Mackenzie Valley Resource Management Act

Version of section 85 from 2014-04-01 to 2016-08-31:

Marginal note:Authority to enter
  •  (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.

  • 1998, c. 25, s. 85;
  • 2005, c. 1, s. 48;
  • 2014, c. 2, s. 177.
Date modified: