Part 1 of this enactment amends the Mackenzie Valley Resource Management Act to establish an administration and enforcement scheme in Part 5 of that Act that includes the issuance of development certificates. It also adds an administrative monetary penalty scheme and a cost recovery scheme, provides regulation-making powers for both schemes and for consultation with Aboriginal peoples and it allows the Minister to establish a committee to conduct regional studies. Finally, it repeals a number of provisions of the Northwest Territories Devolution Act that, among other things, restructure the regional panels of the Mackenzie Valley Land and Water Board, but that were not brought into force.

Part 2 of the enactment amends the Canada Petroleum Resources Act to allow the Governor in Council to prohibit certain works or activities on frontier lands if the Governor in Council considers that it is in the national interest to do so.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Other requirements to be complied with

7.‍2 For greater certainty, nothing in this Act, the regulations or a licence or permit or development certificate or amended development certificate issued under this Act authorizes a person to contravene or fail to comply with any other Act or any regulation or order made under it, except as provided in that other Act, regulation or order.

Implementation of right of representation of other Aboriginal peoples

15 Despite any provision of this Act respecting members of a board, if an Aboriginal people has a right under a land claim agreement to representation on that board in relation to a decision of the board that might affect an area used by that Aboriginal people that is outside the board’s area of jurisdiction, the board shall, in accordance with that land claim agreement, determine how to implement that right, so long as the number of members who are either nominated by a first nation, nominated or appointed by the Tlicho Government or appointed following consultation by the federal Minister with the first nations of the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii, as the case may be, and who are temporarily appointed to implement that right remains equal to the number of other members not including the chairperson.

Acting after expiry of term

57.‍3 (1) If the chairperson of a board is of the opinion that it is necessary for a member of that board to continue to act after the expiry of the member’s term in order for the board to make a decision in relation to the issuance, amendment, renewal or cancellation of a permit or licence, as the case may be, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that matter until a decision is made. For the purpose of the appointment of a replacement, the office of the member is deemed to be vacant as soon as their term expires.

Request

(2) The request shall be made at least two months before the day on which the member’s term expires.

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.

Final decision

67 Subject to sections 32 and 72.‍13, subsections 125(1.‍2) and (4) and any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of a board is final and binding.

Cost Recovery

Obligation to pay

79.‍4 (1) The applicant or a licensee shall pay to the federal Minister the following amounts and costs relating to the consideration of an application for a licence or for the amendment, renewal or cancellation of a licence:

• (a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of a board or of its members;

• (b) any costs incurred by a board for services that are prescribed by the regulations and that are provided to it by a third party; and

• (c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister.

Debt due to Her Majesty

(2) The amounts and costs that a person is to pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

Consultation des offices

82 Le ministre fédéral est tenu de consulter les offices en ce qui touche les propositions de modification de la présente loi et la prise ou les propositions de modification de ses textes d’application.

Notice

(4) An inspector shall, if it is reasonable to do so, give prior notice of their entry to

• (a) the Gwich’in or Sahtu First Nation, if the entry is on its first nation lands;

• (b) the Tlicho Government, if the entry is on Tlicho lands; or

• (c) the Déline Got’ine Government, if the entry is on Déline lands.

Regulations respecting cost recovery

90.‍31 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the boards, make regulations respecting the recovery of amounts and costs for the purposes of section 79.‍4, including prescribing the amounts and services for the purposes of that section and exempting any class of applicants or licensees from the application of that section.

Regulations respecting consultation

90.‍32 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the boards, make regulations establishing requirements respecting any consultation that may be undertaken under this Part, whether or not it is expressly provided for, by any person or entity with a first nation, the Tlicho First Nation, the Tlicho Government or an Aboriginal people who uses an area outside the Mackenzie Valley, including the manner in which it is to be conducted, and providing for the delegation of certain procedural aspects of that consultation.

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).

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.

Acting after expiry of term

105 (1) If the chairperson of the Board is of the opinion that it is necessary for a member of the Board to continue to act after the expiry of that member’s term in order for the Board to make a decision in relation to the issuance, amendment, renewal or cancellation of a permit or licence, as the case may be, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that matter until a decision is made. For the purpose of the appointment of a replacement, the office of the member is deemed to be vacant as soon as their term expires.

Request

(2) The request shall be made at least two months before the day on which the member’s term expires.

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.

Cost Recovery

Regulations apply

109.‍3 Regulations made under section 90.‍31 apply to the recovery of amounts and costs relating to the consideration of an application for a licence issued by the Board or for the amendment, renewal or cancellation of a licence as if a reference to “licence” in those regulations were a reference to a licence as defined in subsection 96(1).

