Bill C-15

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C-15

Second Session, Forty-first Parliament,

62-63 Elizabeth II, 2013-2014

HOUSE OF COMMONS OF CANADA

BILL C-15

An Act to replace the Northwest Territories Act to implement certain provisions of the Northwest Territories Lands and Resources Devolution Agreement and to repeal or make amendments to the Territorial Lands Act, the Northwest Territories Waters Act, the Mackenzie Valley Resource Management Act, other Acts and certain orders and regulations

AS PASSED

BY THE HOUSE OF COMMONS
FEBRUARY 14, 2014

90714

RECOMMENDATION

His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to replace the Northwest Territories Act to implement certain provisions of the Northwest Territories Lands and Resources Devolution Agreement and to repeal or make amendments to the Territorial Lands Act, the Northwest Territories Waters Act, the Mackenzie Valley Resource Management Act, other Acts and certain orders and regulations”.

SUMMARY

Part 1 enacts the Northwest Territories Act and implements certain provisions of the Northwest Territories Lands and Resources Devolution Agreement. It also amends and repeals other Acts and certain orders and regulations.

Part 2 amends the Territorial Lands Act to modify the offence and penalty regime and create an administrative monetary penalty scheme. It also adds inspection powers.

Part 3 amends the Northwest Territories Waters Act to make changes to the jurisdiction and structure of the Inuvialuit Water Board, to add a regulation-making authority for cost recovery, to establish time limits with respect to the making of certain decisions, to modify the offence and penalty regime, to create an administrative monetary penalty scheme and to make other changes.

Part 4 amends the Mackenzie Valley Resource Management Act to consolidate the structure of the Mackenzie Valley Land and Water Board, to establish time limits for environmental assessments and reviews and to expand ministerial policy direction to land use planning boards and the Mackenzie Valley Environmental Impact Review Board. This Part also amends the administration and enforcement provisions of Part 3 of that Act and establishes an administration and enforcement scheme in Part 5 of that Act, including the introduction of enforceable development certificates. Moreover, it adds an administrative monetary penalty scheme to the Act. Lastly, this Part provides for the establishment of regional studies and regulation-making authorities for, among other things, consultation with aboriginal peoples and for cost recovery and incorporates into that Act the water licensing scheme from the Northwest Territories Waters Act as part of the implementation of the Northwest Territories Lands and Resources Devolution Agreement.

Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca

TABLE OF PROVISIONS

AN ACT TO REPLACE THE NORTHWEST TERRITORIES ACT TO IMPLEMENT CERTAIN PROVISIONS OF THE NORTHWEST TERRITORIES LANDS AND RESOURCES DEVOLUTION AGREEMENT AND TO REPEAL OR MAKE AMENDMENTS TO THE TERRITORIAL LANDS ACT, THE NORTHWEST TERRITORIES WATERS ACT, THE MACKENZIE VALLEY RESOURCE MANAGEMENT, OTHER ACTS AND CERTAIN ORDERS AND REGULATIONS

SHORT TITLE

1. Northwest Territories Devolution Act

PART 1

NORTHWEST TERRITORIES ACT

Enactment of Act

2. Enactment

AN ACT RESPECTING THE NORTHWEST TERRITORIES

SHORT TITLE

1. Northwest Territories Act

INTERPRETATION

2. Definitions

3. Consultation

EXECUTIVE POWER

4. Commissioner

5. Deputy Commissioner

6. Oaths

7. Salaries

8. Executive Council

9. Seat of government

LEGISLATIVE POWER

Legislative Assembly of the Northwest Territories

10. Continuance

11. Duration

12. Oaths

13. Sittings

14. Speaker

15. Quorum

16. Rules

Legislature of the Northwest Territories

17. Continuance

Legislative Powers

18. Subjects

19. Laws — natural resources

20. Laws — access to lands and waters

21. Roads on Tlicho lands

22. Unitization of straddling resources

23. Federal appurtenant undertakings

24. Composition of water board

25. Restrictions on powers

26. Agreement implementation Acts

27. Laws — conservation of wildlife

28. Laws — borrowing, making loans and investing

29. Withholding assent

30. Transmittal of laws

31. Conflicting laws

32. Official Languages Act

33. Amendments concurred in

CONSOLIDATED REVENUE FUND OF THE NORTHWEST TERRITORIES

34. Establishment

35. Recommendation of Commissioner

36. Appropriation of moneys granted by Parliament

PUBLIC ACCOUNTS OF THE NORTHWEST TERRITORIES

37. Fiscal year

38. Submission to Legislative Assembly

39. Form and contents

40. Annual audit

41. Supplementary report

42. Report at Commissioner’s request

43. Auditor General’s powers

ADMINISTRATION OF JUSTICE

Judicature

44. Appointment of judges

45. Tenure of judges

Supreme Court of the Northwest Territories

46. Judges

47. Deputy judges

48. Jurisdiction — civil cases

49. Jurisdiction — criminal cases

Court of Appeal of the Northwest Territories

50. Sittings

PUBLIC LANDS AND WATERS

Administration and Control

51. Public lands — Commissioner

52. Rights in respect of waters

53. Relinquishment by Commissioner

54. Transfer to Commissioner

Restrictions

55. Taking of administration and control by Governor in Council

56. Prohibition order — public lands

57. Prohibition order — waters

58. Consultation — prohibition orders

Compensation

59. No expenditure or compensation

Agreements

60. Management of waters

AMENDING THIS ACT

61. Consultation — Minister

TRANSITIONAL PROVISIONS

62. Ordinances

63. Commissioner

64. Executive Council

65. Council

66. Speaker

67. Judges

68. Definitions

69. Existing interests

70. References to Government of Canada or Minister

71. Pending proceedings

72. Validity of laws of Legislature

73. Indemnification by Government of the Northwest Territories

74. Indemnification by Government of Canada

75. Limitation on indemnification

76. Enforcement actions

77. No waiver — solicitor-client privilege

78. Assignment of contracts

79. Transfer — public property

AMENDMENT TO THIS ACT

80. Repeal — subsection 4(3)

Amendments to Other Acts

3. Access to Information Act

4. Arctic Waters Pollution Prevention Act

5. Canada Evidence Act

6. Canada Water Act

7. Crown Liability and Proceedings Act

8. Electoral Boundaries Readjustment Act

9. Excise Tax Act

10. Federal-Provincial Fiscal Arrangements Act

11. Canadian Human Rights Act

12. Importation of Intoxicating Liquors Act

13. Department of Indian Affairs and Northern Development Act

14. Interpretation Act

15–17. Canada Lands Surveys Act

18. National Energy Board Act

19. Northern Pipeline Act

20–25. Canada Oil and Gas Operations Act

26. Privacy Act

27. Statutory Instruments Act

28. Canada Student Loans Act

29–31. Territorial Lands Act

32. Dominion Water Power Act

33–34. Divorce Act

35–37. Canada Petroleum Resources Act

38. Canadian Multiculturalism Act

39–40. Official Languages Act

41. Hibernia Development Project Act

42. Federal Real Property and Federal Immovables Act

43. Nunavut Act

44–45. Land Titles Repeal Act

46. Oceans Act

47. Canadian Environmental Protection Act, 1999

48–49. Canada Elections Act

50–51. Canada National Parks Act

52. Youth Criminal Justice Act

53. Nunavut Waters and Nunavut Surface Rights Tribunal Act

54. Public Service Labour Relations Act

55. Public Service Employment Act

56–57. Tlicho Land Claims and Self-Government Act

Amendments to the Oaths of Allegiance and Office and Seat of Government Order (N.W.T.)

58–63. Amendments

Coordinating Amendments

64. 2013, c. 14

Repeals

Acts

65. Northwest Territories Act

66. Northwest Territories Waters Act

67. Northwest Territories Surface Rights Board Act

Orders and Regulations

68. Game Declared in Danger of Becoming Extinct

69. Northwest Territories Reindeer Regulations

70. Management of Forests in the Northwest Territories Designation Order

71. Fire Management in the Northwest Territories Designation Order

72. Northwest Territories Archaeological Sites Regulations

Coming into Force

73. Order in council

PART 2

AMENDMENTS TO THE TERRITORIAL LANDS ACT

74–77. Amendments

PART 3

NORTHWEST TERRITORIES WATERS ACT

Amendments to the Act

78–99. Amendments

Transitional Provisions

100–109.

Consequential Amendment to the Mackenzie Valley Resource Management Act

110. Amendment

Coming into Force

111. Order in council

PART 4

MACKENZIE VALLEY RESOURCE MANAGEMENT ACT

Amendments to the Act

112–237. Amendments

Consequential Amendments

238. Access to Information Act

239. Privacy Act

240. Tlicho Land Claims and Self-Government Act

Transitional Provisions

241–252.

Coming into Force

253. Order in council

2nd Session, 41st Parliament,

62-63 Elizabeth II, 2013-2014

house of commons of canada

BILL C-15

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

SHORT TITLE

Short title

1. This Act may be cited as the Northwest Territories Devolution Act.

PART 1

NORTHWEST TERRITORIES ACT

Enactment of Act

Enactment

2. The Northwest Territories Act is enacted as follows:

An Act respecting the Northwest Territories

SHORT TITLE

Short title

1. This Act may be cited as the Northwest Territories Act.

INTERPRETATION

Definitions

2. The following definitions apply in this Act.

“Aboriginal party”
« partie autochtone »

“Aboriginal party” means an Aboriginal organization that is a party to the Agreement.

“Agreement”
« accord »

“Agreement” means the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013, as amended from time to time.

“federal appurtenant undertaking”
« entreprise fédérale en cause »

“federal appurtenant undertaking” means an undertaking in relation to which a use of waters or a deposit of waste is permitted by a licence and that is

(a) related to remediation that is performed by or on behalf of Her Majesty in right of Canada

(i) under the Agreement, or

(ii) in respect of an Excepted Waste Site as defined in section 1.1 of the Agreement; or

(b) located on public lands that are under the administration of a federal minister.

“former Act”
« ancienne loi »

“former Act” means the Northwest Territories Act, chapter N-27 of the Revised Statutes of Canada, 1985.

“gas”
« gaz »

“gas” means natural gas — including coal-bed methane — and all substances other than oil that are produced in association with natural gas.

“Gwich’in Agreement”
« accord gwichin »

“Gwich’in Agreement” means the Agreement as defined in section 2 of the Gwich’in Land Claim Settlement Act.

“Inuvialuit Final Agreement”
« Convention définitive des Inuvialuits »

“Inuvialuit Final Agreement” means the Agreement as defined in section 2 of the Western Arctic (Inuvialuit) Claims Settlement Act.

“line of delimitation”
« ligne de démarcation »

“line of delimitation” means the Line of Delimitation that is described in Schedule 18 to the Agreement.

“minerals”
« ressources minérales »

“minerals” means precious or base metals or other non-living naturally occurring substances— including coal, but not including oil, gas or water — that are, or were before their production, part of the land, whether solid, liquid or gaseous.

“Minister”
« ministre »

“Minister” means the Minister of Indian Affairs and Northern Development.

“Northwest Territories”
« Territoires du Nord-Ouest »

“Northwest Territories” means that part of Canada that is north of the 60th parallel of north latitude, west of the boundary described in Schedule I to the Nunavut Act and not within Yukon.

“oil”
« pétrole »

“oil” means

(a) crude petroleum — regardless of gravity — that is produced at a well-head in liquid form; or

(b) any other hydrocarbons — except coal and gas — including hydrocarbons that may be extracted or recovered from surface or subsurface deposits, including deposits of oil sand, bitumen, bituminous sand or oil shale and other types of deposits.

“onshore”
« région intracôtière »

“onshore” means that part of Canada that is north of the 60th parallel of north latitude, west of the boundary described in Schedule I to the Nunavut Act and not within Yukon that consists of the following lands:

(a) lands, including lands under water, that lie landward of the low-water line — or in respect of Inuvialuit lands as defined in section 2 of the Inuvialuit Final Agreement, landward of the mean or ordinary high-water mark — of the sea coast of the mainland or of the sea coast of any naturally occurring permanent island;

(b) lands under water that are within small enclosed bays along the sea coast of the mainland or the sea coast of any naturally occurring permanent island; and

(c) lands, including lands under water, that lie landward of the line of delimitation and seaward of the low-water line — or in respect of lands that are contiguous with the sea coast of Inuvialuit lands as defined in section 2 of the Inuvialuit Final Agreement, seaward of the mean or ordinary high-water mark — of the sea coast of the mainland.

It does not include lands that lie seaward of the line of delimitation, other than those lands— including lands under water — that lie landward of the low-water line of the sea coast of those naturally occurring permanent islands and those lands under water that are within small enclosed bays along the sea coast of those islands.

“public lands”
« terres domaniales »

“public lands” means

(a) lands — including minerals, oil, gas, timber or wood and buildings, structures, improvements or other fixtures — that are situated in the onshore and that belong to Her Majesty in right of Canada; or

(b) interests — in lands that are situated in the onshore — that belong to Her Majesty in right of Canada.

“Sahtu Agreement”
« accord du Sahtu »

“Sahtu Agreement” means the Agreement as defined in section 2 of the Sahtu Dene and Metis Land Claim Settlement Act.

“self-government agreement”
« accord sur l’autonomie gouvernementale »

“self-government agreement” means an agreement between Her Majesty in right of Canada and an Aboriginal people of the Northwest Territories that is implemented by an Act of Parliament and that recognizes

(a) the legal status and capacity of a governing body to represent that Aboriginal people; and

(b) the authority of that governing body to enact laws.

