collectivité tlicho)

• 2[p31]

  Tlicho First Nation means the aboriginal people of Canada to whom section 35 of the Constitution Act, 1982 applies, consisting of all Tlicho citizens. (première nation tlicho)

• 2[p32]

  Tlicho Government means the government of the Tlicho First Nation established in accord­ance with chapter 7 of the Tlicho Agreement. (gouvernement tlicho)

• 2[p33]

  Tlicho lands means Tlicho lands as defined in chapter 1 of the Tlicho Agreement. (terres tlichos)

• 2[p34]

  Tlicho law means a law enacted by the Tlicho Government. (loi tlicho)

• 2[p35]

  Wekeezhii means the area described in part 2 of the appendix to chapter 1 of the Tlicho Agreement. (Wekeezhii)

• 3Consultation

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

• 3(a)

  by providing, to the party to be consulted,

• 3(a)(i)

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

• 3(a)(ii)

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

• 3(a)(iii)

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

• 3(b)

  by considering, fully and impartially, any views so presented.

• 4Delegation
• 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.

• 4(2)Included functions

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

• 4(3)Delegation to aboriginal organizations

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

• 4(4)Delegation by Tlicho Government

  The Tlicho Government may, in conformity with the Tlicho Agreement, delegate any of its functions under this Act to

• 4(4)(a)

  a body or office established by a Tlicho law;

• 4(4)(b)

  any department, agency or office of the federal or the territorial government;

• 4(4)(c)

  a board or other public body established by or under an Act of Parliament or by a territorial law; or

• 4(4)(d)

  a local government.

• 4(5)Delegation by Déline Got’ine Government

  The Déline Got’ine Government may, in conformity with the Déline Agreement, delegate any of its functions under this Act to

• 4(5)(a)

  a body or office established by a Déline law;

• 4(5)(b)

  a department, agency or office of the federal or the territorial government;

• 4(5)(c)

  a board or other public body established by or under an Act of Parliament or by a territorial law; or

• 4(5)(d)

  any other entity.

• 5Conflict
• 5(1)

  If there is any inconsistency or conflict between this Act and a land claim agreement, the Déline Agreement, an Act giving effect to any of those agreements or the Indian Act, then the land claim agreement, the Déline Agreement, the Act or the Indian Act prevails over this Act to the extent of the inconsistency or conflict.

• 5(2)Rights of Indigenous peoples

  This Act is to be construed as upholding the Aboriginal and treaty rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.

• 5(3)Indigenous peoples

  For the purposes of subsection (2), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.

• 5.1Agreement between Tlicho Government and another aboriginal people

  The rights of the Tlicho First Nation, Tlicho citizens and the Tlicho Government under this Act are subject to the provisions of any agreement entered into between the Tlicho Government and an aboriginal people, other than the Tlicho First Nation, under 2.7.3 of chapter 2 of the Tlicho Agreement.

• 5.2Time limits
• 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:

• 5.2(1)(a)

  the federal Minister;

• 5.2(1)(b)

  the Gwich’in Land Use Planning Board;

• 5.2(1)(c)

  the Sahtu Land Use Planning Board;

• 5.2(1)(d)

  the Gwich’in Land and Water Board;

• 5.2(1)(e)

  the Sahtu Land and Water Board;

• 5.2(1)(f)

  the Wekeezhii Land and Water Board;

• 5.2(1)(g)

  the Mackenzie Valley Land and Water Board;

• 5.2(1)(h)

  a responsible minister, as defined in section 111;

• 5.2(1)(i)

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

• 5.2(1)(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 40(2) of the Impact Assessment Act; and

• 5.2(1)(k)

  a designated regulatory agency, as defined in section 111.

• 5.2(2)Exception

  Subsection (1) does not apply with respect to

• 5.2(2)(a)

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

• 5.2(2)(b)

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

• 5.2(3)Regulations

  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).

• 6Application

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

• 7Application to Her Majesty

  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).

• 7.1Waters vested in Her Majesty

  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.

• 7.2Other Acts, etc., to be complied with

  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.

• 8Consultation
• 8(1)

  The federal Minister shall consult the first nations, the Tlicho Government and the Déline Got’ine Government with respect to the amendment of this Act.

• 8(2)Review of Act

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

• 9Definition of board

  In this Part, board means any board established by this Act.

