• Northwest Territories Surface Rights Board

  Office des droits de surface des Territoires du Nord-Ouest

• Northwest Territories Water Board

  Office des eaux des Territoires du Nord-Ouest

“analyst”

« analyste »

“analyst” means a person designated as an analyst under the Canada Water Act, the Mackenzie Valley Resource Management Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act;

• Marginal note:Territories

  (2) Evidence of any proclamation, order, regulation or appointment made by the Lieutenant Governor or Lieutenant Governor in Council of the Northwest Territories, as constituted prior to September 1, 1905, or by the Legislature of Yukon, of the Northwest Territories or for Nunavut, may be given by the production of a copy of the Canada Gazette purporting to contain a copy of the proclamation, order, regulation or appointment, or a notice of it.

“federal waters”

« eaux fédérales »

“federal waters” means — other than in Yukon and the Northwest Territories — waters under the exclusive legislative jurisdiction of Parliament and

• (a) in Yukon, waters in a federal conservation area as defined in section 2 of the Yukon Act, and

• (b) in the Northwest Territories, waters other than those in respect of which the Legislature of the Northwest Territories may make laws under paragraph 18(1)(n) of the Northwest Territories Act;

“servant”

« préposés »

“servant” includes agent, but does not include any person appointed or employed by or under the authority of a law of the Legislature of Yukon, of the Northwest Territories or for Nunavut;

Marginal note:Territorial electoral districts

30. In each of Yukon, the Northwest Territories and Nunavut, there shall be one electoral district respectively named and described as follows, each of which shall return one member:

Yukon: consisting of Yukon as bounded and described in Schedule 1 to the Yukon Act.

Western Arctic: consisting of the Northwest Territories as bounded and described in the definition “Northwest Territories” in section 2 of the Northwest Territories Act.

Nunavut: consisting of Nunavut as bounded and described in section 3 of the Nunavut Act.

• Marginal note:Application to territories

  (2) For the purposes of this Act, the expression “Her Majesty in right of a province” includes the governments of Yukon, the Northwest Territories and Nunavut and the expression “legislature of any province” includes the Legislative Assembly of Yukon, the Northwest Territories or Nunavut.

“province”

« province »

“province” means any province — other than Yukon and the Northwest Territories — in which there is in force an Act giving the government of the province or any board, commission, officer or other governmental agency control over the sale of intoxicating liquor in that province;

Marginal note:Administration of lands — Nunavut

• 6. (1) The Minister has the administration of lands situated in Nunavut belonging to Her Majesty in right of Canada except those lands

  • (a) that are under the administration of any other minister of the Government of Canada or any agent corporation as defined in subsection 83(1) of the Financial Administration Act; or

  • (b) that are under the administration and control of the Commissioner of Nunavut under the Nunavut Act.

• Marginal note:Yukon and Northwest Territories

  (2) The Minister has the administration of public real property as defined in section 2 of the Yukon Act — and public lands as defined in section 2 of the Northwest Territories Act — except that public real property or those public lands, as the case may be, that are under

  • (a) the administration of another minister of the Government of Canada or any agent corporation as defined in subsection 83(1) of the Financial Administration Act; or

  • (b) the administration and control of the Commissioner of Yukon or the Commissioner of the Northwest Territories, as the case may be, under the applicable Act.

• (b) in respect of lands under his or her administration and control under the Northwest Territories Act, the Commissioner of the Northwest Territories, and

Marginal note:Surveys made by Canada Lands Surveyor under other Act

22. The provisions of sections 17, 18 and 23 apply, with any modifications that the circumstances require, to surveys under any other Act of Parliament, or any regulation made under such an Act, or any law of the Legislature of Yukon, of the Northwest Territories or for Nunavut if the Act, regulation or law requires the surveys to be made by a Canada Lands Surveyor.

• Marginal note:Territoires

  (2) Dans les terres du Canada situées au Yukon, dans les Territoires du Nord-Ouest ou au Nunavut, toutes les réserves établies au cours de l’arpentage de chemins, rues, ruelles ou terrains communaux dans une ville, un village ou un établissement sont des routes publiques ou des terrains communaux.

Marginal note:Jurisdiction — Inuvialuit Settlement Region

• 12.1 (1) The Board shall, for a period of 20 years beginning on the day on which this section comes into force, be the regulator — under any law of the Legislature of the Northwest Territories that is made under paragraph 19(1)(a), (b) or (c) of the Northwest Territories Act — in respect of that portion of the Inuvialuit Settlement Region, as defined in section 2 of the Canada Oil and Gas Operations Act, that is situated in the onshore as defined in section 2 of the Northwest Territories Act.

• Marginal note:Successive periods and termination

  (2) The Government of Canada and the Government of the Northwest Territories may agree that the Board shall be the regulator for successive periods of 20 years each; they may also, before the expiry of each successive period, agree to its earlier termination.

• (c) enter into such agreements with the government of a province, or with the government of Yukon or the Northwest Territories after consultation with the Legislature of Yukon or the Northwest Territories, as may be necessary to facilitate the attainment of the objects of this Act and to provide for coordination and review of the activities of the Agency and those governments in relation to the pipeline;

“Agreement”

« accord »

“Agreement” means the Agreement for Coordination and Cooperation in the Management and Administration of Petroleum Resources in the Inuvialuit Settlement Region that was made on June 25, 2013, as amended from time to time.

“Inuvialuit Settlement Region”

« région désignée des Inuvialuits »

“Inuvialuit Settlement Region” has the same meaning as in section 2 of the Agreement — as defined in section 2 of the Western Arctic (Inuvialuit) Claims Settlement Act — excluding any area in Yukon or in the adjoining area as defined in section 2 of the Yukon Act.

“onshore”

« région intracôtière »

“onshore” has the same meaning as in section 2 of the Northwest Territories Act;

“straddling resource”

« ressource chevauchante »

“straddling resource” means a pool or field that the National Energy Board determines under section 48.02

• (a) is wholly or partly in the Inuvialuit Settlement Region, other than in Inuvialuit lands as defined in Article 2.1 of the Agreement, and

• (b) straddles the offshore, as defined in section 48.01, and the onshore;

• (a) that part of the onshore that is under the administration of a federal minister,

• (b) Nunavut,

• (c) Sable Island,

• (d) that part — of the internal waters of Canada or the territorial sea of Canada — that is not situated

  • (i) in a province other than the Northwest Territories, or

  • (ii) in that part of the onshore that is not under the administration of a federal minister, and

• (e) the continental shelf of Canada and the waters superjacent to the seabed of that continental shelf,

• (a.1) in the case of land in the Northwest Territories, an order made by a territorial tribunal that is competent to resolve matters in dispute relating to access to the surface of lands; and

• Marginal note:Straddling resources — approval

  (6.1) Despite subsection (4), the National Energy Board may approve a development plan in relation to developing a straddling resource, subject to

  • (a) the consent of the Governor in Council and the Executive Council of the Northwest Territories in relation to Part I of the plan; and

  • (b) any requirements that the Board considers appropriate or that may be prescribed.

• Marginal note:No consent

  (6.2) If the Governor in Council and the Executive Council of the Northwest Territories do not consent in relation to Part I of the plan, the Minister or the Government of the Northwest Territories may notify the other of their intention to refer the matter to an independent expert for a decision in accordance with section 48.095.

• Marginal note:Expert’s decision

  (6.3) The expert’s decision in relation to the development plan is deemed to be a development plan that is approved by the National Energy Board and in relation to Part I of the plan is deemed to be one that is consented to by the Governor in Council and the Executive Council of the Northwest Territories.

• Marginal note:Amendment

  (6.4) If a development plan is approved under subsection (6.1) or deemed to be approved under subsection (6.3), no amendment is to be made to the plan unless it is approved by the National Energy Board and, in the case of an amendment to Part I of the plan, consented to by the Governor in Council and the Executive Council of the Northwest Territories.

• Marginal note:Amendment — application of subsections (6.1) to (6.4)

  (6.5) Subsections (6.1) to (6.4) apply, with any modifications that the circumstances require, in respect of a proposed amendment to a development plan.

“unitization order”

« arrêté d’union »

“unitization order” means an order that is made under section 41 or issued under section 48.092;

Straddling Resources — Inuvialuit Settlement Region

Definitions

Marginal note:Definitions

48.01 The following definitions apply in this section and in sections 48.02 to 48.096.

“notification area”

« zone de notification »

“notification area” means the following:

• (a) that part of the offshore that is situated within 20 kilometres of the onshore; and

• (b) that part of the onshore that is situated within 20 kilometres of the offshore.

“offshore”

« région extracôtière »

“offshore” means that part of the Inuvialuit Settlement Region that is not situated in the onshore.

Determination

Marginal note:National Energy Board’s obligations

48.02 If the data obtained from conducting a survey or drilling an exploratory well — as defined in subsection 101(1) of the Canada Petroleum Resources Act — in the notification area provide sufficient information for the National Energy Board to determine that a pool or field exists, the Board shall

• (a) determine whether the pool or field is a straddling resource;

• (b) without delay notify the Minister and the Government of the Northwest Territories of its determination and the reasons for it; and

• (c) on request, provide that Minister or that Government with the information that is in the Board’s possession and pertinent to that determination.

Marginal note:Information sharing

48.03 The Minister and the Government of the Northwest Territories shall, on request, provide the other with the information that is in their possession and is relevant to the proper and efficient exploration for and the management, administration and exploitation of the straddling resource.

Exploitation of Straddling Resources

Marginal note:Single pool or field

• 48.04 (1) A straddling resource may be exploited as a single pool or field, as the case may be.

• Marginal note:Single exploration or drilling program

  (2) An exploration or drilling program related to a straddling resource is, to the extent practicable, to be managed as a single exploration or drilling program.

Marginal note:Notice — intention to start production

• 48.05 (1) If an interest owner, as defined in section 2 of the Canada Petroleum Resources Act, advises the Minister or the National Energy Board — including by way of an application under section 38 of the Canada Petroleum Resources Act or paragraph 5(1)(b) of this Act, as the case may be — that it intends to start production of a straddling resource, the Minister shall, without delay, notify the Government of the Northwest Territories of the interest owner’s intention.

• Marginal note:Notice — after production commences

  (2) If, after production commences, the National Energy Board determines that a pool or field is a straddling resource

  • (a) the Minister or the Government of the Northwest Territories — depending on the jurisdiction in which production commenced — shall, without delay, notify the other of that determination; and

  • (b) either of them may give notice under section 48.06.

Marginal note:Requirement — exploitation as single unit

48.06 The Minister or the Government of the Northwest Territories may, by notice, require of the other that a pool or field that is a straddling resource be exploited as a single pool or field, as the case may be.

Marginal note:Unit agreement

• 48.07 (1) The royalty owners and the working interest owners in respect of a straddling resource may enter into a unit agreement and, if it is approved under subsection 48.09(1), they shall operate their interests in accordance with it or any amendment to it.

• Marginal note:Unit operating agreement

  (2) The working interest owners in respect of a straddling resource may enter into a unit operating agreement and, if it is approved under subsection 48.09(1), they shall operate their interests in accordance with it or any amendment to it.

• Marginal note:Termination

  (3) Unless the Minister and the Government of the Northwest Territories agree to an earlier termination, a unit agreement or a unit operating agreement remains in force until the later of

  • (a) the day on which commercial production from the straddling resources to which the agreement applies ends, and

  • (b) the day on which there are no outstanding obligations in respect of the decommissioning or the abandonment of the production system for a straddling resource to which the agreement applies.

Marginal note:Order to enter into agreements

48.08 If a straddling resource is required to be exploited as a single pool or field under section 48.06 and the working interest owners have not entered into a unit agreement and a unit operating agreement, the Minister shall order the working interest owners in the portion of the pool or field that is in the Minister’s jurisdiction to do so.

Marginal note:Approval of agreements

• 48.09 (1) A unit agreement and a unit operating agreement are subject to the approval of the Minister and the Government of the Northwest Territories. They are to be approved only if all royalty owners and working interest owners referred to in subsection 48.07(1) or all working interest owners referred to in subsection 48.07(2), as the case may be, are parties to the agreement.

• Marginal note:Condition precedent

  (2) No authorization is to be issued under paragraph 5(1)(b) — and no development plan is to be approved under subsection 5.1(4) — in relation to the exploitation of a straddling resource if the unit agreement and the unit operating agreement are not approved under subsection (1).

Marginal note:Referral to independent expert

48.091 If the royalty owners and the working interest owners in respect of a straddling resource do not enter into a unit agreement — and, in the case of the working interest owners, a unit operating agreement — within 90 days after the day on which the Minister orders the working interest owners to enter into those agreements under section 48.08, the Minister or the Government of the Northwest Territories may notify the other of their intention to refer the matter to an independent expert for a decision in accordance with section 48.095.

Marginal note:Unitization order

• 48.092 (1) The Minister shall issue a unitization order in accordance with the independent expert’s final decision.

• Marginal note:Effect

  (2) The unit agreement and the unit operating agreement have the effect given them by the Minister’s order.

• Marginal note:Government of the Northwest Territories

  (3) A unitization order becomes effective only if the Government of the Northwest Territories issues an equivalent order.

• Marginal note:Joint approval

  (4) The issuance of a unitization order by the Minister and of an equivalent order by the Government of the Northwest Territories is deemed to be their joint approval of the unit agreement and the unit operating agreement.

• Marginal note:Effective date

  (5) Subject to subsection (3), a unitization order becomes effective on the day established in the order, but that day is not to be less than 30 days after the day on which the order is issued.

Marginal note:Redetermination

48.093 The Minister, the Government of the Northwest Territories or a working interest owner may — in respect of future production — request a redetermination of

• (a) the apportionment of the production from the straddling resource; or

• (b) one or more of the elements set out in the unit agreement or the unit operating agreement.

Marginal note:No agreement — royalty owners and working interest owners

48.094 If the royalty owners and the working interest owners in respect of a straddling resource do not enter into an agreement in respect of the redetermination under section 48.093 within 90 days after the day on which the request is made, the Minister or the Government of the Northwest Territories may notify the other of their intention to refer the matter to an independent expert for a decision in accordance with section 48.095.

Marginal note:Independent expert

• 48.095 (1) Within 90 days after the day on which the Minister or the Government of the Northwest Territories is notified under subsection 5.1(8) or section 48.091 or 48.094, the Minister and the Government shall appoint the independent expert.

• Marginal note:Qualifications

  (2) The independent expert must be impartial and independent and have knowledge or experience relevant to the matter.

• Marginal note:Appointment — drawing lots

  (3) If the Minister and the Government of the Northwest Territories do not appoint the expert in accordance with subsection (1), each shall — within 30 days after the day on which the time to appoint an expert expires — submit to the other the names of up to two persons with the qualifications set out in subsection (2); they shall within 30 days after the day of submission select the independent expert from those persons by drawing lots and appoint that person as the independent expert.

• Marginal note:Absence of submission, selection or appointment

  (4) If the Minister or the Government of the Northwest Territories does not submit, select or appoint as required by subsection (3), they are deemed to make the same submission, selection or appointment — as the case may be — as the other and are bound by the decision of the independent expert.

• Marginal note:Preliminary decision

  (5) Within 90 days after the day on which they are seized of the matter or within any other period agreed to by the Minister and the Government of the Northwest Territories, the independent expert shall render a preliminary decision and the Minister and the Government are to be provided with it and the reasons for it, including any supporting documentation.

• Marginal note:Clarification or reconsideration

  (6) The Minister or the Government of the Northwest Territories may — within 60 days after being provided with the preliminary decision — request the independent expert to clarify or reconsider that decision and make additional submissions to the independent expert.

• Marginal note:Further submissions

  (7) If the Minister or the Government of the Northwest Territories does so request and make such submissions, they shall provide the other with a copy of those submissions. The other may — within 15 days after the day on which they receive that copy — make further submissions and shall provide the other with a copy of them.

• Marginal note:Final decision

  (8) Within 120 days after the day on which they render a preliminary decision, the independent expert shall render a final decision and the Minister and the Government of the Northwest Territories are to be provided with it and the reasons for it, including any supporting documentation.

• Marginal note:Decision is final and binding

  (9) An independent expert’s final decision is final and binding on the Minister and the Government of the Northwest Territories and is not to be challenged on appeal or judicial review in any court except on the ground that the independent expert erred in law or exceeded the independent expert’s jurisdiction.

• Marginal note:Legal proceedings

  (10) If a person acts as an independent expert,

  • (a) the person is not to be called to give evidence, and is not compellable as a witness, in any legal proceedings related to the matter; and

  • (b) the person’s records related to the matter are not admissible as evidence in any legal proceedings related to the matter.

Marginal note:Regulations — Inuvialuit lands

48.096 The Governor in Council may, if the Inuvialuit Regional Corporation agrees in writing under subsection 3.3(b) of the Agreement to be bound by a provision of Article 5 of the Agreement, make regulations adapting the definitions “Agreement”, “Inuvialuit Settlement Region” and “straddling resource” in section 2 and sections 48.01 to 48.095 accordingly.

• Northwest Territories Surface Rights Board

  Office des droits de surface des Territoires du Nord-Ouest

• Northwest Territories Water Board

  Office des eaux des Territoires du Nord-Ouest

• (iv) a law made by the Legislature of Yukon, of the Northwest Territories or for Nunavut, a rule made by the Legislative Assembly of Yukon under section 16 of the Yukon Act, of the Northwest Territories under section 16 of the Northwest Territories Act or of Nunavut under section 21 of the Nunavut Act or any instrument issued, made or established under any such law or rule.

• Marginal note:Territories

  (2) In its application to Yukon, the Northwest Territories and Nunavut, the expression “lieutenant governor in council” in this Act means the Commissioner of Yukon, the Northwest Territories or Nunavut, acting after consultation with the Legislative Assembly of Yukon, the Northwest Territories or Nunavut, as the case may be.

• Marginal note:Nunavut

  (2) Sections 9 and 12 to 16 and paragraph 23(k) apply to territorial lands under the administration and control of the Commissioner of Nunavut.

Marginal note:Consultation

6. The Governor in Council may exercise the powers mentioned in sections 4 and 5 only after consultation with the Legislative Assembly of the Northwest Territories or Nunavut, as the case may be, or — if it considers that consultation to be impracticable — after consultation with each of the members of the relevant Legislative Assembly with whom consultation can be effected.

“Dominion water-powers”

« forces hydrauliques du Canada »

“Dominion water-powers” means any water-powers on public lands, or any other water-powers that are the property of Canada and have been or may be placed under the administration of the Minister, but does not include water-powers on lands under the administration and control of the Commissioner of Yukon or the Northwest Territories;

“public lands”

« terres domaniales »

“public lands” means lands belonging to Her Majesty in right of Canada and includes lands of which the Government of Canada has power to dispose but does not include lands under the administration and control of the Commissioner of Yukon or the Northwest Territories;

• (b) for the Northwest Territories, the member of the Executive Council of the Northwest Territories designated by the Commissioner of the Northwest Territories,

• (d) any member of the Legislative Assembly of the Northwest Territories, or any agency in the Northwest Territories, designated by the Commissioner of the Northwest Territories; or

• Marginal note:Disclosure — governments and agencies

  (6.1) The National Energy Board may disclose any information or documentation that it obtains under this Act or the Canada Oil and Gas Operations Act — to officials of the Government of Canada, the government of a province or a foreign government or to the representatives of any of their agencies — for the purposes of a federal, provincial or foreign law, as the case may be, that deals primarily with a petroleum-related work or activity, including the exploration for and the management, administration and exploitation of petroleum resources, if

  • (a) the government or agency undertakes to keep the information or documentation confidential and not to disclose it without the Board’s written consent;

  • (b) the information or documentation is disclosed in accordance with any conditions agreed to by the Board and the government or agency; and

  • (c) in the case of disclosure to a foreign government or agency, the Minister consents in writing.

• Marginal note:Disclosure — Minister

  (6.2) The National Energy Board may disclose to the Minister the information or documentation that it has disclosed or intends to disclose under subsection (6.1), but the Minister is not to further disclose that information or documentation unless the Board consents in writing to that disclosure or the Minister is required by an Act of Parliament to disclose that information or documentation.

• Marginal note:Consent

  (6.3) For the purposes of paragraph (6.1)(a) and subsection (6.2), the National Energy Board may consent to the further disclosure of information or documentation only if the Board itself is authorized under this section to disclose it.

Marginal note:Northwest Territories

• 117.2 (1) An interest in respect of lands that straddle the onshore and the offshore — that is in effect on the coming into force of this section — is divided into two interests: one in respect of the portion of those lands that is situated in the onshore and one in respect of the portion that is situated in the offshore. Only the offshore interest is to be under the administration of a federal minister.

• Marginal note:Assignment of new numbers

  (2) The Registrar referred to in subsection 87(2) may assign new numbers to the interests resulting from the division of the interest.

• Marginal note:Interpretation

  (3) The division of the interest and assignment of new numbers is to be construed as a continuation of the interest and not as the issuance of new interests.

• Definition of “offshore”

  (4) In this section, “offshore” has the same meaning as in section 48.01 of the Canada Oil and Gas Operations Act.

• (c) any institution of the Legislative Assembly or government of Yukon, the Northwest Territories or Nunavut, as the case may be, or

• (i) any institution of the Legislative Assembly or government of Yukon, the Northwest Territories or Nunavut, or

• (a) a law made by the Legislature of Yukon, of the Northwest Territories or for Nunavut, or any instrument made under any such law, or

“federal laws”

« lois fédérales »

“federal laws” includes Acts of Parliament, regulations as defined in section 2 of the Interpretation Act and any other rules of law within the jurisdiction of Parliament, and any provision of those Acts, regulations or rules of law, but does not include laws of the Legislature of Yukon, of the Northwest Territories or for Nunavut;

Marginal note:Territorial lands

• 17. (1) Despite section 3 of the Territorial Lands Act, sections 13 to 16 and 19 of that Act apply in respect of all federal real property in Nunavut.

• Marginal note:Yukon and Northwest Territories

  (1.1) Sections 13 to 16 and 19 of the Territorial Lands Act apply in respect of federal real property in Yukon or the Northwest Territories that is under the administration of a minister or an agent corporation.

• Marginal note:Administration — Minister of Indian Affairs and Northern Development

  (2) If any federal real property in Nunavut or any federal real property that is described in subsection (1.1) is granted in fee simple under this Act, the Minister of Indian Affairs and Northern Development has the administration of any property and rights that are reserved from the grant by virtue of subsection (1) or (1.1).

• Marginal note:Administration — interest other than fee simple

  (3) If an interest — other than the fee simple in that federal real property — that is under the administration of a minister is granted under this Act, that minister retains the administration of the property and rights that are reserved from the grant by virtue of subsection (1) or (1.1).

Marginal note:Restriction

• 4. (1) Despite any other Act of Parliament, the Legislature of Yukon or of the Northwest Territories is, without the approval of the Governor in Council, not to repeal, amend or otherwise render inoperable any provision described in paragraph 3(2)(c).

Marginal note:Certificate as evidence against Her Majesty

• 5. (1) Subject to subsection (2), a law of the Legislature of Yukon, of the Northwest Territories or for Nunavut may provide that a certificate of title granted under it is conclusive evidence in all courts as against Her Majesty, subject to the same exceptions that were contained in the Land Titles Act as it read immediately before it was repealed in respect of the Territory.

“federal laws”

« droit »

“federal laws” includes Acts of Parliament, regulations as defined in subsection 2(1) of the Interpretation Act and any other rules of law within the jurisdiction of Parliament, but does not include laws of the Legislature of Yukon, of the Northwest Territories or for Nunavut;

• Marginal note:Territories

  (1.1) This Part does not apply to

  • (a) public real property that is under the administration and control of the Commissioner of Yukon under the Yukon Act; or

  • (b) public lands that are under the administration and control of the Commissioner of the Northwest Territories under the Northwest Territories Act.

• (c) a member of the legislative assembly of a province;

• (c) a member of the legislative assembly of a province;

• Marginal note:Water licences

  (4) The Minister may issue, amend, renew, suspend or cancel — or approve the assignment of — licences for the use of waters in the expansion area for the purposes of the mining access roads referred to in subsection (2) and, in relation to such licences, subsections 31(3) and 72.03(1), (6) and (7), sections 72.04, 72.1, 72.11, 72.13 and 72.15, subsections 85(1) and (2) and sections 85.1 to 85.3, 86.1 to 87, 89 and 93.2 of the Mackenzie Valley Resource Management Act, the regulations made under that Act and, until they are amended or repealed, the Northwest Territories Waters Regulations apply, with any adaptations that may be necessary, as if the references in those provisions to the federal Minister or the Board were references to the Minister responsible for the Parks Canada Agency and the references in those provisions to an inspector were references to the superintendent of the Park Reserve, a park warden or an enforcement officer designated for the purposes of this subsection.

Saving and Excepting thereout and therefrom, all those lands within Part I, those within the area of Lot 2, Group 859 as shown on Plan 62730MC recorded in the Canada Lands Surveys Records at Ottawa and those described as the Prairie Creek Area being described as follows:

“offence”

« infraction »

“offence” means an offence created by an Act of Parliament or by any regulation, rule, order, by-law or ordinance made under an Act of Parliament other than a law of the Legislature of Yukon, of the Northwest Territories or for Nunavut.

• Marginal note:Exception

  (2) Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Legislature of Yukon, of the Northwest Territories or for Nunavut with powers and functions similar to those of the Board.

“territorial election”

« élection territoriale »

“territorial election” means an election to the Legislative Assembly of Yukon, the Northwest Territories or Nunavut.

Marginal note:Conflict with Agreement or this Act

• 5. (1) In the event of an inconsistency or conflict between the Agreement or this Act, or any regulations made under this Act, and the provisions of any other Act of Parliament, any law of the Legislature of the Northwest Territories, any regulations made under any of those other Acts or laws, or any Tlicho law, then the Agreement or this Act, or regulations made under this Act, as the case may be, prevail to the extent of the inconsistency or conflict.

• (b) the validity or applicability of this Act, the law of the Legislature of the Northwest Territories entitled the Tlicho Land Claims and Self-Government Agreement Act or any Tlicho law,

1. This Order may be cited as the Oaths of Allegiance and Office Order (N.W.T.).

2. The oath of allegiance prescribed by the Oaths of Allegiance Act is the oath of allegiance to be taken and subscribed by the Commissioner of the Northwest Territories.

“penalty”

« pénalité »

“penalty” means an administrative monetary penalty imposed under this Act for a violation;

Marginal note:Principal offences

• 7. (1) Every person is guilty of an offence who

  • (a) contravenes any regulation made under section 5; or

  • (b) fails to comply with any term or condition of a permit issued under such a regulation.

• Marginal note:Punishment

  (1.1) Every person who commits an offence under subsection (1) is liable on summary conviction,

  • (a) for a first offence, to a fine not exceeding $100,000; and

  • (b) for a second or subsequent offence, to a fine not exceeding $200,000.

• Marginal note:Continuing offences

  (2) An offence under subsection (1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.

Marginal note:Offences and punishment — trespassing

• 21. (1) A person who remains on territorial lands, returns to them or assumes any possession or occupancy of them after having been ordered to vacate them under section 20 or after having been removed from them under that section is guilty of an offence and liable on summary conviction

  • (a) for a first offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months, or to both; and

  • (b) for a second or subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

• Marginal note:Continuing offences

  (2) An offence under subsection (1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.

Marginal note:Deeming — subsequent offences

• 31. (1) For the purposes of subsections 7(1.1) and 21(1), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under any Act of Parliament — or any Act of the legislature of a province — that relates to environmental or wildlife conservation or protection.

• Marginal note:Application

  (2) Subsection (1) applies only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under any Act of the legislature of a province.

ADMINISTRATION AND ENFORCEMENT

Marginal note:Designation

• 32. (1) The Minister may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of this Act.

• Marginal note:Certificate of designation

  (2) An enforcement officer is to receive a certificate attesting to their designation and must, on request, present the certificate to any person appearing to be in charge of any place that the enforcement officer enters under subsection 33(1).

Marginal note:Authority to enter

• 33. (1) An enforcement officer may, for a purpose related to verifying compliance with this Act, enter any place in which the enforcement officer has reasonable grounds to believe there is any document, information or other thing to which this Act applies.

• Marginal note:Powers on entry

  (2) The enforcement officer may, for that purpose,

  • (a) examine any document, information or other thing that is in the place and open or cause to be opened any container or other thing;

  • (b) test or cause to be tested anything that is in the place;

  • (c) take samples of anything that is in the place;

  • (d) use, or cause to be used, any computer system in the place to examine any information contained in or available to the system;

  • (e) reproduce, or cause to be reproduced, any information in the form of a printout, or other intelligible output, and remove the printout, or other output, for examination or copying;

  • (f) use, or cause to be used, any copying equipment or means of telecommunication at the place;

  • (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 enforcement officer’s satisfaction or to stop or start an activity;

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

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

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

• Marginal note:Duty to assist

  (3) 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 enforcement officer to perform their functions under this section and must provide any documents or information, and access to any data, that are reasonably required for that purpose.

• Marginal note:Enforcement officer may be accompanied

  (4) The enforcement officer may be accompanied by any other person that they believe is necessary to help them perform their functions under this section.

• Marginal note:Dwelling-place

  (5) An enforcement officer must not enter any place designed to be used and being used as a permanent or temporary private dwelling-place.

Marginal note:Private property

34. An enforcement officer and any person accompanying them may enter private property, other than a dwelling-place, and pass through it in order to gain entry to any place referred to in subsection 33(1).

Marginal note:False or misleading information

• 35. (1) A person must not knowingly make a false or misleading statement or provide false or misleading information, in connection with any matter under this Act, to an enforcement officer who is performing their functions under section 33.

• Marginal note:Obstruction or hindrance

  (2) A person must not obstruct or hinder an enforcement officer who is performing their functions under section 33.

ADMINISTRATIVE MONETARY PENALTIES

Regulations

Marginal note:Regulations

• 36. (1) The Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 37 to 55, including regulations

  • (a) designating as a violation that may be proceeded with in accordance with this Act

    • (i) the contravention of any specified provision of this Act or of its regulations,

    • (ii) the contravention of any order, direction or decision — or of any order, direction or decision of a specified class — made under this Act, or

    • (iii) the failure to comply with a term or condition of any permit or licence — or of any permit or licence of a specified class — issued under this Act;

  • (b) respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation;

  • (c) establishing the form and content of notices of violations;

  • (d) respecting the service of documents required or authorized under this Act, including the manner and proof of service and the circumstances under which documents are considered to be served; and

  • (e) respecting reviews by the Minister in respect of a notice of violation.

• Marginal note:Maximum amount of penalty

  (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for each violation must not be more than $25,000, in the case of an individual, and $100,000 in the case of any other person.

Violations

Marginal note:Who may issue notices

37. Persons who are designated as enforcement officers under section 32 are authorized to issue notices of violation.

Marginal note:Commission of violation

• 38. (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 36(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations.

• Marginal note:Purpose of penalty

  (2) The purpose of the penalty is to promote compliance with this Act and not to punish.

Marginal note:Liability of directors, officers, etc.

39. If a corporation commits a violation, any director, officer or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty in the amount that is determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act.

Marginal note:Proof of violation

40. In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent of the person, whether or not the employee or agent is identified or proceeded against in accordance with this Act.

Marginal note:Issuance and service of notice of violation

• 41. (1) If an enforcement officer believes on reasonable grounds that a person has committed a violation, the enforcement officer may issue a notice of violation and cause it to be served on the person.

• Marginal note:Contents

  (2) The notice of violation must

  • (a) name the person that is believed to have committed the violation;

  • (b) set out the relevant facts surrounding the violation;

  • (c) set out the amount of the penalty;

  • (d) inform the person of their right to request a review with respect to the violation or the amount of the penalty, and of the period within which that right must be exercised;

  • (e) inform the person of the time and manner of paying the penalty; and

  • (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they are considered to have committed the violation and are liable to the penalty.

Rules About Violations

Marginal note:Certain defences not available

• 42. (1) A person named in a notice of violation does not have a defence by reason that the person

  • (a) exercised due diligence to prevent the commission of the violation; or

  • (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

• Marginal note:Common law principles

  (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Marginal note:Continuing violation

43. A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

Marginal note:Violation or offence

• 44. (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act.

• Marginal note:Violations not offences

  (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

Marginal note:Limitation period

45. No notice of violation is to be issued more than two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged violation.

Reviews

Marginal note:Right to request review

46. A person who is served with a notice of violation may — within 30 days after the day on which it is served or within any longer period that is prescribed by the regulations — make a request to the Minister for a review of the amount of the penalty or the facts of the violation, or both.

Marginal note:Correction or cancellation of notice of violation

47. At any time before a request for a review in respect of a notice of violation is received by the Minister, an enforcement officer may cancel the notice of violation or correct an error in it.

Marginal note:Review

48. On receipt of a request for a review in respect of a notice of violation, the Minister shall conduct the review.

Marginal note:Object of review

• 49. (1) The Minister shall determine, as the case may be, whether the amount of the penalty was determined in accordance with the regulations or whether the person committed the violation, or both.

• Marginal note:Determination

  (2) The Minister shall render a determination in writing and cause the person who requested the review to be served with a copy of the determination and the reasons for it.

• Marginal note:Correction of penalty

  (3) If the Minister determines that the amount of the penalty was not determined in accordance with the regulations, the Minister shall correct it.

• Marginal note:Responsibility

  (4) If the Minister determines that the person who requested the review committed the violation, that person is liable to the penalty as set out in the determination.

• Marginal note:Determination final

  (5) A determination made under this section is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.

Marginal note:Burden of proof

50. If the facts of a violation are reviewed, the enforcement officer who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it.

Responsibility

Marginal note:Payment

51. If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.

Marginal note:Failure to act

52. A person that neither pays the penalty within the period set out in the notice of violation — nor requests a review within the period referred to in section 46 — is considered to have committed the violation and is liable to the penalty.

Recovery of Penalties

Marginal note:Debts to Her Majesty

• 53. (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

• Marginal note:Limitation period

  (2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable.

Marginal note:Certificate

• 54. (1) The Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 53(1).

• Marginal note:Registration

  (2) Registration in any court of competent jurisdiction of a certificate of non-payment has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

General

Marginal note:Authenticity of documents

55. In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 41(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

• Marginal note:Mackenzie Valley

  (2) Sections 7.2, 7.3, 10 to 13, 18.1, 20 and 22, paragraphs 23(1)(b) and (2)(b), section 24, subsections 24.3(2) and (3), section 24.6, section 26 except in relation to type A licences, sections 27 to 28.2, subsection 37(2) and sections 44.01 to 44.3 do not apply in respect of the Mackenzie Valley, as defined in section 2 of the Mackenzie Valley Resource Management Act.

Marginal note:Delegation to territorial minister

6. After consultation with the Board, the Minister may, in writing, delegate to the territorial minister any of the Minister’s powers, duties and functions under this Act, either generally or as otherwise provided in the instrument of delegation.

Consultation

Marginal note:Duty to consult

7.2 When, in relation to any matter, a reference is made in this Act to consultation, the duty to consult shall be exercised

• (a) by providing, to the party to be consulted,

  • (i) notice of the matter in sufficient form and detail to allow the party to prepare its views on the matter,

  • (ii) a reasonable period for the party to prepare its views, and

  • (iii) an opportunity to present its views to the party having the duty to consult; and

• (b) by considering, fully and fairly, any views so presented.

Marginal note:Consultation — Act or regulation

7.3 The Minister shall consult with the Gwich’in and Sahtu First Nations, the Tlicho Government, the Inuvialuit Regional Corporation, the territorial minister and the Board with respect to the amendment of this Act or the making or amendment of any regulation under this Act.

INUVIALUIT WATER BOARD

Board Established

Marginal note:Establishment

• 10. (1) The Inuvialuit Water Board is established.

• Marginal note:Capacity

  (2) The Board has, for the purposes of its functions, the capacity, rights, powers and privileges of a natural person.

• Marginal note:Main office

  (3) The main office of the Board shall be at any place that is in the portion of the Inuvialuit Settlement Region located in the Northwest Territories and that is designated by the Governor in Council. If no place is so designated, it shall be at Inuvik.

• Marginal note:Membership

  (4) The Board shall consist of five members appointed by the Minister, including the Chairperson, two members appointed on the nomination of the Inuvialuit Regional Corporation and one member appointed on the nomination of the territorial minister.

Marginal note:Chairperson — nomination by members

• 10.1 (1) The Chairperson of the Board shall be appointed by the Minister from persons nominated by a majority of the members of the Board.

• Marginal note:Chairperson — appointment by Minister

  (2) If a majority of the members of the Board does not nominate a person acceptable to the Minister within a reasonable time, the Minister may appoint any person as Chairperson.

• Marginal note:Absence or incapacity of Chairperson

  (3) The Board may designate a member to act as its Chairperson during the absence or incapacity of the Chairperson or a vacancy in the office of Chairperson, and that person while so acting may exercise the powers and shall perform the duties and functions of the Chairperson.

Marginal note:Powers, duties and functions of Chairperson

10.2 The Chairperson of the Board is its chief executive officer and has the powers, duties and functions prescribed by the rules of the Board.

Marginal note:Quorum

10.3 A quorum of the Board consists of three members, including one of the members appointed on the nomination of the Inuvialuit Regional Corporation and one of the members not so appointed other than the Chairperson.

Marginal note:Alternate members

10.4 The Minister may appoint alternate members to act in the event of the absence or incapacity, or a vacancy in the office, of a member of the Board, including

• (a) one or more persons on the nomination of the Inuvialuit Regional Corporation to act as a member when the absence or incapacity, or vacancy in the office, is in respect of a member who was appointed on such a nomination;

• (b) one or more persons on the nomination of the territorial minister to act as a member when the absence or incapacity, or vacancy in the office, is in respect of a member who was appointed on such a nomination; and

• (c) one or more persons to act when the absence or incapacity, or vacancy in the office, is in respect of a member other than a member referred to in paragraph (a) or (b).

Term of Office

Marginal note:Term of office

• 10.5 (1) Members of the Board and alternate members hold office for a term of three years.

• Marginal note:Reappointment

  (2) Members of the Board and alternate members may be reappointed in the same or another capacity.

• Marginal note:Removal by Minister after consultation

  (3) Members of the Board and alternate members may be removed from office for cause by the Minister, after consultation by the Minister with the Board. If the member or alternate member was appointed on the nomination of the Inuvialuit Regional Corporation or the territorial minister, the Minister shall also consult with the Inuvialuit Regional Corporation or the territorial minister, as the case may be.

Marginal note:Acting after expiry of term

• 10.6 (1) If the Chairperson is of the opinion that it is necessary for a member of the Board to continue to act after the expiry of that member’s term in order for the Board to make a decision in relation to the issuance, renewal, amendment or cancellation of a licence, as the case may be, the Chairperson may request in writing that the Minister authorize the member to act in relation to that matter until 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.

• Marginal note:Request

  (2) A request under subsection (1) shall be made at least two months before the day on which the member’s term expires.

• Marginal note:Deemed acceptance

  (3) If the Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.

Remuneration

Marginal note:Remuneration and expenses — members

• 10.7 (1) Members of the Board are to receive the remuneration determined by the Minister for the exercise of their powers and the performance of their duties and functions and are to be paid the travel and living expenses that are incurred by them while absent from their ordinary place of residence that are consistent with Treasury Board directives for public servants.

• Marginal note:Remuneration and expenses — alternate members

  (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 absent from their ordinary place of residence that are consistent with Treasury Board directives for public servants.

Staff

Marginal note:Employment and remuneration

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

Marginal note:Deemed employment

11.1 The members of the Board, alternate members who attend meetings, training sessions or other events at the request of the Chairperson and employees 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.

Conflict of Interest

Marginal note:Conflict of interest — members and staff

• 11.2 (1) A member of the Board, an employee or an agent, adviser or expert shall not perform their functions in relation to a matter if doing so would place them in a conflict of interest.

• Marginal note:Status or entitlements under Inuvialuit Final Agreement

  (2) A person is not placed in a conflict of interest solely because of any status or entitlement conferred on them under the Inuvialuit Final Agreement.

Immunity

Marginal note:Acts done in good faith

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

OBJECTS AND POWERS OF BOARD

Marginal note:Objects

12. The objects of the Board are to provide for the conservation, development and utilization of waters in a manner that will provide the optimum benefit for all Canadians in general and, in particular, for the residents of the portion of the Inuvialuit Settlement Region located in the Northwest Territories for which the Board is authorized to issue licences.

Marginal note:Approval to issue, renew, amend or cancel licence

18.1 The Board may issue, renew, amend or cancel a licence only with the approval

• (a) in the case of a type A licence, of the Minister; or

• (b) in the case of a type B licence,

  • (i) of the Chairperson of the Board, if no public hearing is held by the Board in connection with the issuance, renewal, amendment or cancellation of the licence, or

  • (ii) of the Minister, if a public hearing is held by the Board in connection with the issuance, renewal, amendment or cancellation of the licence.

Marginal note:Notice — on Board’s initiative

• 23.1 (1) The Board shall give notice of its intention to consider, on its own initiative, the renewal of a licence under subparagraph 18(1)(a)(ii), or the amendment of a condition of a licence under subparagraph 18(1)(b)(ii) or (iii), by publishing a notice in a newspaper of general circulation in the area affected or, if there is not such a newspaper, in any other manner that the Board considers appropriate.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of an application for the amendment of a licence if the Board, with the consent of the Minister, declares the amendment to be required on an emergency basis.

TIME LIMITS

Authority to Act

Marginal note:Authority, etc.

24.1 The failure of the Minister or the Board to exercise a power or perform a duty or function within a time limit under this Act does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise of such a power or performance of such a duty or function.

Decisions by Board and Approvals

Marginal note:Type A licence and type B licence if public hearing held

• 24.2 (1) In the case of an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or in the case when the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 23.1(1).

• Marginal note:Referral to Minister for approval

  (2) If the Board decides to issue, renew or amend the licence, that decision shall be immediately referred to the Minister for approval.

• Marginal note:Decision of Minister and reasons

  (3) The Minister shall, within 45 days after the Board’s decision is referred to him or her, notify the Board whether or not the decision is approved and, if it is not approved, provide written reasons in the notification.

• Marginal note:Extension of time limit

  (4) The Minister may extend that time limit by not more than an additional 45 days, if the Minister notifies the Board of the extension within the first 45 days.

• Marginal note:Absence of decision

  (5) If the Minister does not notify the Board whether or not the decision is approved within the time limit referred to in subsection (3) or (4), whichever is applicable, the Minister is deemed to have given approval.

Marginal note:Other type B licences

• 24.3 (1) In the case of an application for the issuance, renewal or amendment of a type B licence in connection with which no public hearing is held or in the case when the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 23.1(1).

• Marginal note:Referral to Chairperson

  (2) If the Board decides to issue, renew or amend the licence, that decision shall be immediately referred to the Chairperson for his or her approval.

• Marginal note:Chairperson’s decision

  (3) The Chairperson must, without delay after the Board’s decision is referred to him or her, notify the Board whether or not the decision is approved.

Marginal note:Day on which application is made

24.4 An application is considered to be made on the day on which the Board is satisfied that the application is in the form, and contains all of the information, that is prescribed by the regulations.

Excluded Periods

Marginal note:Excluded period

24.5 If the Board requires an applicant or a licensee to provide information or studies, then the period taken by the applicant or licensee, in the Board’s opinion, to provide the required information or studies is not included in the calculation of the time limit under subsection 24.2(1) or 24.3(1) or of an extension of the time limit.

Marginal note:Suspension of time limit

24.6 The Board may suspend the time limit referred to in subsection 24.2(1) or 24.3(1) or the extension of such a limit

• (a) if the proposed use of waters or deposit of waste is part of a development in respect of which an environmental screening, environmental assessment or environmental impact review is required under an Act of Parliament or the Inuvialuit Final Agreement, until the screening, assessment or review is completed;

• (b) if the Board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 14(4), until the applicant satisfies the Board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;

• (c) if the board is not permitted to issue a licence except in accordance with subsection 15.1(1), until the applicant has entered into a compensation agreement under paragraph 15.1(1)(a) or until a determination of compensation has been made under paragraph 15.1(1)(b), as the case may be; or

• (d) if the Board receives notice under subsection 78(1) or 79.2(1) of the Mackenzie Valley Resource Management Act, until the requirements of subsection 78(3) or 79.2(3) of that Act, as the case may be, have been met.

Extensions

Marginal note:Extension of time limit by Minister

• 24.7 (1) The Minister may, at the request of the Board, extend the time limit referred to in subsection 24.2(1) or 24.3(1) by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.

• Marginal note:Extension of time limit by Governor in Council

  (2) The Governor in Council may, by order, on the recommendation of the Minister, further extend, any number of times, the time limit extended under subsection (1).

REPORTS

Marginal note:Annual report

• 28.1 (1) The Board shall, within three months after the end of each fiscal year, submit to the Minister, in the form that the Minister may specify, a report on the activities of the Board in that year, including its financial statements for the year and any other matters that the Minister may specify.

• Marginal note:Publication on Internet

  (2) The Board shall publish the annual report on its Internet site and, if the Board considers it appropriate, make it available by any other means.

COST RECOVERY

Marginal note:Obligation to pay costs

• 28.2 (1) For the Minister to recover costs incurred in relation to the consideration of an application for a licence or for the renewal, amendment or cancellation of a licence, the applicant or a licensee shall pay to the Minister

  • (a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Board or of its members;

  • (b) any costs incurred by the Board for services that are prescribed by the regulations and that are provided to it by a third party; and

  • (c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Minister.

