Bill C-47

Establishment, Abolition and Alteration of Area

Interpretation

173. If a federal or territorial minister proposes an initiative referred to in subsection 174(1), a reference to a department or agency in subsections 174(1) and (3), 177(6) and 178(1) and (4), section 180 and paragraph 182(a) is a reference to that minister.

Proposal

174. (1) The department or agency proposing an initiative whose purpose is to establish or abolish a park or a conservation area, in whole or in part inside the designated area, or to expand or reduce its area, in whole or in part within the designated area, must submit a proposal to the Commission.

(2) The proposal must contain a description of the initiative prepared in accordance with the by-laws and rules made under paragraph 17(1)(e).

(3) The Commission must publish in its public registry a notice of receipt for the initiative. That notice must contain a summary of the initiative, including a description of its nature and an indication of where it is to be carried out, and the name of the department or agency.

Land Use Plan in Effect

175. (1) The Commission must determine if an initiative is in conformity with any land use plan that is applicable to the place where the initiative is to be carried out.

(2) If different portions of the initiative are subject to different land use plans, the Commission must determine if each portion is in conformity with the land use plan applicable to it, and if one portion of the initiative is not in conformity with the land use plan applicable to it, the entire initiative is deemed not to be in conformity.

176. If the Commission determines that the initiative is in conformity with any applicable land use plan, it must send the proposal relating to the initiative to the Board in order for the Board to conduct a screening.

177. (1) If the Commission determines that the initiative is not in conformity with an applicable land use plan, it must verify whether that land use plan authorizes it to grant a minor variance with respect to that initiative and whether the conditions set out in accordance with subsection 48(3), if any, are met.

(2) If the land use plan authorizes the granting of a minor variance and if the conditions, if any, are met, the Commission may, within 20 days after its determination that the initiative is not in conformity with the plan,

(a) grant the variance, in which case it must send the proposal relating to the initiative to the Board in order for the Board to conduct a screening; or

(b) refuse to grant the variance.

(3) Before granting a minor variance under paragraph (2)(a), the Commission must make the proposed minor variance public and must do so in a manner designed to promote participation in its examination by the public.

(4) Any interested person may, within 10 days after the proposed minor variance is made public, indicate to the Commission, in writing, that the proposed minor variance should not be granted because

(a) the land use plan does not authorize the granting of the minor variance;

(b) the conditions subject to which a minor variance may be granted are not met; or

(c) the minor variance is not appropriate, in their opinion, for any other reason that they specify.

(5) The Commission may only grant a minor variance under paragraph (2)(a) after taking into account any reasons for which an interested person has indicated, under subsection (4), that it should not be granted and, if it considers it appropriate to do so, conducting a public review in accordance with the by-laws and rules made under section 17 and taking into account any submissions made during that review.

(6) If the Commission is of the opinion that more time is needed to make a decision under subsection (2), it may extend the period referred to in that subsection by up to 10 days and must notify the department or agency of the extension in writing.

178. (1) If the Commission determines that the initiative is not in conformity with an applicable land use plan, the department or agency may request an exemption from the federal Minister or the territorial Minister, or both, taking into account their respective jurisdictions, within 60 days after

(a) that determination, if the land use plan does not authorize the granting of a minor variance or if it does and the conditions are not met; or

(b) the Commission’s decision to refuse to grant a minor variance.

(2) The Minister or Ministers, as the case may be, must, within 120 days after the day on which they receive a request under subsection (1), either

(a) grant the exemption, in which case the Commission must make the decision public and send the proposal relating to the initiative to the Board in order for the Board to conduct a screening; or

(b) refuse the exemption.

(3) An exemption may only be granted after consultation with the Commission, the relevant regulatory authorities and the relevant departments or agencies that are not regulatory authorities.

(4) If any Minister referred to in subsection (1) is of the opinion that more time is needed to make a decision, that Minister may extend the period referred to in subsection (2) by up to 60 days and must notify the department or agency and the Commission of the extension in writing.

179. (1) The Commission must exercise its powers and perform its duties and functions under sections 175 and 176 within 45 days after the day on which it receives the proposal in respect of the initiative.

(2) If the Commission determines that an initiative is not in conformity with an applicable land use plan, any time required for the exercise of powers or the performance of duties and functions relating to minor variances and ministerial exemptions does not count as part of the period referred to in subsection (1).

(3) If the Commission conducts a public review under subsection 177(5), any time required to conduct it does not count as part of the period referred to in subsection 177(2).

180. Any time required for the department or agency to provide information required under subsection 144(1) as modified by paragraph 182(a) does not count as part of the periods referred to in subsections 177(2) and (4) and 179(1).

No Land Use Plan

181. If there is no applicable land use plan, the Commission must, within 10 days after the day on which it receives the proposal in respect of the initiative, send the proposal to the Board in order for the Board to conduct a screening.

Applicable Regime

182. Sections 73, 75, 86, 88 to 99, 101 to 146, 148 to 150 and 156 to 162 apply in respect of the initiative, subject to the following:

(a) in those sections, a reference to a project is a reference to the initiative and a reference to a proponent is a reference to a department or agency;

(b) in paragraph 75(1)(a) and subsections 141(2), 142(3), 143(7), 144(4) and 156(1), the reference to section 76 is a reference to section 174;

(c) in paragraph 75(1)(d), the reference to section 77 is a reference to section 175 and the references to paragraphs 81(2)(a) and 82(2)(a) are, respectively, references to paragraphs 177(2)(a) and 178(2)(a);

(d) in subsection 86(1) and paragraph 92(3)(a), the reference to “section 79 or subsection 80(1)” is a reference to “section 176 or paragraph 177(2)(a) or 178(2)(a) or section 181”;

(e) in subsections 86(3), 99(3) and 118(3), the references to sections 77, 81 and 82 are, respectively, references to sections 175, 177 and 178;

(f) the Board must screen the initiative in relation to which it has determined the scope in the manner that it considers appropriate to the nature of the initiative if it makes no inclusion under paragraph 86(1)(a) or if it makes an inclusion under that paragraph and it receives a decision, by reason of subsection 86(3), as modified by paragraph (e), that the entire initiative is in conformity with any applicable land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to it;

(g) in paragraph 92(3)(c) and subsection 157(2), the reference to subsection 86(3) is a reference to that subsection as modified by paragraph (e);

(h) in paragraph 93(1)(a) and subsection 111(3), the reference respecting paragraphs 74(f) and (g) does not apply;

(i) the Board must review the initiative in relation to which it has determined the scope if it makes no inclusion under paragraph 99(1)(a) or if it makes an inclusion under that paragraph and

(i) it receives a decision, by reason of subsection 99(3), as modified by paragraph (e), that the entire initiative is in conform- ity with any applicable land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to it, and

(ii) following the new screening, it is determined under subparagraph 94(1)(a)(iv) that the Board must conduct the review of the initiative;

(j) in section 119, the reference to subsection 118(3) is a reference to that subsection as modified by paragraph (e);

(k) in paragraph 135(3)(b), the reference respecting subsection 152(6) does not apply;

(l) in subsection 139(3), the reference to paragraph 93(1)(a) is a reference to that paragraph as modified by paragraph (h);

(m) in paragraph 150(a), the reference to section 77 is a reference to section 175;

(n) in paragraph 150(b), the references to paragraphs 81(2)(a) and 82(2)(a) are, respectively, references to paragraphs 177(2)(a) and 178(2)(a), the reference to section 93 is a reference to that section as modified by paragraph (h), and the references to subsection 152(6) and paragraph 155(1)(b) do not apply;

(o) in paragraph 150(c), the reference to subsection 86(1) is a reference to that subsection as modified by paragraph (d);

(p) in paragraph 150(d), the reference respecting subsection 152(4) does not apply;

(q) in subsection 156(1), the reference to section 80 does not apply;

(r) in subsection 156(2), the reference respecting sections 77 to 79, 81, 82 and 85 is a reference to sections 175 to 178 and 181;

(s) in subsection 157(1), the reference to sections 86 to 98 is a reference to paragraph (f) and sections 86 and 88 to 98, taking into account any modifications made to those sections under this section;

(t) in subsection 157(2), the reference to section 87 is a reference to paragraph (f);

(u) in subsection 158(2), the reference to subsection 99(3) is a reference to that subsection as modified by paragraph (e), the reference to sections 100 to 114 is a reference to paragraph (i) and sections 101 to 114, taking into account any modifications made to those sections under this section;

(v) in subsection 158(3), the reference to subsection 99(3) is a reference to that subsection as modified by paragraph (e), and the reference to section 100 is a reference to paragraph (i);

(w) in subsection 161(3), the reference to sections 116 to 133 is a reference to those sections, taking into account any modifications made to those sections under this section;

(x) in subsection 161(4), the reference to subsection 118(3) is a reference to that subsection as modified by paragraph (e) and the reference to section 119 is a reference to that section as modified by paragraph (j); and

(y) in subsections 162(1) and (4), the references to subsections 161(3) and (4) are references to those subsections as modified by paragraphs (w) and (x).

Previous Work

183. The person or body exercising powers or performing duties or functions under sections 174 to 182 may consider, and rely on, any information collected, or study or analysis carried out, in respect of the initiative by any department or agency so as to ensure efficiency and avoid duplication.

PART 4

REVIEW OF PROJECTS TO BE CARRIED OUT OUTSIDE THE DESIGNATED AREA

184. In this Part, “project” includes an initiative whose purpose is to establish or abolish a park or a conservation area or to expand or reduce its area.

185. The Board may — at the request of the Government of Canada or the Government of Nunavut or, with the consent of both governments, of the designated Inuit organization — conduct a review of a project that is to be carried out entirely outside the designated area and may have significant adverse ecosystemic or socio-economic impacts inside the designated area.

186. Within 45 days after the end of the Board’s review of a project, the Board must submit to the Government of Canada and the Government of Nunavut, and to the designated Inuit organization if the review was conducted at its request, a written report that contains

(a) its assessment of the project and the project’s ecosystemic and socio-economic impacts inside the designated area;

(b) its determination, based on the assessment referred to in paragraph (a), as to whether the project should or should not proceed; and

(c) if it determines that a project should proceed, any terms and conditions that it recommends should apply in respect of the project.

187. The Government of Canada and the Government of Nunavut must each take any action in response to the report that it considers appropriate in the circumstances.

188. For greater certainty, sections 185 to 187 do not limit the jurisdiction of any other authority having powers, duties or functions in relation to the review of the impacts of the project.

PART 5

GENERAL PROVISIONS

Interpretation

189. (1) In this Part, in the case of an initiative referred to in subsection 174(1), a reference to a project is a reference to the initiative and a reference to a proponent is a reference to the department or agency — or, by application of section 173, the federal or territorial minister — proposing that initiative.

(2) The following definitions apply in this Part.

“responsible authority” has the same meaning as in section 163.

“responsible Minister” has the same meaning as in subsection 73(1).

Standing During Assessment

190. In the exercise of their powers and the performance of their duties and functions related to review under Parts 2 to 4, the Commission, the Board, any federal environmental assessment panel and any joint panel must accord full standing to the councils of the Fort Churchill Indian Band, the Northlands Indian Band, the Black Lake Indian Band, the Hatchet Lake Indian Band and the Fond du Lac Indian Band to make submissions respecting the interests of their respective bands in relation to the areas within the designated area that those bands have traditionally used and continue to use and those bodies must take those submissions into account.

191. In the exercise of their powers and the performance of their duties and functions in relation to islands and marine areas of the Nunavut Settlement Area that are traditionally used and occupied by the Inuit of Northern Quebec, the Commission, the Board, any federal environmental assessment panel and any joint panel must accord full standing to Makivik to make submissions respecting the interests of the Inuit of northern Quebec and those bodies must take those submissions into account.

Coordination of Activities

192. The Commission and the Board may coordinate their respective activities.

193. The Commission, any responsible authority, the Board, any federal environmental assessment panel and any joint panel must coordinate their respective activities relating to the review of a project requiring a licence under the Nunavut Waters and Nunavut Surface Rights Tribunal Act with those of the Nunavut Water Board so as to ensure efficiency and avoid duplication.

194. The Commission, any responsible authority, the Board, any federal environmental assessment panel and any joint panel may coordinate their respective activities with those of bodies having similar powers, duties or functions in any area in or adjacent to the designated area.

195. (1) The Government of Canada and the Government of Nunavut must, with the assist- ance of the Board, use their best efforts to negotiate and enter into agreements with governments or relevant authorities in other jurisdictions for the purpose of ensuring collab- oration between the Board, any federal envi- ronmental assessment panel and those govern- ments or authorities, in respect of the review of projects that are to be carried out inside the designated area and that may have significant ecosystemic or socio-economic impacts outside the designated area.

(2) For greater certainty, nothing in any agreement entered into under subsection (1) has the effect of restricting the jurisdiction of the Board.

196. The Commission and the Board may advise departments or agencies and make recommendations to them respecting marine areas, either individually or, as part of the Nunavut Marine Council referred to in section 15.4.1 of the Agreement, both acting jointly with the Nunavut Water Board and the Nunavut Wildlife Management Board, and the Government of Canada and the Government of Nunavut must consider that advice and those recommendations when making any decision that may affect those marine areas.

Information and Documents

Obtaining Information

197. (1) If a regulatory authority or a department or agency or municipality that is not a regulatory authority is in possession of specialist or expert information or knowledge, including traditional knowledge, it must, at the request of the Commission, a responsible authority, the Board, a federal environmental assessment panel, a joint panel or the responsible Minister, as the case may be, make that information or knowledge available to them if they require it to exercise their powers or perform their duties or functions.

(2) Despite subsection (1), if a regulatory authority or a department or agency or municipality that is not a regulatory authority has a discretion under any other Act of Parliament or any territorial law to refuse to disclose the information or knowledge, they are not required to disclose it.

(3) Any discretion referred to in subsection (2) must be exercised taking into account the objectives of the Agreement.

198. Despite any other provision of this Act, proponents, regulatory authorities and departments or agencies that are not regulatory authorities are not required to provide the Commission, a responsible authority, the Board, any federal environmental assessment panel, any joint panel, the responsible Minister or any person designated under section 209 with any information whose disclosure is restricted under any other Act of Parliament or any territorial law.

Use of Information

199. The members and employees of the Commission or the Board, the employees of a responsible authority, the members of a federal environmental assessment panel or joint panel, the responsible Minister and any person designated under section 209 are prohibited from using any information received under this Act for any purpose other than exercising powers or performing duties and functions under this Act.

Communication of Information and Documents

200. (1) The Commission must provide

(a) the proponent, the Board and the regulatory authorities identified by the proponent with any decision that it makes under section 77, subsection 78(1), section 80, subsection 81(2), 85(1), 142(1) or 144(2), section 175 or subsection 177(2);

(b) in the case of a decision made under subsection 80(2), the regulatory authorities identified by the proponent with the project proposal; and

(c) the Board and the relevant regulatory authorities with any report submitted under subsection 152(3).

(2) The Board must

(a) provide the proponent, the Commission and the regulatory authorities identified by the proponent with any decision that it makes under subsection 86(1), 99(1) or 142(1);

(b) provide the proponent and the regulatory authorities identified by the proponent with any original or revised report referred to in subsection 92(1), 104(1) or (3), 107(1) or (2) or 112(5) or paragraph 135(4)(c);

(c) if the responsible Minister is a territorial minister, provide the federal Minister with any report referred to in subsection 92(1);

(d) in the case of a decision made under paragraph 93(1)(a), or after issuing a certificate under subsection 111(1), 112(10) or 132(1), provide the regulatory authorities identified by the proponent with the project proposal;

(e) provide the proponent with every original or amended project certificate that it issues and provide a copy of that certificate to the regulatory authorities identified by the proponent;

(f) provide the proponent, the Minister of the Environment and the regulatory authorities identified by the proponent with the findings and conclusions referred to in section 124;

(g) provide the proponent, the Minister of the Environment and the regulatory authorities identified by the proponent with any report referred to in subsection 127(1) or (2);

(h) provide the proponent and the regulatory authorities identified by the proponent with any decision that it makes under subsection 144(2) or paragraph 155(1)(b); and

(i) provide the Commission and the relevant regulatory authorities with any report submitted under subsection 152(4).

(3) Each federal environmental assessment panel must provide

(a) the proponent, the Commission and the regulatory authorities identified by the proponent with any decision made by the Minister of the Environment under subsection 118(1);

(b) the proponent and the regulatory author- ities identified by the proponent with any report submitted under subsection 123(1) and any decision that it makes under subsection 144(2); and

(c) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision that it makes under subsection 142(1).

(4) The responsible Minister must provide

(a) the proponent, the Board and the regulatory authorities identified by the proponent with any decision made by that Minister under subsection 93(1) or 94(1) or (3), section 95, 105 or 106 or subsection 107(3) or (4) or 112(6) or (7) and with any decision amended under subsection 139(3); and

(b) the proponent, the Board, the Minister of the Environment and the regulatory author- ities identified by the proponent with any decision made by the responsible Minister under section 125 or 126 or subsection 127(3) or (4).

(5) The federal Minister or the territorial Minister, or both, as the case may be, must provide

(a) the Commission with any request for a ministerial exemption submitted under subsection 82(1) or 178(1); and

(b) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision made under subsection 82(2) or 178(2).

(6) The federal Minister must provide

(a) the relevant regulatory authorities with any report submitted under subsection 152(2); and

(b) the person or entity referred to in subsection 152(2), the Commission, the Board and the relevant regulatory authorities with any decision made by that Minister under subsection 152(6).

(7) Each joint panel must provide

(a) the proponent, the authority referred to in paragraph 160(1)(b) and the regulatory authorities identified by the proponent with any report submitted under subsection 123(1); and

(b) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision it makes under subsection 142(1).

(8) Each responsible authority must provide

(a) the Board and the relevant regulatory authorities with any report submitted under subsection 152(3);

(b) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision that it makes under section 165, subsection 166(1) or section 168; and

(c) in the case of a decision made under subsection 168(2), the project proposal to the regulatory authorities identified by the proponent.

(9) For the purposes of paragraphs (2)(a) and (i), (3)(a) and (c), (6)(b) and (7)(b), in the case of a project referred to in subsection 164(1), a reference to the Commission is a reference to the responsible authority.

201. (1) The Commission must maintain a public registry that is made accessible to the public via the Internet, and the Commission must include, as soon as practicable, the following in that registry:

(a) reports referred to in paragraph 14(b), section 53 and subsections 61(1), 152(2) and (3) and 227(2);

(b) by-laws and rules established under subsection 17(1);

(c) any draft land use plan prepared under section 49;

(d) comments received under subsection 50(2);

(e) notices referred to in subsections 51(2), 76(4), 141(1), 142(1), 164(4) and 174(3);

(f) decisions made under subsections 54(1) and (3) and 62(1) and (3), section 77, subsection 78(1), section 80, subsections 81(2), 82(2), 85(1), 144(2) and 152(6), section 175 and subsections 177(2) and 178(2);

(g) land use plans approved under subsection 55(1);

(h) recommendations received under section 56;

(i) proposals for amendment of a land use plan made under subsections 59(1) and (3);

(j) amendments to a land use plan approved under subsections 62(1) and (3);

(k) proposed minor variances referred to in subsection 81(3);

(l) reasons referred to in subsections 81(4) and 177(4);

(m) requests referred to in subsections 82(1), 143(1), (4) and (5), 144(1) and 178(1); and

(n) any additional information submitted under subsection 144(1).

(2) Including any document in the registry is insufficient to discharge the relevant authority’s duty to make it public or to exercise a power to do so, as the case may be.

202. (1) The Board must maintain a public registry that is made accessible to the public via the Internet, and the Board must include, as soon as practicable, the following in that registry:

(a) by-laws and rules established under subsection 26(1);

(b) project proposals received under section 79, subsection 80(1), section 167 and subsection 168(1);

(c) decisions made by the Board and the responsible Minister under Part 3;

(d) original and revised reports referred to in subsections 92(1), 104(1) and (3), 107(1) and (2), 112(5), 123(1) and 127(1) and (2), paragraph 135(4)(c), subsections 152(2) and (4) and section 186;

(e) guidelines sent under subsections 101(5) and 120(6);

(f) impact statements submitted under subsections 101(6) and 120(7);

(g) notices given under subsection 102(2), section 110, subsection 121(2) and section 131;

(h) any original or amended project certificate issued by the Board;

(i) any terms of reference for a federal environmental assessment panel or a joint panel fixed under section 117;

(j) copies of any findings and conclusions provided under section 124;

(k) notices given by the Board, a federal environmental assessment panel or a joint panel under subsection 142(1);

(l) any request referred to in subsections 143(1), (4) and (5) and 144(1);

(m) any additional information submitted under subsection 144(1);

(n) reports submitted by a responsible authority under subsection 152(3), by application of section 170;

(o) decisions made under subsection 152(6);

(p) decisions made under section 165, subsection 166(1) and section 168; and

(q) agreements referred to in subsection 230(3).

(2) Including any document in the registry is insufficient to discharge the relevant authority’s duty to make it public or to exercise a power to do so, as the case may be.

203. The Commission and the Board may agree to maintain a joint public registry in accordance with the requirements of sections 201 and 202.

204. (1) Despite any other provision of this Act, a member or employee of the Commission or the Board, an employee of a responsible authority, a member of a federal environmental assessment panel or joint panel, the responsible Minister and any person designated under section 209 may only disclose, in the exercise of their powers and the performance of their duties and functions under this Act, a document, part of a document or information, including by placing it in a public registry, if

(a) it has otherwise been made publicly available; or

(b) its disclosure

(i) would have been made in accordance with the Access to Information Act if a request had been made in respect of that document under that Act at the time the document came under their control under this Act, including any document that would be disclosed in the public interest under subsection 20(6) of the Access to Information Act,

(ii) is not prohibited under any other Act of Parliament or territorial law, and

(iii) would not contravene an agreement that a document, part of a document or information, provided to a person or body exercising powers or performing duties or functions under this Act, is confidential and must be treated accordingly.

(2) Sections 27, 28 and 44 of the Access to Information Act apply in respect of any information described in subsection 27(1) of that Act that a person referred to in subsection (1) intends to disclose, with any modifications that the circumstances require, including the following:

(a) the information is deemed to be a record that the head of a government institution intends to disclose; and

(b) any reference to the person who requested access is to be disregarded.

205. Persons referred to in subsection 204(1) must take all necessary precautions to prevent the disclosure of any document, part of a document or information that they are not permitted to disclose under that subsection.

206. The Commission and the Board must take into account the objectives of the Agreement when exercising any discretion relating to the disclosure of information they have under any Act of Parliament.

Rights Preserved

207. (1) The approval of a land use plan under subsection 55(1), or its amendment under subsection 62(1) or (3), after a project proposal has been submitted in accordance with section 76 is not to be taken into account in the assessment of a project under Part 3 or for the purposes of paragraphs 14(a) and 74(f), but it must be taken into account for the purposes of subsection 69(4).

(2) An approval or amendment referred to in subsection (1) does not apply in respect of a project that was approved under Part 3 before that approval or amendment and is not to be taken into account for the purposes of paragraphs 14(a) and 74(f), but it must be taken into account for the purposes of subsection 69(4). For greater certainty, such a project is not subject to a new assessment under that Part.

208. (1) Despite paragraphs 74(a) and (b), the following projects are not subject to an assessment under Part 3:

(a) a project that was approved under that Part, was commenced and then stopped or shut down for a period of less than five years; and

(b) the rebuilding of a work that has been closed for a period of less than five years if it relates to a project that was approved under that Part and lawfully carried out.

(2) Any decision made under subsection 80(2) or paragraph 93(1)(a), or an original or amended project certificate that was issued, in respect of the original project referred to in paragraph (1)(b) is deemed to have been made or issued, as the case may be, in relation to the rebuilding of the work.

(3) For greater certainty, any decision made under subsection 80(2) or paragraph 93(1)(a), or an original or amended project certificate that was issued, in respect of the project referred to in paragraph (1)(a) remains valid.

(4) The approval of a land use plan under subsection 55(1), or its amendment under subsection 62(1) or (3), after the approval of the project referred to in paragraph (1)(a) or the original project referred to in paragraph (1)(b) does not apply in respect of the project referred to in paragraph (1)(a) or the rebuilding of the work, as the case may be, is not to be taken into account for the purposes of paragraphs 14(a) and 74(f), but it must be taken into account for the purposes of subsection 69(4).

(5) It is prohibited to carry out a project or rebuild a work, in whole or in part, if the period of stoppage or closure is five years or more.

(6) A proponent may submit a new project proposal in relation to a project or the rebuilding of a work referred to in subsection (5) in accordance with section 76 and the project to which any such proposal relates is deemed to be in conformity with any applicable land use plan for the purposes of section 77.

(7) The approval of a land use plan under subsection 55(1), or its amendment under subsection 62(1) or (3), after the approval of the project referred to in subsection (5) or the original project to which the work referred to in subsection (5) relates, does not apply in respect of the project to which the project proposal referred to in subsection (6) relates, is not to be taken into account for the purposes of paragraphs 14(a) and 74(f), but it must be taken into account for the purposes of subsection 69(4).

(8) If a work or an activity is not exempt from a new assessment under subsection (1), any person or body exercising powers or performing duties or functions under Part 3 must consider, and may rely on, any assessment activities carried out under that Part in respect of the original project.

Administration and Enforcement

Designation

209. The federal Minister may designate any employee, or class of employees, of a department or agency to exercise powers relating to verifying compliance or preventing non-compliance with this Act or orders made under section 214.

Powers

210. (1) A person who is designated to verify compliance or prevent non-compliance with this Act or orders made under section 214 may, for those purposes, enter a place in which they have reasonable grounds to believe that a project is being carried out or a document or any thing relating to a project is located.

(2) The designated person may, for the purposes referred to in subsection (1),

(a) examine anything in the place;

(b) use any means of communication in the place or cause it to be used;

(c) use any computer system in the place, or cause it to be used, to examine data contained in or available to that system;

(d) prepare a document, or cause one to be prepared, based on the data;

(e) use any copying equipment in the place, or cause it to be used;

(f) remove any thing from the place for examination or copying;

(g) take photographs and make recordings or sketches;

(h) order the owner or person in charge of the place or any person at the place to establish their identity to the designated person’s satisfaction or to stop or start an activity;

(i) order the owner or person having possession, care or control of any thing in the place to not move it, or to restrict its movement, for as long as, in the designated person’s opinion, is necessary;

(j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and

(k) prohibit or limit access to all or part of the place.

(3) The federal Minister must provide every designated person with a certificate of designation. On entering any place, that person must, if so requested, produce the certificate to the occupant or person in charge of the place.

(4) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the designated person to verify compliance or prevent non-compliance with this Act or orders made under section 214 and must provide any documents, data or information that are reasonably required for that purpose.

211. (1) If the place referred to in subsection 210(1) is a dwelling-house, the designated person may only enter it with the occupant’s consent or under the authority of a warrant issued under subsection (2).

(2) On ex parte application, a justice of the peace may issue a warrant authorizing the designated person who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that

(a) the dwelling-house is a place referred to in subsection 210(1);

(b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act or orders made under section 214; and

(c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

212. (1) For the purpose of gaining entry to a place referred to in subsection 210(1), a designated person may enter and pass through private property. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.

(2) A person may, at the designated person’s request, accompany the designated person to assist them in gaining entry to the place referred to in subsection 210(1) and is not liable for doing so.

213. In executing a warrant to enter a dwelling-house, a designated person must not use force unless the use of force has been specifically authorized in the warrant and the designated person is accompanied by a peace officer.

Orders

214. (1) If a person designated to verify compliance or prevent non-compliance with this Act believes on reasonable grounds that there is a contravention of this Act, they may, among other things, order a person or entity to

(a) stop doing something that is in contravention of this Act or cause it to be stopped; or

(b) take any measure that the designated person considers necessary in order for the person or entity to comply with this Act or to mitigate the effects of the contravention.

(2) The order must be provided in the form of a written notice and must include

(a) a statement of the reasons for the order; and

(b) the time and manner in which the order must be carried out.

(3) The orders are not statutory instruments for the purposes of the Statutory Instruments Act.

Coordination

215. A person who is designated to verify compliance or prevent non-compliance with this Act or orders made under section 214 must coordinate their activities with those of any person designated for the purposes of verifying compliance or preventing non-compliance with any other Act of Parliament or territorial law so as to ensure efficiency and avoid duplication.

Injunction

216. (1) If, on the application of the responsible Minister, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do any act constituting or directed toward a contravention of this Act, the court may issue an injunction ordering the person or entity that is named in the application to

(a) refrain from doing an act that, in the opinion of the court, may constitute or be directed toward a contravention of this Act; or

(b) do an act that, in the opinion of the court, may prevent a contravention of this Act.

(2) At least 48 hours before an injunction is issued under subsection (1), notice of the application must be given to persons named in the application, unless the urgency of the situation is such that the delay involved in giving the notice would not be in the public interest.

Prohibitions, Offences and Punishment

217. It is prohibited to knowingly obstruct or hinder a designated person who is exercising their powers or performing their duties and functions under this Act.

218. It is prohibited to knowingly make a false or misleading statement or knowingly provide false or misleading information in connection with any matter under this Act to any person who is exercising their powers or performing their duties and functions under this Act.

219. (1) Any person who contravenes section 74, subsection 147(2), 152(7) or 208(5) or an order made under paragraph 214(1)(a) or (b) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

(2) Any person who contravenes section 217 or 218 is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

(3) If an offence under subsection (1) is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

(4) A person may not be convicted of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.

Judicial Matters

Court Jurisdiction

220. Despite the exclusive jurisdiction referred to in section 18 of the Federal Courts Act, the Attorney General of Canada, the Attorney General of Nunavut or anyone directly affected by the matter in respect of which relief is sought may make an application for judicial review to the Nunavut Court of Justice for any relief against the Commission or the Board by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition.

221. The Board or the Commission may refer a question of law or jurisdiction arising in relation to its powers, duties and functions under this Act to the Nunavut Court of Justice.

222. The designated Inuit organization may apply to a court of competent jurisdiction for

(a) a determination of whether any appli- cable requirement of an applicable land use plan has been implemented under section 69 and, if not, for any order that the Court considers necessary in the circumstances;

(b) a determination of whether a project is, or has been, carried out in accordance with the requirements of paragraph 74(f) and, if not, for any order that the Court considers necessary in the circumstances;

(c) a determination of whether a project is, or has been, carried out in accordance with the terms and conditions set out in the original or amended project certificate and, if not, for any order that the Court considers necessary in the circumstances;

(d) a determination of whether any term or condition referred to in paragraph (c) has been implemented under section 136 or 137 and, if not, for any order that the Court considers necessary in the circumstances;

(e) a determination of whether a project is, is likely to be or has been carried out in accordance with the terms and conditions referred to in paragraph (c) that have been implemented under section 136 or 137 and, if not, for an order requiring any person or entity named in the application to

(i) refrain from doing an act that, in the opinion of the court, may constitute or be directed toward the breach of any of those terms or conditions, or

(ii) do an act that, in the opinion of the court, may prevent the breach of any of those terms or conditions;

(f) a determination of whether a project referred to paragraph 152(1)(a), (b) or (c) is, or has been, carried out in accordance with the terms and conditions imposed under subsection 152(6) and, if not, for any order that the Court considers necessary in the circumstances; or

(g) judicial review of any interim or final decision or order made under Part 3.

223. Unless an exemption has been granted under paragraph 82(2)(a), any decision made by the Commission regarding the conformity of a project with a land use plan is final and binding and, except for judicial review under the Federal Courts Act and under section 220, is not subject to appeal to or review by any court.

Immunity

224. No action lies against a member or employee of the Commission or the Board, a member of a federal environmental assessment panel or joint panel or a person designated under section 209 for anything done or omitted to be done in good faith in the exercise or performance, or purported exercise or perform- ance, of any power, duty or function under this Act.

225. No action lies against the Crown, the Commission, the Board, members or employees of the Commission or the Board or members of a federal environmental assessment panel or joint panel for the disclosure in good faith of any document, any part of a document or information under this Act, including by making it available in the public registries, or for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or 28 of the Access to Information Act if reasonable care is taken to give the required notice.

Time Limits

226. The failure of the Commission, a responsible authority, the Board, any federal environmental assessment panel, any joint panel or a responsible Minister to exercise a power or perform a duty or function within a period limited by this Act does not terminate their authority or invalidate any document prepared or submitted or any decision or action taken in the exercise or performance of such a power, duty or function.

General Monitoring

227. (1) The Government of Canada and the Government of Nunavut must, in cooperation with the Commission, develop a plan for the general monitoring of the long-term state and health of the ecosystemic and socio-economic environment of the designated area and must direct and coordinate that general monitoring and the collection of information relating to it.

(2) The Commission must, in accordance with the plan developed under subsection (1), collate information provided by industry, departments or agencies and others and prepare periodic reports on the ecosystemic and socio-economic environment of the designated area. The Commission must use that information in the exercise of its powers and the performance of its duties and functions under this Act.

Regulations and Orders

228. (1) The Governor in Council may, on the recommendation of the federal Minister after close consultation by that Minister with the territorial Minister, the designated Inuit organization, the Commission and the Board, make regulations for carrying out the purposes and provisions of this Act and, in particular, regulations

(a) prescribing what constitutes a conflict of interest for the purposes of subsections 34(1) and (2) and 115(3); and

(b) establishing a funding program to facilitate the participation of specified classes of persons or groups in reviews of projects by the Board, a federal environmental assessment panel or a joint panel.

(2) The Governor in Council may, on the recommendation of the federal Minister, after consultation by that Minister with the territorial Minister, the Commission and the Board and with the consent of Tunngavik, make regulations prescribing

(a) for the purposes of the definition “proj- ect” in subsection 2(1), classes of excluded works or activities; and

(b) for the purposes of subsection 78(2), paragraph 155(1)(a) and subsection 166(2), classes of physical works and activities that are not exempt from screening.

229. The federal Minister may, by order, amend Schedule 2 to add, delete or amend the name of a designated regulatory agency.

230. (1) Before entering into an agreement under item 7 of Schedule 12-1 to the Agreement, the Board must notify the designated Inuit organization and either the federal Minister or the territorial Minister, as the case may be, in writing of the classes of physical works and activities that are the subject of the proposed agreement.

(2) The recipient of a notice referred to in subsection (1) may, within 120 days after receiving the notice, provide the Board with comments in writing on the proposed agreement.

(3) After taking into account any comments received under subsection (2), the Board must notify the designated Inuit organization and either the federal or the territorial Minister, as the case may be, in writing of the agreement, if any, that has been entered into.

(4) The federal Minister must, by order, amend Schedule 3 to add, delete or amend a description of any class of works or activities exempted from screening under an agreement referred to in subsection (3).

PART 6

TRANSITIONAL PROVISIONS

231. Members and employees of the Commission and the Board who occupy a position immediately before the coming into force of this section continue in that position as if they had been appointed or employed under this Act.

232. Sections 40 to 45 do not apply in respect of policies, priorities, and broad and specific objectives regarding land use planning established, and planning variables identified, under Article 11 of the Agreement and in force on the day on which this section comes into force, but those sections apply in respect of any amendment to such a policy, priority, objective or variable after the coming into force of this section.

233. (1) Any land use plan approved under section 11.5.9 of the Agreement and in force on the day on which this section comes into force remains in force subject to the following rules:

(a) sections 47, 48 and 66 do not apply in respect of it and, for greater certainty, sections 49 to 58 do not apply in respect of it;

(b) it is taken into account for the purposes of sections 46, 68 to 70 and 72, Part 3, paragraph 222(d) and section 223; and

(c) sections 59 to 65 apply in respect of any amendment to it after the coming into force of this section.

(2) The Commission must include any land use plan referred to in subsection (1) in the public registry established under subsection 201(1).

234. Sections 71 and 72 do not apply in respect of any municipal land use plan developed in accordance with Article 11 of the Agreement and in force on the day on which this section comes into force. Those sections apply in respect of any amendment to such a land use plan after the coming into force of this section.

235. (1) This Act does not apply in respect of

(a) a project that is being assessed under the Agreement or is being, or has been, lawfully carried out on the day on which this section comes into force;

(b) a project that was approved under the Agreement before the day on which this section comes into force, was commenced and then stopped or shut down for a period of less than five years, calculated from that day;

(c) the rebuilding of a work that has been closed for a period of less than five years calculated from the day on which this section comes into force, if it relates to a project that was approved under the Agreement before that day and lawfully carried out; and

(d) a project that was approved under the Agreement before the day on which this section comes into force and commenced within five years of that day.

(2) Despite subsection (1), if, after this section comes into force, there is a significant modification, within the meaning of section 145, to a project referred to in any of paragraphs (1)(a) to (d), this Act applies to that project.

Consequential Amendments

Access to Information Act

3. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Nunavut Impact Review Board

Nunavut Planning Commission

Privacy Act

4. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Nunavut Impact Review Board

Nunavut Planning Commission

Nunavut Waters and Nunavut Surface Rights Tribunal Act

5. The definitions “Nunavut Impact Review Board” and “Nunavut Planning Commission” in section 4 of the Nunavut Waters and Nunavut Surface Rights Tribunal Act are replaced by the following:

“Nunavut Impact Review Board” means the Nunavut Impact Review Board referred to in section 18 of the Nunavut Planning and Project Assessment Act.

“Nunavut Planning Commission” means the Nunavut Planning Commission referred to in section 10 of the Nunavut Planning and Project Assessment Act.

6. Subsection 36(2) of the Act is replaced by the following:

(2) In order to avoid unnecessary duplication and to ensure that projects are dealt with in a timely manner, the Board shall cooperate and coordinate its consideration of applications with the Nunavut Planning Commission’s review of projects under sections 76 to 85 of the Nunavut Planning and Project Assessment Act for conformity with any applicable land use plans approved under subsection 55(1) of that Act.

7. Subsection 37(1) of the Act is replaced by the following:

37. (1) In order to avoid unnecessary duplication and to ensure that projects are dealt with in a timely manner, the Board shall cooperate and coordinate its consideration of applications with the Nunavut Impact Review Board or any federal environmental assessment panel or joint panel established under subsection 115(1) or paragraph 160(1)(a) or (b) of the Nunavut Planning and Project Assessment Act in relation to the screening of projects by that Board and the review of projects by that Board or panel.

8. Sections 38 and 39 of the Act are replaced by the following:

38. (1) The Board may not issue, renew or amend a licence to use waters or deposit waste in relation to a use or deposit, or appurtenant undertaking, that is a project within the meaning of subsection 2(1) of the Nunavut Planning and Project Assessment Act if

(a) the assessment of the project under Part 3 of that Act has not been completed;

(b) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(4) or (6) or 144(3) of that Act;

(c) the Nunavut Planning Commission has determined, under section 77 of that Act, that the project is not in conformity with any applicable land use plan, and no minor variance or exemption has been granted in respect of the project under paragraph 81(2)(a) or 82(2)(a) of that Act, as the case may be;

(d) the responsible Minister, within the meaning of subsection 73(1) of that Act, has decided that the project could be modified and an amended project proposal submitted to the Nunavut Planning Commission, or that it is not to proceed; or

(e) the responsible authority, within the meaning of section 163 of that Act, has determined, under section 165 of that Act, that the project is not in conformity with the requirements set out by or under any law for which it has responsibility.

(2) Despite paragraph (1)(a), the Board may issue, renew or amend a licence in relation to exploration or developmental activities referred to in subsection 154(1) of the Nunavut Planning and Project Assessment Act or exploration or development activities referred to in paragraph 155(1)(a) or (b) of that Act.

(3) Licences issued under subsection (2) must not be renewed or amended if the responsible Minister, as defined in subsection 73(1) of the Nunavut Planning and Project Assessment Act, has come to a decision under Part 3 of that Act that the project to which the activities in question relate either is not to proceed or could be modified and an amended project proposal submitted to the Commission or the responsible authority within the meaning of section 163 of that Act, as the case may be.

9. Subsection 70(3) of the Act is replaced by the following:

(3) The Board shall, to the extent of its jurisdiction and authority under this Act to do so, incorporate the terms and conditions referred to in subsection 136(1) of the Nunavut Planning and Project Assessment Act in a licence that is issued in respect of the use of waters or deposit of waste or the appurtenant undertaking to which that use or deposit relates.

Coming into Force

10. This Part comes into force on a day to be fixed by order of the Governor in Council.

PART 2

NORTHWEST TERRITORIES SURFACE RIGHTS BOARD ACT

Enactment of Act

11. The Northwest Territories Surface Rights Board Act is enacted as follows:

An Act to establish the Northwest Territories Surface Rights Board and to make related and consequential amendments to other Acts

Whereas the Gwich’in, Sahtu, Inuvialuit and Tlicho Agreements allow for the establishment by legislation of a regime for the determination of terms and conditions of access to Gwich’in lands, Sahtu lands and Tlicho lands, and the waters overlying those lands, and Inuvialuit lands, as well as the compensation to be paid in respect of that access;

Whereas, in addition, it is appropriate to establish a regime for the determination of terms and conditions of access to other land in the Northwest Territories and the compensation to be paid in respect of that access;

And whereas it is appropriate to establish, in accordance with the Agreements, a surface rights board as an institution of public government, whose purpose is to resolve matters in dispute relating to terms and conditions of access to lands and waters, primarily for a commercial purpose, and the compensation to be paid in respect of that access;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Northwest Territories Surface Rights Board Act.

INTERPRETATION

2. (1) The following definitions apply in this Act.

“access order” means an order made under any of sections 49 to 54, 62, 69 and 77.

“Agreement” means the Gwich’in Agreement, the Inuvialuit Agreement, the Sahtu Agreement or the Tlicho Agreement, as the case may be.

“designated land” means Gwich’in lands, Inu- vialuit lands or Sahtu lands, as the case may be.

“designated organization” means the Gwich’in Tribal Council, the Inuvialuit Regional Corporation or the designated Sahtu organization, as the case may be.

“entity” includes a corporation, a partnership, association or any other unincorporated organization, an Aboriginal group or government, the Government of Canada, the Government of the Northwest Territories, and a department or agency of one of those governments.

“gas” means natural gas and includes all substances, other than oil, that are produced in association with natural gas.

“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.

“Inuvialuit Agreement” means the Inuvialuit Final Agreement between the Committee for Original Peoples’ Entitlement representing the Inuvialuit of the Inuvialuit Settlement Region, within the meaning of that Agreement, and the Government of Canada, signed on June 5, 1984 and approved, given effect and declared valid by the Western Arctic (Inuvialuit) Claims Settlement Act, as that Agreement is amended from time to time in accordance with its provisions.

“Inuvialuit lands” means land in the Northwest Territories that has been provided to the Inuvialuit under the Inuvialuit Agreement.

“minerals” means

(a) precious and base metals; and

(b) any other non-living, naturally occurring substances, whether solid, liquid or gaseous, including coal, oil and gas but not water.

“Minister” means the Minister of Indian Affairs and Northern Development.

“non-designated land” means land in the Northwest Territories that is not designated land or Tlicho lands that is either owned by an individual or entity or owned by Her Majesty in right of Canada and occupied by an individual or entity. For greater certainty, it includes

(a) the lands described in 20.1.3(a) and (b) of the Gwich’in Agreement and in 21.1.3(a) and (b) of the Sahtu Agreement and Tlicho community lands; and

(b) lands under the administration and control of the Commissioner of the Northwest Territories that are occupied by an individual or entity.

“occupant” means, in respect of land, an individual or entity, other than the owner, whose consent is required under another Act of Parliament for the exercise of a right of access to the land by an individual or entity having a right to explore for, develop or produce minerals.

“oil” means

(a) crude oil, regardless of gravity, produced at a well head in liquid form; and

(b) any other hydrocarbons, other than coal and gas, including hydrocarbons that may be extracted or recovered from deposits of oil sand, bituminous sand or oil shale or from any other type of deposits on the surface or subsurface.

“regulatory authority” means a minister, a department or agency, a municipality, the Tlicho government, a Tlicho community government or any public body responsible — under another Act of Parliament, a territorial law or a Tlicho law — for issuing a licence, permit or other authorization.

“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.

“settlement area” means, as the case may be,

(a) the area described in appendix A to the Gwich’in Agreement;

(b) the portion of the Inuvialuit Settlement Region, as defined in section 2 of the Inuvialuit Agreement, that is located in the Northwest Territories; or

(c) the area described in appendix A to the Sahtu Agreement.

“territorial law” means an ordinance of the Northwest Territories and any regulations made under an ordinance.

“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.

“wildlife” means fauna living in a wild state, including fish, mammals and birds. It does not include reindeer.

(2) In this Act,

(a) “Gwich’in lands” has the same meaning as in 20.1.1 of the Gwich’in Agreement and “Gwich’in participant” means a participant as defined in 2.1.1 of that Agreement;

(b) “Inuvialuit” means the people referred to in the definition “Inuvialuit” in section 2 of the Inuvialuit Agreement;

(c) “designated Sahtu organization” and “Sahtu lands” have the same meaning as in 2.1.1 and 21.1.1, respectively, of the Sahtu Agreement and “Sahtu participant” means a participant as defined in 2.1.1 of that Agreement; and

(d) “Monfwi Gogha De Niitlee”, “Tlicho Citizen”, “Tlicho community”, “Tlicho community lands”,“Tlicho First Nation”, “Tlicho Government”, “Tlicho lands” and “Tlicho law” have the same meaning as in 1.1.1 of the Tlicho Agreement.

PRECEDENCE

3. In the event of any inconsistency or conflict between an Agreement and this Act, the Agreement prevails to the extent of the inconsistency or conflict.

APPLICATION

4. This Act applies to the Northwest Territories.

5. This Act is binding on Her Majesty in right of Canada or a province.

GENERAL PROVISIONS

6. The Minister may delegate, in writing, any of the Minister’s powers 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.

7. (1) The Minister must review this Act with the representatives of any Aboriginal group that has entered into an agreement in relation to the Northwest Territories to determine whether this Act should be amended to implement any provision of the agreement if the agreement

(a) is a comprehensive land claim agreement, a self-government agreement, an agreement regarding the management and regulation of land and resources or governance, a transboundary agreement or a type of agreement that is specified in the regulations; and

(b) comes into force, in accordance with its provisions, either before or after the day on which this section comes into force.

(2) For greater certainty, subsection (1) does not apply in respect of an agreement that is not final or an Agreement as defined in subsection 2(1).

8. (1) For greater certainty, unless otherwise provided in an Agreement or under this Act, an individual or entity is not permitted to enter, cross or remain on Gwich’in lands, Sahtu lands or Tlicho lands, or the waters overlying those lands, or Inuvialuit lands, without the consent of the applicable designated organization or the Tlicho Government, as the case may be.

(2) Subsection (1) does not apply to Gwich’in participants, Sahtu participants or Tlicho Citizens, in relation to Gwich’in lands, Sahtu lands or Tlicho lands, respectively, or to the waters overlying those lands, or to the Inuvialuit in relation to Inuvialuit lands.

(3) Neither the issuance of an order by the Northwest Territories Surface Rights Board nor any provision of such an order has the effect of exempting the individual or entity to whom the order is issued from any obligation, restriction or prohibition set out in an Agreement or imposed under an Act of Parliament or a territorial law.

ESTABLISHMENT AND ORGANIZATION OF THE NORTHWEST TERRITORIES SURFACE RIGHTS BOARD

Board Established

9. (1) A board is established, to be known as the Northwest Territories Surface Rights Board, in this Act referred to as the “Board”.

(2) The Board is to consist of no fewer than five and no more than nine members, including the Chairperson.

(3) The Chairperson and the other members of the Board are to be appointed by the Minister.

(4) The Minister must make any appointments that are necessary to ensure that an odd number of members holds office at any time.

10. (1) The purpose of the Board is to resolve matters in dispute relating to access to Gwich’in lands, Sahtu lands and Tlicho lands, and the waters overlying those lands, and Inuvialuit lands and non-designated land.

(2) To fulfil its purpose, the Board may, in accordance with this Act, make orders setting out the terms and conditions on which an individual or entity may access those lands and waters and the appropriate compensation to be paid in respect of the access.

11. (1) The Chairperson is the chief executive officer of the Board and exercises the powers and performs the functions set out in the Board’s bylaws.

(2) The Board must designate a member who is to act as Chairperson in the event that the Chairperson is absent or becomes incapacitated or if their office becomes vacant.

12. (1) The Minister must appoint five alternate members.

(2) If a member is absent or incapacitated or if their office is vacant, the alternate member who is subject to the same residency requirements as that member must perform the functions normally performed by that member, subject to the Board’s bylaws or, in the absence of an applicable provision in the bylaws, the direction of the Chairperson, and in doing so, is deemed to be a member.

13. (1) The Minister must appoint as members and alternate members individuals who, in the Minister’s opinion, have knowledge or experience that will assist the Board in fulfilling its purpose and who are residents of the Northwest Territories.

(2) For greater certainty, the knowledge and experience referred to in subsection (1) includes Aboriginal traditional knowledge and experience in relation to that knowledge.

(3) Among the individuals appointed as members and alternate members, at least one member and one alternate member must be residents of

(a) the area described in appendix A to the Gwich’in Agreement;

(b) Inuvik or the portion of the Inuvialuit Settlement Region, as defined in section 2 of the Inuvialuit Agreement, that is located in the Northwest Territories;

(c) the area described in appendix A to the Sahtu Agreement; and

(d) the Monfwi Gogha De Niitlee.

(4) Each individual appointed as a member or alternate member referred to in any of paragraphs (3)(a) to (d) must have, in the Minister’s opinion, considerable knowledge in respect of lands, the environment or Aboriginal traditional knowledge in relation to the appli- cable settlement area or the Monfwi Gogha De Niitlee, as the case may be.

14. (1) A member or alternate member who is of the opinion that they have ceased to meet the applicable residency requirements must advise the Minister and the Board without delay.

(2) If the Minister determines that a member or alternate member has ceased to meet the applicable residency requirements — regardless of whether the Minister has been so advised under subsection (1) — the Minister must send written notification to that member and their appointment is terminated as of the day on which the member receives the written notification or the day on which they are deemed to have received it, which is 30 days after it is sent, whichever is earlier.

(3) If a member ceases to meet the applicable residency requirements before they have made a decision in a matter for which a hearing is held, the member may, with the consent of the parties to the hearing, continue to perform their functions as a member only in relation to that matter until the hearing is concluded and a decision is made. For the purpose of the appointment of a replacement, their office is deemed to be vacant as soon as their appointment is terminated under subsection (2).

15. (1) Members and alternate members are appointed to hold office for a term of five years.

(2) If the term of a member expires before they have made a decision in a matter for which a hearing is held, the member may, in accordance with the Board’s bylaws or, in the absence of an applicable provision in the bylaws, the direction of the Chairperson, continue to perform their functions as a member only in relation to that matter until the hearing is concluded and 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.

16. Members and alternate members hold office during good behaviour and may be removed by the Minister for cause.

17. Members and alternate members are eligible to be reappointed to the Board for a second term in the same or in another capacity, but they are not, in the three years following the completion of their second consecutive term, eligible for appointment in any capacity.

18. (1) Members — including the Chairperson — are to receive the remuneration that is determined by the Minister for the performance of their functions and are to be paid the travel and living expenses incurred by them while they are absent from their ordinary place of residence in the course of performing their functions that are consistent with Treasury Board directives for public servants.

(2) Alternate members are not entitled to receive any remuneration unless they attend a meeting, training session or other event at the request of the Chairperson, in which case they are to receive the remuneration that is determined by the Minister, and are to be paid the travel and living expenses incurred by them while they are absent from their ordinary place of residence that are consistent with Treasury Board directives for public servants.

19. The Board may employ any employees and engage the services of any agents, advisers and experts that are necessary for the proper conduct of its business and may fix the terms and conditions of their employment or engagement and pay their remuneration.

20. Members, alternate members who attend meetings, training sessions or other events at the request of the Chairperson and employees of the Board 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 under section 9 of the Aeronautics Act.

21. (1) A member, employee of the Board, agent, adviser or expert must not perform their functions if doing so would place them in a conflict of interest.

(2) An individual is not placed in a conflict of interest solely because of any status or entitlement conferred on them under an Agreement or because they have an interest in land in the Northwest Territories.

22. No action lies against a member or an employee of the Board for anything done or omitted to be done in good faith in the performance, or purported performance, of any function under this Act.