The Mackenzie Valley Resource Management Act

Author: (Aboriginal and Territorial Relations)
Date: (March 2007)

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Table of Contents


Published under the authority of the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians Ottawa, 2007 www.ainc-inac.gc.ca 1-800-567-9604 TTY only 1-866-553-0554

QS-Y161-010-EE-A1
Catalogue No.R2-458/2007E-PDF

ISBN 978-0-662-45084-9

© Minister of Public Works and Government Services Canada

Cette publication est aussi disponible en français sous le titre: La Loi sur la gestion des ressources de la vallée du Mackenzie Guide du citoyen

This booklet is for you.

If you wish to learn more about the Northwest Territories (NWT) regulatory process and the Mackenzie Valley Resource Management Act (MVRMA), this Guide is for you. It provides the general information on key aspects of the process and Act, in plain language. The Guide focuses on the following areas:

  • An explanation of resource management in the NWT
  • The role of public boards in this process
  • An overview of the regulatory process
  • The role of the public

This Guide is meant as a general reference tool. It provides a basic introduction to the management of land and water in the portion of the NWT covered by the MVRMA. If you have questions about the MVRMA or its application in the Northwest Territories, please contact Indian and Northern Affairs Canada or any of the land and water boards listed in the Contacts section at the end of this guide, for further information. You can reach us at:

Indian and Northern Affairs Canada (INAC), NWT Region:

Operations Directorate
Box 1500, Yellowknife, NT X1A 2R3
Tel.: (867) 669-2630
Fax: (867) 669-2706
Website: http://nwt-tno.inac-ainc.gc.ca

Board Relations Secretariat
Box 1500, Yellowknife, NT X1A 2R3
Tel.: (867) 669-2569
Fax: (867) 669-2871

Please note that if there are inconsistencies between information in this guide and the applicable legislation or its regulations, official regulations and agreements prevail.

Other helpful guides in this series include:

  • Your Guide to Who Manages Crown Land in the Northwest Territories
  • A Citizen's Guide to Oil and Gas in the Northwest Territories
  • A Citizen's Guide to Mining in the NWT
  • A Citizen's Guide to DIAND's Environmental Management in the NWT

These Guides are available on our website or in hard copy through our district offices.



Mackenzie Valley Resource Management Act (MVRMA)

What is the MVRMA?

This federal legislation creates an integrated co-management structure for public and private lands and waters throughout the Mackenzie Valley in the Northwest Territories. The Act was proclaimed December 22, 1998, and Part IV, establishing the Mackenzie Valley Land and Water Board, was proclaimed on March 31, 2000.

The Act establishes public boards to regulate the use of land and water, to prepare regional land use plans to guide development, and to carry out environmental assessment and reviews of proposed projects in the Mackenzie Valley. The Act also makes provisions for monitoring cumulative impacts on the environment, and for periodic, independent environmental audits.

As institutions of public government, the boards regulate all uses of land and water while considering the economic, social and cultural well-being of residents and communities in the Mackenzie Valley.

Where is the Mackenzie Valley?

The Mackenzie Valley, as defined in the Act, includes all of the Northwest Territories, with the exception of the Inuvialuit Settlement Region, and the Wood Buffalo National Park.

What is a public board?

A public board is a group of persons administering an organization established by law, in this case the MVRMA.

Public boards under the MVRMA are formed through nominations. Under the land claims agreements, First Nations are entitled to nominate one half of the members of a board, reflecting its jurisdiction over all lands including First Nation settlement lands. The final authority for appointment of members to the public boards, with the exception of the Wek'eezhii Land and Water Board, rests with the Minister of Indian Affairs and Northern Development.

Who are you referring to when you talk about First Nations?

First Nations in the Mackenzie Valley refers to the Gwich'in First Nation (represented by the Gwich'in Tribal Council), the Sahtu First Nation (represented by the Sahtu Secretariat Incorporated), the Tlicho First Nation (represented by the Tlicho government) or bodies representing other Dene or Métis of the North Slave, South Slave or Dehcho regions.

How many parts are there to the MVRMA?

