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Mackenzie Valley Resource Management Act (S.C. 1998, c. 25)

Act current to 2020-06-17 and last amended on 2019-08-28. Previous Versions

PART 3Land and Water Regulation (continued)

Powers and Duties of Federal Minister

 [Repealed, 2014, c. 2, s. 173]

Marginal note:Consultation with boards

 The federal Minister shall consult the boards with respect to the amendment of this Act or the making or amendment of any instrument under this Act.

  • 1998, c. 25, s. 82
  • 2005, c. 1, s. 47
  • 2014, c. 2, s. 174
  • 2019, c. 19, s. 6(F)

Policy Directions

Marginal note:Minister’s policy directions to board

  •  (1) The federal Minister may, after consultation with a board, give written policy directions that are binding on the board with respect to the exercise of any of its functions under this Act. The federal Minister shall also consult the Tlicho Government before giving such written policy directions to the Wekeezhii Land and Water Board.

  • Marginal note:Notice to Déline Got’ine Government

    (1.1) The federal Minister shall inform the Déline Got’ine Government, to the extent provided for in 2.7.1 of the Déline Agreement, of the Minister’s intention to give a written policy direction to the Sahtu Land and Water Board if the policy direction is in relation to the use of land or water or the deposit of waste in the area described in schedule A to the Déline Agreement.

  • Marginal note:Policy directions by the Tlicho Government to the Wekeezhii Board

    (2) The Tlicho Government may, after consultation with the Wekeezhii Land and Water Board and the federal Minister, give written policy directions with respect to the exercise of any of its functions under this Part in relation to the use of Tlicho lands. Policy directions shall be binding on the Board to the extent that compliance with them does not require the Board to exceed its approved budget.

  • Marginal note:Policy directions by Déline Got’ine Government

    (2.1) The Déline Got’ine Government may, after consultation with the Sahtu Land and Water Board and the federal Minister, give written policy directions to the Board with respect to the performance of any of the Board’s functions under this Part in relation to the use of Déline lands. Policy directions are binding on the Board to the extent that compliance with them does not require the Board to exceed its approved budget.

  • Marginal note:Limitation

    (3) Except as provided by subsection (4), policy directions do not apply in respect of any application that, at the time the directions are given, is pending before a board or has been approved by a board and is awaiting approval under section 72.13 or under any territorial law, as the case may be.

  • Marginal note:Exception

    (4) Policy directions apply in respect of an application referred to in subsection (3) if their non-application could result in the inconsistency of a licence, permit or authorization with another Act or with a regulation or order made under another Act.

  • Marginal note:Conflict between policy directions

    (5) If there is a conflict between policy directions given by the federal Minister under subsection (1) and policy directions given by the Tlicho Government under subsection (2) or by the Déline Got’ine Government under subsection (2.1), the policy directions given under subsection (2) or (2.1), as the case may be, prevail to the extent of the conflict.

  • Marginal note:Conflict between legislation and policy directions

    (6) If there is a conflict between policy directions given by the federal Minister, the Tlicho Government or the Déline Got’ine Government under this section and the provisions of any Act of Parliament, of any regulations made under an Act of Parliament or of any territorial law, those provisions prevail to the extent of the conflict.

  • 1998, c. 25, s. 83
  • 2005, c. 1, s. 47
  • 2014, c. 2, s. 175
  • 2015, c. 24, s. 30

Administration and Enforcement

Designation

Marginal note:Designation

  •  (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.

  • 1998, c. 25, s. 84
  • 2014, c. 2, s. 177

Powers

Marginal note:Authority to enter

  •  (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) 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.

  • (5) [Repealed, 2019, c. 19, s. 7]

  • (6) [Repealed, 2019, c. 19, s. 7]

  • 1998, c. 25, s. 85
  • 2005, c. 1, s. 48
  • 2014, c. 2, s. 177
  • 2015, c. 24, s. 31
  • 2019, c. 19, s. 7

Marginal note:Warrant for dwelling-house

  •  (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.

  • 2014, c. 2, s. 177
 
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