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:Incorporation by reference
  •  (1) A regulation made under this Part may incorporate by reference any documents produced by a person other than the federal Minister or by a body.

  • Marginal note:Reproduced or translated material

    (2) A regulation made under this Part may incorporate by reference documents that the federal Minister reproduces or translates from documents produced by a body or person other than the federal Minister

    • (a) with any adaptations of form and reference that will facilitate their incorporation into the regulation; or

    • (b) in a form that sets out only the parts of them that apply for the purposes of the regulation.

  • Marginal note:Jointly produced documents

    (3) A regulation made under this Part may incorporate by reference documents that the federal Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws.

  • Marginal note:Internally produced standards

    (4) A regulation made under this Part may incorporate by reference technical or explanatory documents that the federal Minister produces, including

    • (a) specifications, classifications, illustrations, graphs or other information of a technical nature; and

    • (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.

  • Marginal note:Incorporation as amended from time to time

    (5) Documents may be incorporated by reference as amended from time to time.

  • Marginal note:For greater certainty

    (6) Subsections (1) to (5) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

  • Marginal note:Accessibility

    (7) The federal Minister shall ensure that any document that is incorporated by reference in the regulation is accessible.

  • Marginal note:Defence

    (8) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (7) or it was otherwise accessible to the person.

  • Marginal note:No registration or publication

    (9) For greater certainty, a document that is incorporated by reference in the regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

  • 2014, c. 2, s. 182.
Marginal note:Rules

 A board may make rules

  • (a) specifying the period of time within which compensation agreements referred to in sections 77 and 78 must be entered into; and

  • (b) respecting the determination of matters in dispute under section 80 or 80.1.

  • 1998, c. 25, s. 91;
  • 2005, c. 1, s. 52.

Orders

Marginal note:Reservation of lands from disposition
  •  (1) The Governor in Council may, by order, reserve from disposition under any enactment relating to the disposition of any lands in a federal area, for a specified period or otherwise, all or any interests in such lands if the interests are, in the opinion of the Governor in Council, required

    • (a) for the protection of any waters; or

    • (b) in connection with any undertaking the development or operation of which is, in the opinion of the Governor in Council, in the public interest and that would require the use of those interests in lands and of waters adjacent to those lands.

  • Marginal note:Reservation of water rights

    (2) The Governor in Council may, by order and for a specified period or otherwise, direct a board not to issue any licence in respect of a federal area relating to any waters specified in the order, or prohibit a use of waters or a deposit of waste that would otherwise be permitted under regulations made under paragraph 90.3(1)(m) or (n), as the case may be,

    • (a) to enable comprehensive evaluation and planning to be carried out with respect to those waters; or

    • (b) if the use and flow of those waters, or the maintenance of the quality of those waters, is required in connection with a particular undertaking whose development is, in the opinion of the Governor in Council, in the public interest.

  • Marginal note:Effect of contravention of order

    (3) A disposition of all or any interests in any lands in a federal area in contravention of an order made under subsection (1), and a licence issued in contravention of an order made under subsection (2), is of no force or effect.

  • 2014, c. 2, s. 185.

Offences and Punishment

Marginal note:Principal offences — land use
  •  (1) Every person who contravenes section 90.1, any provision of regulations made under section 90, any condition of a permit or an order of an inspector under subsection 86(1) or (2) is guilty of an offence and is liable on summary conviction

    • (a) for a first offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months, or to both; and

    • (b) for a second or subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

  • Marginal note:Reparation

    (2) In addition to the penalty provided by subsection (1), a court that convicts a person of using land without a permit may, taking into account the nature of the offence and the circumstances of its commission, order the person to take any measures that it considers reasonable in order to repair or limit any damage resulting from the act or omission that constituted the offence.

  • (3) [Repealed, 2014, c. 2, s. 187]

  • Marginal note:Contravening orders

    (4) Every person who contravenes subsection 87(1), (2) or (3), in relation to the use of land, is guilty of an offence and is liable on summary conviction

    • (a) for a first offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months, or to both; and

    • (b) for a second or subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

  • 1998, c. 25, s. 92;
  • 2005, c. 1, s. 53;
  • 2014, c. 2, s. 187.
Marginal note:Principal offences — water use and waste deposit
  •  (1) Every person is guilty of an offence who

    • (a) contravenes subsection 72(1) or section 72.01;

    • (b) fails to comply with subsection 72(3); or

    • (c) contravenes or fails to comply with an order given by an inspector under section 86.1.

  • Marginal note:Punishment

    (2) Every person who is guilty of an offence under subsection (1) is liable on summary conviction,

    • (a) for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and

    • (b) for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both.

  • 2014, c. 2, s. 188.
Marginal note:Offences — type A licensees
  •  (1) Every type A licensee who holds such a licence in respect of a federal area is guilty of an offence who

    • (a) contravenes or fails to comply with any condition of the licence, if the contravention or failure to comply does not constitute an offence under section 92.04; or

    • (b) without reasonable excuse, fails to furnish or maintain security as required under subsection 72.11(1).

  • Marginal note:Punishment

    (2) Every licensee who commits an offence under subsection (1) is liable on summary conviction,

    • (a) for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and

    • (b) for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both.

  • 2014, c. 2, s. 188.
 
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