Regulatory and Policy Updates

Northwest Territories Surface Rights Board

Wednesday, November 21, 2018 - 09:00 to 09:19 Theatre 3


L.A. Azzolini (Presenting)
NWT Surface Rights Board

E. Wright
NWT Surface Rights Board

M. Vedic
NWT Surface Rights Board

D. Bayah
NWT Surface Rights Board

I. McCrea
NWT Surface Rights Board

V. Christen
NWT Surface Rights Board

The NWT Surface Rights Board (SRB) is mandated to resolve disputes over terms and conditions and compensation, between holders of surface or subsurface rights and the occupant of the surface when an agreement cannot be reached by the parties through negotiation or mediation.

The Northwest Territories (NWT) SRB is an institution of public government established by the Surface Rights Board Act of the NWT. The SRB Act came into force generally on April 1, 2014. However, the specific provisions governing SRB operations did not come into force until April 1, 2016.

The purpose of the NWT SRB is to fairly resolve matters in dispute regarding access to lands in the NWT and waters overlying those lands in the Mackenzie Valley and the compensation to be paid for that access. These lands include Gwich’in Land Claim Settlement lands, Sahtu Land Claim Settlement lands, Tlicho Land Claim Settlement lands, as well as private, Commissioner’s and Crown lands. It also includes Inuvialuit Land Claim Settlement lands. To do so, the NWT SRB makes orders setting out the terms and conditions on which a person (such as an individual, corporation, government, etc.) may access those lands and waters as well as the compensation to be paid for that access.

The NWT SRB Act meets Canada’s obligations arising from the Gwich’in Comprehensive Land Claims Agreement and the Sahtu Dene and Metis Comprehensive Land Claims Agreement to establish surface rights legislation in the NWT.

All members and alternate members must be residents of the NWT. Further, at least one member and one alternate member must be a resident of Inuvik or the NWT portion of the Inuvialuit Settlement Region, the Gwich’in Settlement Area, the Sahtu Settlement Area and the Mowhì Gogha Dè Ni?i?tlèè.

the Board has all the power, rights and privileges of a superior court with respect to the attendance and examination of witnesses, the production and inspection of documents and all other matters necessary or proper in relation to Applications for, Reviews of, or Termination of Orders.

Subject to sections 85 to 88 (Review and Amendment of an Access Order), an order of the Board and any decision made by the Board in respect of an application for, or a review of, an order is final and binding and is not subject to appeal to, or review by, any court.

The NWT SRB is pleased to report significant progress in all facets of its work. Its operations are established with key management controls in place. Rules of Procedure and SRB By-laws are in place. A professional development framework supports member capacity to deliver on the SRB’s mandate; and, all the SRB’s work is consistent with its updated five-year strategic plan, supporting business and expenditure plan.