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
(a) the Gwich’in or Sahtu First Nation, if the entry is on its first nation lands;
(b) the Tlicho Government, if the entry is on Tlicho lands; or
(c) the Déline Got’ine Government, if the entry is on Déline lands.
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).
Marginal note:2014, c. 2, s. 199
13 Section 111.1 of the Act is replaced by the following:
Marginal note:Federal Minister — powers, duties and functions
111.1 The federal Minister shall exercise the powers and perform the duties and functions of any responsible minister who is a minister of the Crown in right of Canada for the purposes of subsections 130(1) to (3), sections 131.2, 135 and 137.2 and subsection 142.21(10).
14 The Act is amended by adding the following after section 113:
Marginal note:Acting after expiry of term
113.1 (1) If the chairperson of the Review Board is of the opinion that it is necessary for a member of the Review Board to continue to act after the expiry of that member’s term in relation to an environmental assessment, an environment impact review or an examination of impact on the environment that stands in lieu of an environmental impact review, as the case may be, of a proposal for a development, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that proposal until the requirements of this Part in relation to that environmental assessment, environmental impact review or examination have been fulfilled. 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.
15 The Act is amended by adding the following after section 117:
Marginal note:Prohibition — person or body carrying out development
117.1 (1) The person or body that proposes to carry out a development shall not carry it out, in whole or in part, unless
(a) subject to subsection (2), the person or body receives a notice under subsection 124(1.1) in respect of the development;
(b) subject to subsection (2), the development is exempted from preliminary screening under subsection 124(2);
(c) subject to subsection (2), the person or body receives a copy of a report under subsection 125(6) stating that the development will not be a cause of public concern and either will not have a significant adverse impact on the environment or, in the case of a proposed development that is wholly within the boundaries of a local government, is unlikely to have a significant adverse impact on air, water or renewable resources;
(d) in the case of a proposal for a development that is the subject of an environmental assessment under section 126, the person or body carries it out in accordance with the conditions included in a development certificate issued under section 131.3, or an amended development certificate issued under subsection 142.21(17), with respect to that development; or
(e) in the case of a proposal for a development that is the subject of an environmental impact review under section 132, or an examination under section 138, 140 or 141, the person or body carries it out in accordance with the conditions included in a development certificate issued under section 137.4, or an amended development certificate issued under subsection 142.21(17), with respect to that development.
Marginal note:No contravention
(2) A person or body may carry out a development, in whole or in part, if it is carried out within the period
(a) starting on the day on which
(i) the person or body receives a notice under subsection 124(1.1) with respect to the development,
(ii) the development is exempted from preliminary screening under subsection 124(2), or
(iii) the person or body receives a copy of a report under subsection 125(6) containing the conclusions set out in paragraph (1)(c) with respect to the development; and
(b) ending on the day on which that person or body receives notice of a referral to an environmental assessment under subsection 126(5).
Marginal note:Exception
(3) Subsection (1) does not apply if section 119 applies.
16 Section 124 of the Act is amended by adding the following after subsection (1):
Marginal note:Notice of exemption
(1.1) If the development is exempted from preliminary screening for a reason referred to in paragraph (1)(a) or (b), the regulatory authority or designated regulatory agency shall so notify the person or body that proposes to carry out the development in writing.
17 (1) Section 125 of the Act is amended by adding the following after subsection (1):
Marginal note:Delay
(1.1) If the body determines under subsection (1) that the development will not have a significant adverse impact on the environment and will not be a cause of public concern,
(a) a regulatory authority, a designated regulatory agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination; or
(b) if no licence, permit or other authorization is required under any federal, territorial or Tlicho law for the development, the person or body that proposes to carry it out shall not proceed before the end of 10 days after the day on which the Review Board receives the report of the determination.
Marginal note:Boards established under Part 3 or 4
(1.2) If a board established under Part 3 or 4 is the body that determines under subsection (1) that the development will not have a significant adverse impact on the environment and will not be a cause of public concern, that board may issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination but that licence, permit or other authorization shall come into force only after the end of that 10-day period and if no referral under subsection 126(2) or (3) has been made during that period.
Marginal note:Computation of time
(1.3) If more than one body conducts a preliminary screening in respect of a development and they each determine that the development will not have a significant adverse impact on the environment and will not be a cause of public concern, the 10-day period referred to in subsections (1.1) and (1.2) begins after the day on which the Review Board receives the last of their reports of determination.
(2) Section 125 of the Act is amended by adding the following after subsection (2):
Marginal note:Delay
(3) If a body determines under subsection (2) that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern,
(a) a regulatory authority, a designated regulatory agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination; or
(b) if no licence, permit or other authorization is required under any federal, territorial or Tlicho law for the development, the person or body that proposes to carry it out shall not proceed before the end of 10 days after the day on which the Review Board receives the report of the determination.
Marginal note:Boards established under Part 3 or 4
(4) If a board established under Part 3 or 4 is the body that determines under subsection (2) that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern, that board may issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination but that licence, permit or other authorization shall come into force only after the end of that 10-day period and if no referral under subsection 126(2) or (3) has been made during that period.
Marginal note:Computation of time
(5) If more than one body conducts a preliminary screening in respect of a development and they each determine that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern, the 10-day period referred to in subsections (3) and (4) begins after the day on which the Review Board receives the last of their reports of determination.
Marginal note:Copy of report
(6) A body that conducts a preliminary screening of a proposal shall provide a copy of its report to the person or body that proposes to carry out the development.
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