Consultations

Regulations apply

109.‍4 Regulations made under section 90.‍32 apply to any consultation that is undertaken by any person or entity in relation to the issuance, amendment, renewal, suspension or cancellation of a licence, permit or other authorization by the Board as if a reference to “licence” or “permit” in those regulations were a reference to a licence or permit as defined in subsection 96(1).

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).

Acting after expiry of term

113.‍1 (1) If the chairperson of the Review Board is of the opinion that it is necessary for a member of the Review Board 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 impact 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, the office of the member is deemed to be vacant as soon as their term expires.

Request

(2) The request shall be made at least two months before the day on which the member’s term expires.

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.

Prohibition — person or body carrying out development

117.‍1 (1) The person or body that proposes to carry out a development shall not carry it out, in whole or in part, unless

• (a) subject to subsection (2), the person or body receives a notice under subsection 124(1.‍1) in respect of the development;

• (b) subject to subsection (2), the development is exempted from preliminary screening under subsection 124(2);

• (c) subject to subsection (2), the person or body receives a copy of a report under subsection 125(6) stating that the development will not be a cause of public concern and either will not have a significant adverse impact on the environment or, in the case of a proposed development that is wholly within the boundaries of a local government, is unlikely to have a significant adverse impact on air, water or renewable resources;

• (d) in the case of a proposal for a development that is the subject of an environmental assessment under section 126, the person or body carries it out in accordance with the conditions included in a development certificate issued under section 131.‍3, or an amended development certificate issued under subsection 142.‍21(17), with respect to that development; or

• (e) in the case of a proposal for a development that is the subject of an environmental impact review under section 132, or an examination under section 138, 140 or 141, the person or body carries it out in accordance with the conditions included in a development certificate issued under section 137.‍4, or an amended development certificate issued under subsection 142.‍21(17), with respect to that development.

No contravention

(2) A person or body may carry out a development, in whole or in part, if it is carried out within the period

• (a) starting on the day on which

  • (i) the person or body receives a notice under subsection 124(1.‍1) with respect to the development,

  • (ii) the development is exempted from preliminary screening under subsection 124(2), or

  • (iii) the person or body receives a copy of a report under subsection 125(6) containing the conclusions set out in paragraph (1)‍(c) with respect to the development; and

• (b) ending on the day on which that person or body receives notice of a referral to an environmental assessment under subsection 126(5).

Exception

(3) Subsection (1) does not apply if section 119 applies.

Notice of exemption

(1.‍1) If the development is exempted from preliminary screening for a reason referred to in paragraph (1)‍(a) or (b), the regulatory authority or designated regulatory agency shall so notify the person or body that proposes to carry out the development in writing.

Delay

(1.‍1) If the body determines under subsection (1) that the development will not have a significant adverse impact on the environment and will not be a cause of public concern,

• (a) a regulatory authority, a designated regulatory agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination; or

• (b) if no licence, permit or other authorization is required under any federal, territorial or Tlicho law for the development, the person or body that proposes to carry it out shall not proceed before the end of 10 days after the day on which the Review Board receives the report of the determination.

Boards established under Part 3 or 4

(1.‍2) If a board established under Part 3 or 4 is the body that determines under subsection (1) that the development will not have a significant adverse impact on the environment and will not be a cause of public concern, that board may issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination but that licence, permit or other authorization shall come into force only after the end of that 10-day period and if no referral under subsection 126(2) or (3) has been made during that period.

Computation of time

(1.‍3) If more than one body conducts a preliminary screening in respect of a development and they each determine that the development will not have a significant adverse impact on the environment and will not be a cause of public concern, the 10-day period referred to in subsections (1.‍1) and (1.‍2) begins after the day on which the Review Board receives the last of their reports of determination.

Delay

(3) If a body determines under subsection (2) that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern,

• (a) a regulatory authority, a designated regulatory agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination; or

• (b) if no licence, permit or other authorization is required under any federal, territorial or Tlicho law for the development, the person or body that proposes to carry it out shall not proceed before the end of 10 days after the day on which the Review Board receives the report of the determination.

Boards established under Part 3 or 4

(4) If a board established under Part 3 or 4 is the body that determines under subsection (2) that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern, that board may issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination but that licence, permit or other authorization shall come into force only after the end of that 10-day period and if no referral under subsection 126(2) or (3) has been made during that period.

Computation of time

(5) If more than one body conducts a preliminary screening in respect of a development and they each determine that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern, the 10-day period referred to in subsections (3) and (4) begins after the day on which the Review Board receives the last of their reports of determination.