“settlement agreement”
« entente de règlement »

“settlement agreement” means an agreement that is listed in Schedule 1 to the Agreement.

“settlement lands”
« terres visées par un règlement »

“settlement lands” means lands in the Northwest Territories whose title is vested in an Aboriginal organization under a settlement agreement.

“small enclosed bay”
« petite baie fermée »

“small enclosed bay” means any coastal indentation that meets the following conditions:

(a) the distance of a straight line across the entrance of the indentation at the low-water line measures four kilometres or less; and

(b) the area of the indentation, including any islands or parts of islands lying within the indentation, is greater than that of a semicircle whose diameter is the distance of the straight line referred to in paragraph (a).

“Tlicho Agreement”
« accord tlicho »

“Tlicho Agreement” means the Agreement as defined in section 2 of the Tlicho Land Claims and Self-Government Act.

“waters”
« eaux »

“waters” means any inland waters — whether in a liquid or frozen state — that are on or below the surface of lands that are situated in the onshore.

Consultation

3. Wherever in this Act a reference is made, in relation to any matter, to a duty to consult, that duty must be exercised

(a) by providing the person to be consulted with the following:

(i) notice of the matter in sufficient form and detail to allow the person to prepare their views on the matter,

(ii) a reasonable period for the person to prepare those views, and

(iii) an opportunity to present those views to the person having that duty; and

(b) by considering, fully and impartially, any views so presented.

EXECUTIVE POWER

Commissioner

4. (1) A Commissioner of the Northwest Territories must be appointed by order of the Governor in Council.

Publication of order

(2) The order appointing the Commissioner must be published in the Canada Gazette.

Instructions

(3) The Commissioner must act in accord-ance with any written instructions given to him or her by the Governor in Council or the Minister.

Instructions laid before Legislative Assembly of the Northwest Territories

(4) The Commissioner must, as soon as possible after receiving written instructions, make them available to the Executive Council of the Northwest Territories and cause them to be laid before the Legislative Assembly of the Northwest Territories, but the written instructions are effective when they are made.

Deputy Commissioner

5. (1) The Governor in Council may appoint a Deputy Commissioner to act as Commissioner during the Commissioner’s absence or inability or when that office is vacant.

Absence, inability or vacancy

(2) The senior judge, within the meaning of subsection 22(3) of the Judges Act, of the Supreme Court of the Northwest Territories is authorized to act as Deputy Commissioner during the Deputy Commissioner’s absence or inability or when that office is vacant.

Oaths

6. Before assuming office, the Commissioner and the Deputy Commissioner must take and subscribe the oath of office and the oath of allegiance prescribed by the Governor in Council.

Salaries

7. The salary of the Commissioner and of the Deputy Commissioner are to be fixed by the Governor in Council and paid out of the Consolidated Revenue Fund of Canada.

Executive Council

8. An Executive Council of the Northwest Territories is established, the members of which are to be appointed by the Commissioner.

Seat of government

9. The seat of the Government of the Northwest Territories is at Yellowknife or at another place in the Northwest Territories that is designated by the Legislature.

LEGISLATIVE POWER

Legislative Assembly of the Northwest Territories

Continuance

10. The Council of the Northwest Territories established under the former Act is continued as the Legislative Assembly of the Northwest Territories. Each member of the Legislative Assembly is elected to represent an electoral district in the Northwest Territories.

Duration

11. (1) No Legislative Assembly is to continue for longer than five years after the day on which the writs are returned for a general election, but the Commissioner may dissolve it before then.

Writs

(2) Writs for the election of members of the Legislative Assembly are to be issued on the Commissioner’s instructions.

Oaths

12. Before assuming office, each member of the Legislative Assembly must take and subscribe before the Commissioner the oath of office prescribed by the Legislature of the Northwest Territories and the oath of allegiance set out in the Fifth Schedule to the Constitution Act, 1867.

Sittings

13. The Legislative Assembly must sit at least once every 12 months.

Speaker

14. (1) The Legislative Assembly must elect one member as Speaker to preside over the Legislative Assembly when it is sitting.

Speaker’s vote

(2) The Speaker may vote in the Legislative Assembly only in the case of a tie.

Quorum

15. A majority of the members of the Legislative Assembly, including the Speaker, constitutes a quorum.

Rules

16. The Legislative Assembly may make rules for its operations and procedures, except in relation to the subjects set out in paragraph 18(1)(b).

Legislature of the Northwest Territories

Continuance

17. The Commissioner in Council as defined in section 2 of the former Act is continued as the Legislature of the Northwest Territories; the Legislature consists of the Commissioner and the Legislative Assembly.

Legislative Powers

Subjects

18. (1) The Legislature may make laws in relation to the following subjects in respect of the Northwest Territories:

(a) the election of members of the Legislative Assembly, including the name and number of electoral districts and the qualifications of electors and candidates;

(b) the disqualification of persons from sitting or voting as members of the Legislative Assembly and the privileges, indemnities and expenses of those members;

(d) the establishment and tenure of public offices and the appointment, conditions of employment and payment of office-holders;

(e) municipal and local institutions;

(f) direct taxation and licensing in order to raise revenue for territorial, municipal or local purposes;

(g) the levying of a tax on furs — or any other parts of fur-bearing animals — that are to be shipped or taken from the Northwest Territories to any place outside the Northwest Territories;

(h) the incorporation of companies with territorial objects, except railway — other than street railway —, steamship, air transport, telegraph and telephone companies;

(i) the solemnization of marriage;

(j) property and civil rights;

(k) the administration of justice, including the constitution, maintenance and organization of territorial courts — of both civil and criminal jurisdiction — and procedure in civil matters in those courts;

(l) the establishment, maintenance and management of prisons and other places of confinement;

(m) the conservation of wildlife and its habitat;

(n) waters — the rights in respect of which are under the administration and control of the Commissioner — including the disposition under subsection 52(3) of those rights, the deposit of waste in those waters and what constitutes waste;

(o) education, but any law respecting education must provide that

(i) a majority of the ratepayers of any part of the Northwest Territories may establish any school in that part that they think fit and make the necessary assessment and collection of rates for it, and

(ii) the minority of the ratepayers of that part of the Northwest Territories — whether Protestant or Roman Catholic — may establish separate schools in that part and, if they do so, are liable to assessments of only the rates that they impose on themselves in respect of those schools;

(p) immigration;

(q) those public lands that are under the administration and control of the Commissioner, including their disposition under subsection 51(1);

(r) intoxicants, including what constitutes an intoxicant;

(s) hospitals and charities;

(t) agriculture;

(u) the entering into of intergovernmental agreements by the Commissioner or any other official of the Government of the Northwest Territories;

(v) the expenditure of money for territorial purposes;

(w) the adoption and use of an official seal;

(x) generally, all matters of a merely local or private nature;

(y) the imposition of fines, penalties, impris-onment or other punishments in respect of a contravention of a provision of a law of the Legislature; and

(z) any other subject that may be designated by order of the Governor in Council.

Laws — intoxicants

(2) The Legislature may make laws relating to the importation of intoxicants into the Northwest Territories from another part of Canada or elsewhere and defining what constitutes an intoxicant for the purposes of those laws.

Laws — natural resources

19. (1) The Legislature may make laws in relation to the following subjects in respect of the onshore:

(a) exploration for non-renewable natural resources;

(b) the development, conservation and management of non-renewable natural resources and forestry resources, including the rate of primary production from those resources;

(d) the development, conservation and management of sites and facilities for the production of electrical energy; and

(e) the export, from the onshore to another part of Canada, of the primary production from non-renewable natural resources and forestry resources and of the electrical energy that is produced in the onshore.

Limitation — no discrimination

(2) A law that is made under paragraph (1)(e) is not to authorize or provide for discrimination in prices or in supplies that are exported.

Laws — taxation

(3) The Legislature may make laws in relation to the raising of money by any mode of taxation in respect of resources referred to in paragraph (1)(b) and the primary production from those resources and in respect of sites and facilities referred to in paragraph (1)(d) and the production of electrical energy from those sites and facilities. The Legislature may make those laws even if the production is exported.

Limitation — no differentiation

(4) A law that is made under subsection (3) is not to authorize or provide for taxation that differentiates between production that is exported and that which is not.

Definition of “primary production”

(5) In this section, “primary production” means

(a) production from a non-renewable natural resource if

(i) it is in the form in which the resource exists on its recovery or severance from its natural state, or

(ii) it results from processing or refining the resource and is not

(A) a manufactured product, or

(B) a product that results from refining crude oil, refining upgraded heavy crude oil, refining gases or liquids derived from coal or refining a synthetic equivalent of crude oil; and

(b) production from a forestry resource if the product consists of sawlogs, poles, lumber, wood chips, sawdust or any other primary wood product — or of wood pulp — and is not manufactured from wood.

No derogation

(6) Nothing in subsections (1) to (5) derogates from any powers that the Legislature has under this Act.

