An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts (S.C. 2019, c. 19)
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Assented to 2019-06-21
An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts
S.C. 2019, c. 19
Assented to 2019-06-21
An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts
SUMMARY
Part 1 of this enactment amends the Mackenzie Valley Resource Management Act to establish an administration and enforcement scheme in Part 5 of that Act that includes the issuance of development certificates. It also adds an administrative monetary penalty scheme and a cost recovery scheme, provides regulation-making powers for both schemes and for consultation with Aboriginal peoples and it allows the Minister to establish a committee to conduct regional studies. Finally, it repeals a number of provisions of the Northwest Territories Devolution Act that, among other things, restructure the regional panels of the Mackenzie Valley Land and Water Board, but that were not brought into force.
Part 2 of the enactment amends the Canada Petroleum Resources Act to allow the Governor in Council to prohibit certain works or activities on frontier lands if the Governor in Council considers that it is in the national interest to do so.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 11998, c. 25Mackenzie Valley Resource Management Act
Amendments to the Act
Marginal note:2014, c. 2, s. 116
1 Section 7.2 of the Mackenzie Valley Resource Management Act is replaced by the following:
Marginal note:Other requirements to be complied with
7.2 For greater certainty, nothing in this Act, the regulations or a licence or permit or development certificate or amended development certificate issued under this Act authorizes a person to contravene or fail to comply with any other Act or any regulation or order made under it, except as provided in that other Act, regulation or order.
Marginal note:2005, c. 1, s. 22
2 Section 15 of the Act is replaced by the following:
Marginal note:Implementation of right of representation of other Aboriginal peoples
15 Despite any provision of this Act respecting members of a board, if an Aboriginal people has a right under a land claim agreement to representation on that board in relation to a decision of the board that might affect an area used by that Aboriginal people that is outside the board’s area of jurisdiction, the board shall, in accordance with that land claim agreement, determine how to implement that right, so long as the number of members who are either nominated by a first nation, nominated or appointed by the Tlicho Government or appointed following consultation by the federal Minister with the first nations of the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii, as the case may be, and who are temporarily appointed to implement that right remains equal to the number of other members not including the chairperson.
3 The Act is amended by adding the following before section 58:
Marginal note:Acting after expiry of term
57.3 (1) If the chairperson of a board is of the opinion that it is necessary for a member of that board to continue to act after the expiry of the member’s term in order for the board to make a decision in relation to the issuance, amendment, renewal or cancellation of a permit or licence, as the case may be, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that matter until a decision is made. For the purpose of the appointment of a replacement, the office of the member is deemed to be vacant as soon as their term expires.
Marginal note:Request
(2) The request shall be made at least two months before the day on which the member’s term expires.
Marginal note:Deemed acceptance
(3) If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.
Marginal note:2014, c. 2, s. 141(1)
4 Section 67 of the Act is replaced by the following:
Marginal note:Final decision
67 Subject to sections 32 and 72.13, subsections 125(1.2) and (4) and any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of a board is final and binding.
5 The Act is amended by adding the following after section 79.3:
Cost Recovery
Marginal note:Obligation to pay
79.4 (1) The applicant or a licensee shall pay to the federal Minister the following amounts and costs relating to the consideration of an application for a licence or for the amendment, renewal or cancellation of a licence:
(a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of a board or of its members;
(b) any costs incurred by a board for services that are prescribed by the regulations and that are provided to it by a third party; and
(c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister.
Marginal note:Debt due to Her Majesty
(2) The amounts and costs that a person is to pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
Marginal note:2014, c. 2, s. 174(1)
6 Section 82 of the French version of the Act is replaced by the following:
Marginal note:Consultation des offices
82 Le ministre fédéral est tenu de consulter les offices en ce qui touche les propositions de modification de la présente loi et la prise ou les propositions de modification de ses textes d’application.
Marginal note:2014, c. 2, s. 177; 2015, c. 24, s. 31
7 Subsections 85(4) to (6) of the Act are replaced by the following:
Marginal note:Notice
(4) An inspector shall, if it is reasonable to do so, give prior notice of their entry to
8 The Act is amended by adding the following after section 90.3:
Marginal note:Regulations respecting cost recovery
90.31 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the boards, make regulations respecting the recovery of amounts and costs for the purposes of section 79.4, 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
90.32 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the boards, make regulations establishing requirements respecting any consultation that may be undertaken under this Part, whether or not it is expressly provided for, by any person or entity with a first nation, the Tlicho First Nation, the Tlicho Government or an Aboriginal people who uses an area outside the Mackenzie Valley, including the manner in which it is to be conducted, and providing for the delegation of certain procedural aspects of that consultation.
Marginal note:2014, c. 2, s. 194(2)
9 Subsection 96(4) of the Act is replaced by the following:
Marginal note:Reference to “licence”
(4) For the purposes of this Part, a reference to “licence” in section 90.3, in the regulations made under that section and in sections 72.02, 79.4 and 92.02 to 92.04 includes a licence as defined in subsection (1).
Marginal note:2005, c. 1, s. 56
10 Subsection 99(3) of the Act is replaced by the following:
Marginal note:Applicable provisions
(3) For greater certainty, the provisions of Part 1 respecting the appointment, term of office and removal from office of members of a board and respecting the chairperson of a board, and the provisions of Part 3 respecting the appointment of members of a board, the quorum of a board, its main office and members acting after the expiry of their term, continue to apply to a regional panel.
11 The Act is amended by adding the following after section 104:
Marginal note:Acting after expiry of term
105 (1) If the chairperson of the Board is of the opinion that it is necessary for a member of the Board to continue to act after the expiry of that member’s term in order for the Board to make a decision in relation to the issuance, amendment, renewal or cancellation of a permit or licence, as the case may be, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that matter until a decision is made. For the purpose of the appointment of a replacement, the office of the member is deemed to be vacant as soon as their term expires.
Marginal note:Request
(2) The request shall be made at least two months before the day on which the member’s term expires.
Marginal note:Deemed acceptance
(3) If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.
12 The Act is amended by adding the following after section 109.2:
Cost Recovery
Marginal note:Regulations apply
109.3 Regulations made under section 90.31 apply to the recovery of amounts and costs relating to the consideration of an application for a licence issued by the Board or for the amendment, renewal or cancellation of a licence as if a reference to “licence” in those regulations were a reference to a licence as defined in subsection 96(1).
Consultations
Marginal note:Regulations apply
109.4 Regulations made under section 90.32 apply to any consultation that is undertaken by any person or entity in relation to the issuance, amendment, renewal, suspension or cancellation of a licence, permit or other authorization by the Board as if a reference to “licence” or “permit” in those regulations were a reference to a licence or permit as defined in subsection 96(1).
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