Copy of report

(6) A body that conducts a preliminary screening of a proposal shall provide a copy of its report to the person or body that proposes to carry out the development.

Effect of decision

(5) The federal Minister and responsible ministers shall carry out a decision made under this section to the extent of their respective authorities. In addition, a first nation, local government, regulatory authority or department or agency of the federal or territorial government affected by a decision made under this section shall act in conformity with the decision — including by implementing the conditions set out in a development certificate issued under section 131.‍3, or an amended development certificate issued under subsection 142.‍21(17), in relation to the proposed development — to the extent of their respective authorities.

Provision of decision

(1.‍7) The designated regulatory agency shall provide a decision made under subsection (1) to the Review Board.

Provision of decision

(1.‍1) The Tlicho Government shall provide a decision made under subsection (1) to the Review Board.

Development certificate

131.‍3 (1) The Review Board shall issue a development certificate to the person or body that proposes to carry out the development if

• (a) the Review Board has made a determination under paragraph 128(1)‍(a) relating to that development and neither an order nor a referral is made under either paragraph 130(1)‍(a) or (c) relating to that development within 10 days after the day on which the Review Board receives confirmation that the federal Minister received its report relating to that determination made under subsection 128(2); or

• (b) the federal Minister and the responsible ministers adopt, under paragraph 130(1)‍(b), with or without modifications, the Review Board’s recommendation made under subparagraph 128(1)‍(b)‍(ii) and neither the designated regulatory agency nor the Tlicho Government rejects that recommendation under paragraph 131(1)‍(b) or 131.‍1(1)‍(b), respectively.

Content of certificate

(2) A development certificate shall indicate that the environmental assessment of the development has been completed and that the person or body that proposes to carry out the development may carry it out if they comply with the conditions set out in the certificate, obtain any licence, permit or other authorization required under any Act of Parliament or any territorial law or Tlicho law and comply with any other requirements set out in such an Act or law.

Conditions

(3) A development certificate issued under paragraph (1)‍(b) shall set out the conditions that the person or body that proposes to carry out the development is to comply with, namely, the implementation of the following measures:

• (a) if the federal Minister and the responsible ministers agree to adopt, without modifications, a recommendation made under subparagraph 128(1)‍(b)‍(ii), the measures that are to be implemented, in whole or in part, by that person or body as specified in the recommendation; or

• (b) if the federal Minister and the responsible ministers agree to adopt a recommendation made under subparagraph 128(1)‍(b)‍(ii) with modifications, the measures that are to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under subparagraph 130(1)‍(b)‍(ii).

Time limit

(4) A development certificate shall be issued,

• (a) in the case of paragraph (1)‍(a), within 20 days after the expiry of the 10-day time limit set out in that paragraph; or

• (b) in the case of paragraph (1)‍(b), within 30 days after the first day on which the Review Board has received all applicable decisions.

Extension of time limit

(5) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (4) by a maximum of 45 days to take into account circumstances that are specific to the proposal.

Provision of certificate

(6) The Review Board shall provide a copy of the development certificate to the federal Minister and to every first nation, local government, regulatory authority and department and agency referred to in subsection 130(4).

Statutory Instruments Act

(7) Development certificates are not statutory instruments for the purposes of the Statutory Instruments Act.

Duty — regulatory authorities

131.‍4 Each regulatory authority shall, to the extent of its authority to do so, incorporate the conditions referred to in subsection 131.‍3(3) into any licence, permit or other authorization that it issues, amends or renews.

Distribution of decision

136 (1) The federal Minister shall distribute a decision made under section 135 to the Review Board and to every first nation, local government, regulatory authority and department or agency of the territorial or federal government affected by the decision.

Effect of decision

(2) The federal Minister and responsible ministers shall carry out a decision made under section 135 to the extent of their respective authorities. In addition, a first nation, local government, regulatory authority or department or agency of the federal or territorial government affected by a decision made under that section shall act in conformity with the decision — including by implementing the conditions set out in a development certificate issued under section 137.‍4, or an amended development certificate issued under subsection 142.‍21(17), in relation to the proposed development — to the extent of their respective authorities.

Provision of decision

(2.‍1) The designated regulatory agency shall provide a decision made under subsection (1) to the Review Board.

Provision of decision

(2.‍1) The Tlicho Government shall provide a decision made under subsection (1) to the Review Board.