Laws — access to lands and waters

20. The Legislature may make laws in relation to access to the public lands that are under the administration of a federal minister and to the waters overlying those lands, including the compensation that is to be paid in respect of that access.

Roads on Tlicho lands

21. Laws of the Legislature that are made in relation to public highways apply to roads identified in the Tlicho Agreement — as if they were on public lands — if the Tlicho Agreement provides that those laws apply to those roads.

Unitization of straddling resources

22. (1) Despite sections 18 and 19, the Legislature must not amend a law of the Legislature without the consent of the Governor in Council if the law as amended would

(a) affect the unitization of those straddling resources that are referred to in the Agreement for Coordination and Cooperation in the Management and Administration of Petroleum Resources in the Inuvialuit Settlement Region that was made on June 25, 2013, as amended from time to time; or

(b) limit how that agreement applies to or is implemented by the Government of the Northwest Territories.

National Energy Board

(2) Despite sections 18 and 19, during the period of 20 years beginning on the day on which section 1 comes into force, the Legislature must not amend a law of the Legislature without the consent of the Governor in Council if the law as amended would affect the regulatory functions of the National Energy Board in that part of the Inuvialuit Settlement Region — as defined in section 2 of the Inuvialuit Final Agreement — that is situated in the onshore.

Federal appurtenant undertakings

23. Only a federal minister may, in relation to a federal appurtenant undertaking, exercise the following powers and functions under a law of the Legislature:

(a) approve the issuance, renewal or amendment of a licence permitting the use of waters or the deposit of waste in waters;

(b) consent to a declaration by a water board that an amendment to such a licence — as a result of which the use, flow or quality of waters would be altered — is required on an emergency basis;

(d) hold and apply the security;

(e) exercise powers that are substantially the same as those set out in section 39 of the Northwest Territories Waters Act, as it read immediately before the coming into force of section 1;

(f) issue policy directions to a water board that may issue, renew or amend such a licence; and

(g) designate inspectors and grant them powers that are substantially the same as those set out in section 37 or 44.02 of the Northwest Territories Waters Act, as they read immediately before the coming into force of section 1.

Composition of water board

24. For every five members who are appointed to a water board that may — under a law of the Legislature — issue, renew or amend a licence permitting the use of waters or the deposit of waste in waters, one must be nominated by a federal minister.

Restrictions on powers

25. (1) Nothing in subsection 18(1) or section 19 must be construed as giving the Legislature greater powers than are given to legislatures of provinces under sections 92, 92A and 95 of the Constitution Act, 1867.

Water power

(2) Despite subsection 18(1) and sections 19 and 20, the Legislature must not make laws in respect of the right to the use and flow of waters for the production or generation of water power to which the Dominion Water Power Act applies.

Agreement implementation Acts

26. Despite subsection 25(1), the Legislature may, in exercising its powers under sections 18 and 19 for the purpose of implementing an Aboriginal land claim agreement or a self-government agreement, make laws that are in relation to the matters coming within class 24 of section 91 of the Constitution Act, 1867.

Laws — conservation of wildlife

27. Despite subsection 25(1), any law of the Legislature that is in relation to the conservation of wildlife applies, unless the contrary intention appears in it, to and in respect of Aboriginal people.

Laws — borrowing, making loans and investing

28. (1) The Legislature may make laws for the

(a) borrowing of money by the Commissioner on behalf of the Northwest Territories for territorial, municipal or local purposes;

(b) making of loans to persons; and

(c) investing by the Commissioner of surplus money standing to the credit of the Consolidated Revenue Fund of the Northwest Territories.

Restriction

(2) The aggregate of all borrowings is not to exceed the maximum amount set under subsection (4).

Charge on Consolidated Revenue Fund

(3) The repayment of money borrowed under a law made under paragraph (1)(a) — and the payment of interest on that money — is a charge on and is payable out of the Consolidated Revenue Fund of the Northwest Territories.

Maximum amount — borrowings

(4) The Governor in Council may, on the recommendation of the Minister of Finance, set the maximum amount of the aggregate of all borrowings.

Regulations

(5) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations respecting borrowings for the purposes of subsections (2) and (4), including regulations

(a) respecting what constitutes, or is deemed to constitute, borrowing;

(b) respecting the entities, or classes of entities, whose borrowings are to be taken into account; and

Withholding assent

29. (1) The Governor in Council may, in writing, direct the Commissioner to withhold his or her assent to a bill that has been introduced in the Legislative Assembly.

Assent of Governor in Council

(2) A bill in respect of which a direction is given must not become law without the Governor in Council’s assent, which is not to be given later than one year after the day on which the bill is adopted by the Legislative Assembly.

