MVLWB
The settlement of comprehensive land claim agreements was designed to create certainty and clarity for Aboriginal groups, governments, residents, and those wishing to carry out developments on lands within the Mackenzie Valley. These agreements establish co-management authorities, whose roles—while operating as independent administrative tribunals—can effectively ensure the participation of all levels of government, residents, and those wishing to develop projects in the North. The objectives of the Boards are to provide for the conservation, development, and utilization of land and water resources in a manner that will provide the optimum benefit generally for all Canadians and in particular for residents of each respective management area and residents of the Mackenzie Valley (see section 101.1 of the MVRMA). The practical implications of this unique and relatively recent history are several: the Mackenzie Valley regulatory regime is effectively a “negotiated” regime, making the “spirit and intent” of the land claims a fundamental underpinning of the system. It is different than other regulatory regimes in Canada, and it is different by design. This is understood and respected by the Land and Water Boards in the conduct of their duties, but because of this fundamental difference, not as well understood or fully appreciated by all parties.
3.1 Who are the Land and Water Boards of the Mackenzie Valley? Fundamental to the Mackenzie Valley regulatory regime, as stated in the MVRMA, is that the system is “to provide for an integrated and coordinated system of land and water management in the Mackenzie Valley”. The authority and scope of the Land and Water Boards, established through Parts 3 and 4 of the MVRMA 2 form only a small part of the integrated system. As the Mackenzie Valley Land and Water Board (MVLWB) and the Regional Panels, we have the power to regulate the use of land and water, including the issuance of land use permits and water licences within our respective jurisdictions. Regional Panels of the MVLWB continue to regulate land and water uses and deposits of waste for activities wholly within their respective management areas. The MVLWB exercises similar powers for activities that are to take place or are likely to have an impact in more than one management area or that are to take place wholly outside any management area. Hereafter in this report, ‘Boards’ refers to us as a collectivity: the Gwich’in Land and Water Board, the Sahtu Land and Water Board, the Wek’èezhìi Land and Water Board, and the MVLWB. Since 2005, the Boards have begun to ground our work in the concepts of “integration and coordination” and have been working together through mechanisms such as the NWT Board Forum and our Standard Procedures and Consistency Working Groups. Our work is directed towards ensuring our processes become more effective, predictable and certain (from the perspective of process). The objective is to ensure regulatory consistency while taking into account regional perspectives, concerns, and issues.
2 Part 3 of the MVRMA establishes regional land and water boards with the power to regulate the use of land and waters and the deposit of waste, including the issuance of land use permits and water licences, so as to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit to the residents of the management area and of the Mackenzie Valley and to all Canadians. Part 4 of the Act establishes the Mackenzie Valley Land and Water Board (MVLWB). Regional Land and Water Boards have been established in the Gwich’in, Sahtu and Wek’èezhìi management areas and now form Regional Panels of the MVLWB.
Perspectives on Regulatory Improvement in the Mackenzie Valley •
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