The Act is made up of seven parts:

 
Part I
General Provisions Respecting Boards
 
Part II
Land Use Planning
 
Part III
Land and Water Regulation
 
Part IV
Mackenzie Valley Land and Water Board
 
Part V
Mackenzie Valley Environmental Impact Review Board
 
Part VI
Environmental Monitoring and Audit
 
Part VII
Transitional Provisions, Consequential Amendments, and Coming Into Force

What Acts and regulations are associated with the Mackenzie Valley Resource Management Act?

MVRMA: The following regulations are associated with the MVRMA. Please visit: http://laws.justice.gc.ca/en/M-0.2  

  • Mackenzie Valley Land Use Regulations - outlines what types of land use activities may require a permit.

  • Preliminary Screening Requirement Regulations - outlines what types of project proposals require a preliminary screening prior to an authorization being issued for that project.

  • Exemption List Regulations - outlines activities that do not require preliminary screening.

NWT Waters Act (NWTWA): The following regulations are associated with the NWTWA. Please visit: http://laws.justice.gc.ca/en/N-27.3  

  • Northwest Territories Waters Regulations - outlines what type of water use may require a licence.

Territorial Lands Act (TLA): the following regulations are associated with the TLA. Please visit: http://laws.justice.gc.ca/en/T-7  

  • Territorial Land Use Regulations - outlines what type of activities required a permit prior to the establishment of the Land and Water Boards.

What boards have been created by the Mackenzie Valley Resource Management Act?

The following Valley-wide Boards were created:

  • Mackenzie Valley Land and Water Board - Yellowknife
  • Mackenzie Valley Environmental Impact Review Board - Yellowknife

The following regional boards were also created:

  • Gwich'in Land and Water Board - Inuvik
  • Sahtu Land and Water Board - Fort Good Hope
  • Gwich'in Land Use Planning Board - Inuvik
  • Sahtu Land Use Planning Board - Fort Good Hope
  • Wek'eezhii Land and Water Board - Wekweètì

What are the boards' responsibilities?

Under the Act, the public boards are responsible for:

  • regulating all uses of land and water in the Mackenzie Valley
  • preparing regional land use plans to guide the development
  • carrying out the environmental assessment and regulatory review process

What do the public boards do?

The public boards perform regulatory functions, such as permitting and licensing, and conducting environmental reviews, previously undertaken by Indian and Northern Affairs Canada and the NWT Water Board. This includes issuing land use permits and water licences under the Mackenzie Valley Land Use Regulations and the Northwest Territories Waters Act and Regulations, within the Mackenzie Valley. Each board has its own specific jurisdiction.

There are also land use planning boards which are responsible for developing and implementing a land use plan for their respective settlement areas in the Mackenzie Valley.

The Mackenzie Valley Environmental Impact Review Board (MVEIRB) is responsible for environmental impact review and assessment at a valley-wide level, including not only the Dehcho region but also the Sahtu, Gwich'in and Tlicho settlement areas.

How do I find out who is currently sitting on a public board?

For the most current information please contact the appropriate board, or visit their website. These addresses are noted in the Contacts section of this guide.



Land and Water Boards

What does the Mackenzie Valley Land and Water Board do?

The main function of this board is to issue land use permits and water licences on land in unsettled land claim areas (i.e. the Dehcho, and North and South Slave areas). The board also processes transboundary land and water use applications (i.e. projects that cross settled or unsettled land claim boundaries).

The board's other functions include:

  • ensuring consistency in the application of the legislation throughout the Mackenzie Valley;
  • administering land use permits and water licences that were issued prior to the MVRMA.

What do the land and water boards do in the settled claims areas?

The Gwich'in, Sahtu and Wek'eezhii Land and Water Boards issue land use permits and water licences in their respective areas on public and private lands. They are regional panels of the Mackenzie Valley Land and Water Board.

Applications for permits or licences, where the use and its impact take place entirely within either the Gwich'in, Sahtu or Tlicho Regions, should be sent to the appropriate regional panel.

How can I participate in the land and water board process?

Public involvement is the cornerstone of the MVRMA. The land and water boards are required to notify affected communities or First Nations of any new applications for permits or licences. Notices may be posted in the local newspaper and are available for public viewing at the board offices where they maintain a Public Registry. Applications may also be viewed on the boards' website.

The land and water boards must allow a reasonable period of time for any interested parties or community members to make a presentation to the board with respect to the application. Please direct any related questions to the appropriate board.

Are the land and water boards the final authority?