• Marginal note:Debt due to Her Majesty

  (2) The costs and amounts that a person must pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

• Marginal note:Copy of document evidencing permission to be deposited

  (4) A copy of the document evidencing the permission granted by the Minister under subsection (1), certified as such by the Chairperson of the Board, shall be deposited with the registrar or registrars of titles for the land registration district or districts in which the lands affected by the permission are situated.

Marginal note:Principal offences

• 40. (1) Every person is guilty of an offence who

  • (a) contravenes subsection 8(1) or section 9;

  • (b) fails to comply with subsection 8(3); or

  • (c) contravenes or fails to comply with a direction given by an inspector under subsection 37(1).

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable on summary conviction,

  • (a) for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and

  • (b) for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both.

Marginal note:Offences — type A licensees

• 40.1 (1) Every type A licensee is guilty of an offence who

  • (a) contravenes or fails to comply with any condition of the licence, if the contravention or failure to comply does not constitute an offence under section 41; or

  • (b) without reasonable excuse, fails to furnish or maintain security as required under subsection 17(1).

• Marginal note:Punishment

  (2) Every licensee who commits an offence under subsection (1) is liable on summary conviction,

  • (a) for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and

  • (b) for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both.

Marginal note:Offences — type B licensees

• 40.2 (1) Every type B licensee is guilty of an offence who

  • (a) contravenes or fails to comply with any condition of the licence, if the contravention or failure to comply does not constitute an offence under section 41; or

  • (b) without reasonable excuse, fails to furnish or maintain security as required under subsection 17(1).

• Marginal note:Punishment

  (2) Every licensee who commits an offence under subsection (1) is liable on summary conviction,

  • (a) for a first offence, to a fine not exceeding $37,500 or to imprisonment for a term not exceeding six months, or to both; and

  • (b) for a second or subsequent offence, to a fine not exceeding $75,000 or to imprisonment for a term not exceeding six months, or to both.

Marginal note:Continuing offences

40.3 An offence under subsection 40(1), 40.1(1) or 40.2(1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.

Marginal note:Deeming — subsequent offences

• 40.4 (1) For the purposes of subsections 40(2), 40.1(2) and 40.2(2), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under any Act of Parliament — or any Act of the legislature of a province — that relates to environmental or wildlife conservation or protection.

• Marginal note:Application

  (2) Subsection (1) applies only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under any Act of the legislature of a province.

Marginal note:Limitation period or prescription

42. No proceedings in respect of an offence under this Act are to be instituted more than five years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged offence.

Marginal note:Action to enjoin not prejudiced by prosecution

• 43. (1) Despite the fact that a prosecution has been instituted in respect of an offence under subsection 40(1), 40.1(1), or 40.2(1), the Attorney General of Canada may commence and maintain proceedings to enjoin conduct that constitutes an offence under any of those subsections.

ADMINISTRATIVE MONETARY PENALTIES

Regulations

Marginal note:Regulations

• 44.01 (1) The Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 44.02 to 44.3, including regulations

  • (a) designating as a violation that may be proceeded with in accordance with this Act

    • (i) the contravention of any specified provision of this Act or of its regulations,

    • (ii) the contravention of any order, direction or decision — or of any order, direction or decision of a specified class — made or given under this Act, or

    • (iii) the failure to comply with a term or condition of any licence or a term or condition of a specified class of licences;

  • (b) respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation;

  • (c) establishing the form and content of notices of violations;

  • (d) respecting the service of documents required or authorized under this Act, including the manner and proof of service and the circumstances under which documents are considered to be served; and

  • (e) respecting reviews by the Minister in respect of a notice of violation.

• Marginal note:Maximum

  (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for each violation must not be more than $25,000, in the case of an individual, and $100,000 in the case of any other person.

Violations

Marginal note:Who may issue notices

44.02 Persons who are designated as inspectors under section 35 are authorized to issue notices of violation.

Marginal note:Commission of violation

• 44.03 (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 44.01(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations.

• Marginal note:Purpose of penalty

  (2) The purpose of the penalty is to promote compliance with this Act and not to punish.

Marginal note:Liability of directors, officers, agents and mandataries

44.04 If a corporation commits a violation, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty in the amount that is determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act.

Marginal note:Proof of violation

44.05 In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee, or agent or mandatary, of the person, whether or not the employee, agent or mandatary is identified or proceeded against in accordance with this Act.

Marginal note:Issuance and service of notice of violation

• 44.06 (1) If an inspector believes on reasonable grounds that a person has committed a violation, the inspector may issue a notice of violation and cause it to be served on the person.

• Marginal note:Contents

  (2) The notice of violation must

  • (a) name the person that is believed to have committed the violation;

  • (b) set out the relevant facts surrounding the violation;

  • (c) set out the amount of the penalty;

  • (d) inform the person of their right to request a review with respect to the violation or the amount of the penalty and of the period within which that right must be exercised;

  • (e) inform the person of the time and manner of paying the penalty; and

  • (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they are considered to have committed the violation and are liable to the penalty.

• Marginal note:Inspector to provide copy to Board

  (3) The inspector shall, without delay after issuing a notice of violation, provide a copy to the Board.

Rules About Violations

Marginal note:Certain defences not available

• 44.07 (1) A person named in a notice of violation does not have a defence by reason that the person

  • (a) exercised due diligence to prevent the commission of the violation; or

  • (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

• Marginal note:Common law principles

  (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Marginal note:Continuing violation

44.08 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

Marginal note:Violations or offences

• 44.09 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act.

• Marginal note:Violations not offences

  (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

Marginal note:Limitation period or prescription

44.1 No notice of violation is to be issued more than two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged violation.

Reviews

Marginal note:Right to request review

44.11 A person who is served with a notice of violation may — within 30 days after the day on which it is served or within any longer period that is prescribed by the regulations — make a request to the Minister for a review of the amount of the penalty or the facts of the violation, or both.

Marginal note:Correction or cancellation of notice of violation

44.12 At any time before a request for a review in respect of a notice of violation is received by the Minister, an inspector may cancel the notice of violation or correct an error in it.

Marginal note:Review

44.13 On receipt of a request for a review in respect of a notice of violation, the Minister shall conduct the review.

Marginal note:Object of review

• 44.14 (1) The Minister shall determine, as the case may be, whether the amount of the penalty was determined in accordance with the regulations or whether the person committed the violation, or both.

• Marginal note:Determination

  (2) The Minister shall render a determination in writing and cause the person who requested the review to be served with a copy of the determination, with reasons. A copy of the determination, with reasons, shall also be provided without delay to the Board.

• Marginal note:Correction of penalty

  (3) If the Minister determines that the amount of the penalty was not determined in accordance with the regulations, the Minister shall correct it.

• Marginal note:Responsibility

  (4) If the Minister determines that the person who requested the review committed the violation, that person is liable to the penalty as set out in the determination.

• Marginal note:Determination final

  (5) A determination made under this section is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.

Marginal note:Burden of proof

44.15 If the facts of a violation are reviewed, the inspector who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it.

Responsibility

Marginal note:Payment

44.16 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.

Marginal note:Failure to act

44.17 A person that neither pays the penalty within the period set out in the notice of violation — nor requests a review within the period referred to in section 44.11 — is considered to have committed the violation and is liable to the penalty.

Recovery of Penalties

Marginal note:Debts to Her Majesty

• 44.18 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

• Marginal note:Limitation period or prescription

  (2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable.

Marginal note:Certificate

• 44.19 (1) The Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 44.18(1).

• Marginal note:Registration

  (2) Registration of a certificate of non-payment in any court of competent jurisdiction has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

General

Marginal note:Authenticity of documents

44.2 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 44.06(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

Marginal note:Publication

44.3 The Board may, subject to any regulations, make public the nature of a violation, the name of the person who committed it and the amount of the penalty.

• Marginal note:Licenses

  (3) Sections 40.1 and 40.2 of this Act do not apply in respect of any condition of a licence referred to in subsection (1)

• Marginal note:Northwest Territories Waters Act

  (4) Despite subsection (1), sections 7.2, 7.3, 10 to 13, 18.1, 20 and 22, paragraphs 23(1)(b) and (2)(b), section 24, subsections 24.3(2) and (3), section 24.6, section 26 except in relation to type A licences under that Act, sections 27 to 28.2, subsection 37(2) and sections 44.01 to 44.3 of the Northwest Territories Waters Act do not apply in respect of a management area.

“deposit of waste”

« dépôt de déchets »

“deposit of waste” means a deposit of waste in any waters in the Mackenzie Valley or in any other place under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter any waters in the Mackenzie Valley.

“territorial law”

« règle de droit territoriale »

“territorial law” means any law of the Legislature of the Northwest Territories.

Marginal note:Delegation

• 4. (1) The federal Minister may delegate, in writing, any of his or her powers, duties 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.

Marginal note:Application to Her Majesty

7. This Act is binding on Her Majesty in right of Canada or a province, except that Her Majesty in right of Canada is not required to pay any fee prescribed by regulations made under paragraph 90.3(1)(k) or subparagraph 90.3(2)(a)(i).

Marginal note:Waters vested in Her Majesty

7.1 Subject to any rights, powers or privileges granted or preserved under the Dominion Water Power Act, the property in and the right to the use and flow of all waters are vested in Her Majesty in right of Canada.

Marginal note:Other Acts, etc., to be complied with

7.2 For greater certainty, nothing in this Act, the regulations or a licence or permit, as defined in section 51, authorizes a person to contravene or fail to comply with any other Act or any regulation or order made under it, except as provided in that other Act, regulation or order.

Marginal note:Other Acts, etc., to be complied with

7.2 For greater certainty, nothing in this Act, the regulations, a licence or permit, as defined in section 51, or a development certificate issued under section 131.3 or 137.4 or an amended certificate issued under subsection 142.21(17) authorizes a person to contravene or fail to comply with any other Act or any regulation or order made under it, except as provided in that other Act, regulation or order.

Definition of “board”

9. In this Part, “board” means any board established or continued by this Act.

Marginal note:Appointment of members by federal Minister

• 11. (1) The members of a board — other than the chairperson, any member appointed under a determination under section 15 and the member appointed by the Tlicho Government under paragraph 54(2)(d) or in accordance with an agreement referred to in that paragraph — shall be appointed by the federal Minister in accordance with Parts 2 to 5.

• Marginal note:Alternate members

  (2) The federal Minister may appoint

  • (a) alternate members selected from persons nominated for that purpose by a first nation, or selected following consultation with first nations, to act in the event of the absence or incapacity of members appointed on such nomination or following such consultation, respectively; and

  • (b) alternate members agreed to by the territorial Minister to act in the event of the absence or incapacity of members other than members referred to in paragraph (a).

Marginal note:Chairperson

• 12. (1) Except in the case of the Mackenzie Valley Land and Water Board, the chairperson of a board shall be appointed by the federal Minister from persons nominated by a majority of the members.

• Marginal note:Appointment by federal Minister

  (2) Except in the case of the Mackenzie Valley Land and Water Board, if a majority of the members does not nominate a person acceptable to the federal Minister within a reasonable time, the Minister may appoint any person as chairperson of the board.

• Marginal note:Mackenzie Valley Land and Water Board

  (2.1) Subject to subsection 54(3), the chairperson of the Mackenzie Valley Land and Water Board shall be appointed by the federal Minister after the Minister seeks and considers the advice of that Board.

• Marginal note:Exception

  (2.2) Despite subsection (2.1), the federal Minister is not required to seek and consider the advice of the Mackenzie Valley Land and Water Board with respect to the first appointment of a chairperson of that Board after the day on which this subsection comes into force.

• Marginal note:Absence or incapacity of chairperson

  (3) Except in the case of the Mackenzie Valley Land and Water Board, a board may designate a member to act as its chairperson during the absence or incapacity of the chairperson or a vacancy in the office of chairperson, and that person while so acting may exercise the powers and shall perform the duties and functions of the chairperson.

• Marginal note:Absence or incapacity of chairperson — Mackenzie Valley Land and Water Board

  (4) The federal Minister may designate a member to act as chairperson of the Mackenzie Valley Land and Water Board during the absence or incapacity of the chairperson or a vacancy in the office of chairperson, and that person while so acting may exercise the powers and shall perform the duties and functions of the chairperson.

• Marginal note:Removal by Tlicho Government after consultation

  (4) The member of the Mackenzie Valley Land and Water Board who has been appointed by the Tlicho Government may not be removed from office except after consultation by the Tlicho Government with the Board and the federal Minister.

Marginal note:Implementation of right of representation of other aboriginal peoples

15. Despite any provision of this Act respecting members of a board, if an aboriginal people has a right under a land claim agreement to representation on that board in relation to a decision of the board that might affect an area used by that aboriginal people that is outside the board’s area of jurisdiction, the board shall, in accordance with that land claim agreement, determine how to implement that right, so long as the number of members nominated by a first nation, nominated or appointed by the Tlicho Government, as the case may be, or appointed following consultation by the federal Minister with the first nations of the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii and temporarily appointed to implement that right remains equal to the number of other members not including the chairperson.

Marginal note:Remuneration

• 17. (1) Members of a board, including any members appointed in accordance with a determination under section 15, shall be paid the fees or other remuneration that the federal Minister may fix.

Marginal note:Protection from personal liability

20. The members and employees of a board are not liable for anything done or omitted to be done in good faith in the exercise or performance or purported exercise or performance of any powers, duties or functions under this Act.

Marginal note:Audiences

24. L’office peut tenir, outre les audiences dont la tenue est prévue par la présente loi, celles qu’il estime utiles à l’exercice de ses attributions.

Marginal note:Coordination des activités de l’office

24.1 L’office veille à coordonner ses activités, y compris ses audiences, avec celles des organismes suivants :

Marginal note:Judicial powers of a board

25. In proceedings before a board continued under Part 3 or established under Part 5, the board has the powers, rights and privileges of a superior court with respect to the attendance and examination of witnesses and the production and inspection of documents.

Marginal note:Exclusive original jurisdiction

32. Despite section 18 of the Federal Courts Act, the Supreme Court of the Northwest Territories has exclusive original jurisdiction to hear and determine an application for any relief against a board by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition by the Attorney General of Canada, the Attorney General of the Northwest Territories or anyone directly affected by the matter in respect of which relief is sought.

• Marginal note:Audiences publiques

  (2) L’office peut tenir des audiences publiques au sujet du plan qu’il entend adopter; il publie, dans la région désignée et dans toute région désignée avoisinante de la vallée du Mackenzie, un avis indiquant les lieux, dates et heures des séances ainsi que la procédure qui y sera suivie.

Policy Directions

Marginal note:Minister’s policy directions to board

• 50.1 (1) The federal Minister may, after consultation with a planning board, give written policy directions that are binding on the planning board with respect to the exercise of any of its functions under this Act.

• Marginal note:Limitation

  (2) Policy directions do not apply in respect of an application referred to in paragraph 44(b), a referral or application under subsection 47(1) or a proposed amendment to a land use plan under subsection 48(1) that, at the time the directions are given, is before the planning board.

• Marginal note:Conflict

  (3) If there is a conflict between the policy directions given under this section and the provisions of any Act of Parliament, any regulations made under an Act of Parliament or any territorial law, those provisions prevail to the extent of the conflict.