• 9.1Purpose

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

• 10Capacity

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

• 11Appointment of members by federal Minister
• 11(1)

  The members of a board — other than the chairperson, any members appointed pursuant to a determination under section 15 and any members appointed by the Tlicho Government under subsection 57.1(2) or in accordance with an agreement referred to in that subsection — shall be appointed by the federal Minister in accordance with Parts 2 to 5.

• 11(2)Alternate members

  Except in the case of the Wekeezhii Land and Water Board, the federal Minister may appoint

• 11(2)(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

• 11(2)(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).

• 12Chairperson
• 12(1)

  Except in the case of the Wekeezhii 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.

• 12(2)Appointment by federal Minister

  Except in the case of the Wekeezhii 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.

• 12(2.1)Wekeezhii Land and Water Board

  The chairperson of the Wekeezhii Land and Water Board shall be appointed jointly by the federal Minister and the Tlicho Government on the nomination of the members of the Board other than the chairperson.

• 12(3)Absence or incapacity of chairperson

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

• 13Duties of chairperson

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

• 14Term of office
• 14(1)

  A member of a board holds office for a term of three years.

• 14(2)Reappointment

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

• 14(3)Removal by federal Minister after consultation

  A member who has been appointed by the federal Minister may not be removed from office except after consultation by the federal Minister with the board and, where applicable, with the territorial Minister, the first nation or the Tlicho Government that nominated the member.

• 14(4)Removal by Tlicho Government after consultation

  A member of the Wekeezhii 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.

• 15Implementation of right of representation of other Aboriginal peoples

  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 who are either nominated by a first nation, nominated or appointed by the Tlicho Government 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, as the case may be, and who are temporarily appointed to implement that right remains equal to the number of other members not including the chairperson.

• 16Conflict of interest
• 16(1)

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

• 16(2)Status or entitlements under agreement

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

• 17Remuneration
• 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.

• 17(2)Expenses

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

• 18Staff
• 18(1)

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

• 18(2)Sharing of staff and facilities

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

• 19Benefits

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

• 20Protection from personal liability

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

• 21Decision by majority
• 21(1)

  A decision of a majority of the members of a board present at a meeting is a decision of the board.

• 21(2)Participation by telephone

  Subject to the by-laws of a board, any member may participate in a meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed to be present at the meeting.

• 22Government information

  Subject to any other federal or territorial law and to any Tlicho law or Déline law, a board may obtain from any department or agency of the federal or territorial government, the Tlicho Government or the Déline Got’ine Government any information in the possession of the department, agency, Tlicho Government or Déline Got’ine Government that the board requires for the performance of its functions.

• 23Enforcement of orders

  A decision or order of a board may be made an order of the Supreme Court of the Northwest Territories by the filing of a certified copy of it with the registrar of the Court, and a decision or order so filed is enforceable in the same manner as an order of that Court.

• 24Hearings

  In addition to hearings that a board is authorized or required to hold under this Act, a board may conduct any hearings that it considers to be desirable for the purpose of carrying out any of its functions.

• 24.1Coordination

  A board shall coordinate its activities, including hearings, with the activities of

• 24.1(a)

  other boards;

• 24.1(b)

  departments and agencies of the federal government that have responsibility for the administration, management and control of parks to which the Canada National Parks Act applies or lands acquired pursuant to the Historic Sites and Monuments Act;

• 24.1(c)

  committees established under any of the land claim agreements for the management of parks to which the Canada National Parks Act applies;

• 24.1(d)

  committees, or similar bodies, established for the management of protected areas as defined in any of the land claim agreements;

• 24.1(e)

  renewable resources boards established under any of the land claim agreements; and

• 24.1(f)

  land use planning bodies established for Wekeezhii or any part of Wekeezhii.

• 25Judicial powers of a board

  In proceedings before a board established under Part 3, 4 or 5, the board has the powers, rights and privileges of a superior court with respect to the attendance and examination of witnesses and the production and inspection of documents.

• 26Annual budget
• 26(1)

  A board shall in each year submit for the consideration of the federal Minister an operating budget for the following fiscal year.

• 26(2)Accounts

  A board shall maintain books of account and related records in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor.

• 26(3)Consolidated financial statements

  A board shall annually prepare consolidated financial statements in accordance with the accounting principles referred to in subsection (2) and shall include in them such supporting information or statements as are required.

• 26(4)Audit

  The accounts, financial statements and financial transactions of a board may be audited by the Auditor General of Canada, who shall make a report of the audit to the board, which shall transmit the report to the federal Minister.

• 26(5)Funding

  The federal Minister may establish funding arrangements with each board specifying the manner in which funding will be made available pursuant to a budget approved by the federal Minister.

• 27Payment of fees

  Fees paid pursuant to any provision of this Act or the regulations shall be deposited to the credit of the Receiver General.

• 28Annual report
• 28(1)

  A board shall, within three months after the end of each fiscal year, submit to the federal Minister, in such form as the Minister may specify, a report on the activities of the board in that year including its financial statements for the year.

• 28(2)Publication

  The federal Minister shall make the annual report of a board available to the public.

• 29By-laws

  A board may make by-laws respecting the conduct and management of its internal administrative affairs, including by-laws providing for the maintenance at its office of the minutes of its meetings.

• 30Rules
• 30(1)

  Subject to any other provisions of this Act, a board may make rules

• 30(1)(a)

  respecting its practice and procedure in relation to applications to the board and their disposition, including the service of documents, the imposition of reasonable time limits and the submission of comments by the public; and

• 30(1)(b)

  for preventing trade secrets and information described in section 20 of the Access to Information Act from being disclosed or made public as a result of their being used as evidence before the board, including rules providing for hearings to be held in private.

• 30(2)Publication of notice

  Before making rules under this section, a board shall publish notice of its intention in the Canada Gazette and in a newspaper circulated in the Mackenzie Valley, inviting interested persons to submit written representations to the board with respect to the proposed rules within thirty days after the publication of notice.

• 30(3)No further notice

  Where notice is published under subsection (2), further notice need not be published if the proposed rules are amended solely in response to representations submitted to the board.

• 31Statutory Instruments Act
• 31(1)

  Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules under section 30, a land use plan or amendment 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), (2) or (2.1), directions under section 106, policy directions under section 109 or 109.1 or subsection 142.2(1) or guidelines under section 120.

• 31(2)Notice in Canada Gazette

  A notice shall be published in the Canada Gazette immediately after policy directions are received by a board, a land use plan or amendment thereto is approved, or any other instrument referred to in subsection (1) is made or issued, stating that copies thereof are available to the public at the main office of the board and at such other locations as the board considers appropriate.

• 31(3)Statutory Instruments Act

  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.

• 32Exclusive original jurisdiction

  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.

• 33Definition of planning board

  In this Part, planning board means the Gwich’in Land Use Planning Board or the Sahtu Land Use Planning Board established by sections 36 and 38, respectively.

• 34Application of Part 2

  Subject to subsection 46(2), this Part does not apply in respect of lands in a settlement area that comprise a park to which the Canada National Parks Act applies, that have been acquired pursuant to the Historic Sites and Monuments Act or that are situated within the boundaries of a local government.

• 35Guiding principles

  Land use planning for a settlement area shall be guided by the following principles:

• 35(a)

  the purpose of land use planning is to protect and promote the social, cultural and economic well-being of residents and communities in the settlement area, having regard to the interests of all Canadians;

• 35(b)

  special attention shall be devoted to the rights of the Gwich’in and Sahtu First Nations under their land claim agreements, to protecting and promoting their social, cultural and economic well-being and to the lands used by them for wildlife harvesting and other resource uses; and

• 35(c)

  land use planning must involve the participation of the first nation and of residents and communities in the settlement area.

• 36Board established
• 36(1)

  There is hereby established, in respect of the settlement area referred to in the Gwich’in Agreement, a board to be known as the Gwich’in Land Use Planning Board.

• 36(2)Membership

  The Board shall consist of five members including, apart from the chairperson, two members appointed on the nomination of the Gwich’in First Nation and one member appointed on the nomination of the territorial Minister.

• 36(3)Quorum

  A quorum of the Board consists of three members, including one of the members appointed on the nomination of the Gwich’in First Nation and one of the members not so appointed other than the chairperson.

• 37Main office

  The main office of the Board shall be located in the settlement area referred to in the Gwich’in Agreement.

• 38Board established
• 38(1)

  There is hereby established, in respect of the settlement area referred to in the Sahtu Agreement, a board to be known as the Sahtu Land Use Planning Board.

• 38(2)Membership

  The Board shall consist of five members including, apart from the chairperson, two members appointed on the nomination of the Sahtu First Nation and one member appointed on the nomination of the territorial Minister.

• 38(3)Quorum

  A quorum of the Board consists of three members, including one of the members appointed on the nomination of the Sahtu First Nation and one of the members not so appointed other than the chairperson.

• 39Main office

  The main office of the Board shall be located in the settlement area referred to in the Sahtu Agreement.

• 40Objectives and other factors

  The planning board for a settlement area shall, after consultation with the federal Minister, the territorial Minister and the first nation of the settlement area, determine the objectives to be considered and the other factors to be taken into account in the preparation of a land use plan for the settlement area.

• 41Preparation of land use plan
• 41(1)

  A planning board shall prepare and adopt a land use plan for submission and approval under section 43.

• 41(2)Purpose of land use plan

  A land use plan shall provide for the conservation, development and use of land, waters and other resources in a settlement area.

• 41(3)Contents of land use plan

  A land use plan may include

• 41(3)(a)

  maps, diagrams and other graphic materials;

• 41(3)(b)

  written statements, policies, guidelines and forecasts;

• 41(3)(c)

  descriptions of permitted and prohibited uses of land, waters and resources;

• 41(3)(d)

  authority for the planning board to make exceptions to the plan and the manner of exercising that authority; and

• 41(3)(e)

  any other information that the planning board considers appropriate.

• 41(4)Settlement lands

  A planning board shall take into consideration a land use plan proposed by the first nation for its settlement lands in the settlement area, and may incorporate that plan into the land use plan for the settlement area.

• 42Public notice
• 42(1)

  A planning board shall publish in the settlement area and in adjoining settlement areas in the Mackenzie Valley a notice inviting interested persons to examine at specified times and places a draft of the land use plan prepared by it.

• 42(2)Public hearings

  A planning board may hold public hearings in relation to a proposed land use plan after publishing in the settlement area and in adjoining settlement areas in the Mackenzie Valley a notice specifying the times and places of the hearings and the procedure to be followed.

• 43Submission to first nation and Ministers
• 43(1)

  Following the adoption of a land use plan, the planning board shall submit it to the first nation of the settlement area, the territorial Minister and the federal Minister.

• 43(2)Approval by first nation

  Where a first nation approves a land use plan, it shall notify the federal Minister and the territorial Minister in writing of the approval.

• 43(3)Territorial approval

  On being notified pursuant to subsection (2), the territorial Minister may approve the land use plan, and in that case shall notify the first nation and the federal Minister in writing.

• 43(4)Federal approval

  On being notified under subsections (2) and (3), the federal Minister may approve the land use plan, which takes effect on the date of its approval by the federal Minister.

• 43(5)Objections to plan

  Where a party to which a land use plan is submitted does not approve the plan, that party shall notify the other parties and the planning board, in writing, of the reasons for not approving the plan.

• 43(6)Reconsideration of plan

  After a planning board has considered any reasons provided to it under subsection (5) and made any modifications to the land use plan that it considers desirable, it shall submit the plan for approval as provided in subsection (1).

• 44Functions after plan approval

  Subsequent to the approval of a land use plan, a planning board shall

• 44(a)

  monitor the implementation of the plan; and

• 44(b)

  where so authorized by the plan, consider applications for exceptions to the plan.

• 45Cooperative planning
• 45(1)

  The planning board for a settlement area may cooperate with any body responsible for land use planning in any other area, either within or outside the Northwest Territories, that is adjacent to the settlement area.

• 45(2)Joint land use plans

  A planning board may, in conjunction with a body referred to in subsection (1), prepare a land use plan for the settlement area and an adjacent area of the Mackenzie Valley, which shall be subject to the requirements of this Part in respect of the portion of the plan relating to the settlement area.

• 46First nations, governments and licensing bodies
• 46(1)

  The Gwich’in and Sahtu First Nations, departments and agencies of the federal and territorial governments, and every body having authority under any federal or territorial law to issue licences, permits or other authorizations relating to the use of land or waters or the deposit of waste, shall carry out their powers in accordance with the land use plan applicable in a settlement area.

• 46(2)National parks and historic sites

  In particular, measures carried out by a department or agency of government leading to the establishment of a park subject to the Canada National Parks Act, and the acquisition of lands pursuant to the Historic Sites and Monuments Act, in a settlement area shall be carried out in accordance with the applicable land use plan.

• 47Determination of conformity
• 47(1)

  A planning board shall determine whether an activity is in accordance with a land use plan where