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:Failure to comply
  •  (1) If a person does not comply with an order made under subsection 86(1) or (2) or section 86.1 within the time specified, the inspector may, on their own initiative, take the measures specified in the order.

  • Marginal note:Recovery of Her Majesty’s costs

    (2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada in the taking of measures under subsection (1) constitutes a debt due to Her Majesty recoverable from the person in a court of competent jurisdiction or by recourse to any security furnished under section 71 or 72.11, as the case may be.

  • 2014, c. 2, s. 177.
Marginal note:Assistance to inspectors
  •  (1) The owner or person in charge of the place entered under section 85, and every person in it, shall give an inspector all assistance that is reasonably required to enable the inspector to verify compliance or prevent non-compliance with this Part and orders made under section 86 or 86.1, and shall provide any documents, data or information that is reasonably required for that purpose.

  • Marginal note:Obstruction

    (2) It is prohibited to knowingly obstruct or hinder an inspector who is exercising their powers or performing their duties and functions under this Act.

  • Marginal note:False statements or information

    (3) It is prohibited to knowingly make a false or misleading statement or knowingly provide false or misleading information in connection with any matter under this Act to an inspector who is exercising their powers or performing their duties and functions under this Act.

  • 1998, c. 25, s. 87;
  • 2014, c. 2, s. 177.
Marginal note:Review by board

 A board shall, if so requested by a person who is subject to an order made by an inspector under subsection 86(1) or (2) or section 86.1, review that order without delay and confirm, vary or revoke it.

  • 1998, c. 25, s. 88;
  • 2014, c. 2, s. 177.
Marginal note:Work closed or abandoned
  •  (1) The federal Minister may take any reasonable measures to prevent, counteract, mitigate or remedy any adverse effect, in a federal area, on persons, property or the environment, and for that purpose may enter any place in a federal area, except one that is designed to be used and is being used as a permanent or temporary dwelling-house, if the federal Minister has reasonable grounds to believe that

    • (a) a person has closed or abandoned, temporarily or permanently, a work related to the use of waters or the deposit of waste, and

    • (b) either

      • (i) the person has contravened or failed to comply with any condition of a licence or any provision of this Act or the regulations, whether or not the condition or provision relates to closing or abandonment, or

      • (ii) a danger to persons, property or the environment may result from the past operation of the work or from its closing or abandonment.

  • Marginal note:Recovery of Her Majesty’s costs

    (2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada in the taking of measures under subsection (1), to the extent that the incurring of those costs was based on subparagraph (1)(b)(i), constitutes a debt due to Her Majesty recoverable from the person in a court of competent jurisdiction or by recourse to any security furnished under section 72.11.

  • 1998, c. 25, s. 89;
  • 2005, c. 1, s. 49;
  • 2014, c. 2, s. 177.

Regulations and Rules

Marginal note:Regulations respecting the use of land

 The Governor in Council may, following consultation by the federal Minister with first nations and the Tlicho Government, make regulations respecting the protection, control and use of lands in the Mackenzie Valley and, in particular, may make regulations

  • (a) prohibiting uses of land or classes of uses except under the authority of permits or, where the regulations so provide, under the written authority of an inspector;

  • (b) respecting the issuance, amendment, renewal, suspension, cancellation, and approval of the assignment, of permits;

  • (c) respecting eligibility for permits, prescribing the conditions or kinds of conditions that a board may include in permits and respecting the duration of permits;

  • (d) providing for the issuance to permittees by a board of authorizations for uses of land not authorized in their permits;

  • (e) prescribing the procedure to be followed and forms to be used by applicants for permits, the information to be submitted in connection with applications and the manner of its submission, and respecting the fees to be paid on the filing of applications;

  • (f) respecting fees to be paid by permittees in respect of permitted uses of lands belonging to Her Majesty in right of Canada or lands that Her Majesty has power to dispose of, other than such lands the administration and control of which has been transferred by the Governor in Council to the Commissioner of the Northwest Territories;

  • (g) prescribing classes to which permits referred to in an instrument of delegation under section 70 must belong;

  • (h) specifying the amount, or the manner of determining the amount, of the security referred to in subsection 71(1) or empowering a board to fix the amount of that security, subject to any maximum that may be specified for that purpose, prescribing the form and conditions of the security, and specifying the circumstances and manner in which it shall be refunded;

  • (i) prescribing the form of the register to be maintained by a board pursuant to section 72 and the information to be entered in it, and respecting the fees, if any, to be paid to examine the register or to obtain copies from it;

  • (j) respecting the power of inspectors to order the taking of measures pursuant to subsection 86(1) or (2);

  • (k) authorizing inspectors to enter and inspect lands to which an application relates;

  • (l) respecting the restoration of lands to which a permit applies;

  • (m) authorizing a board or an inspector to relieve permittees from specified obligations under the regulations; and

  • (n) authorizing a board or an inspector to require permittees to submit reports to them on specified matters.

  • 1998, c. 25, s. 90;
  • 2005, c. 1, s. 50.
Marginal note:Prohibition — Tlicho lands

 Even if the regulations do not require a permit or authorization under Part 3 or 4 for a particular use of land, no person shall use Tlicho lands without such a permit or authorization if one is required by a Tlicho law for uses of that type.

  • 2005, c. 1, s. 51.
Marginal note:Prohibition  — Déline lands

 Even if the regulations do not require a permit or other authorization under Part 3 or 4 for a particular use of land, a person shall not use Déline lands without such a permit or authorization if one is required by a Déline law for uses of that type.

  • 2015, c. 24, s. 32.
Marginal note:Exception

 Despite the regulations, a permit or other authorization under Part 3 or 4 for a particular use of land in a Tlicho community is not required if the local government of that community has enacted a bylaw providing that one is not required for uses of that type.

  • 2005, c. 1, s. 51;
  • 2014, c. 2, s. 182.
Marginal note:Exception

 Despite the regulations, a permit or other authorization under Part 3 or 4 for a particular use of lands in the Community of Déline, as described in schedule B to the Déline Agreement, is not required if a Déline law provides that one is not required for uses of that type.

  • 2015, c. 24, s. 33.
Marginal note:Regulations — federal areas
  •  (1) The Governor in Council may, following consultation by the federal Minister with the Gwich’in and Sahtu First Nations and the Tlicho Government, make regulations respecting the use of waters and the deposit of waste in federal areas and, in particular, may make regulations

    • (a) on the recommendation of the federal Minister and a board,

      • (i) establishing water management areas consisting of river basins or other geo­graph­ical areas, and

      • (ii) classifying purposes of waters use in any water management area;

    • (b) prescribing, for the purposes of paragraphs (b) to (d) of the definition waste in section 51,

      • (i) substances and classes of substances,

      • (ii) quantities or concentrations of substances and classes of substances in water, and

      • (iii) treatments, processes and changes of water;

    • (c) setting out the criteria to be applied by a board in determining whether a proposed use of waters or deposit of waste for which a licence is required under this Act requires a type A licence or a type B licence;

    • (d) setting out the procedure to be followed on an application to a board;

    • (e) prescribing the forms to be used for applications to a board, the information to be submitted to a board in connection with any application and the form in which any of that information is to be submitted;

    • (f) prescribing forms, in addition to any forms prescribed under paragraph (e);

    • (g) respecting the amount of the security referred to in subsection 72.11(1), and prescribing the form and conditions of the security, which regulations may empower a board to fix the amount of the security subject to a maximum specified in, or determined in accordance with, those regulations;

    • (h) prescribing water quality standards;

    • (i) prescribing effluent standards;

    • (j) prescribing standards for the design, construction, operation and maintenance of works related to the use of waters or the deposit of waste;

    • (k) prescribing fees to be paid for the right to use waters or deposit waste under a licence;

    • (l) prescribing the times at which and the manner in which fees prescribed under paragraph (k) shall be paid;

    • (m) subject to any order made under subsection 91.1(2), authorizing the use without a licence of waters in a water management area for a purpose or use, in a quantity or at a rate, or for a period, or any combination of purpose, use, quantity, rate or period, specified in the regulations, and prescribing the conditions under which those waters may be used without a licence;

    • (n) subject to any order made under subsection 91.1(2), prescribing quantities, concentrations and types of waste that may be deposited without a licence, and the conditions under which any such waste may be deposited;

    • (o) prescribing the manner in which a report under subsection 72.01(3) is to be made and the information to be contained in it and designating a person or authority, in lieu of an inspector, to whom the report is to be made;

    • (p) requiring persons who use waters or deposit waste in a water management area

      • (i) to maintain books and records for the proper enforcement of this Part, and

      • (ii) to submit to a board, on a regular monthly, quarterly, semi-annual or annual basis, a report on any of their operations to which this Part applies, and specifying the information to be contained in it;

    • (q) requiring persons who deposit waste in a water management area

      • (i) to submit representative samples of the waste to a board for analysis, or

      • (ii) to analyse representative samples of the waste and submit the results of the analysis to a board;

    • (r) respecting the taking of representative samples of waters or waste and respecting the method of analysis of those samples;

    • (s) respecting the duties of persons designated as analysts under subsection 84(2);

    • (t) prescribing anything that is to be prescribed under this Act; and

    • (u) generally, for carrying out the purposes and provisions of this Part.

  • Marginal note:Regulations — Mackenzie Valley

    (2) The Governor in Council may, following consultation by the federal Minister with the Gwich’in and Sahtu First Nations and the Tlicho Government, make regulations respecting the use of waters and the deposit of waste in the Mackenzie Valley

    • (a) prescribing fees to be paid

      • (i) for the filing of any application with the board, and

      • (ii) for examination of the register maintained under section 68;

    • (b) prescribing the times at which and the manner in which fees prescribed under paragraph (a) shall be paid; and

    • (c) prescribing the form of the register to be maintained by a board under section 68 and the information to be entered in it.

  • Marginal note:Regulations may vary

    (3) Regulations made under subsection (1) may vary according to any criterion or combination of criteria, including the use of waters, the purpose, quantity and rate of that use, and the quantities, concentrations and types of waste deposited.

  • 2014, c. 2, s. 182.
 
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