Marginal note:National parks and historic sites

• 52. (1) This Part, except sections 78, 79, 79.2 and 79.3, does not apply in respect of the use of land or waters or the deposit of waste within a park or park reserve to which the Canada National Parks Act applies or within lands acquired under the Historic Sites and Monuments Act.

• Marginal note:Consultation with Board

  (2) Despite subsection (1), an authority responsible for authorizing uses of land or waters or deposits of waste in a portion of the Mackenzie Valley that is excluded by that subsection from the application of this Part shall consult the Board before authorizing any such use or deposit.

• Marginal note:Consultation with authority

  (3) The Board shall consult a responsible authority referred to in subsection (2) before issuing a licence, permit or other authorization for a use of land or waters or a deposit of waste that may have an effect in the portion of the Mackenzie Valley in which the authority is responsible.

• Marginal note:Agreement

  (2) The Board and the territorial Minister shall, in consultation with each local government, jointly determine the extent to which the local government regulates the use of land within its boundaries for the purposes of subsection (1).

• Marginal note:Dissemination

  (3) Every determination made under subsection (2) shall be made available to the public at the main office of the Board and that of the local government.

Mackenzie Valley Land and Water Board

Marginal note:Board continued

• 54. (1) The Mackenzie Valley Land and Water Board is continued.

• Marginal note:Membership

  (2) The Board shall consist of 11 members, including

  • (a) a chairperson;

  • (b) one member appointed on the nomination of the Gwich’in First Nation;

  • (c) one member appointed on the nomination of the Sahtu First Nation;

  • (d) one member appointed by the Tlicho Government, subject to any agreement between the Tlicho Government and an aboriginal people of Canada, other than the Tlicho First Nation, to whom section 35 of the Constitution Act, 1982 applies;

  • (e) two members appointed following consultation by the federal Minister with the first nations of the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii; and

  • (f) two members appointed on the nomination of the territorial Minister.

• Marginal note:Consultation

  (3) The federal Minister and the Tlicho Government shall consult each other before making their appointments to the Board.

• Marginal note:Quorum

  (4) A quorum of the Board consists of five members.

Marginal note:Main office

55. The main office of the Board shall be at Yellowknife or at another place in the Mackenzie Valley that is designated by the Governor in Council.

Marginal note:Chairperson may designate

• 56. (1) The chairperson shall designate three Board members — including at least one member appointed under any of paragraphs 54(2)(b) to (e), and at least one member not so appointed — to dispose of an application made to the Board in respect of a licence, permit or other authorization for the use of land or waters or the deposit of waste.

• Marginal note:Additional members

  (2) If the chairperson is of the opinion that it is necessary, the chairperson may designate additional Board members to dispose of the application under subsection (1).

• Marginal note:Member — application relating to region of Mackenzie Valley

  (3) For the purposes of subsections (1) and (2), the chairperson shall, if it is reasonable to do so, designate,

  • (a) in the case of an application relating to the area described in appendix A to the Gwich’in Agreement, the member appointed under paragraph 54(2)(b);

  • (b) in the case of an application relating to the area described in appendix A to the Sahtu Agreement, the member appointed under paragraph 54(2)(c);

  • (c) in the case of an application relating to Wekeezhii, the member appointed under paragraph 54(2)(d); or

  • (d) in the case of an application relating to the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii, at least one of the members appointed under paragraph 54(2)(e).

• Marginal note:Majority — decision of Board

  (4) A decision with respect to the application, made by a majority of the members so designated, is considered to be a decision of the Board.

Marginal note:Acting after expiry of term

• 57. (1) If the chairperson is of the opinion that it is necessary for a member of the Board to continue to act after the expiry of that member’s term in order for the Board to make a decision in relation to the issuance, amendment, renewal or cancellation of a permit or licence, as the case may be, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that matter until 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.

• Marginal note:Request

  (2) The request shall be made at least two months before the day on which the member’s term expires.

• Marginal note:Deemed acceptance

  (3) If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.

Marginal note:Objectives — Board

58. The Board shall regulate the use of land and waters and the deposit of waste so as to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit for present and future residents of the Mackenzie Valley in particular and Canadians generally.

Marginal note:Jurisdiction — land

• 59. (1) The Board has jurisdiction in respect of all uses of land in the Mackenzie Valley for which a permit is required under this Part and may, in accordance with the regulations, issue, amend, renew, suspend and cancel permits and other authorizations for the use of land, and approve the assignment of permits.

• Marginal note:Subsurface rights

  (2) For greater certainty, the Board’s jurisdiction under subsection (1) includes a use of land that is required for the exercise of subsurface rights.

Marginal note:Jurisdiction — water and waste in federal area

• 60. (1) The Board has jurisdiction in respect of all uses of waters and deposits of waste in a federal area in the Mackenzie Valley for which a licence is required under this Part and may, in accordance with the regulations, issue, amend, renew and cancel licences and approve the assignment of licences.

• Marginal note:Jurisdiction — water and waste outside federal area

  (1.1) The Board has jurisdiction in respect of all uses of waters and deposits of waste on lands outside a federal area in the Mackenzie Valley for which a licence is required under any territorial law and may, in accordance with that law,

  • (a) issue, amend, renew, suspend and cancel licences and approve the assignment of licences;

  • (b) include in a licence any conditions it considers appropriate;

  • (c) determine the term of a licence;

  • (d) determine the appropriate compensation to be paid by an applicant for a licence, or by a licensee who applies for an amendment or renewal of their licence, to persons who would be adversely affected by the proposed use of waters or deposit of waste;

  • (e) require an applicant for a licence, a licensee or a prospective assignee of a licence to furnish and maintain security; and

  • (f) on the request of a person who is subject to an order made by an inspector, review that order and confirm, vary or revoke it.

• Marginal note:Suspension power

  (2) The Board may suspend a licence in respect of a federal area for a specified period or until terms and conditions specified by the Board are complied with, if the licensee contravenes a provision of this Part or a term or condition of the licence.

Marginal note:Considerations

60.1 In exercising its powers, the Board shall consider

• (a) the importance of conservation to the well-being and way of life of the aboriginal peoples of Canada to whom section 35 of the Constitution Act, 1982 applies and who use an area of the Mackenzie Valley; and

• (b) any traditional knowledge and scientific information that is made available to it.

Marginal note:Conformity with land use plan — settlement area

• 61. (1) The Board is not permitted to issue, amend or renew a licence, permit or other authorization that applies with respect to a settlement area except in accordance with an applicable land use plan under Part 2.

• Marginal note:Conformity with land use plan — Wekeezhii

  (2) The Board is not permitted to issue, amend or renew a licence, permit or other authorization that applies with respect to Wekeezhii except in accordance with any land use plan, established under a federal, territorial or Tlicho law, that is applicable to any part of Wekeezhii.

Marginal note:Conformity with Tlicho laws

61.1 The Board is not permitted to exercise its discretionary powers relating to the use of Tlicho lands except in accordance with any Tlicho laws enacted under 7.4.2 of chapter 7 of the Tlicho Agreement.

Marginal note:Requirements of Part 5

62. The Board is not permitted to issue a licence, permit or other authorization for the carrying out of a proposed development within the meaning of Part 5 unless the requirements of that Part have been complied with, and every licence, permit or authorization so issued shall include any conditions that are required to be included in it under a decision made under that Part.

Marginal note:Copies of applications

• 63. (1) The Board shall provide a copy of each application made to the Board for a licence or permit to the owner of any land to which the application relates and to appropriate departments and agencies of the federal and territorial governments.

• Marginal note:Notice to communities and first nations

  (2) The Board shall notify affected communities and first nations of an application made to the Board for a licence, permit or other authorization and allow a reasonable period of time for them to make representations to the Board with respect to the application.

• Marginal note:Notice to Tlicho Government

  (3) The Board shall notify the Tlicho Government of an application made to the Board for a licence, permit or other authorization for the use of land or waters or the deposit of waste in Wekeezhii and allow a reasonable period of time for it to make representations to the Board with respect to the application.

• Marginal note:Consultation with Tlicho Government

  (4) The Board shall consult the Tlicho Government before issuing, amending or renewing any licence, permit or other authorization for a use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters.

Marginal note:Heritage resources

• 64. (1) The Board shall seek and consider the advice of any affected first nation — and, with respect to Wekeezhii, the Tlicho Government — and any appropriate department or agency of the federal or territorial government respecting the presence of heritage resources that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.

• Marginal note:Wildlife resources

  (2) The Board shall, with respect to a settlement area or Wekeezhii, seek and consider the advice of the renewable resources board established by the applicable land claim agreement respecting the presence of wildlife and wildlife habitat that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.

Marginal note:Guidelines and policies — permits

• 65. (1) Subject to the regulations, the Board may establish guidelines and policies respecting permits and other authorizations, including their issuance under this Part.

• Marginal note:Guidelines and policies — licences

  (2) Subject to the regulations and any territorial law, the Board may establish guidelines and policies respecting licences, including their issuance under this Part.

Marginal note:Copies of licences and permits

66. The Board shall provide the federal Minister with copies of licences, permits and other authorizations issued under this Part and of decisions and orders relating to them.

Marginal note:Final decision

67. Subject to sections 32 and 72.13, or any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of the Board is final and binding.

Marginal note:Public register

• 68. (1) The Board shall maintain at its main office, in any form that is prescribed by the regulations, a register convenient for use by the public in which shall be entered, for each application received and each licence or permit issued, the information prescribed by the regulations.

• Marginal note:Register to be open to inspection

  (2) The register shall be open to inspection by any person during the Board’s normal business hours, subject to the payment of any fee prescribed by the regulations.

• Marginal note:Copies of contents of register

  (3) The Board shall, on request and on payment of any fee prescribed by the regulations, make available copies of information contained in the register.

Cost Recovery

Marginal note:Obligation to pay costs

• 68.1 (1) For the federal Minister to recover costs incurred in relation to the consideration of an application for a licence or for the amendment, renewal or cancellation of a licence, the applicant or a licensee shall pay to the federal Minister

  • (a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Board or of its members;

  • (b) any costs incurred by the Board for services that are prescribed by the regulations and that are provided to it by a third party; and

  • (c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister.

• Marginal note:Debt due to Her Majesty

  (2) The costs and amounts that a person is to pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

• Marginal note:Excluded period

  (3.2) If a licence relates to a proposed development that is, under Part 5, subject to an environmental assessment, an environmental impact review or an examination of impacts on the environment that stands in lieu of an environmental impact review, then the period that is taken to complete that assessment, review or examination is not included in the calculation of the time limit under subsection 24.2(1) or 24.3(1) of the Northwest Territories Waters Act or of its extension.

• Marginal note:Suspension of time limit

  (3.3) A board may suspend a time limit referred to in subsection 24.2(1) or 24.3(1) of the Northwest Territories Waters Act or the extension of such a limit

  • (a) if the board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 14(4) of that Act, until the applicant satisfies the board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;

  • (b) if the board is not permitted to issue a licence except in accordance with subsection 15.1(1) of that Act, until the applicant has entered into a compensation agreement under paragraph 15.1(1)(a) of that Act or until a determination of compensation has been made under paragraph 15.1(1)(b) of that Act, as the case may be; or

  • (c) if the board determines that the applicant is required to enter into a compensation agreement under section 77 or 79.1, until the applicant satisfies the board that they have done so or the board has determined, under section 79 or 79.3, the compensation payable by the applicant.

Marginal note:Jurisdiction — water and waste in federal area

• 60. (1) A board has jurisdiction in respect of all uses of waters and deposits of waste in a federal area in its management area for which a licence is required under this Part and may, in accordance with the regulations, issue, amend, renew and cancel licences and approve the assignment of licences.

• Marginal note:Jurisdiction — water and waste outside federal area

  (1.1) A board has jurisdiction in respect of all uses of waters and deposits of waste on lands outside a federal area in its management area for which a licence is required under any territorial law and may, in accordance with that law,

  • (a) issue, amend, renew, suspend and cancel licences and approve the assignment of licences;

  • (b) include in a licence any conditions it considers appropriate;

  • (c) determine the term of a licence;

  • (d) determine the appropriate compensation to be paid by an applicant for a licence, or by a licensee who applies for an amendment or renewal of their licence, to persons who would be adversely affected by the proposed use of waters or deposit of waste;

  • (e) require an applicant for a licence, a licensee or a prospective assignee of a licence to furnish and maintain security; and

  • (f) on the request of a person who is subject to an order made by an inspector, review that order and confirm, vary or revoke it.

• Marginal note:Suspension power

  (2) A board may suspend a licence in respect of a federal area for a specified period, or until terms and conditions specified by it are complied with, if the licensee contravenes a provision of this Part or a term or condition of the licence.

Marginal note:Guidelines and policies — permits

• 65. (1) Subject to the regulations, a board may establish guidelines and policies respecting permits and other authorizations, including their issuance under this Part.

• Marginal note:Guidelines and policies — licences

  (2) Subject to the regulations and any territorial law, a board may establish guidelines and policies respecting licences, including their issuance under this Part.

Marginal note:Delegation to staff

70. The Board may, by instrument of delegation, specify permits from among a class prescribed by the regulations that an employee of the Board named in the instrument may issue, amend or renew and whose assignment the employee may approve.

Marginal note:Furnishing security

• 71. (1) The Board may require, as a condition of a permit or as a condition of the assignment of a permit, that security be furnished to the federal Minister in a form prescribed by the regulations or a form satisfactory to the federal Minister and in an amount specified in, or determined in accordance with, the regulations.

• Marginal note:Notice

  (2) The federal Minister shall notify the Board of the furnishing of security so required.

• Marginal note:Application of security

  (3) If damage to lands results from a permittee’s contravention of any provision of the regulations or a permit, the Board may request of the federal Minister that all or part of the security furnished by the permittee be applied toward the costs incurred in repairing the damage.

Special Rules for the Use of Waters and the Deposit of Waste

Prohibitions

Marginal note:Use of waters

• 72. (1) Except as authorized under the Dominion Water Power Act, and subject to subsection (2), no person shall use, or permit the use of, waters in a federal area within a water management area except

  • (a) in accordance with the conditions of a licence; or

  • (b) as authorized by regulations made under paragraph 90.3(1)(m).

• Marginal note:Exemptions from application of subsection (1)

  (2) Subsection (1) does not apply in respect of the use of waters

  • (a) by a domestic user;

  • (b) by an instream user; or

  • (c) for the purpose of extinguishing a fire or, in an emergency, controlling or preventing a flood.

• Marginal note:Duties in certain cases

  (3) If any person diverts waters for a purpose set out in paragraph (2)(c), the person shall, when the need for the diversion has ceased, discontinue the diversion and, in so far as possible, restore the original channel conditions.

Marginal note:Deposit of waste

• 72.01 (1) Except in accordance with the conditions of a licence or as authorized by regulations made under paragraph 90.3(1)(n), no person shall, subject to subsection (2), deposit or permit the deposit of waste in a federal area

  • (a) in any waters in a water management area; or

  • (b) in any other place under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter any waters in a water management area.

• Marginal note:Exception

  (2) Subsection (1) does not apply to the deposit of waste in waters that form part of a water quality management area designated under the Canada Water Act if the waste so deposited is of a type and quantity, and deposited under conditions, prescribed by regulations made by the Governor in Council under paragraph 18(2)(a) of that Act with respect to that water quality management area.

