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

Administration and Enforcement

Designation

Marginal note:Designation
  •  (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.

  • 1998, c. 25, s. 84;
  • 2014, c. 2, s. 177.

Powers

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.

  • Marginal note:Notice to Déline Got’ine Government

    (6) An inspector shall, if it is reasonable to do so, give the Déline Got’ine Government prior notice of entry by the inspector on Déline lands.

  • 1998, c. 25, s. 85;
  • 2005, c. 1, s. 48;
  • 2014, c. 2, s. 177;
  • 2015, c. 24, s. 31.
Marginal note:Warrant for dwelling-house
  •  (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.

  • 2014, c. 2, s. 177.
Marginal note:Entering private property
  •  (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.

  • 2014, c. 2, s. 177.
Marginal note:Use of force

 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.

  • 2014, c. 2, s. 177.

Orders

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

  • 1998, c. 25, s. 86;
  • 2014, c. 2, s. 177.
Marginal note:Remedial measures
  •  (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.

  • 2014, c. 2, s. 177.
 
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