Development certificate

137.‍4 (1) The Review Board shall issue a development certificate to the person or body that proposes to carry out the development if

• (a) the federal Minister and the responsible ministers adopt, under subsection 135(1), with or without modifications, the review panel’s recommendation, set out in the report made under subsection 134(2), that the proposal for the development be approved, with or without mitigative or remedial measures or a follow-up program, and neither the designated regulatory agency nor the Tlicho Government rejects that recommendation under paragraph 137(1)‍(b) or 137.‍1(1)‍(b), respectively; or

• (b) the federal Minister and the responsible ministers reject, under subsection 135(1), the review panel’s recommendation, set out in the report made under subsection 134(2), that the proposal for the development be rejected and, if applicable, the designated regulatory agency and the Tlicho Government reject that recommendation under paragraph 137(1)‍(b) or 137.‍1(1)‍(b), respectively.

Content of certificate

(2) A development certificate shall indicate that the environmental impact review of the development has been completed and that the person or body that proposes to carry out the development may carry it out if they comply with the conditions set out in the certificate, obtain any licence, permit or other authorization required under any Act of Parliament or any territorial law or Tlicho law and comply with any other requirements set out in such an Act or law.

Conditions

(3) A development certificate shall set out the conditions that the person or body that proposes to carry out the development is to comply with, namely, the implementation of the following measures or programs:

• (a) if the federal Minister and the responsible ministers agree to adopt, without modifications, a recommendation made under subsection 134(2) to approve the proposal for the development with mitigative or remedial measures or a follow-up program, the measures or the program that is to be implemented, in whole or in part, by that person or body as specified in the recommendation;

• (b) if the federal Minister and the responsible ministers agree to adopt, with modifications, a recommendation made under subsection 134(2) to approve the proposal for the development with mitigative or remedial measures or a follow-up program, the measures or the program that is to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under paragraph 135(1)‍(b);

• (c) if the federal Minister and the responsible ministers agree to adopt, with modifications, a recommendation made under subsection 134(2) to approve the proposal for the development without mitigative or remedial measures or a follow-up program, the measures or the program that is to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under paragraph 135(1)‍(b); or

• (d) if the federal Minister and the responsible ministers agree to reject a recommendation made under subsection 134(2) to reject the proposal for the development, the mitigative or remedial measures or the follow-up program that is to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under paragraph 135(1)‍(b).

Time limit

(4) A development certificate shall be issued within 30 days after the first day on which the Review Board has received all applicable decisions.

Extension of time limit

(5) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (4) by a maximum of 45 days to take into account circumstances that are specific to the proposal.

Provision of certificate

(6) The Review Board shall provide a copy of the development certificate to the federal Minister and to every first nation, local government, regulatory authority and department and agency referred to in subsection 136(2).

Statutory Instruments Act

(7) Development certificates are not statutory instruments for the purposes of the Statutory Instruments Act.

Duty — regulatory authorities

137.‍5 Each regulatory authority shall, to the extent of its authority to do so, incorporate the conditions referred to in subsection 137.‍4(3) into any licence, permit or other authorization that it issues, amends or renews.

Provisions applicable

(2) An examination by a review panel referred to in subsection (1) stands in lieu of an environmental impact review of the proposal and paragraphs 134(1)‍(b), (d) and (e) and sections 135 to 137.‍2 and 137.‍4 apply, with any modifications that are required, in respect of the examination, except that a recommendation of a panel shall not be referred back to the panel for further consideration.

Provisions applicable

(4) An examination by a joint panel established under subsection (2) stands in lieu of an environmental impact review of the proposal and paragraphs 134(1)‍(b), (d) and (e) and sections 135 to 137.‍2 and 137.‍4 apply, with any modifications that are required, in respect of the examination, except that a recommendation of a panel shall not be referred back to the panel for further consideration.

Provisions applicable

(6) An examination by a review panel or joint panel referred to in subsection (2) or (3) stands in lieu of an environmental impact review of the proposal referred to in that subsection and paragraphs 134(1)‍(b), (d) and (e) and sections 135 to 137.‍2 and 137.‍4 apply, with any modifications that are required, in respect of the examination, except that a recommendation of a panel shall not be referred back to the panel for further consideration.

Cost Recovery

Obligation to pay

142.‍01 (1) The person or body that proposes to carry out the development shall pay to the federal Minister the following amounts and costs relating to an environmental assessment, an environmental impact review or an examination — carried out by a review panel, or a joint panel, established jointly by the Review Board and any other person or body — that stands in lieu of an environmental impact review:

• (a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Review Board or its members or of members of the Review Board’s review panels or of a review panel or a joint panel;

• (b) any costs incurred by the Review Board for services that are prescribed by the regulations and that are provided to it by a third party; and

• (c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister.

Scope

(2) For the purposes of subsection (1), the services, powers, duties or functions described in that subsection are limited to those provided, exercised or performed

• (a) during the period that begins when a proposed development is referred to the Review Board under section 125, or when a person or body that proposes to carry out a development is given notice under subsection 126(5), and ends when a copy of the final decision under the process set out in this Part is issued to that person or body; or

• (b) during any period prescribed by the regulations that is within the period referred to in paragraph (a).

Debt due to Her Majesty

(3) The amounts and costs that a person or body that proposes to carry out a development is to pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

Amendment of Certificate

Examination

142.‍21 (1) With the approval of the federal Minister, the Review Board may, on its own initiative or at the request of the person or body to which a development certificate was issued under section 131.‍3 or 137.‍4 or any interested person, examine the conditions of that certificate if

• (a) the conditions are not achieving their intended purpose or are having effects that are significantly different from those anticipated at the time the certificate was issued;

• (b) the circumstances relating to the development are significantly different from those anticipated at the time the certificate was issued; or

• (c) technological developments or new information provides a more efficient method of achieving the intended purpose of the conditions.

Minister’s initiative

(2) The Review Board shall examine the conditions set out in a development certificate that it has issued if the federal Minister is of the opinion that any of paragraphs (1)‍(a) to (c) applies and so advises the Review Board.

Notice

(3) The Review Board shall notify the person or body and the federal Minister in writing of an examination undertaken under subsection (1) or the person or body of an examination undertaken under subsection (2).

Conduct of examination

(4) The Review Board may conduct its examination of the conditions in the manner that it considers appropriate in the circumstances.

Report

(5) Within five months after the day on which the federal Minister gives the Review Board his or her approval under subsection (1) or advises the Review Board of his or her opinion under subsection (2), the Review Board shall submit a written report to the federal Minister that contains

• (a) an assessment of the conditions in force; and

• (b) its recommendations as to the conditions that should apply in respect of the development.

Extension of time limit by federal Minister

(6) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (5) by a maximum of two months to take into account circumstances that are specific to the development.

Extension of time limit by Governor in Council

(7) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (6) any number of times.

Excluded period

(8) If the Review Board requires the person or body to which the development certificate in question was issued to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the Review Board’s opinion, to comply with the requirement is not included in the calculation of the time limit or of its extension.

Report to ministers

(9) The federal Minister shall distribute the Review Board’s report to every responsible minister.

Ministers’ decision

(10) The federal Minister and the responsible ministers may agree, in respect of each recommendation in that report, either to

• (a) accept it;

• (b) refer it back to the Review Board for further consideration; or

• (c) after consulting the Review Board, adopt it with modifications.

Distribution of decision

(11) The federal Minister shall distribute a decision made under subsection (10) to the Review Board and to every first nation, local government, regulatory authority and department and agency of the federal or territorial government affected by the decision.

Time limits

(12) The federal Minister shall distribute a decision made under this section within three months after the day on which the federal Minister receives the Review Board’s report under subsection (5).

Extension of time limit by federal Minister

(13) The federal Minister may extend the time limit referred to in subsection (12) by a maximum of two months to take into account circumstances that are specific to the development.

Extension of time limit by Governor in Council

(14) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (13) any number of times.

Time limit — further consideration

(15) If a recommendation is referred back to the Review Board for further consideration under paragraph (10)‍(b), the time taken for that referral and consideration is included in the calculation of the time limit set out in subsection (12) or of its extension.

Excluded period

(16) If the federal Minister or the Review Board requires the person or body to which the development certificate in question was issued to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the federal Minister’s or the Review Board’s opinion, as the case may be, to comply with the requirement is not included in the calculation of the time limit under subsection (12) or of its extension.

Amended development certificate

(17) Within 30 days after the day on which the Review Board receives the decision under subsection (10), it shall issue an amended development certificate that sets out the conditions contained in that decision.

Application

(18) Subsections 131.‍3(2), (6) and (7) or subsections 137.‍4(2), (6) and (7) apply, as the case may be, to an amended development certificate.

Duty — regulatory authorities

142.‍22 Each regulatory authority shall, to the extent of its authority to do so, incorporate the conditions referred to in subsection 142.‍21(17) into any licence, permit or other authorization that it issues, amends or renews.

Developments not Carried Out

Development certificate not valid

142.‍23 (1) A development certificate issued under section 131.‍3 or 137.‍4 ceases to be valid five years after the day on which it is issued, if the proposed development for which the certificate is issued is not commenced within those five years.