• Marginal note:Duty to report unlawful deposits of waste

  (3) If waste is deposited in contravention of this section, every person who owns the waste or has the charge, management or control of it — or who caused or contributed to the deposit — shall, without delay, in accordance with the regulations, if any, made under paragraph 90.3(1)(o), report the deposit to the person or authority designated under that paragraph or, if no such person or authority has been designated, to an inspector designated under subsection 84(1).

Marginal note:Exemption — Tlicho communities

72.02 Sections 72 and 72.01 do not apply in respect of a use of waters or a deposit of waste in a Tlicho community if the local government of that community has enacted a bylaw providing that a licence is not required for that type of use or deposit.

Licences

Marginal note:Issuance

• 72.03 (1) Subject to this section, a board may issue, in accordance with the criteria set out in the regulations made under paragraph 90.3(1)(c), type A licences and type B licences permitting the applicant for the licence, on payment of the fees prescribed by regulations made under paragraph 90.3(1)(k), at the times and in the manner prescribed by any applicable regulations made under paragraph 90.3(1)(l) or, in the absence of such regulations, at the times and in the manner set out in the licence, to use waters or deposit waste, or both, in a federal area in connection with the operation of an appurtenant undertaking and in accordance with the conditions specified in the licence.

• Marginal note:Term

  (2) A licence issued under subsection (1) may be issued for a term

  • (a) of not more than 25 years, in the case of a type A licence that is in respect of a class of undertakings prescribed by the regulations or a type B licence; or

  • (b) of not more than the anticipated duration of the appurtenant undertaking, in the case of a type A licence other than one described in paragraph (a).

• Marginal note:Specific uses

  (3) The board shall not issue a licence in respect of a use of waters referred to in subsection 72(2).

• Marginal note:Refusal to issue

  (4) The board shall not refuse to issue a licence merely because the use of waters or deposit of waste in respect of which the application for the licence is made is already authorized by regulations made under paragraph 90.3(1)(m) or (n).

• Marginal note:Conditions for issue

  (5) The board shall not issue a licence in respect of a federal area unless the applicant satisfies the board that

  • (a) either

    • (i) the use of waters or the deposit of waste proposed by the applicant would not adversely affect, in a significant way, the use of waters, whether in or outside the federal area to which the application relates,

      • (A) by any existing licensee who holds a licence issued under this Act or any other licence relating to the use of waters or deposit of waste, or both, issued under any territorial law or the Nunavut Waters and Nunavut Surface Rights Tribunal Act, or

      • (B) by any other applicant whose proposed use of waters would take precedence over the applicant’s proposed use by virtue of section 72.26 or any territorial law, or

    • (ii) every licensee and applicant to whom subparagraph (i) applies has entered into a compensation agreement with the applicant;

  • (b) compensation that the board considers appropriate has been or will be paid by the applicant to any other applicant who is described in clause (a)(i)(B) but to whom paragraph (a) does not apply, and to any of the following who were licensees, users, depositors, owners, occupiers or holders, whether in or outside the federal area to which the application relates, at the time when the applicant filed an application with the board in accordance with the regulations made under paragraphs 90.3(1)(d) and (e), who would be adversely affected by the use of waters or the deposit of waste proposed by the applicant, and who have notified the board within the time period stipulated in the notice of the application given under subsection 72.16(1):

    • (i) licensees who hold a licence issued under this Act or any other licence relating to the use of waters or deposit of waste, or both, issued under any territorial law or the Nunavut Waters and Nunavut Surface Rights Tribunal Act and to whom paragraph (a) does not apply,

    • (ii) domestic users,

    • (iii) instream users,

    • (iv) authorized users,

    • (v) authorized waste depositors,

    • (vi) persons who use waters or deposit waste, or both, without a licence under the authority of any territorial law,

    • (vii) persons referred to in paragraph 61(d) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act,

    • (viii) owners of property,

    • (ix) occupiers of property, and

    • (x) holders of outfitting concessions, registered trapline holders, and holders of other rights of a similar nature;

  • (c) any waste that would be produced by the appurtenant undertaking will be treated and disposed of in a manner that is appropriate for the maintenance of

    • (i) water quality standards prescribed by regulations made under paragraph 90.3(1)(h) or, in the absence of such regulations, any water quality standards that the board considers acceptable, and

    • (ii) effluent standards prescribed by regulations made under paragraph 90.3(1)(i) or, in the absence of such regulations, any effluent standards that the board considers acceptable; and

  • (d) the financial responsibility of the applicant, taking into account the applicant’s past performance, is adequate for

    • (i) the completion of the appurtenant undertaking,

    • (ii) any mitigative measures that may be required, and

    • (iii) the satisfactory maintenance and restoration of the site in the event of any future closing or abandonment of that undertaking.

• Marginal note:Factors in determining compensation

  (6) In determining the compensation that is appropriate for the purpose of paragraph (5)(b), the board shall consider all relevant factors, including

  • (a) provable loss or damage;

  • (b) potential loss or damage;

  • (c) the extent and duration of the adverse effect, including the incremental adverse effect;

  • (d) the extent of the use of waters by persons who would be adversely affected; and

  • (e) nuisance, inconvenience and noise.

Marginal note:Conditions

• 72.04 (1) Subject to this Act and its regulations, a board may include in a licence in respect of a federal area any conditions that it considers appropriate, including conditions

  • (a) relating to the manner of use of waters permitted to be used under the licence;

  • (b) relating to the quantity, concentration and types of waste that may be deposited in any waters by the licensee;

  • (c) under which any such waste may be so deposited;

  • (d) relating to studies to be undertaken, works to be constructed, plans to be submitted, and monitoring programs to be undertaken; and

  • (e) relating to any future closing or abandonment of the appurtenant undertaking.

• Marginal note:Board to minimize adverse effects

  (2) In fixing the conditions of a licence in respect of a federal area, the board shall make all reasonable efforts to minimize any adverse effects of the issuance of the licence on any of the following who would be adversely affected by the use of waters or the deposit of waste proposed by the applicant, and who have notified the board within the time period stipulated in the notice of the application given under subsection 72.16(1), whether they are in or outside the federal area to which the application relates, at the time when the board is considering the fixing of those conditions:

  • (a) licensees who hold a licence in respect of a federal area or in respect of lands outside a federal area;

  • (b) domestic users;

  • (c) instream users;

  • (d) authorized users;

  • (e) authorized waste depositors;

  • (f) persons who use waters or deposit waste, or both, without a licence under the authority of any territorial law;

  • (g) owners of property;

  • (h) occupiers of property; and

  • (i) holders of outfitting concessions, registered trapline holders, and holders of other rights of a similar nature.

• Marginal note:Conditions relating to waste

  (3) If a board issues a licence in respect of a federal area whose waters form part of a water quality management area designated under the Canada Water Act, it is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of the regulations made under paragraph 18(2)(a) of that Act with respect to those waters.

• Marginal note:Non-application of regulations under Canada Water Act

  (4) If a board issues a licence in respect of a federal area whose waters do not form part of a water quality management area designated under the Canada Water Act,

  • (a) if any regulations made under paragraph 90.3(1)(h) are in force for those waters, the board is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are not based on the water quality standards prescribed for those waters by those regulations; and

  • (b) if any regulations made under paragraph 90.3(1)(i) are in force for those waters, the board is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the effluent standards prescribed in relation to those waters by those regulations.

• Marginal note:Application of Fisheries Act

  (5) If a board issues a licence in respect of a federal area whose waters do not form part of a water quality management area designated under the Canada Water Act, and to which any regulations made under subsection 36(5) of the Fisheries Act apply, it is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of those regulations that relate to the deposit of deleterious substances as defined in subsection 34(1) of that Act.

• Marginal note:Conditions relating to works

  (6) The board shall include in a licence in respect of a federal area conditions that are at least as stringent as any applicable standards prescribed by any regulations made under paragraph 90.3(1)(j).

• Marginal note:Licence conditions deemed amended

  (7) If regulations referred to in subsection (3), (4), (5) or (6) are made or amended after the issuance of a licence in respect of a federal area, the conditions of the licence are deemed to be amended to the extent, if any, that is necessary to comply, or remain in compliance, with that subsection.

Marginal note:Inuit-owned land

• 72.05 (1) A board shall not issue a licence in respect of a use of waters or a deposit of waste in a federal area that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, unless

  • (a) the applicant has entered into an agreement with the designated Inuit organization to pay compensation for any loss or damage that may be caused by the alteration; or

  • (b) if there is no agreement,

    • (i) on the request of the applicant or the designated Inuit organization, the board has made a joint determination of the appropriate compensation with the Nunavut Water Board, or

    • (ii) if the board and the Nunavut Water Board are unable to jointly determine compensation, a judge of the Nunavut Court of Justice has determined the compensation.

• Marginal note:Payment of compensation

  (2) The payment of compensation referred to in paragraph (1)(b) shall be a condition of the licence.

• Marginal note:Costs

  (3) Unless otherwise determined by the Nunavut Water Board, costs incurred by the designated Inuit organization as a result of a request referred to in subparagraph (1)(b)(i) shall be paid by the applicant.

Marginal note:Negotiation to be in good faith

72.06 A board shall not consider a request referred to in subparagraph 72.05(1)(b)(i) unless the requester has negotiated in good faith and has been unable to reach an agreement.

Marginal note:Factors in determining compensation

72.07 For the purpose of determining compensation under paragraph 72.05(1)(b), the following factors shall be taken into account:

• (a) the adverse effects of the alteration of the quality, quantity or flow of waters on Inuit-owned land;

• (b) the nuisance, inconvenience or disturbance, including noise, caused by the alteration;

• (c) the cumulative adverse effects of the alteration and of any existing uses of waters and deposits of waste;

• (d) the cultural attachment of Inuit to the affected Inuit-owned land, including waters;

• (e) the peculiar and special value of the affected Inuit-owned land, including waters; and

• (f) any interference with Inuit rights derived from the Agreement or otherwise.

Marginal note:Periodic review and payment

72.08 Unless otherwise agreed by the designated Inuit organization and the applicant, a determination of compensation made under paragraph 72.05(1)(b) shall provide, having due regard to the nature and duration of the use of waters or deposit of waste, for the periodic review and periodic payment of that compensation.

Marginal note:Interpretation

• 72.09 (1) In this section and sections 72.05 to 72.08,

  • (a) “Agreement”, “Inuit”, “Inuit-owned land”, “Makivik” and “Tunngavik” have the same meanings as in subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act; and

  • (b) “designated Inuit organization” means

    • (i) except in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement,

      • (A) Tunngavik, or

      • (B) any organization designated in the public record maintained by Tunngavik under the Agreement as being responsible for the functions described under sections 20.3.1 and 20.4.1 of the Agreement, or

    • (ii) in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, Makivik, acting jointly with the organization determined under subparagraph (i).

• Marginal note:Interpretation

  (2) For greater certainty, sections 72.05 to 72.08 apply in respect of a body of water that delineates a boundary between Inuit-owned land and other land and that body of water is not located entirely on Inuit-owned land.

Marginal note:Application for licence

• 72.1 (1) An application for a licence shall be in the form and contain the information,

  • (a) if the licence is to apply with respect to a federal area, prescribed by the regulations; and

  • (b) if the licence is to apply with respect to lands outside a federal area, required under any territorial law.

• Marginal note:Information and studies

  (2) The board shall require an applicant for a licence to provide the board with the information and studies concerning the use of waters or deposit of waste proposed by the applicant that will enable the board to evaluate any qualitative and quantitative effects of the use or deposit on waters.

Marginal note:Security — federal area

• 72.11 (1) A board may require an applicant for a licence that is to apply with respect to a federal area, a holder of such a licence or a prospective assignee of such a licence to furnish and maintain security with the federal Minister, in an amount specified in, or determined in accordance with, the regulations made under paragraph 90.3(1)(g) and in a form prescribed by those regulations or a form satisfactory to the federal Minister.

• Marginal note:How security may be applied

  (2) The security may be applied by the federal Minister in the following manner:

  • (a) if the federal Minister is satisfied that a person who is entitled to be compensated by a licensee under section 72.27 has taken all reasonable measures to recover compensation from the licensee and has been unsuccessful in that recovery, the security may be applied to compensate that person, either fully or partially; and

  • (b) the security may be applied to reimburse Her Majesty in right of Canada, either fully or partially, for reasonable costs incurred by Her Majesty under subsection 86.2(1) or, subject to subsection (3), subsection 89(1).

• Marginal note:Exception

  (3) Paragraph (2)(b) applies in respect of costs incurred under subsection 89(1) only to the extent that the incurring of those costs was based on subparagraph 89(1)(b)(i).

• Marginal note:Limitation

  (4) The amount of security that the federal Minister may apply under subsection (2) in respect of any particular incident or matter may not exceed in the aggregate the amount of the security referred to in subsection (1).

• Marginal note:Refund of security

  (5) Any portion of the security that, in the federal Minister’s opinion, will not be required under subsection (2) shall be refunded without delay to the licensee or assignor, as the case may be, if the federal Minister is satisfied that

  • (a) the appurtenant undertaking has been permanently closed or permanently abandoned; or

  • (b) the licence has been assigned.

Marginal note:Renewal, amendment and cancellation

• 72.12 (1) Subject to subsections (2) and (3), a board may, in respect of a federal area,

  • (a) renew a licence, if the licensee applies for its renewal or if the renewal appears to the board to be in the public interest, with or without changes to its conditions, for a term

    • (i) of not more than 25 years, in the case of a type A licence that is in respect of a class of undertakings prescribed by the regulations or a type B licence, or

    • (ii) of not more than the anticipated duration of the appurtenant undertaking, in the case of a type A licence other than one described in subparagraph (i);

  • (b) amend, for a specified term or otherwise, any condition of a licence

    • (i) if the licensee applies for its amendment,

    • (ii) if the amendment is required to deal with a water shortage in any water management area, or

    • (iii) in any other case, if the amendment appears to the board to be in the public interest; and

  • (c) cancel a licence

    • (i) if the licensee applies for its cancellation,

    • (ii) if the licensee, for three successive years, fails to exercise their rights under the licence, or

    • (iii) in any other case, if the cancellation appears to the board to be in the public interest.

• Marginal note:Application of certain provisions

  (2) Sections 72.03 to 72.11 apply, with any modifications that the circumstances require, in respect of a renewal of, or an amendment to, a licence.

• Marginal note:Application to cancel licence

  (3) An application to cancel a licence shall be in the form and contain the information that is,

  • (a) if the licence applies with respect to a federal area, prescribed by the regulations; and

  • (b) if the licence applies with respect to lands outside a federal area, required under any territorial law.

Marginal note:Approval to issue, renew, amend or cancel

72.13 A board may issue, renew, amend or cancel — in respect of a federal area or lands outside a federal area — a type A licence, or a type B licence in connection with which a public hearing is held by the board with respect to its issuance, renewal, amendment or cancellation, only with the approval of the federal Minister.

Marginal note:Assignment

• 72.14 (1) Any sale or other disposition of any right, title or interest, of a licensee who holds a licence in respect of a federal area, in an appurtenant undertaking constitutes, without further action by the licensee, an assignment of the licence to the person or persons to whom the sale or other disposition is made if the assignment of the licence was authorized by a board.

• Marginal note:Authorization of assignment

  (2) A board shall authorize the assignment of a licence if it is satisfied that neither the sale or other disposition of any right, title or interest of the licensee in the appurtenant undertaking at the time, in the manner and on the terms and conditions agreed to by the licensee, nor the operation of the appurtenant undertaking by the prospective assignee would be likely to result in a contravention of, or failure to comply with, any condition of the licence or any provision of this Act or the regulations.

• Marginal note:Licence not otherwise assignable

  (3) Except as provided in this section, a licence in respect of a federal area is not assignable.

Public Hearings and Procedure

Marginal note:Optional hearing

• 72.15 (1) If a board is satisfied that it would be in the public interest, it may hold a public hearing in connection with any matter relating to its objects, including, in respect of a federal area or lands outside a federal area,

  • (a) the issuance or renewal of, or an amendment to, a type B licence;

  • (b) an amendment to a type A licence under which neither the use, flow or quality of waters nor the term of the licence would be altered; and

  • (c) the cancellation of a type B licence under subparagraph 72.12(1)(c)(i).

• Marginal note:Mandatory hearing

  (2) Subject to subsection (3), the board shall hold a public hearing if it is considering, in respect of a federal area,

  • (a) the issuance or renewal of a type A licence;

  • (b) an amendment to a type A licence under which the use, flow or quality of waters, or the term of the licence, would be altered;

  • (c) the cancellation of a type A licence under paragraph 72.12(1)(c); or

  • (d) the cancellation of a type B licence under subparagraph 72.12(1)(c)(ii) or (iii).

• Marginal note:Exception

  (3) Subsection (2) does not apply

  • (a) if, after giving notice of a public hearing under section 72.16, the board receives no notification on or before the 10th day before the day of the proposed hearing that any person or body intends to appear and make representations and the applicant or the licensee, as the case may be, consents in writing to the disposition of the matter without a public hearing;

  • (b) if, in the case of a renewal of a type A licence, the licensee has filed with the board an application for renewal in accordance with the regulations made under paragraphs 90.3(1)(d) and (e) and the term of the renewal or renewals granted by the board does not exceed 60 days in the aggregate; or

  • (c) if, in the case of an amendment to a type A licence under which the use, flow or quality of waters would be altered, the board, with the consent of the federal Minister, declares the amendment to be required on an emergency basis.

Marginal note:Notice of applications

• 72.16 (1) Subject to subsection (4), a board shall give notice of each application made to it — in respect of a federal area or lands outside a federal area — by publishing the application in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate.

• Marginal note:Notice of public hearing

  (2) Subject to subsection (4), a board shall give notice of a public hearing to be held by it by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate. The day fixed for the public hearing shall be at least 35 days after the day on which the requirements of this subsection have been met.

• Marginal note:Public hearing not held

  (3) Subject to subsection (4), if a public hearing is not held by a board in connection with an application, the board may not act on the application until at least 10 days after the requirements of subsection (1) have been met.

• Marginal note:Exception

  (4) Subsections (1) to (3) do not apply in respect of an application for the amendment of a licence if a board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.

Marginal note:Notice — federal area

• 72.17 (1) A board shall give notice of its intention to consider, on its own initiative, the renewal of a licence under paragraph 72.12(1)(a), or the amendment of a condition of a licence under subparagraph 72.12(1)(b)(ii) or (iii), by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate.

• Marginal note:Notice — lands outside a federal area

  (2) A board shall give notice of its intention to consider, on its own initiative, the renewal, or the amendment of a condition, of a licence in respect of lands outside a federal area in accordance with any territorial law by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate.

• Marginal note:Exception

  (3) Subsections (1) and (2) do not apply in respect of an application for the amendment of a licence if a board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.

Marginal note:Time limit — type A licence and type B licence

• 72.18 (1) With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(1) or (2).

• Marginal note:Referral to Minister for approval

  (2) If the board decides to issue, renew or amend the licence, that decision shall be immediately referred to the federal Minister for approval.

• Marginal note:Decision of Minister and reasons

  (3) The federal Minister shall, within 45 days after the board’s decision is referred to him or her, notify the board whether or not the decision is approved and, if it is not approved, provide written reasons in the notification.

• Marginal note:Extension of time limit

  (4) The federal Minister may extend the 45-day time limit by not more than an additional 45 days if he or she notifies the board of the extension within the first 45 days.

• Marginal note:Absence of decision

  (5) If the federal Minister does not notify the board whether or not the decision is approved within the time limit referred to in subsection (3) or (4), whichever is applicable, the federal Minister is deemed to have given approval.

Marginal note:Time limit — other type B licences

72.19 With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type B licence in connection with which no public hearing is held or if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(1) or (2).

Marginal note:Time limit — ther licences

72.2 On an application for the issuance, renewal or amendment of a licence in respect of lands outside a federal area — other than a type A or type B licence — or, if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(2).

Marginal note:Day on which application is made

72.21 An application for the issuance, renewal or amendment of a licence is considered to be made on the day on which the board is satisfied that the application is in the form, and contains all of the information,

• (a) if the licence applies with respect to a federal area, prescribed by the regulations; and

• (b) if the licence applies with respect to lands outside a federal area, required under any territorial law.

Marginal note:Excluded period — information or studies

• 72.22 (1) If the board requires the applicant or the licensee to provide information or studies, then the period that is taken by that applicant or licensee, in the board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection 72.18(1), section 72.19 or 72.2 or of its extension.

• Marginal note:Excluded period — environmental assessment, etc.

  (2) If the proposed use of waters or deposit of waste to which the application or the licence relates is part of a proposed development in respect of which an environmental assessment, an environmental impact review or an examination of impacts on the environment that stands in lieu of an environmental impact review is conducted under Part 5, then the period that is taken to complete that assessment, review or examination is not included in the calculation of the time limit under subsection 72.18(1), section 72.19 or 72.2 or of its extension.

Marginal note:Suspension of time limit

72.23 A board may suspend a time limit referred to in subsection 72.18(1) or section 72.19 or 72.2 or its extension

• (a) if the board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 72.03(5), until the applicant satisfies the board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;

• (b) if the board is not permitted to issue a licence except in accordance with subsection 72.05(1), until the applicant has entered into a compensation agreement under paragraph 72.05(1)(a) or until a determination of compensation has been made under paragraph 72.05(1)(b), as the case may be;

• (c) if the board is not permitted to issue a licence with respect to lands outside a federal area except in accordance with any compensation requirement under any territorial law, until the requirement has been fulfilled; or

• (d) if the board determines that the applicant is required to enter into a compensation agreement under section 77 or 79.1, until the applicant satisfies the board that they have done so or the board has determined, under section 79 or 79.3, the compensation payable by the applicant.

Marginal note:Extension of time limit by federal Minister

• 72.24 (1) The federal Minister may, at the request of the board, extend the time limit referred to in subsection 72.18(1), section 72.19 or 72.2 by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.

• Marginal note:Extension of time limit by Governor in Council

  (2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (1) any number of times.

Marginal note:Reasons — decisions and orders

72.25 A board shall issue, and make available to the public, written reasons for its decisions or orders relating to any licence, or any application for a licence, in respect of a federal area or lands outside a federal area.

Rights and Duties of Licensees and Others With Authorizations to Use Waters

Marginal note:Precedence

• 72.26 (1) If more than one person has a licence, or other authorization to use waters issued by any authority responsible for the management of waters in the Northwest Territories or in Nunavut, in respect of a federal area, the person who first applied is entitled to the use of the waters in accordance with that person’s licence or authorization in precedence over the other persons.

• Marginal note:Amendments to a licence or authorization

  (2) Subsection (1) applies, with any modifications that the circumstances require, in respect of any rights a person acquires through an amendment to that person’s licence or authorization.

• Marginal note:Renewal or assignment of a licence or authorization

  (3) Subject to subsection (2), a licence or authorization that has been renewed or assigned shall, for the purposes of this section, be deemed to be a continuation of the original licence or authorization.

Marginal note:Right to sue for compensation

• 72.27 (1) Except as otherwise provided by a compensation agreement referred to in subparagraph 72.03(5)(a)(ii), a person who is adversely affected as a result of the issuance of a licence in respect of a federal area or a use of waters or deposit of waste authorized by regulations made under paragraph 90.3(1)(m) or (n) is entitled to be compensated by the licensee, authorized user or authorized waste depositor in respect of that adverse effect, and may sue for and recover any such compensation in any court of competent jurisdiction.

• Marginal note:Rights protected

  (2) A person is not barred from exercising any rights conferred by subsection (1) merely because of having been paid the compensation referred to in subsection 72.03(5), or because of having been paid compensation under paragraph 72.11(2)(a) or under a compensation agreement referred to in subparagraph 72.03(5)(a)(ii).

Marginal note:Copies of licences

72.28 A board shall provide the territorial Minister with copies of licences issued under this Part and of any decisions and orders relating to such licences.

Marginal note:Negotiation to be in good faith

72.06 The Board shall not consider a request referred to in subparagraph 72.05(1)(b)(i) unless the requester has negotiated in good faith and has been unable to reach an agreement.

• Marginal note:Information and studies

  (2) The Board shall require an applicant for a licence to provide the Board with the information and studies concerning the use of waters or deposit of waste proposed by the applicant that will enable the Board to evaluate any qualitative and quantitative effects of the use or deposit on waters.

Marginal note:Security — federal area

• 72.11 (1) The Board may require an applicant for a licence that is to apply with respect to a federal area, a holder of such a licence or a prospective assignee of such a licence to furnish and maintain security with the federal Minister, in an amount specified in, or determined in accordance with, the regulations made under paragraph 90.3(1)(g) and in a form prescribed by those regulations or a form satisfactory to the federal Minister.

Marginal note:Approval to issue, renew, amend or cancel

72.13 The Board may issue, renew, amend or cancel — in respect of a federal area or lands outside a federal area — a type A licence, or a type B licence in connection with which a public hearing is held by the Board with respect to its issuance, renewal, amendment or cancellation, only with the approval of the federal Minister.

Marginal note:Notice of applications

• 72.16 (1) Subject to subsection (4), the Board shall give notice of each application made to it — in respect of a federal area or lands outside a federal area — by publishing the application in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the Board considers appropriate.

• Marginal note:Notice of public hearing

  (2) Subject to subsection (4), the Board shall give notice of a public hearing to be held by it by publishing a notice in a newspaper of general circulation in the area affected or, if there is not such a newspaper, in any other manner that the Board considers appropriate. The day fixed for the public hearing shall be at least 35 days after the day on which the requirements of this subsection have been met.

• Marginal note:Public hearing not held

  (3) Subject to subsection (4), if a public hearing is not held by the Board in connection with an application, the Board may not act on the application until at least 10 days after the requirements of subsection (1) have been met.

• Marginal note:Exception

  (4) Subsections (1) to (3) do not apply in respect of an application for the amendment of a licence if the Board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.

Marginal note:Notice — Board’s initiative

• 72.17 (1) The Board shall give notice of its intention to consider, on its own initiative, the renewal of a licence under paragraph 72.12(1)(a), or the amendment of a condition of a licence under subparagraph 72.12(1)(b)(ii) or (iii), by publishing a notice in a newspaper of general circulation in the area affected or, if there is not such a newspaper, in any other manner that the Board considers appropriate.

• Marginal note:Notice — lands outside a federal area

  (2) The Board shall give notice of its intention to consider, on its own initiative, the renewal, or the amendment of a condition, of a licence in respect of lands outside a federal area in accordance with any territorial law by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the Board considers appropriate.

• Marginal note:Exception

  (3) Subsections (1) and (2) do not apply in respect of an application for the amendment of a licence if the Board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.

Marginal note:Time limit — type A licence and type B licence

• 72.18 (1) With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or if the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 72.17(1) or (2).

• Marginal note:Referral to Minister for approval

  (2) If the Board decides to issue, renew or amend the licence, that decision shall be immediately referred to the federal Minister for approval.

• Marginal note:Decision of Minister and reasons

  (3) The federal Minister shall, within 45 days after the Board’s decision is referred to him or her, notify the Board whether or not the decision is approved and, if it is not approved, provide written reasons in the notification.

• Marginal note:Extension of time limit

  (4) The federal Minister may extend the 45-day time limit by not more than an additional 45 days if he or she notifies the Board of the extension within the first 45 days.

• Marginal note:Absence of decision

  (5) If the federal Minister does not notify the Board whether or not the decision is approved within the time limit referred to in subsection (3) or (4), whichever is applicable, the federal Minister is deemed to have given approval.

Marginal note:Time limit — other type B licences

72.19 With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type B licence in connection with which no public hearing is held or if the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 72.17(1) or (2).

Marginal note:Time limit — other licences

72.2 On an application for the issuance, renewal or amendment of a licence in respect of lands outside a federal area — other than a type A or type B licence — or, if the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 72.17(2).

Marginal note:Day on which application is made

72.21 An application for the issuance, renewal or amendment of a licence is considered to be made on the day on which the Board is satisfied that the application is in the form, and contains all of the information,

Marginal note:Excluded period — information or studies

• 72.22 (1) If the Board requires the applicant or the licensee to provide information or studies, then the period that is taken by that applicant or licensee, in the Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection 72.18(1), section 72.19 or 72.2 or of its extension.

Marginal note:Suspension of time limit

72.23 The Board may suspend a time limit referred to in subsection 72.18(1) or section 72.19 or 72.2 or its extension

• (a) if the Board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 72.03(5), until the applicant satisfies the Board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;

• (b) if the Board is not permitted to issue a licence except in accordance with subsection 72.05(1), until the applicant has entered into a compensation agreement under paragraph 72.05(1)(a) or until a determination of compensation has been made under paragraph 72.05(1)(b), as the case may be;

• (c) if the Board is not permitted to issue a licence with respect to lands outside a federal area except in accordance with any compensation requirement under any territorial law, until the requirement has been fulfilled; or

• (d) if the Board determines that the applicant is required to enter into a compensation agreement under section 77 or 79.1, until the applicant satisfies the Board that they have done so or the Board has determined, under section 79 or 79.3, the compensation payable by the applicant.

Marginal note:Extension of time limit by federal Minister

• 72.24 (1) The federal Minister may, at the request of the Board, extend the time limit referred to in subsection 72.18(1), section 72.19 or 72.2 by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.

Marginal note:Reasons — decisions and orders

72.25 The Board shall issue, and make available to the public, written reasons for its decisions or orders relating to any licence, or any application for a licence, in respect of a federal area or lands outside a federal area.

Marginal note:Copies of licences

72.28 The Board shall provide the territorial Minister with copies of licences issued under this Part and of any decisions and orders relating to such licences.

Marginal note:Use without licence

• 73. (1) Despite sections 72 and 72.01 or any territorial law, the Gwich’in and Sahtu First Nations have the right to use waters or to deposit waste without a licence for purposes of trapping and non-commercial wildlife harvesting other than trapping, for purposes of transportation related to those activities and for traditional heritage, cultural and spiritual purposes.

• Marginal note:Use without licence — Tlicho citizens

  (2) Despite sections 72 and 72.01 or any territorial law — and subject to any applicable Tlicho laws and, in relation to waters that are on settlement lands, any limitations under the applicable land claim agreement that are of the same type as those that apply in relation to waters on Tlicho lands — Tlicho citizens have the right to use water in the part of Monfwi Gogha De Niitlee that is in the Northwest Territories without a licence, for purposes of wildlife harvesting under 10.1.1 of chapter 10 of the Tlicho Agreement, for purposes of transportation related to such wildlife harvesting and for heritage, cultural or spiritual purposes of the Tlicho First Nation.

