In accordance with the proposed new Section 131.1, the Voyo Government, after reviewing a MVEIRB report recommending that approval of a proposed construction in the Vgo regions be subject to significant adverse effects, must adopt or refer the recommendation to the Board of Directors or accept or reject the recommendation with amendment (paragraph 81). Unlike the federal minister or a designated regulator dealing with a similar recommendation, the Tlicho government cannot order an environmental impact assessment. The official government is also authorized to adopt, amend or reject a report on the revision of environmental impacts with respect to the evolution of ographic surfaces (p. 22.2.29). Neither the Gwich`in nor the Sahtu Land Claim Agreement confers similar authority on these First Nations. In the Gwich`in and Sahtu Dene and Métis agreements, almost identical chapters on soil and water regulation require an integrated land and water management and environmental assessment system for the Mackenzie Valley. (15) They generally describe the composition, role and jurisdiction of a number of states that need to be developed through legislation, including land-use planning bodies, agriculture and water authorities, and environmental impact assessment committees. These institutions were formally established and their mandates and processes were better defined by the Mackenzie Valley Resource Management Act (MVRMA) of 1998. (16) 2.5 No clause or condition of this agreement or the performance of a contract under this Agreement will be deemed void unless the waiver is made in writing and by the party or parties giving the waiver. According to MVRMA, the federal Minister of Indian Affairs is solely responsible, with two exceptions, for the appointment of members to the supervisory boards created under the Act.
(26) The specified number of board members is appointed either after the appointment of a First Nation or after consultation with First Nations, in accordance with Parts 2 to 5. The land agreements of the Gwich`in and Sahtu Dene and Métis do not allow them to appoint board members. In the case of the Wekeezhii Land and Water Board [see 22.3.3], Agreement 22.3.3 provides for the adoption of this authority. As a result, Bill C-14 amends Section 11 mVRMA to allow an additional derogation from the exclusive appointment power of the federal government for members directly appointed to the board of directors by the Tlicho government in accordance with the proposed new subsection 57.1 (2) (point 19). Similarly, the President of the Wekeezhii Agriculture and Water Board is appointed jointly by the Minister and the Pheo Government in accordance with a new subsection 12, paragraph 2.1 of the MVRMA (paragraph 20) [s 22.3.6]. Both the gwich`in and Sahtu Dene and Métis agreements provide that, under the prescribed circumstances, Aboriginal groups with an adjacent landholding have a right of representation on the boards of Gwich in and Sahtu [see 24.1.6 and 25.1.6]. Agreement 22.3.4 contains a provision similar to that of previous agreements. Section 15 of the MVRMA recognizes the right of representation and sets rules for the appointment of special members. Section 22 replaces Section 15 to ensure that the chambers themselves have the authority to determine how they apply their respective contractual provisions that balance that right. This approach is more in line with the language of the three agreements.
As mentioned above, the creation of the WLWB in the new section 57.1 of the proposed MVRMA includes the Tlicho government`s unique right to appoint 50% of the board members or two members [see 18.104.22.168 (b)]. This claim is subject to any agreement, including a duplication agreement [see 2.7.3] between the official government and another Aboriginal people.