Amended development certificate not valid

(2) An amended development certificate issued under subsection 142.‍21(17) ceases to be valid five years after the day on which the certificate in relation to that development is issued under section 131.‍3 or 137.‍4, as the case may be, if the proposed development for which the certificate is issued is not commenced within those five years.

Prohibition

(3) It is prohibited to carry out a proposed development, in whole or in part, if the development certificate or amended development certificate issued in relation to it has ceased to be valid.

New environmental assessment

(4) If a development certificate or amended development certificate has ceased to be valid, the person or body that proposes to carry out the development may make a request to the Review Board that it conduct a new environmental assessment of the proposed development and, in that case, the proposal is deemed to be referred to the Review Board under section 125.

Consideration of previous assessment activities

(5) In conducting the new environmental assessment, the Review Board shall consider, and may rely on, any assessment activities previously carried out under this Part in respect of the proposed development.

Administration and Enforcement

Designation

142.‍24 The federal Minister may designate any qualified person, or a class of qualified persons, as an inspector to exercise powers relating to verifying compliance or preventing non-compliance with this Part and orders made under section 142.‍29.

Powers

142.‍25 (1) An inspector may, for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 142.‍29, enter a place in which they have reasonable grounds to believe that a development is being carried out or a document or any thing relating to a development is located.

(2) The inspector may, for the purposes referred to in subsection (1),

• (a) examine anything in the place;

• (b) use any means of communication in the place or cause it to be used;

• (c) use any computer system in the place or cause it to be used to examine data contained in or available to that system;

• (d) prepare a document or cause one to be prepared based on the data;

• (e) use any copying equipment in the place or cause it to be used;

• (f) remove anything from the place for examination or copying;

• (g) take photographs and make recordings or sketches;

• (h) order the owner or person in charge of the place or any person at the place to establish their identity to the inspector’s satisfaction or to stop or start an activity;

• (i) order the owner or person having possession, care or control of anything in the place to not move it or to restrict its movement for as long as, in the inspector’s opinion, is necessary;

• (j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and

• (k) prohibit or limit access to all or part of the place.

(3) The federal Minister shall provide every inspector with a certificate of designation. On entering any place, the inspector shall, if so requested, produce the certificate to the occupant or person in charge of the place.

(4) The owner or person in charge of the place and every person in it shall give all assistance that is reasonably required to enable the inspector to verify compliance or prevent non-compliance with this Part or orders made under section 142.‍29 and shall provide any documents, data or information that are reasonably required for that purpose.

(5) An inspector shall, if it is reasonable to do so, give prior notice of their entry to

• (a) the Gwich’in or Sahtu First Nation, if the entry is on its first nation lands;

• (b) the Tlicho Government, if the entry is on Tlicho lands.

142.‍26 (1) If the place referred to in subsection 142.‍25(1) is a dwelling-house, the inspector may only enter it with the occupant’s consent or under the authority of a warrant issued under subsection (2).

(2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspector who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that

• (a) the dwelling-house is a place referred to in subsection 142.‍25(1);

• (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 142.‍29; and

• (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

142.‍27 (1) For the purpose of gaining entry to a place referred to in subsection 142.‍25(1), an inspector may enter and pass through private property. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.

(2) A person may, at the inspector’s request, accompany the inspector to assist them in gaining entry to the place referred to in subsection 142.‍25(1) and is not liable for doing so.

142.‍28 In executing a warrant to enter a dwelling-house, an inspector is not permitted to use force unless the use of force has been specifically authorized in the warrant and the inspector is accompanied by a peace officer.

Orders

142.‍29 (1) If an inspector has reasonable grounds to believe that there is a contravention of this Part, they may, among other things, order a person to

• (a) stop doing something that is in contravention of this Part or cause it to be stopped; or

• (b) take any measure that is necessary in order for the person to comply with this Part or to mitigate the effects of the contravention.

(2) The order shall be provided in the form of a written notice and shall include

• (a) a statement of the reasons for the order; and

• (b) the time and manner in which the order is to be carried out.

142.‍3 (1) If a person does not comply with an order made under section 142.‍29 within the time specified, the inspector may, on their own initiative, take the measures specified in the order.

(2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada in the taking of measures under subsection (1) constitutes a debt due to Her Majesty recoverable from the person in a court of competent jurisdiction.

Coordination

142.‍31 An inspector shall coordinate their activities with those of any inspector designated under Part 3 and any person designated for the purposes of verifying compliance or preventing non-compliance with any other Act of Parliament or territorial law so as to ensure efficiency and avoid duplication.

• (h) respecting the recovery of amounts and costs for the purposes of section 142.‍01, including prescribing the amounts, services and period for the purposes of that section and exempting any class of person or body that proposes to carry out the development from the application of that section; and

• (i) establishing requirements respecting any consultation that may be undertaken under this Part, whether or not it is expressly provided for, with a first nation, the Tlicho First Nation, the Tlicho Government or an Aboriginal people who uses an area outside the Mackenzie Valley, including the manner in which it is to be conducted, and providing for the delegation of certain procedural aspects of that consultation.

Consultation with Review Board

(2) Regulations may only be made under any of paragraphs (1)‍(a) and (d) to (i), and regulations made under paragraph (1)‍(b) or (c) may only be amended, following consultation by the federal Minister with the Review Board.

Consultation with boards established under Parts 3 and 4

(2.‍1) In addition, the federal Minister shall consult the boards established under Parts 3 and 4 before making or amending any regulations under paragraph (1)‍(i) that relate to any consultation undertaken by one of those boards in relation to a preliminary screening.

Incorporation by reference — limitation removed

143.‍1 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.

Prohibitions, Offences and Punishment

Obstruction

144.‍01 It is prohibited to knowingly obstruct or hinder an inspector who is exercising their powers or performing their duties and functions under this Part.

False statements or information

144.‍02 It is prohibited to knowingly make a false or misleading statement or knowingly provide false or misleading information in connection with any matter under this Part to any person who is exercising their powers or performing their duties and functions under this Part.

Offence

144.‍03 (1) Every person or body that proposes to carry out a development and that contravenes section 117.‍1 and every person who contravenes subsection 142.‍23(3) or an order made under subsection 142.‍29(1) is guilty of an offence and 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.

Obstruction or false statements or information

(2) Every person who contravenes section 144.‍01 or 144.‍02 is guilty of an offence and is liable on summary conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both.

Continuing offences

(3) An offence under subsection (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.

Due diligence defence

(4) No one is to be convicted of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.

Limitation period or prescription

144.‍04 No proceedings in respect of an offence under this Part 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.

Admissibility of evidence

144.‍05 (1) In proceedings for an offence under this Part, a certificate, report or other document of the federal Minister, the Review Board, a regulatory authority, a designated regulatory agency or an inspector that is purported to have been signed by that person, board or authority 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.

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 Review Board, a regulatory authority, a designated regulatory agency or an inspector that appears to have been certified under the signature of that person, board or authority 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.

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.

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.

PART 5.‍1 

Administrative Monetary Penalties

Interpretation

144.‍1 The following definitions apply in this Part.

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

inspector means a person designated as an inspector under section 84 or 142.‍24.‍ (inspecteur)

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

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

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)

Federal Minister’s Powers

144.‍11 (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.

(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.

Violations

144.‍12 Inspectors are authorized to issue notices of violation.

144.‍13 (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.

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

144.‍14 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.

144.‍15 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.

144.‍16 (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.

(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.

(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.

Rules About Violations

144.‍17 (1) A person named in a notice of violation does not have a defence by reason that the person

• (a) exercised due diligence to prevent the commission of the violation; or

• (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

144.‍18 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

144.‍19 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act.

(2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

144.‍2 No notice of violation is to be issued more than two years after the day on which the federal Minister becomes aware of the acts or omissions that constitute the alleged violation.

Reviews

144.‍21 A person who is served with a notice of violation may, within 30 days after the notice is served or within any longer period prescribed by the regulations, make a request to the review body for a review of the facts of the violation or the amount of the penalty, or both.

144.‍22 At any time before a request for a review in respect of a notice of violation is received by the review body, an inspector may cancel the notice of violation or correct an error in it.

144.‍23 On receipt of a request for a review in respect of a notice of violation, the review body shall conduct the review.

144.‍24 (1) If the review body is a board, it may, when conducting its review, summon any person to appear as a witness and order the witness to give evidence orally or in writing and produce any documents and things that it considers necessary for the purpose of the review.

(2) Any summons issued or order made under subsection (1) may be made a summons or an order of the Federal Court or of the superior court of a province and is enforceable in the same manner as a summons or an order of that court.

(3) To make a summons issued or an order made under subsection (1) a summons or an order of the Federal Court or of the superior court of a province, the usual practice and procedure of the court in such matters may be followed or a certified copy of the summons or order may be filed with the court’s registrar and the summons or order then becomes a summons or an order of that court.

(4) A witness who is served with a summons is entitled to receive the fees and allowances to which persons who are summoned to appear as witnesses before the Federal Court are entitled.

