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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 5Mackenzie Valley Environmental Impact Review Board (continued)

Regulations (continued)

Marginal note:Incorporation by reference — limitation removed

 The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to the powers to make regulations under this Part.

  • 2019, c. 19, s. 33

Marginal note:Schedule

  •  (1) The Governor in Council may, by regulations made following consultation by the federal Minister with the territorial Minister, the Review Board, the first nations and the Tlicho Government, amend the schedule by adding, or by deleting, the name of any agency, other than a land and water board established by Part 3 or 4, that exercises regulatory powers pursuant to territorial or federal laws and that is not subject to specific control or direction by a minister of the federal or territorial government or the Governor in Council.

  • Marginal note:Exception

    (2) Policy directions of general application governing an agency, or the power to approve, vary or rescind an agency’s decisions, do not constitute specific control or direction for the purposes of subsection (1).

  • 1998, c. 25, s. 144
  • 2005, c. 1, s. 91

PART 5.1Administrative Monetary Penalties

Interpretation

Marginal note:Definitions

 The following definitions apply in this Part.

board

board has the same meaning as in section 51 or subsection 96(1), as the case may be. (office)

inspector

inspector means a person designated as an inspector under section 84 or 142.24. (inspecteur)

management area

management area has the same meaning as in section 51. (zone de gestion)

penalty

penalty means an administrative monetary penalty imposed under this Part for a violation. (pénalité)

review body

review body means

  • (a) with respect to a violation relating to Part 3 that is designated as such by a regulation made under paragraph 144.11(1)(a),

    • (i) the Gwich’in Land and Water Board, if the violation was committed in its management area,

    • (ii) the Sahtu Land and Water Board, if the violation was committed in its management area,

    • (iii) the Wekeezhii Land and Water Board, if the violation was committed in its management area, or

    • (iv) the Mackenzie Valley Land and Water Board, if the violation was committed in an area outside any management area;

  • (b) despite subparagraphs (a)(i) to (iii), the Mackenzie Valley Land and Water Board, if the violation relating to Part 3 that was committed in a management area is a failure to comply with a term or condition of any licence, permit or other authorization issued by that Board or a contravention of any order, direction or decision made or given in relation to such a licence, permit or other authorization; and

  • (c) with respect to a violation relating to Part 5 that is designated as such by a regulation made under paragraph 144.11(1)(a), the federal Minister. (réviseur)

  • 2019, c. 19, s. 35

Federal Minister’s Powers

Marginal note:Regulations

  •  (1) The federal Minister may, with the approval of the Governor in Council and following consultation with the Gwich’in and Sahtu First Nations and the Tlicho Government, make regulations for the purposes of sections 144.12 to 144.31, including regulations

    • (a) designating as a violation that may be proceeded with in accordance with this Act

      • (i) the contravention of any specified provision of this Act or of any of its regulations,

      • (ii) the contravention of any order, direction or decision, whether of a specified class or not, made or given under this Act, or

      • (iii) the failure to comply with a term or condition, whether of a specified class or not, of any licence, permit or other authorization or development certificate or amended development certificate issued under this Act;

    • (b) respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation;

    • (c) establishing the form and content of notices of violation;

    • (d) respecting the service of documents required or authorized under this Act, including the manner and proof of service and the circumstances under which documents are presumed to be served;

    • (e) respecting the review by a review body in respect of a notice of violation; and

    • (f) respecting the publication of the nature of a violation, the name of the person who committed it and the amount of the penalty.

  • Marginal note:Maximum amount of penalty

    (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for each violation shall not be more than $25,000 in the case of an individual, and $100,000 in the case of any other person.

  • 2019, c. 19, s. 35

Violations

Marginal note:Who may issue notices

 Inspectors are authorized to issue notices of violation.

  • 2019, c. 19, s. 35

Marginal note:Violation and penalty

  •  (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 144.11(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations.

  • Marginal note:Purpose of penalty

    (2) The purpose of the penalty is to promote compliance with this Act and not to punish.

  • 2019, c. 19, s. 35

Marginal note:Liability of directors, officers, etc.

 If a corporation commits a violation, any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty in the amount that is determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act.

  • 2019, c. 19, s. 35

Marginal note:Proof of violation

 In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent or mandatary of the person, whether or not the employee or the agent or mandatary is identified or proceeded against in accordance with this Act.

  • 2019, c. 19, s. 35

Marginal note:Issuance and service of notice of violation

  •  (1) If an inspector has reasonable grounds to believe that a person has committed a violation, the inspector may issue a notice of violation and cause it to be served on the person.

  • Marginal note:Contents

    (2) The notice of violation shall

    • (a) name the person who is believed to have committed the violation;

    • (b) set out the relevant facts of the violation;

    • (c) set out the amount of the penalty;

    • (d) inform the person of their right to request a review with respect to the facts of the violation or the amount of the penalty, and of the period within which that right shall be exercised;

    • (e) inform the person of the time and manner of paying the penalty; and

    • (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they are considered to have committed the violation and are liable to the penalty.

  • Marginal note:Copy of notice of violation

    (3) The inspector shall, without delay after issuing the notice of violation, provide a copy of it,

    • (a) with respect to a violation relating to Part 3, to the board that may act as the review body and the federal Minister; or

    • (b) with respect to a violation relating to Part 5, to the federal Minister and

      • (i) the board that has jurisdiction over a management area, if the development is carried out wholly within that management area; or

      • (ii) the board established under Part 4, if the development is carried out in more than one management area, in a management area and an area outside any management area, or wholly outside any management area.

  • 2019, c. 19, s. 35
 
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