Northwest Territories Devolution Act (S.C. 2014, c. 2)
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Assented to 2014-03-25
183. (1) The portion of paragraph 90.3(1)(a) of the Act before subparagraph (i) is replaced by the following:
(a) on the recommendation of the federal Minister and the Board,
(2) Paragraphs 90.3(1)(c) to (e) of the Act are replaced by the following:
(c) setting out the criteria to be applied by the Board in determining whether a proposed use of waters or deposit of waste for which a licence is required under this Act requires a type A licence or a type B licence;
(d) setting out the procedure to be followed on an application to the Board;
(e) prescribing the form of applications to the Board, the information to be submitted to the Board in connection with any application, and the form in which any of that information is to be submitted;
(3) Paragraph 90.3(1)(g) of the Act is replaced by the following:
(g) respecting the amount of the security referred to in subsection 72.11(1), and prescribing the form and conditions of the security, which regulations may empower the Board to fix the amount of the security subject to a maximum specified in, or determined in accordance with, those regulations;
(4) Subparagraph 90.3(1)(p)(ii) of the Act is replaced by the following:
(ii) to submit to the Board, on a regular monthly, quarterly, semi-annual or annual basis, reports on any of their operations to which this Part applies, and specifying the information to be contained in them;
(5) Subparagraphs 90.3(1)(q)(i) and (ii) of the Act are replaced by the following:
(i) to submit representative samples of the waste to the Board for analysis, or
(ii) to analyse representative samples of the waste and submit the results of the analysis to the Board;
(6) Subparagraph 90.3(2)(a)(i) of the Act is replaced by the following:
(i) for the filing of any application with the Board, and
(7) Paragraph 90.3(2)(c) of the Act is replaced by the following:
(c) prescribing the form of the register to be maintained by the Board under section 68 and the information to be entered in it;
184. The portion of section 91 of the Act before paragraph (a) is replaced by the following:
Marginal note:Rules
91. The Board may make rules
185. The Act is amended by adding the following after section 91:
Orders
Marginal note:Reservation of lands from disposition
91.1 (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.
186. The portion of subsection 91.1(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Reservation of water rights
(2) The Governor in Council may, by order and for a specified period or otherwise, direct the 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,
Marginal note:2005, c. 1, s. 53(1)
187. (1) Subsection 92(1) of the Act is replaced by the following:
Marginal note:Principal offences — land use
92. (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.
(2) Subsection 92(3) of the Act is repealed.
(3) Subsection 92(4) of the Act is replaced by the following:
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.
188. The Act is amended by adding the following after section 92:
Marginal note:Principal offences — water use and waste deposit
92.01 (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.
Marginal note:Offences — type A licensees
92.02 (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.
Marginal note:Offences — type B licensees
92.03 (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.
Marginal note:Other offences — water use and waste deposit
92.04 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.
Marginal note:Continuing offences
92.05 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.
189. (1) Section 92.1 of the Act is amended by adding the following after subsection (1):
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.
(2) Subsection 92.1(2) of the English version of the Act is replaced by the following:
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.
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