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

Act current to 2016-04-12 and last amended on 2014-04-01. Previous Versions

Marginal note:Deposit of waste
  •  (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).

  • 2014, c. 2, s. 145.
Marginal note:Exemption — Tlicho communities

 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.

  • 2014, c. 2, s. 145.

Licences

Marginal note:Issuance
  •  (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.

  • 2014, c. 2, s. 145.
Marginal note:Conditions
  •  (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.

  • 2014, c. 2, s. 145.
 
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