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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)

Offences and Punishment (continued)

Marginal note:Limitation period or prescription

 No proceedings in respect of an offence under section 92, 92.01, 92.02, 92.03, 92.04 or 92.05 are to be instituted more than five years after the day on which the federal Minister becomes aware of the acts or omissions that constitute the alleged offence.

  • 1998, c. 25, s. 93
  • 2014, c. 2, s. 190

Marginal note:Admissibility of evidence

  •  (1) In proceedings for an offence under this Part, a certificate, report or other document of the federal Minister, a board or an inspector that is purported to have been signed by that person or board is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.

  • Marginal note:Copies and extracts

    (2) In proceedings for an offence under this Part, a copy of or an extract from any document that is made by the federal Minister, a board or an inspector that appears to have been certified under the signature of that person or board as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

  • Marginal note:Presumed date of issue

    (3) A document referred to in this section is, in the absence of evidence to the contrary, presumed to have been issued on the date that it bears.

  • Marginal note:Notice

    (4) No document referred to in this section is to be received in evidence unless the party intending to produce it has provided reasonable notice of that intention to the party against whom it is intended to be produced together with a copy of the document.

  • 2014, c. 2, s. 190

Marginal note:Certificate of analyst

  •  (1) Subject to this section, a certificate purporting to be signed by an analyst and stating that the analyst has analysed or examined a sample submitted to the analyst by an inspector and stating the result of the analysis or examination is admissible in evidence in any prosecution under this Part and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.

  • Marginal note:Attendance of analyst

    (2) A party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

  • Marginal note:Notice

    (3) No certificate is to be received in evidence under subsection (1) unless the party intending to produce it has provided reasonable notice of that intention to the party against whom it is intended to be produced together with a copy of the certificate.

  • 2014, c. 2, s. 190

Exemptions

Marginal note:Posting of security

 Notwithstanding section 7, Her Majesty in right of Canada and, for greater certainty, the territorial government shall not be required to post security pursuant to section 71.

Marginal note:Fees

 Despite subsection 72.03(1) or any territorial law, the Gwich’in and Sahtu First Nations, the Tlicho Government and the Déline Got’ine Government are not required to pay any fee in respect of the use of waters or the deposit of waste for non-commercial purposes on their first nation lands, Tlicho lands or Déline lands as the case may be.

  • 1998, c. 25, s. 95
  • 2005, c. 1, s. 54
  • 2014, c. 2, s. 192
  • 2015, c. 24, s. 34

PART 4Mackenzie Valley Land and Water Board

Interpretation and Application

Marginal note:Definitions

  •  (1) The definitions in this subsection apply in this Part.

    Board

    Board means the Mackenzie Valley Land and Water Board established by subsection 99(1). (Office)

    licence

    licence means

    • (a) with respect to a federal area, a type A or type B licence permitting the use of waters or the deposit of waste, or both, issued by the Board under this Part; or

    • (b) with respect to lands outside a federal area, a type A or type B licence or any other licence relating to the use of waters or the deposit of waste, or both, issued by the Board under this Part in accordance with any territorial law. (permis d’utilisation des eaux)

    permit

    permit means a permit for the use of land issued by the Board under this Part, and “permittee” has a corresponding meaning. (permis d’utilisation des terres)

  • Marginal note:Terms defined in Part 3

    (2) In this Part, the expressions first nation lands, land, management area and waters have the same meaning as in Part 3.

  • Marginal note:Meaning of permit

    (3) For the purposes of this Part, references to a permit in section 90, in the regulations made pursuant to that section and in sections 90.1, 90.2 and 92 include a permit as defined in subsection (1).

  • 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).

  • 1998, c. 25, s. 96
  • 2005, c. 1, s. 55
  • 2014, c. 2, s. 194
  • 2019, c. 19, s. 9

Marginal note:National parks and historic sites

  •  (1) Subject to paragraph 102(2)(b), this Part does not apply in respect of the use of land or waters or the deposit of waste within a park or park reserve to which the Canada National Parks Act applies or within lands acquired pursuant to the Historic Sites and Monuments Act.

  • Marginal note:Consultation with Board

    (2) Notwithstanding subsection (1), an authority responsible for authorizing uses of land or waters or deposits of waste in a portion of the Mackenzie Valley excluded by that subsection from the application of this Part shall consult the Board before authorizing any such use or deposit.

  • Marginal note:Consultation with authority

    (3) The Board shall consult the responsible authority referred to in subsection (2) before issuing a licence, permit or authorization for a use of land or waters or deposit of waste that may have an effect in the portion of the Mackenzie Valley excluded by subsection (1) from the application of this Part.

  • 1998, c. 25, s. 97
  • 2000, c. 32, s. 68

Marginal note:Local government jurisdiction

  •  (1) This Part does not apply in respect of the use of land within the boundaries of a local government to the extent that the local government regulates that use.

  • Marginal note:Agreement

    (2) The Board and the territorial Minister shall, in consultation with each local government, jointly determine the extent to which the local government regulates the use of land within its boundaries for the purposes of subsection (1).

  • Marginal note:Dissemination

    (3) A determination under subsection (2) shall be made available to the public at the main office of the Board and that of the local government.

Establishment of Board

Marginal note:Board established

  •  (1) There is hereby established a board to be known as the Mackenzie Valley Land and Water Board.

  • Marginal note:Regional panels — Gwich’in and Sahtu Boards

    (2) On the coming into force of this Part, a board established by section 54 or 56 continues as a regional panel of the Board under the same name and in respect of the same management area as that of the board. Its members become members of the Board.

  • Marginal note:Regional panel — Wekeezhii Board

    (2.1) Six months after the coming into force of section 57.1, the board established by that section continues as a regional panel of the Board under the same name and in respect of the same management area as that of the board. Its members become members of the Board.

  • 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.

  • Marginal note:Composition

    (4) In addition to the members of the regional panels referred to in subsections (2) and (2.1) and a chairperson, the Board shall, subject to subsection 108(7), consist of

    • (a) two members appointed following consultation by the federal Minister with the first nations and the Tlicho Government;

    • (b) one member appointed on the nomination of the territorial Minister; and

    • (c) one other member.

  • 1998, c. 25, s. 99
  • 2005, c. 1, s. 56
  • 2019, c. 19, s. 10
 
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