Decisions of the land and water boards are subject to review by the Supreme Court of the Northwest Territories and the Federal Court of Canada.

What role does the Minister of Indian Affairs and Northern Development play?

After consultation with the land and water boards, the Minister of Indian Affairs and Northern Development may give written policy direction to a board in the carrying out of any of its functions. The Minister also approves the issuance of Type A water licences.

INAC inspectors enforce application of the Act and its regulations in conjunction with the boards, including inspection and enforcement.

Can the Minister of Indian Affairs and Northern Development overturn a decision made by a land and water board?

No. The Minister cannot overturn a decision made by a land and water board.

Regarding a Type A water licence, the Mackenzie Valley Land and Water Board may attach terms and conditions such as provision for a security deposit, a requirement for water quality and quantity measurements, and a requirement for abandonment and restoration plans.

What is a public registry?

Each board office, including the Mackenzie Valley Environmental Impact Review Board, maintains a public registry for all public documents, reports and correspondence on land and water authorizations. These are open to the public for viewing and photocopying. Please consult the respective board websites listed in the Contacts section at the end of this booklet.

Do all projects require the same type of licence/permit?

Each project must be assessed individually. If you are unsure what authorizations you might require, please contact the land manager, land owner or land and water board. They can assist you in determining what type of authorizations, if any, you might require for your project.

What is the difference between a Type A and a Type B licence/permit?

The basic difference between a Type A and a Type B licence or permit is that a Type A activity is likely to have more significant environmental effects than a Type B activity. More information is required for the application of a Type A activity and will require a more thorough review. Type A water licenses, for example, require a public hearing.

What is a public hearing?

A public hearing can be a formal hearing in which participants appear before the board either in person or through telephone conference call, video or some other electronic means. The purpose of a public hearing is for members of the public, the board, and the applicant to make presentations and to answer questions regarding the application.

A public hearing is also a requirement for a Type A water licence under the NWT Waters Act. However, in addition to the hearings a board is authorized or required to hold under this Act, a board may also conduct hearings that it considers to be desirable for the purpose of carrying out any of its functions.

Why would a public hearing be necessary?

A public hearing may be called by the Mackenzie Valley Environmental Impact Review Board in order for the proponent or the board to obtain information, to better understand and respond to public concerns, or inform people about decisions.

Is the approval process the same for both?

The land and water boards issue all land use permits and water licences. Type A water licences however must be approved by the Minister of Indian Affairs and Northern Development before they can be issued by a land and water board.

What if the project changes, will I need an amendment?

You may require an amendment to your permit, licence or land authorization if your project changes significantly after you receive your original licence or permit. You should contact the appropriate land and water board, land manager or land owner as soon as possible. They can assist you in determining whether you should apply for an amendment for your project.



Land Management and Ownership

Who owns the land in the Mackenzie Valley?

In the Mackenzie Valley, land is either, owned or managed, controlled and administered by different governments or land owners. Land can be either Crown or Commissioner's land administered by land managers, or the land is privately owned.

Before you can proceed with a development project, you first need a land lease to gain access to the land. Land use permits cover the specific activity you wish to undertake.

How do you find out who owns what in the Northwest Territories?

Questions regarding ownership should be directed to the Land Manager at Indian and Northern Affairs Canada in Yellowknife.

What is the difference between Crown land and Commissioner's land?

Crown land and Commissioner's land are both types of public lands.

Crown land is controlled, managed and administered by the federal government. In the Northwest Territories, the federal department responsible for the majority of Crown land is INAC.

Commissioner's land is controlled, managed and administered by the Government of the Northwest Territories, specifically the Department of Municipal and Community Affairs (MACA).

INAC and MACA are land managers of all public lands in the Mackenzie Valley.

What about private lands?

In the Northwest Territories, private lands are owned largely by First Nations with settled land claims. There are three major land owners in the Mackenzie Valley - the Gwich'in,Sahtu and the Tlicho. As claims are settled in the Dehcho and North and South Slave regions, more private lands will be created and Aboriginal groups will become land owners in their respective regions.

Other land owners include members of the public who hold title to land either inside or outside of community boundaries.

What do land managers do?

Land managers are responsible for the disposal of land through sales agreements or leases. Basically, the applicant obtains the right to legally occupy the surface of land for a specific period of time from the land manager or land owner.

If I have a lease now, or get a lease from a land manager or owner, will I require any other type of permit or licence?

You may, depending on whether the proposed activities are consistent with the purposes of a lease that existed prior to December 22, 1998 in the Gwich'in or Sahtu areas or March 31st, 2000 in the Dehcho, North Slave or North Slave areas.

You may also require other types of permits or licences if you wish to conduct an activity on a lease that is not consistent with the original purpose of the lease. For example, if you have a lease for a tourism outpost camp, and you wish to do some mining, you may need to get a land use permit, water licence or both from the appropriate land and water board. If there is any doubt about whether you may require a permit or licence for activity on your lease, you can contact the appropriate land manager for further advice or assistance.

If I need a land use permit from a board anyway, why should I get a lease?

There are a number of reasons for obtaining a lease or other agreement. For example, a lease or other type of disposal agreement offers protection to both the landlord and the tenant if a dispute arises. Long term occupancy of land usually requires some form of agreement, and is normally required between the manager or land owner and the occupant.

Who has jurisdiction over subsurface rights?

INAC has jurisdiction over subsurface rights on Crown lands, while private land owners have subsurface rights on their lands. If you are uncertain about who manages or owns subsurface rights in a particular area, please contact the Mining Recorder's Office of INAC in Yellowknife. They will be able to assist you in determining the current status of subsurface rights.



INAC's Role

What is INAC still responsible for?

Aside from managing Crown land and waters, INAC is still responsible for the administration, inspection and enforcement requirements associated with renewable, non-renewable and environmental legislation. This includes the Mackenzie Valley Resource Management Act, the NWT Waters Act, and the Federal Real Property and Immovables Act. INAC controls, manages and administers all Crown lands in the Mackenzie Valley under the authority of the Territorial Lands Act, and the Federal Real Property Act.

INAC inspectors are responsible for ensuring compliance with legislation, regulations and the terms and conditions that are part of permits and licences issued by the boards. These responsibilities are exercised by INAC under the Territorial Lands Regulations, Territorial Quarry Regulations, Canada Mining Regulations, and the Federal Real Property Regulations.

Staff in INAC field offices are often the first field contact for departmental clients, including industry and First Nations.



Land Use Planning

What do the land use planning boards do?

Land use planning boards are responsible for preparing comprehensive land use plans for their respective settlement areas. These plans guide the use of Crown, settlement, and other private lands and provide direction for the conservation, development and use of land, waters and other resources. Essentially, the land use planning boards create plans which lay out the permitted and prohibited uses of all land within a settlement area.

Land use planning boards have been established in the Gwich'in and Sahtu settlement areas. These boards are responsible for developing land use plans for their regions and for recommending approvals, exceptions and amendments to related plans.

What is a land use plan?

A land use plan is a public document that sets aside different areas for different uses, and describes what activities are permitted or not permitted in specific areas. The land use plan applies to both Crown and settlement lands. It does not apply to lands within municipal boundaries or lands within national parks or historic sites.

Who approves a land use plan?

Once the land use planning board has adopted a land use plan, it must submit the plan to the First Nation of the settlement area, the territorial minister and the federal minister for approval. The Act also calls for periodic review and updating of approved land use plans.



Environmental Assessment

What is the Mackenzie Valley Environmental Impact Review Board responsible for?

The Mackenzie Valley Environmental Impact Review Board (MVEIRB) is responsible for the environmental impact assessment process throughout the Mackenzie Valley. It is the main instrument for environmental assessment and review, replacing the Canadian Environmental Assessment Act (CEAA), in the Mackenzie Valley except under specific instances.

The MVEIRB also:

  • conducts environmental assessments
  • conducts environmental impact reviews
  • maintains a public registry of all preliminary screenings conducted by Regulatory Authorities (RAs)
  • makes recommendations to the Minister of Indian Affairs and Northern Development for rejection or approval

Whatever happened to the Canadian Environmental Assessment Act?

For the most part, the Canadian Environmental Assessment Act (CEAA) has been replaced by the MVRMA within the Mackenzie Valley although CEAA still applies in the Inuvialuit Settlement area. A joint CEAA-MVRMA review panel may be established in specific instances including transboundary projects or developments considered to be of national interest.

What is the MVRMA environmental impact assessment process?

There are three stages in the environmental impact assessment process in the Mackenzie Valley: preliminary screening, environmental assessment and environmental impact review. Not all developments will necessarily go through each of the three stages. All projects undergo a preliminary screening, after which it is decided whether a project must proceed to a full environmental assessment or go straight to the regulatory phase.

What is a preliminary screening?

Preliminary screening is the first step in the environmental impact assessment process. It is during the preliminary screening that the board determines whether there is any public concern related to the project or if it might have significant adverse environmental impacts.

During the preliminary screening, a systematic approach is taken to documenting the potential environmental effects of a proposed project. Next, the board determines whether these effects need to be eliminated or minimized and, if so, how the project plan should be modified. In the end, the board makes a recommendation on the need for further assessment.

Preliminary screenings on land and water applications are coordinated by the appropriate land and water board.

How do I find out about a preliminary screening?

The Act requires that, when starting a preliminary screening, the body conducting that screening must provide notice to the Mackenzie Valley Environmental Impact Review Board. The Review Board maintains these on a public registry, which is currently available on their website.

If a development requires several authorizations, must each department conduct a preliminary screening?

Where a development requires a land use permit or water licence, and therefore will be screened by a land and water board, the other authorities do not need to conduct a preliminary screening. These other authorities may include the Department of Fisheries and Oceans (Fisheries Act Authorization), Natural Resources Canada (Explosives License) or the National Energy Board (Geological/Geophysical Operations Authorization), for example.

A complete list of the departments, agencies and organizations that issue special permits or licences and which may trigger a preliminary screening are listed in the Preliminary Screening Requirements Regulations.

What is an environmental assessment?

Environmental assessment (EA) is the second stage of the environmental impact assessment process. Projects may be referred to the Mackenzie Valley Environmental Impact Review Board by the preliminary screener, some other government, department or agency, the Gwich'in or Sahtu First Nations, qualified to make a referral, or on the Mackenzie Valley Environmental Impact Review Board's own motion.

Once a development is referred to the Mackenzie Valley Environmental Impact Review Board for an environmental assessment, notices are placed in northern newspapers. The next step is for the developer to submit a project description to the Review Board. The project description describes what the developer plans to do and how it will be carried out.

The public has an opportunity to comment on the project and identify issues which may require consideration. Public information submitted to the Review Board throughout this process, including the project description, and all technical and public submissions are placed on a public registry.

The EA process looks at the same factors considered in the preliminary screening, as well as addressing potential cumulative effects, socio-cultural considerations and alternate means of carrying out the project that are technically and economically feasible and the potential environmental effects of such alternate means. The Review Board then makes its recommendations to the Minister of Indian Affairs and Northern Development.

If the Mackenzie Valley Environmental Impact Review Board determines there will be significant adverse environmental impact from the project, it has the choice of referring the development to an environmental impact review. The Review Board may also recommend measures to prevent or mitigate these impacts.

Does the Minister of Indian Affairs and Northern Development make a decision?

The Minister of Indian Affairs and Northern Development, along with the other Responsible Ministers, is required to make a decision on the EA report.

The Minister may adopt the recommendations of the Mackenzie Valley Environmental Impact Review Board, refer the report back to the Review Board, or reject the report and order further environmental impact review.

How can I participate in the environmental assessment process?

The Mackenzie Valley Environmental Impact Review Board has guidelines for how they conduct environmental assessments. These guidelines provide information for submissions to the Review Board, including time lines and opportunities to present information at any public hearings it may hold. This information is available on the Review Board's website.

The environmental impact assessment process has several points where the local government and other stakeholders can contribute to and affect the regulatory process. There will also be occasions where the local government will be asked to comment on a proposed development.

What is an Environmental Impact Review?

The environmental impact review (EIR) stage is a detailed analysis and public review. This is normally reserved for development projects where the environmental impact may be significant. An environmental impact review is conducted by a panel, and could include public hearings in affected communities. At the close of the environmental impact review stage, the Review Board reports the findings of an environmental impact review to the Minister.

An environmental impact review is conducted by a panel consisting of members of the Mackenzie Valley Environmental Impact Review Board, as well as any expert members they may appoint. The panel is required to issue terms of reference and the applicant must submit an impact statement. There must be public notification of the submission of the impact statement, and public consultation or hearings in communities which may be affected by the development. The panel conducts an analysis of the information received, and submits a report with a recommendation to the Minister.

