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

Act current to 2017-12-11 and last amended on 2016-09-01. Previous Versions

Marginal note:Application for licence
  •  (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.

  • 2014, c. 2, s. 145.
Marginal note:Security — federal area
  •  (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.

  • 2014, c. 2, s. 145.
Marginal note:Renewal, amendment and cancellation
  •  (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.

  • 2014, c. 2, s. 145.
Marginal note:Approval to issue, renew, amend or cancel

 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.

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

  • 2014, c. 2, s. 145.

Public Hearings and Procedure

Marginal note:Optional hearing
  •  (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.

  • 2014, c. 2, s. 145.
 
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