Northwest Territories Devolution Act (S.C. 2014, c. 2)
| Published date | 17 July 2014 |
| Section | Part III - Acts of Parliament |
| Gazette Issue | 1 - [object Object] |
S.C. 2014, c. 2
Assented to 2014-03-25
An Act to replace the Northwest Territories Act to implement certain provisions of the Northwest Territories Lands and Resources Devolution Agreement and to repeal or make amendments to the Territorial Lands Act, the Northwest Territories Waters Act, the Mackenzie Valley Resource Management Act, other Acts and certain orders and regulations
Part 1 enacts the Northwest Territories Act and implements certain provisions of the Northwest Territories Lands and Resources Devolution Agreement. It also amends and repeals other Acts and certain orders and regulations.
Part 2 amends the Territorial Lands Act to modify the offence and penalty regime and create an administrative monetary penalty scheme. It also adds inspection powers.
Part 3 amends the Northwest Territories Waters Act to make changes to the jurisdiction and structure of the Inuvialuit Water Board, to add a regulation-making authority for cost recovery, to establish time limits with respect to the making of certain decisions, to modify the offence and penalty regime, to create an administrative monetary penalty scheme and to make other changes.
Part 4 amends the Mackenzie Valley Resource Management Act to consolidate the structure of the Mackenzie Valley Land and Water Board, to establish time limits for environmental assessments and reviews and to expand ministerial policy direction to land use planning boards and the Mackenzie Valley Environmental Impact Review Board. This Part also amends the administration and enforcement provisions of Part 3 of that Act and establishes an administration and enforcement scheme in Part 5 of that Act, including the introduction of enforceable development certificates. Moreover, it adds an administrative monetary penalty scheme to the Act. Lastly, this Part provides for the establishment of regional studies and regulation-making authorities for, among other things, consultation with aboriginal peoples and for cost recovery and incorporates into that Act the water licensing scheme from the Northwest Territories Waters Act as part of the implementation of the Northwest Territories Lands and Resources Devolution Agreement.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
1. This Act may be cited as the Northwest Territories Devolution Act.
PART 1NORTHWEST TERRITORIES ACT Enactment of ActMarginal note:Enactment
2. The Northwest Territories Act is enacted as follows:
Marginal note:Short title
1. This Act may be cited as the Northwest Territories Act.
INTERPRETATIONMarginal note:Definitions
2. The following definitions apply in this Act.
-
“Aboriginal party”
« partie autochtone »
“Aboriginal party” means an Aboriginal organization that is a party to the Agreement.
-
“Agreement”
« accord »
“Agreement” means the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013, as amended from time to time.
-
“federal appurtenant undertaking”
« entreprise fédérale en cause »
-
“federal appurtenant undertaking” means an undertaking in relation to which a use of waters or a deposit of waste is permitted by a licence and that is
-
(a) related to remediation that is performed by or on behalf of Her Majesty in right of Canada
(i) under the Agreement, or
(ii) in respect of an Excepted Waste Site as defined in section 1.1 of the Agreement; or
(b) located on public lands that are under the administration of a federal minister.
-
-
“former Act”
« ancienne loi »
“former Act” means the Northwest Territories Act, chapter N-27 of the Revised Statutes of Canada, 1985.
-
“gas”
« gaz »
“gas” means natural gas — including coal-bed methane — and all substances other than oil that are produced in association with natural gas.
-
“Gwich’in Agreement”
« accord gwichin »
“Gwich’in Agreement” means the Agreement as defined in section 2 of the Gwich’in Land Claim Settlement Act.
-
“Inuvialuit Final Agreement”
« Convention définitive des Inuvialuits »
“Inuvialuit Final Agreement” means the Agreement as defined in section 2 of the Western Arctic (Inuvialuit) Claims Settlement Act.
-
“line of delimitation”
« ligne de démarcation »
“line of delimitation” means the Line of Delimitation that is described in Schedule 18 to the Agreement.
-
“minerals”
« ressources minérales »
“minerals” means precious or base metals or other non-living naturally occurring substances — including coal, but not including oil, gas or water — that are, or were before their production, part of the land, whether solid, liquid or gaseous.
-
“Minister”
« ministre »
“Minister” means the Minister of Indian Affairs and Northern Development.
-
“Northwest Territories”
« Territoires du Nord-Ouest »
“Northwest Territories” means that part of Canada that is north of the 60th parallel of north latitude, west of the boundary described in Schedule I to the Nunavut Act and not within Yukon.
