Northwest Territories Devolution Act (S.C. 2014, c. 2)
Full Document:
Assented to 2014-03-25
190. (1) Section 93 of the Act is replaced by the following:
Marginal note:Deeming — subsequent offence for land use
92.1 (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:Application
(2) Subsection (1) applies 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.
Marginal note:Limitation period or prescription
93. No proceedings in respect of an offence under section 92 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.
(2) Section 93 of the Act is replaced by the following:
Marginal note:Limitation period or prescription
93. 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.
Marginal note:Admissibility of evidence
93.1 (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.
Marginal note:Certificate of analyst
93.2 (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.
191. Subsections 93.1(1) and (2) of the Act are replaced by the following:
Marginal note:Admissibility of evidence
93.1 (1) In proceedings for an offence under this Part, a certificate, report or other document of the federal Minister, the 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, the 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:2005, c. 1, s. 54
192. Section 95 of the Act is replaced by the following:
Marginal note:Fees
95. Despite subsection 72.03(1) or any territorial law, the Gwich’in and Sahtu First Nations and the Tlicho 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 or Tlicho lands, as the case may be.
Marginal note:2000, c. 32, s. 68(1); 2005, c. 1, ss. 55, 56, 57(F), 58, 59(1) and (2)(E) and 60 to 63
193. Part 4 of the Act is repealed.
194. (1) The definition “licence” in subsection 96(1) of the Act is replaced by the following:
“licence”
« permis d’utilisation des eaux »
“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.
(2) Section 96 of the Act is amended by adding the following after subsection (3):
Meaning of “licence”
(4) For the purposes of this Part, a reference to a licence in section 90.3, in the regulations made under that section and in sections 72.02 and 92.02 to 92.04 include a licence as defined in subsection (1).
Marginal note:2005, c. 1, s. 58
195. Subsection 102(1) of the Act is replaced by the following:
Marginal note:Jurisdiction — Board
102. (1) The Board has jurisdiction in respect of all uses of land in the Mackenzie Valley for which a permit is required under Part 3 and in respect of all uses of waters or deposits of waste in the Mackenzie Valley for which a licence is required under Part 3 or any territorial law, as the case may be, and for that purpose the Board has the powers and duties of a board established under Part 3, other than powers under sections 78, 79 and 79.2 to 80.1, as if a reference in that Part to a management area were a reference to the Mackenzie Valley, except that, with regard to subsection 61(2), the reference to management area continues to be a reference to Wekeezhii.
196. Section 105 of the Act is repealed.
Marginal note:2005, c. 1, s. 61
197. Subsection 106.1(1) of the Act is replaced by the following:
Marginal note:Requirement to make recommendations
106.1 (1) The Board shall, at the request of the federal Minister, make recommendations to the federal Minister with respect to the amendment of this Act or the making or amendment of any instrument under this Act.
198. Section 110 of the Act is replaced by the following:
Marginal note:Inspector
110. An inspector designated under subsection 84(1) may exercise and shall perform, in relation to the use of land or waters or the deposit of waste, the powers, duties and functions of an inspector under Part 3.
199. (1) The Act is amended by adding the following after section 111:
Marginal note:Federal Minister — powers, duties and functions
111.1 The federal Minister shall exercise the powers and perform the duties and functions of any responsible minister who is a minister of the Crown in right of Canada for the purposes of subsections 130(1) to (3) and sections 131.2, 135 and 137.2.
(2) Section 111.1 of the Act is replaced by the following:
Marginal note:Federal Minister — powers, duties and functions
111.1 The federal Minister shall exercise the powers and perform the duties and functions of any responsible minister who is a minister of the Crown in right of Canada for the purposes of subsections 130(1) to (3), sections 131.2, 135 and 137.2 and subsection 142.21(10).
200. The Act is amended by adding the following after section 112:
Marginal note:Acting after expiry of term
112.1 (1) If the chairperson is of the opinion that it is necessary for a Review Board member to continue to act after the expiry of that member’s term in relation to an environmental assessment, an environment impact review or an examination of impacts on the environment that stands in lieu of an environmental impact review, as the case may be, of a proposal for a development, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that proposal until the requirements of this Part in relation to that environmental assessment, environmental impact review or examination have been fulfilled. For the purpose of the appointment of a replacement, their office is deemed to be vacant as soon as their term expires.
Marginal note:Request
(2) The request shall be made at least two months before the day on which the member’s term expires.
Marginal note:Deemed acceptance
(3) If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.
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