Marginal note:Exclusive right

74. Despite section 7.1, the Gwich’in and Sahtu First Nations have the exclusive right to the use of waters when on or flowing through their first nation lands and to the deposit of waste in relation to those waters in accordance with the other provisions of this Part or any territorial law, as the case may be.

Marginal note:Issuance, amendment or renewal of licences, etc.

76. The Board may issue, amend or renew a licence, permit or other authorization if the use of land or waters or the deposit of waste proposed by the applicant would, in the Board’s opinion, interfere with a first nation’s rights under section 75, if the Board is satisfied that

Marginal note:Conditions for licence

77. The Board may issue, amend or renew a licence under section 76 only if

Marginal note:Conditions for licence

79.1 The Board is not permitted to issue, amend or renew a licence for the use of waters or the deposit of waste if, in its opinion, that use or deposit is likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands unless

Marginal note:Application to water authority

• 79.2 (1) The Board shall notify a water authority in writing if the Board determines that a use of waters or a deposit of waste that is proposed, in an application made to the water authority, to be carried out in one of the places set out below would be likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands:

  • (a) Nunavut or an area of the Northwest Territories outside the Mackenzie Valley;

  • (b) a park to which the Canada National Parks Act applies, or lands acquired under the Historic Sites and Monuments Act, in Wekeezhii.

Marginal note:Referral of compensation to Board

• 79.3 (1) If a compensation agreement referred to in paragraph 79.1(b) or 79.2(3)(a), as the case may be, is not entered into, the applicant or the Tlicho Government may, after having participated in mediation under chapter 6 of the Tlicho Agreement, apply to the Board for a determination of compensation.

• Marginal note:Reference to Board

  (4) On application by any person, department, agency or government requesting the supply of, or access to, materials under subsection (1) and after the applicant has participated in mediation under chapter 6 of the Tlicho Agreement, the Board shall

Recommendations

Marginal note:Recommendations to federal Minister

• 83.1 (1) The Board shall, at the request of the federal Minister, make recommendations to the federal Minister with respect to the amendment of this Act or the making or amendment of any instrument under this Act.

• Marginal note:Other recommendations

  (2) The Board may make recommendations to

  • (a) the Minister responsible for any Act of Parliament regarding the use of land or waters or the deposit of waste, with respect to the amendment of that Act or the making or amendment of any instrument under that Act;

  • (b) the territorial Minister with respect to the amendment of territorial laws regarding the use of land or waters or the deposit of waste;

  • (c) a local government with respect to the amendment of bylaws enacted by that government regarding the use of land or waters or the deposit of waste; and

  • (d) the Tlicho Government with respect to the amendment of Tlicho laws regarding the use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters.

Cooperation with Other Authorities

Marginal note:Coordination

83.2 If a use of land or waters or a deposit of waste proposed by an applicant for a licence or permit is likely to have an impact in an area outside the Mackenzie Valley, whether within or outside the Northwest Territories, the Board may consult any government, aboriginal group or other body responsible for the regulation of such uses or deposits in that area and may, with the approval of the federal Minister, hold joint hearings with or enter into agreements with any of them for the coordination of activities and the avoidance of duplication.

Administration and Enforcement

Designation

Marginal note:Designation

• 84. (1) The federal Minister may designate any qualified person, or a class of qualified persons, as an inspector to exercise powers relating to verifying compliance or preventing non-compliance with this Part and orders made under section 86 or 86.1.

• Marginal note:Designation — analyst

  (2) The federal Minister may designate any qualified person as an analyst for the purposes of this Part.

Powers

Marginal note:Authority to enter

• 85. (1) An inspector may, for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 86 or 86.1, enter a place in which they have reasonable grounds to believe that

  • (a) a person is using land;

  • (b) a person is using water or depositing waste in a federal area within a water management area;

  • (c) in a federal area within a water management area a person is constructing any work that, on completion, will form part of an undertaking whose operation will require the use of waters or the deposit of waste, or altering or extending a work that forms part of such an undertaking; or

  • (d) a document or any thing relating to a use or deposit referred to in paragraph (a), (b) or (c) is located.

• Marginal note:Powers on entry

  (2) The inspector 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) take measurements or samples of anything in the place;

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

  • (h) take photographs and make recordings or sketches;

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

  • (j) 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 inspector’s opinion, is necessary;

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

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

• Marginal note:Certificate

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

• Marginal note:Notice

  (4) If an inspector considers it reasonable to do so, an inspector shall give the Gwich’in or Sahtu First Nation prior notice of entry by the inspector on its first nation lands.

• Marginal note:Notice to Tlicho Government

  (5) An inspector shall, if it is reasonable to do so, give the Tlicho Government prior notice of entry by the inspector on Tlicho lands.

Marginal note:Warrant for dwelling-house

• 85.1 (1) If the place referred to in subsection 85(1) is a dwelling-house, the inspector may only enter it with the occupant’s consent or under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspector 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 85(1);

  • (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 86 or 86.1; 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.

Marginal note:Entering private property

• 85.2 (1) For the purpose of gaining entry to a place referred to in subsection 85(1), an inspector 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.

• Marginal note:Person accompanying inspector

  (2) A person may, at the inspector’s request, accompany the inspector to assist them in gaining entry to the place referred to in subsection 85(1) and is not liable for doing so.

Marginal note:Use of force

85.3 In executing a warrant to enter a dwelling-house, an inspector is not permitted to use force unless the use of force has been specifically authorized in the warrant and the inspector is accompanied by a peace officer.

Orders

Marginal note:Inspector’s order — adverse effects of land use

• 86. (1) If an inspector has reasonable grounds to believe that a use of land has resulted in or is likely to result in an adverse effect on the environment, the inspector may, in accordance with the regulations, order the person who is using the land to take any measures that the inspector considers reasonable to mitigate, remedy or prevent the adverse effect.

• Marginal note:Inspector’s order — contravention

  (2) If an inspector has reasonable grounds to believe that a person who is using land is contravening the regulations or the conditions of a permit, the inspector may, in accordance with the regulations, order that person to take any measures that the inspector considers reasonable in order to prevent the contravention from continuing.

• Marginal note:Notice

  (3) An order shall be provided in the form of a written notice and shall include

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

  • (b) the time and manner in which the order is to be carried out.

Marginal note:Remedial measures

• 86.1 (1) Whether or not a report has been made under subsection 72.01(3), an inspector may order a person who is using water or depositing waste in a federal area to take any reasonable measures that the inspector may specify, including the cessation of an activity, to prevent a use of waters, deposit of waste or failure of a work from occurring or to counteract, mitigate or remedy adverse effects of that use, deposit or failure, if an inspector has reasonable grounds to believe

  • (a) that

    • (i) waters have been or may be used in contravention of subsection 72(1) or of a condition of a licence,

    • (ii) waste has been or may be deposited in contravention of subsection 72.01(1) or of a condition of a licence, or

    • (iii) there has been, or may be, a failure of a work related to the use of waters or the deposit of waste, whether or not there has been compliance with any standards prescribed by regulations made under paragraph 90.3(1)(j) and with any standards imposed by a licence; and

  • (b) that a danger to persons, property or the environment results, or may reasonably be expected to result, from the adverse effects of that use, deposit or failure.

• Marginal note:Notice

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

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

  • (b) the time and manner in which the order is to be carried out.

Marginal note:Failure to comply

• 86.2 (1) If a person does not comply with an order made under subsection 86(1) or (2) or section 86.1 within the time specified, the inspector may, on their own initiative, take the measures specified in the order.

• Marginal note:Recovery of Her Majesty’s costs

  (2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada in the taking of measures under subsection (1) constitutes a debt due to Her Majesty recoverable from the person in a court of competent jurisdiction or by recourse to any security furnished under section 71 or 72.11, as the case may be.

Marginal note:Assistance to inspectors

• 87. (1) The owner or person in charge of the place entered under section 85, and every person in it, shall give an inspector all assistance that is reasonably required to enable the inspector to verify compliance or prevent non-compliance with this Part and orders made under section 86 or 86.1, and shall provide any documents, data or information that is reasonably required for that purpose.

• Marginal note:Obstruction

  (2) It is prohibited to knowingly obstruct or hinder an inspector who is exercising their powers or performing their duties and functions under this Act.

• Marginal note:False statements or information

  (3) 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 an inspector who is exercising their powers or performing their duties and functions under this Act.

Marginal note:Review by board

88. A board shall, if so requested by a person who is subject to an order made by an inspector under subsection 86(1) or (2) or section 86.1, review that order without delay and confirm, vary or revoke it.

Marginal note:Work closed or abandoned

• 89. (1) The federal Minister may take any reasonable measures to prevent, counteract, mitigate or remedy any adverse effect, in a federal area, on persons, property or the environment, and for that purpose may enter any place in a federal area, except one that is designed to be used and is being used as a permanent or temporary dwelling-house, if the federal Minister has reasonable grounds to believe that

  • (a) a person has closed or abandoned, temporarily or permanently, a work related to the use of waters or the deposit of waste, and

  • (b) either

    • (i) the person has contravened or failed to comply with any condition of a licence or any provision of this Act or the regulations, whether or not the condition or provision relates to closing or abandonment, or

    • (ii) a danger to persons, property or the environment may result from the past operation of the work or from its closing or abandonment.

• Marginal note:Recovery of Her Majesty’s costs

  (2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada in the taking of measures under subsection (1), to the extent that the incurring of those costs was based on subparagraph (1)(b)(i), constitutes a debt due to Her Majesty recoverable from the person in a court of competent jurisdiction or by recourse to any security furnished under section 72.11.

• Marginal note:Notice to first nation

  (4) An inspector shall, if it is reasonable to do so, give the Gwich’in or Sahtu First Nation prior notice of entry by the inspector on its first nation lands.

Marginal note:Review by Board

88. The Board shall, if so requested by a person who is subject to an order made by an inspector under subsection 86(1) or (2) or section 86.1, review that order without delay and confirm, vary or revoke it.

Marginal note:Regulations respecting cost recovery

90.01 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the Board, make regulations respecting the recovery of amounts and costs for the purposes of section 68.1, including prescribing the amounts and services for the purposes of that section and exempting any class of applicants or licensees from the application of that section.

Marginal note:Regulations respecting consultation

90.02 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the Board, make regulations respecting any consultation with a first nation, the Tlicho First Nation, the Tlicho Government or an aboriginal people who use an area outside the Mackenzie Valley that may occur under this Part, including the manner in which it is to be conducted, and providing for the delegation of certain procedural aspects of such a consultation.

Marginal note:Prohibition — Tlicho lands

90.1 Even if the regulations do not require a permit or other authorization under this Part for a particular use of land, no person shall use Tlicho lands without such a permit or authorization if one is required by a Tlicho law for uses of that type.

Marginal note:Exception

90.2 Despite the regulations, a permit or other authorization under this Part for a particular use of land in a Tlicho community is not required if the local government of that community has enacted a bylaw providing that one is not required for uses of that type.

Marginal note:Exception

90.2 Despite the regulations, a permit or other authorization under Part 3 or 4 for a particular use of land in a Tlicho community is not required if the local government of that community has enacted a bylaw providing that one is not required for uses of that type.

Marginal note:Regulations — federal areas

• 90.3 (1) The Governor in Council may, following consultation by the federal Minister with the Gwich’in and Sahtu First Nations and the Tlicho Government, make regulations respecting the use of waters and the deposit of waste in federal areas and, in particular, may make regulations

  • (a) on the recommendation of the federal Minister and a board,

    • (i) establishing water management areas consisting of river basins or other geo­graph­ical areas, and

    • (ii) classifying purposes of waters use in any water management area;

  • (b) prescribing, for the purposes of paragraphs (b) to (d) of the definition “waste” in section 51,

    • (i) substances and classes of substances,

    • (ii) quantities or concentrations of substances and classes of substances in water, and

    • (iii) treatments, processes and changes of water;

  • (c) setting out the criteria to be applied by a board in determining whether a proposed use of waters or deposit of waste for which a licence is required under this Act requires a type A licence or a type B licence;

  • (d) setting out the procedure to be followed on an application to a board;

  • (e) prescribing the forms to be used for applications to a board, the information to be submitted to a board in connection with any application and the form in which any of that information is to be submitted;

  • (f) prescribing forms, in addition to any forms prescribed under paragraph (e);

  • (g) respecting the amount of the security referred to in subsection 72.11(1), and prescribing the form and conditions of the security, which regulations may empower a board to fix the amount of the security subject to a maximum specified in, or determined in accordance with, those regulations;

  • (h) prescribing water quality standards;

  • (i) prescribing effluent standards;

  • (j) prescribing standards for the design, construction, operation and maintenance of works related to the use of waters or the deposit of waste;

  • (k) prescribing fees to be paid for the right to use waters or deposit waste under a licence;

  • (l) prescribing the times at which and the manner in which fees prescribed under paragraph (k) shall be paid;

  • (m) subject to any order made under subsection 91.1(2), authorizing the use without a licence of waters in a water management area for a purpose or use, in a quantity or at a rate, or for a period, or any combination of purpose, use, quantity, rate or period, specified in the regulations, and prescribing the conditions under which those waters may be used without a licence;

  • (n) subject to any order made under subsection 91.1(2), prescribing quantities, concentrations and types of waste that may be deposited without a licence, and the conditions under which any such waste may be deposited;

  • (o) prescribing the manner in which a report under subsection 72.01(3) is to be made and the information to be contained in it and designating a person or authority, in lieu of an inspector, to whom the report is to be made;

  • (p) requiring persons who use waters or deposit waste in a water management area

    • (i) to maintain books and records for the proper enforcement of this Part, and

    • (ii) to submit to a board, on a regular monthly, quarterly, semi-annual or annual basis, a report on any of their operations to which this Part applies, and specifying the information to be contained in it;

  • (q) requiring persons who deposit waste in a water management area

    • (i) to submit representative samples of the waste to a board for analysis, or

    • (ii) to analyse representative samples of the waste and submit the results of the analysis to a board;

  • (r) respecting the taking of representative samples of waters or waste and respecting the method of analysis of those samples;

  • (s) respecting the duties of persons designated as analysts under subsection 84(2);

  • (t) prescribing anything that is to be prescribed under this Act; and

  • (u) generally, for carrying out the purposes and provisions of this Part.

• Marginal note:Regulations — Mackenzie Valley

  (2) The Governor in Council may, following consultation by the federal Minister with the Gwich’in and Sahtu First Nations and the Tlicho Government, make regulations respecting the use of waters and the deposit of waste in the Mackenzie Valley

  • (a) prescribing fees to be paid

    • (i) for the filing of any application with the board, and

    • (ii) for examination of the register maintained under section 68;

  • (b) prescribing the times at which and the manner in which fees prescribed under paragraph (a) shall be paid; and

  • (c) prescribing the form of the register to be maintained by a board under section 68 and the information to be entered in it.

• Marginal note:Regulations may vary

  (3) Regulations made under subsection (1) may vary according to any criterion or combination of criteria, including the use of waters, the purpose, quantity and rate of that use, and the quantities, concentrations and types of waste deposited.