Mackenzie Valley Resource Management Act (S.C. 1998, c. 25)

Act current to 2014-06-12 and last amended on 2014-04-01. Previous Versions

Orders

Marginal note:Reservation of lands from disposition
  •  (1) The Governor in Council may, by order, reserve from disposition under any enactment relating to the disposition of any lands in a federal area, for a specified period or otherwise, all or any interests in such lands if the interests are, in the opinion of the Governor in Council, required

    • (a) for the protection of any waters; or

    • (b) in connection with any undertaking the development or operation of which is, in the opinion of the Governor in Council, in the public interest and that would require the use of those interests in lands and of waters adjacent to those lands.

  • Marginal note:Reservation of water rights

    (2) The Governor in Council may, by order and for a specified period or otherwise, direct a board not to issue any licence in respect of a federal area relating to any waters specified in the order, or prohibit a use of waters or a deposit of waste that would otherwise be permitted under regulations made under paragraph 90.3(1)(m) or (n), as the case may be,

    • (a) to enable comprehensive evaluation and planning to be carried out with respect to those waters; or

    • (b) if the use and flow of those waters, or the maintenance of the quality of those waters, is required in connection with a particular undertaking whose development is, in the opinion of the Governor in Council, in the public interest.

  • Marginal note:Effect of contravention of order

    (3) A disposition of all or any interests in any lands in a federal area in contravention of an order made under subsection (1), and a licence issued in contravention of an order made under subsection (2), is of no force or effect.

  • 2014, c. 2, s. 185.

Offences and Punishment

Marginal note:Principal offences — land use
  •  (1) Every person who contravenes section 90.1, any provision of regulations made under section 90, any condition of a permit or an order of an inspector under subsection 86(1) or (2) is guilty of an offence and is 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:Reparation

    (2) In addition to the penalty provided by subsection (1), a court that convicts a person of using land without a permit may, taking into account the nature of the offence and the circumstances of its commission, order the person to take any measures that it considers reasonable in order to repair or limit any damage resulting from the act or omission that constituted the offence.

  • (3) [Repealed, 2014, c. 2, s. 187]

  • Marginal note:Contravening orders

    (4) Every person who contravenes subsection 87(1), (2) or (3), in relation to the use of land, is guilty of an offence and is 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.

  • 1998, c. 25, s. 92;
  • 2005, c. 1, s. 53;
  • 2014, c. 2, s. 187.