Gwich’in, Mackenzie Valley, Sahtu, and Wek’èezhìı Land and Water Boards – collectively, the LWBs have released a set of guidelines to raise awareness about the existence of water laws and the claims compensation process in the N.W.T.
Despite the N.W.T. ‘s long history of mining, there have been few applications and leaders at the organization say a lack of awareness of the laws and lack of accessibility to the legal language of the water acts is part of the reason why.
Kathleen Racher, who is the executive director of the Mackenzie Valley Land and Water Board, said few claims have been filed to date, but creation of the guidelines could help change that.
The guidelines were written because staff at the organization have observed a lack of awareness among the community regarding the existence of the legislation. There is a lack of understanding of how the legislation works, because of the legislation’s legal language.
Racher says it is likely part of the reason few applications have been filed.
After working with a group that had tried to file a claim for compensation, a team at the board led by Racher decided it might be a good idea to write out a set of guidelines to help anyone looking to file an application in the future.
The water laws are not new but the organization hopes the guidelines will help bring awareness that water laws under the waters act do exist.
“It’s always been in the legislation. it’s always been something that’s possible,” said Racher.
The guidelines are also aimed at helping potential applicants understand what is a complicated process of filing a claim.
“It’s just we kind of wrote down what the process is finally and tried to do it in as plain as English as possible.’
“There’s nothing new in them. They’re just explaining the legislation because most people don’t read the legislation,” Racher pointed out.
According to the guidelines, applications can be filed regarding new projects such as new mine proposals, that could potentially affect water quality.
“Water compensation is for the expected future effects from a project on other water users, not for effects that have already happened,” reads the guidelines.
Of the few applications that have been filed, few have been approved to date, including a claim regarding the Giant Mine site from a few years ago, said Racher.
Those who apply would have to prove that they could be affected and also would have to prove that they tried to work together with the parties involved to resolve the concerns before applying to the board.
“Normally what would happen is a proponent and individuals that might be affected are encouraged basically to work together to figure something out and not come to the board if possible because it’s always better when people work things out amongst themselves.”
“It’s a good idea that people try to work things out themselves and that we need to see some evidence that they made an effort,” added Racher.
Despite the N.W.T. ‘s long history of mining, there have been few applications and the organization believes that a lack of awareness of the laws and lack of accessiblity to the legal language of the water acts is part of the reason why.
While Racher is not certain why few claims have been filed to date, the executive director said that having the guidelines could help change that.
“That’s why we tried to write it out in a way that’s a little more accessible than the legislation is written, so that people have a better idea of what could happen and what their rights are,” said Racher.
Public records of past applications and decisions show that the claim process has not been active since 2020.
“I think the last time we talked about it, I was part of the Giant Mine Oversight Board. At the time I wasn’t with the Mackenzie Land and Water Board but some people for example, who were using the marina around Giant Mine, claimed compensation because of the remediation project.”
Racher said it was the last time in recent memory that anyone had filed a claim for compensation, but it was not granted in the end.
The Mackenzie Land and Water Board was first established back in March 2000.
“It came out of the McKenzie Valley Resources Management Act [1998]. It was created then and it kind of replaced the existing N.W.T. water board. There were regulations before, we’re basically using the same act that the old board used in terms of the waters act and compensation, and all of that hasn’t changed since before our board was established,” said Racher.
The establishment of the board was part of an effort to have an integrated system of land water management throughout the Mackenzie Valley, explained Racher.
The board was distinct because it was focussed on doing that in a way that respected the finalized agreements that were made in the Gwich’in and Sahtu regions and later in the Tłı̨chǫ regions, said Racher.
Currently in the N.W.T, the Dehcho First Nations, the Akaitcho First Nations and the Métis are seeking to settle rights to treaty lands.
“It was it was about having an integrated system of land and water management across the territory.”
Racher said that the board issues guidelines regularly to help clarify the laws and processes enacting the laws.
“For as many people as possible, our website’s full of various guidelines and different resources that people can access at any time.”
Racher said while the board doesn’t have the power to change the laws or the regulations, they can help interpret them and break down what they mean in terms accessible to the public.
The Land and Water Boards of the Mackenzie Valley announced the release of the new LWB Introduction to Water Compensation Claims and detailed Guidelines for Water Compensation Claims earlier this month.
The LWBs provided documents for licence applications made to the LWBs that offer guidance on the legislation itself and the LWB process.
Notice of Intent to File Claim for Water Compensation
Claim Form for Water Compensation – General
Claim Form for Water Compensation – Inuit Organization
Claim Form for Water Compensation – Sahtu or Gwich’in First Nation
Claim Form for Water Compensation – Tłįchǫ
The LWBs guidelines process includes definitions of what water compensation is, wha the compensation claim application and process and what are the possible outcomes of the water compensation claim process.