The Minister may adopt the recommendation of the review panel or refer it back for further consideration, or, after consulting with the review panel, adopt the recommendations with modifications, or the Minister can reject the report.

Is it possible for a development to only go through an environmental impact review?

According to the process described in the MVRMA, all developments must go through the sequential impact assessment steps. However, the Act does provide some flexibility in the time frames allocated to each step in the process.

How can I ensure that my interests, as a member of the public, are being looked after?

Northern interests are safe-guarded by guaranteed representation on each board and environmental impact review panel. Public interests are further protected by Government of the Northwest Territories and federal appointments to these same boards.



Regulatory Review Phase

What happens during the regulatory review phase?

What is commonly referred to as the regulatory phase is the process of issuing regulatory authorizations once the development is approved through the environmental assessment process. The authorizations include terms and conditions which reflect the recommendations approved during the EA process, as well as other standard conditions for carrying out development.



Environmental Monitoring and Audits

What is meant by environmental monitoring and audit?

Part VI of the MVRMA provides for the development of a program to monitor the cumulative impacts of land and water use in the Mackenzie Valley. It calls for an independent audit of environmental quality and environmental regulation to be undertaken at least every five years. The most recent one was completed in 2006.

By providing information on the state of the environment -and feedback to the boards on the overall environmental health - the audit will contribute to effective planning and decision-making in the Mackenzie Valley.



INAC District Offices

South Mackenzie District (Yellowknife)
Box 2550
Yellowknife, NT X1A 2P8
Tel.: (867) 669-2760
Fax: (867) 669-2720

Hay River District
41 Capital Drive, # 203
Hay River, NT X0E 1G2
Tel.: (867) 874-6994
Fax: (867) 874-2460

North Mackenzie District (Inuvik)
Box 2100
Inuvik, NT X0E 0T0
Tel.: (867) 777-8901
Fax: (867) 777-2090

Fort Smith District
Box 658
Fort Smith, NT X0E 0P0
Tel.: (867) 872-2558
Fax: (867) 872-3472

Fort Simpson District
Box 150
Fort Simpson, NT X0E 0N0
Tel.: (867) 695-2626
Fax: (867) 695-2615

Norman Wells District
Box 126
Norman Wells, NT X0E 0V0
Tel.: (867) 587-2911
Fax: (867) 587-2928

Other contacts:

Mackenzie Valley Land & Water Board
Box 2130
Yellowknife, NT X1A 2P6
Tel.: (867) 669-0506
Fax: (867) 873-6610
www.mvlwb.com  

Sahtu Land and Water Board
Box 1
Fort Good Hope, NT X0E 0H0
Tel.: (867) 598-2413
Fax: (867) 598-2325
www.slwb.com  

Gwich'in Land and Water Board
PO Box 2018
Inuvik, NT X0E 0T0
Tel.: (867) 777-4954
Fax: (867) 777-2616
www.glwb.com  

Wek'èezhìi Land and Water Board
Box 32
Wekweètì, NT X0E 1W0
Tel.: (867) 669-9592
Fax: (867) 669-9593
Email: zabey@wlwb.ca
www.wlwb.ca  

Mackenzie Valley Environmental Impact Review Board
200 Scotia Centre
5102 50th Ave Yellowknife, NT X1A 2N7
Tel: (867) 766-7050
Fax: (867) 766-7074
www.mveirb.nt.ca  

Government of the Northwest Territories Municipal and Community Affairs Lands Division
500, 5201 -50th Avenue, Northwest Tower
Yellowknife, NT X1A 3S9
Tel.: (867) 873-7569
Fax: (867) 920-6156
www.maca.gov.nt.ca  

Government of the Northwest Territories - Industry, Tourism and Investment
Box 1320
Yellowknife, NT X1A 2L9
Tel.: (867) 873-7903
Fax: (867) 873-0163
www.iti.gov.nt.ca  



Glossary

Many terms may not appear in the Citizen's Guide but are used in the Act, and are often used when discussing the resource management process in the Mackenzie Valley. It was deemed important to include them here.

the Act
the Mackenzie Valley Resource Management Act
board
any board established under the MVRMA
consultation
refers to the power or duty to consult
designated regulatory authority (DRA)
an agency named in the schedule, referred to in a land claim agreement as an independent regulatory agency. The National Energy Board (NEB) is currently the only DRA associated with the MVRMA.
development
means an undertaking or part of an undertaking that is carried out on land or water
environmental assessment
examination of a proposal for a development undertaken by the Mackenzie Valley Environmental Impact Review Board
environmental impact review
examination of a proposal for a development undertaken by a review panel
federal minister
the Minister of Indian Affairs and Northern Development
First Nation
the Gwich'in First Nation, the Sahtu First Nation, the Tlicho First Nation or bodies representing other Dene or Metis of the North Slave, South Slave or Dehcho region of the Mackenzie Valley
First Nation lands
settlement lands of the First Nation; or lands situated within boundaries of a local government and referred to in a First Nation's land claim agreement as municipal lands
follow-up program
a program for evaluating the soundness of an environmental assessment or environmental impact review of a proposal for development; or, the mitigative measures imposed as conditions of approval of the proposal
Gwich'in First Nation
the Gwich'in as represented by the Gwich'in Tribal Council impact on the environment - any effect on land, water, air, or any other component of the environment, as well as on wildlife harvesting, and includes any effect on the social and cultural environment of on heritage resources
land
surface of the land
licence
for the use of waters or the deposit of waste, or both, issued by a board under the Northwest Territories Waters Act
mitigative or remedial measure
measure for the control, reduction or elimination of an adverse impact of a development on the environment, including restorative measure
permit
an approval issued by a board for the use of land
planning board
refers to a land use planning board. There are three operating in the Mackenzie Valley: the Gwich'in Land Use Planning Board, the Sahtu Land Use Planning Board and the Dehcho Land Use Planning Board
preliminary screening
examination of a proposal for a development
regulatory authority (RA)
in relation to a development, is a body or person responsible for issuing a licence, permit or other authorization required for the development under any federal or territorial law, but does not include a designated regulatory agency or local government
responsible minister
any minister of the Crown or of the territorial government having jurisdiction in relation to the development under federal or territorial law
Review Board
the Mackenzie Valley Environmental Impact Review Board
Sahtu First Nation
the Sahtu Dene and Metis as represented by the Sahtu Secretariat Incorporated
settlement lands
lands referred to as settlement lands in a land claim agreement
settlement area
a portion of the Mackenzie Valley to which a land claim agreement applies
territorial government
the Government of the Northwest Territories
territorial minister
the minister of the territorial government designated by the Executive Council of the Northwest Territories for the purposes of that provision
Tlicho First Nation
the Aboriginal people of Canada consisting of all Tlicho citizens, as represented by the Tlicho Government
water authority
a board or other authority having jurisdiction in relation to the use of waters or the deposit of waste in any portion of the Northwest Territories
waters
any inland waters, in a liquid or frozen state, on or below the surface of the land

Other Applicable Regulations

Territorial Lands Regulations authorize the use of surface lands through leases, licences, agreements of sale, etc., and provide for land disposal for periods of up to 30 years. Leases contain conditions regarding, environmental protection, purpose, term, annual rent, abandonment, and security deposits.

Visit: http://laws.justice.gc.ca/en/T-7/C.R.C.-c.1525  

Territorial Quarry Regulations authorize the issuance of a quarry permit, which is a form of disposal, authorizing the taking of material such as sand, gravel, stone, loam, etc. The permit specifies the amount and location to be removed. It is valid for a maximum of one year.

Visit: http://laws.justice.gc.ca/en/T-7/C.R.C.-c.1527  

Canada Mining Regulations regulate the disposition of minerals in the Mackenzie Valley through mineral claims, prospecting permits, and mineral leases.

Visit: http://laws.justice.gc.ca/en/T-7/C.R.C.-c.1516  

Federal Real Property Regulations authorize the Minister to acquire, dispose of, or surrender federal real property where Her Majesty is the tenant, or to transfer administration and control of federal real property to another federal or territorial government.

Visit: http://laws.justice.gc.ca/en/F-8.4/SOR-92-502  


Indian and Northern Affairs Canada
NWT Region
Box 1500, Yellowknife, NT X1A 2R3
http://nwt-tno.inac-ainc.gc.ca