144.‍25 (1) The review body shall determine, as the case may be, whether the person committed the violation or whether the amount of the penalty for the violation was determined in accordance with the regulations, or both.

(2) If the review body determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the review body shall correct it.

(3) If the facts of a violation are reviewed, the inspector who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it.

(4) The review body shall make a determination in writing, with reasons, and cause it to be served on the person who requested the review.

(5) A determination made under this section by a board acting as a review body is final and binding and, except for judicial review under section 32, is not subject to appeal or to review by any court.

(6) A determination made under this section by the federal Minister acting as a review body is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.

(7) If the review body determines that the person who requested the review committed the violation, the person who requested the review is liable to the penalty as set out in the determination.

(8) The review body shall, without delay after making the determination, provide a copy of it to

• (a) the federal Minister, if the review body is a board; or

• (b) the board to which a copy of the notice of violation was provided under subsection 144.‍16(3), if the review body is the federal Minister.

Responsibility

144.‍26 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.

144.‍27 A person who neither pays the penalty within the period set out in the notice of violation — nor requests a review within the period referred to in section 144.‍21 — is considered to have committed the violation and is liable to the penalty.

Recovery of Penalties

144.‍28 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

(2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable.

144.‍29 (1) The federal Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 144.‍28(1).

(2) Registration in any court of competent jurisdiction of a certificate of non-payment has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

General

144.‍3 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 144.‍16(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

144.‍31 (1) Subject to subsection (2) and any regulations, the board that received a copy of the notice of violation under subsection 144.‍16(3) — whether acting as a review body or not — may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.

(2) The board may only make that information public if

• (a) the person named in the notice of violation has paid the penalty set out in the notice;

• (b) the person has not requested a review within the period referred to in section 144.‍21; or

• (c) the review body has determined that the person who requested the review committed the violation.

PART 5.‍2 

Regional Studies

Committee Studying Impact of Works and Activities

144.‍32 (1) The federal Minister may establish a committee to conduct a study of the impact of existing or future works or activities carried out in a region of the Mackenzie Valley.

(2) The federal Minister shall appoint one or more persons as members of the committee.

(3) The federal Minister shall establish the committee’s terms of reference after seeking and considering the advice of the territorial government and, if the study examines works or activities affecting any first nation or the Tlicho First Nation, the advice of that first nation or the Tlicho Government, as the case may be.

144.‍33 (1) A person shall not be appointed, or continue, as a member of the committee if doing so would place them in a material conflict of interest.

(2) A person is not placed in a material conflict of interest merely because of any status or entitlement conferred on them under the Gwich’in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and Her Majesty in right of Canada for the settlement of a land claim.

144.‍34 The federal Minister, if he or she considers it appropriate, may enter into an agreement or arrangement with any person or body that possesses knowledge or expertise that is relevant to the study to participate in the study.

144.‍35 In conducting its study, the committee shall consider any traditional knowledge and scientific information that is made available to it.

144.‍36 Subject to any other federal or territorial law, the committee may obtain, from any board established by this Act or from any department or agency of the federal or territorial government, any information in the possession of the board, department or agency that is required for it to conduct its study.

Joint Committee

144.‍37 If the federal Minister is of the opinion that it is appropriate to conduct a study of the impact of existing or future works or activities carried out in a region of the Mackenzie Valley and in a region contiguous to it, the federal Minister may enter into an agreement or arrangement with an authority responsible for the examination of environmental effects in that region respecting the establishment of a joint committee to conduct the study and the manner in which the study is to be conducted.

Report

144.‍38 On completion of its study, the committee or joint committee shall provide a report to the federal Minister, who shall make it available to the public.

144.‍39 The report must be considered in the exercise or performance under this Act of any powers, duties or functions of the boards established under subsections 36(1), 38(1), 54(1), 56(1), 57.‍1(1) and 99(1), the Mackenzie Valley Environmental Impact Review Board, its review panels, or a review panel or a joint panel established jointly by the Review Board and any other person or body, and of any body conducting a preliminary screening of a proposal for a development under section 124.

• (e) a joint panel established under subsection 140(2) or paragraph 141(2)‍(b) or (3)‍(a) of the other Act or a review panel referred to in subsection 40(2) of the Impact Assessment Act.

Orders to prohibit activities in certain circumstances

12 (1) The Governor in Council may, by order, prohibit any interest owner or any other person from commencing or continuing any work or activity authorized under the Canada Oil and Gas Operations Act on the frontier lands, or any portion of them, if the Governor in Council considers that it is in the national interest to do so or that it is necessary in any of the following circumstances: