Administration and Enforcement

Designation

Marginal note:Designation

• 84. (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.

Powers

Marginal note:Authority to enter

• 85. (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:Warrant for dwelling-house

• 85.1 (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.

Marginal note:Entering private property

• 85.2 (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.

Marginal note:Use of force

85.3 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.

Orders

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

• 86. (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.

Marginal note:Remedial measures

• 86.1 (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.

Marginal note:Failure to comply

• 86.2 (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.

Marginal note:Assistance to inspectors

• 87. (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.

Marginal note:Review by board

88. 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.

Marginal note:Work closed or abandoned

• 89. (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.

• Marginal note:Notice to first nation

  (4) An inspector shall, if it is reasonable to do so, give the Gwich’in or Sahtu First Nation prior notice of entry by the inspector on its first nation lands.

Marginal note:Review by Board

88. The 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.

Marginal note:Regulations respecting cost recovery

90.01 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the Board, make regulations respecting the recovery of amounts and costs for the purposes of section 68.1, including prescribing the amounts and services for the purposes of that section and exempting any class of applicants or licensees from the application of that section.

Marginal note:Regulations respecting consultation

90.02 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the Board, make regulations respecting any consultation with a first nation, the Tlicho First Nation, the Tlicho Government or an aboriginal people who use an area outside the Mackenzie Valley that may occur under this Part, including the manner in which it is to be conducted, and providing for the delegation of certain procedural aspects of such a consultation.

Marginal note:Prohibition — Tlicho lands

90.1 Even if the regulations do not require a permit or other authorization under this Part 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.

Marginal note:Exception

90.2 Despite the regulations, a permit or other authorization under this Part 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.

Marginal note:Exception

90.2 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.

Marginal note:Regulations — federal areas

• 90.3 (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.

Marginal note:Incorporation by reference

• 90.4 (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.