-
“oil”
« pétrole »
-
“oil” means
(a) crude petroleum — regardless of gravity — that is produced at a well-head in liquid form; or
(b) any other hydrocarbons — except coal and gas — including hydrocarbons that may be extracted or recovered from surface or subsurface deposits, including deposits of oil sand, bitumen, bituminous sand or oil shale and other types of deposits.
-
“onshore”
« région intracôtière »
-
“onshore” means that part of Canada that is north of the 60th parallel of north latitude, west of the boundary described in Schedule I to the Nunavut Act and not within Yukon that consists of the following lands:
(a) lands, including lands under water, that lie landward of the low-water line — or in respect of Inuvialuit lands as defined in section 2 of the Inuvialuit Final Agreement, landward of the mean or ordinary high-water mark — of the sea coast of the mainland or of the sea coast of any naturally occurring permanent island;
(b) lands under water that are within small enclosed bays along the sea coast of the mainland or the sea coast of any naturally occurring permanent island; and
(c) lands, including lands under water, that lie landward of the line of delimitation and seaward of the low-water line — or in respect of lands that are contiguous with the sea coast of Inuvialuit lands as defined in section 2 of the Inuvialuit Final Agreement, seaward of the mean or ordinary high-water mark — of the sea coast of the mainland.
It does not include lands that lie seaward of the line of delimitation, other than those lands — including lands under water — that lie landward of the low-water line of the sea coast of those naturally occurring permanent islands and those lands under water that are within small enclosed bays along the sea coast of those islands.
-
“public lands”
« terres domaniales »
-
“public lands” means
(a) lands — including minerals, oil, gas, timber or wood and buildings, structures, improvements or other fixtures — that are situated in the onshore and that belong to Her Majesty in right of Canada; or
(b) interests — in lands that are situated in the onshore — that belong to Her Majesty in right of Canada.
-
“Sahtu Agreement”
« accord du Sahtu »
“Sahtu Agreement” means the Agreement as defined in section 2 of the Sahtu Dene and Metis Land Claim Settlement Act.
-
“self-government agreement”
« accord sur l’autonomie gouvernementale »
-
“self-government agreement” means an agreement between Her Majesty in right of Canada and an Aboriginal people of the Northwest Territories that is implemented by an Act of Parliament and that recognizes
(a) the legal status and capacity of a governing body to represent that Aboriginal people; and
(b) the authority of that governing body to enact laws.
-
“settlement agreement”
« entente de règlement »
“settlement agreement” means an agreement that is listed in Schedule 1 to the Agreement.
-
“settlement lands”
« terres visées par un règlement »
“settlement lands” means lands in the Northwest Territories whose title is vested in an Aboriginal organization under a settlement agreement.
-
“small enclosed bay”
« petite baie fermée »
-
“small enclosed bay” means any coastal indentation that meets the following conditions:
(a) the distance of a straight line across the entrance of the indentation at the low-water line measures four kilometres or less; and
(b) the area of the indentation, including any islands or parts of islands lying within the indentation, is greater than that of a semicircle whose diameter is the distance of the straight line referred to in paragraph (a).
-
“Tlicho Agreement”
« accord tlicho »
“Tlicho Agreement” means the Agreement as defined in section 2 of the Tlicho Land Claims and Self-Government Act.
-
“waters”
« eaux »
“waters” means any inland waters — whether in a liquid or frozen state — that are on or below the surface of lands that are situated in the onshore.
Marginal note:Consultation
3. Wherever in this Act a reference is made, in relation to any matter, to a duty to consult, that duty must be exercised
-
(a) by providing the person to be consulted with the following:
(i) notice of the matter in sufficient form and detail to allow the person to prepare their views on the matter,
(ii) a reasonable period for the person to prepare those views, and
(iii) an opportunity to present those views to the person having that duty; and
(b) by considering, fully and impartially, any views so presented.
Marginal note:Commissioner
4. (1) A Commissioner of the Northwest Territories must be appointed by order of the Governor in Council.
-
Marginal note:Publication of order
(2) The order appointing the Commissioner must be published in the Canada Gazette.
-
Marginal note:Instructions
(3) The Commissioner must act in accordance with any written instructions given to him or her by the Governor in Council or the Minister.
-
Marginal note:Instructions laid before Legislative Assembly of the Northwest Territories
(4) The Commissioner must, as soon as possible after receiving written instructions, make them available to the Executive Council of the Northwest Territories and cause them to...
To continue reading
Request your trial