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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)

Regulations and Rules (continued)

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

Marginal note:Offences — type B licensees

  •  (1) Every type B 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 is guilty of an offence under subsection (1) is liable on summary conviction,

    • (a) for a first offence, to a fine not exceeding $37,500 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 $75,000 or to imprisonment for a term not exceeding six months, or to both.

  • 2014, c. 2, s. 188

Marginal note:Other offences — water use and waste deposit

 Every person is guilty of an offence punishable on summary conviction who

  • (a) contravenes or fails to comply with subsection 87(1), (2) or (3), in relation to the use of waters or the deposit of waste in a federal area, or any regulations made under paragraph 90.3(1)(p), (q) or (r); or

  • (b) except as authorized under this Part or any other Act of Parliament, wilfully obstructs or otherwise interferes with a licensee who holds a licence in respect of a federal area or any person acting on behalf of the licensee in the exercise of any rights granted to the licensee under this Part.

  • 2014, c. 2, s. 188

Marginal note:Continuing offences

 An offence under subsection 92(1), 92.01(1), 92.02(1) or 92.03(1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.

  • 2014, c. 2, s. 188

Marginal note:Deeming — subsequent offence for land use

  •  (1) For the purposes of subsections 92(1) and (4), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under an Act of Parliament — or an Act of the legislature of a province — that relates to environmental or wildlife conservation or protection or heritage resources.

  • Marginal note:Deeming — subsequent offence for water use

    (1.1) For the purposes of subsections 92.01(2), 92.02(2) and 92.03(2), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under an Act of Parliament — or an Act of the legislature of a province — that relates to environmental or wildlife conservation or protection.

  • Marginal note:Application

    (2) Subsections (1) and (1.1) apply only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under any Act of the legislature of a province.

  • 2014, c. 2, ss. 189, 190
 
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