Transmittal of laws

30. (1) A copy of every law of the Legislature must be transmitted by the Clerk of the Legislative Assembly to the Governor in Council within 30 days after the day on which it is made.

Disallowance

(2) The Governor in Council may disallow any law of the Legislature or any provision of such a law at any time within one year after the day on which it is made.

Conflicting laws

31. In the event of a conflict between a law of the Legislature and a federal enactment, the federal enactment prevails to the extent of the conflict.

Official Languages Act

32. (1) The ordinance entitled the Official Languages Act — made on June 28, 1984 by the Commissioner in Council, as amended on June 26, 1986 or by an Act referred to in section 33 — must not be amended, repealed or rendered inoperable by the Legislature without the concurrence of Parliament by way of an amendment to this Act.

Additional rights and services

(2) Nothing in subsection (1) is to be construed as preventing the Commissioner, the Legislature or the Government of the Northwest Territories from granting rights in respect of, or providing services in, English, French or a language of an Aboriginal people of Canada — in addition to the rights and services provided for in the Official Languages Act referred to in subsection (1) — whether by amendment, without the concurrence of Parliament, or by any other means.

Amendments concurred in

33. (1) Parliament concurs in An Act to amend the Official Languages Act, made on October 29, 1990 by the Commissioner in Council.

March 12, 1992

(2) Parliament concurs in An Act to amend the Official Languages Act, made on March 12, 1992 by the Commissioner in Council.

CONSOLIDATED REVENUE FUND OF THE NORTHWEST TERRITORIES

Establishment

34. (1) All public moneys over which the Legislature has the power of appropriation are to form a fund to be known as the Consolidated Revenue Fund of the Northwest Territories.

Establishment of bank accounts

(2) The member of the Executive Council designated for that purpose by a law of the Legislature must establish, in the name of the Government of the Northwest Territories, accounts for the deposit of public moneys with

(a) banks as defined in section 2 of the Bank Act; or

(b) authorized foreign banks, as defined in section 2 of the Bank Act, that are not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.

Recommendation of Commissioner

35. The Legislative Assembly must not adopt or pass any vote, resolution, address or bill — for the appropriation of public moneys, or of any tax, for any purpose — that has not been first recommended to the Legislative Assembly by message of the Commissioner in the session in which the vote, resolution, address or bill is proposed.

Appropriation of moneys granted by Parliament

36. If a sum of money is granted to Her Majesty in right of Canada by Parliament to defray expenses for a specified public service in the Northwest Territories, the power of appropriation by the Legislature over that sum is subject to the purpose for which it is granted.

PUBLIC ACCOUNTS OF THE NORTHWEST TERRITORIES

Fiscal year

37. The fiscal year of the Government of the Northwest Territories is the period beginning on April 1 in one year and ending on March 31 in the next year.

Submission to Legislative Assembly

38. The Commissioner, with the consent of the Executive Council, must lay before the Legislative Assembly — on or before the day of each fiscal year that the Legislative Assembly fixes — a report called the Public Accounts of the Northwest Territories for the preceding fiscal year; the Legislative Assembly must consider the report.

Form and contents

39. The Public Accounts of the Northwest Territories must be prepared in any form that the Commissioner, with the consent of the Executive Council, directs and are to include

(a) consolidated financial statements for the Government of the Northwest Territories, prepared in accordance with Canadian public sector accounting standards;

(b) any other information or statements that are required in support of those consolidated financial statements under any law of the Legislature; and

Annual audit

40. (1) The Auditor General of Canada must audit the accounts — including those related to the Consolidated Revenue Fund of the Northwest Territories — and financial transactions of the Government of the Northwest Territories in each fiscal year in accordance with Canadian generally accepted auditing standards and must express his or her opinion as to whether

(a) the consolidated financial statements present fairly — in all material respects and in accordance with Canadian public sector accounting standards — the financial situation of the Government of the Northwest Territories as at the end of the fiscal year; and

(b) the transactions of the Government of the Northwest Territories that have come to the notice of the Auditor General in the course of the audit are within the powers of that Government under this or any other Act of Parliament.

Report

(2) The Auditor General must report to the Legislative Assembly any matter falling within the scope of the audit that, in his or her opinion, ought to be reported to the Assembly.

Supplementary report

41. The Auditor General of Canada may, at any time, inquire into and submit a supplementary report to the Legislative Assembly about any matter relating to the activities of the Government of the Northwest Territories, including whether

(a) accounts have not been faithfully and properly maintained or public money has not been fully accounted for or paid, if so required by law, into the Consolidated Revenue Fund;

(b) essential records have not been maintained or the rules and procedures applied have been insufficient to safeguard and control public property, to secure an effective check on the assessment, collection and proper allocation of the revenue and to ensure that expenditures have been made only as authorized;

(c) money has been expended for purposes other than those for which it was appropriated by the Legislature or has been expended without due regard to economy or efficiency; or

(d) satisfactory procedures have not been established to measure and report the effectiveness of programs, if such procedures could appropriately and reasonably be implemented.

Report at Commissioner’s request

42. At the Commissioner’s request, made with the consent of the Executive Council, the Auditor General of Canada may — if in his or her opinion it does not interfere with the Auditor General’s primary responsibilities — inquire into and report to the Legislative Assembly on any

(a) matter relating to the financial affairs of the Government of the Northwest Territories or to public property in the Northwest Territories; or

(b) person or organization that has received or is seeking financial aid from the Government of the Northwest Territories.

Auditor General’s powers

43. (1) For the purposes of carrying out his or her functions under this Act, the Auditor General of Canada has all the powers that he or she has under the Auditor General Act.

Access to information

(2) Except as provided by any law of the Legislature that expressly refers to this subsection, the Auditor General is entitled to free access at all convenient times to information that relates to the fulfilment of his or her responsibilities and is entitled to require and receive from the public service of the Northwest Territories any information, reports and explanations that he or she considers necessary for that purpose.

ADMINISTRATION OF JUSTICE

Judicature

Appointment of judges

44. The Governor in Council must appoint the judges of any superior, district or county courts in the Northwest Territories.

Tenure of judges

45. The judges of the superior, district and county courts in the Northwest Territories hold office during good behaviour but are removable by the Governor General on address of the Senate and House of Commons and cease to hold office on attaining the age of 75 years.

Supreme Court of the Northwest Territories

Judges

46. A judge — other than a deputy judge— of the Yukon Supreme Court or the Nunavut Court of Justice is, by reason of holding that office, a judge of the Supreme Court of the Northwest Territories.

Deputy judges

47. (1) The Governor in Council may appoint any person who is or has been a judge of a superior, district or county court of a province or a barrister or advocate of at least 10 years standing at the bar of a province to be a deputy judge of the Supreme Court of the Northwest Territories and fix his or her remuneration and allowances.

Duration of appointment

(2) A deputy judge may be appointed for any particular case or cases or for any specified period.

Tenure of office

(3) A deputy judge holds office during good behaviour but is removable by the Governor General on address of the Senate and House of Commons.

Powers

(4) A deputy judge must be sworn to the faithful performance of his or her duties in the same manner as a judge of the Supreme Court of the Northwest Territories and, during his or her appointment, has and may exercise and perform all the powers, duties and functions of a judge of that Court.

Jurisdiction — civil cases

48. The Supreme Court of the Northwest Territories has and may exercise and perform— in Yukon or Nunavut — all of its powers, duties and functions with respect to a civil case other than one for which the Court sits with a jury.

Jurisdiction —criminal cases

49. (1) A judge of the Supreme Court of the Northwest Territories has and may exercise and perform — anywhere in Canada — all of its powers, duties and functions with respect to any criminal offence committed or charged to have been committed in the Northwest Territories.

Application of laws

(2) All laws applicable to criminal proceedings held in the Northwest Territories apply in like manner to proceedings held under this section elsewhere in Canada.

Enforcement

(3) Any judgment, conviction, sentence or other order pronounced or made in any proceedings held under this section outside the Northwest Territories may be enforced at the place at which it is pronounced or made — or elsewhere, either in or outside the Northwest Territories, as the judge may direct — and the proper officers of the Northwest Territories have and may exercise all powers and authority necessary for its enforcement at the place where it is directed to be enforced, even if that place is not in the Northwest Territories.

Court of Appeal of the Northwest Territories

Sittings

50. The Court of Appeal of the Northwest Territories may sit in the Northwest Territories or, unless a law of the Legislature provides otherwise, elsewhere in Canada.

PUBLIC LANDS AND WATERS

Administration and Control

Public lands— Commis-sioner

51. (1) The Commissioner has the administration and control of public lands and may use, sell or otherwise dispose of those lands and retain the proceeds of the disposition.

Exceptions

(2) Despite subsection (1), the Commissioner does not have the administration and control of the following public lands unless they are transferred to him or her under section 54:

(a) those listed under subsection (3);

(b) those in respect of which the administration and control is relinquished by the Commissioner under section 53;

(d) those acquired by Her Majesty in right of Canada after the coming into force of section 1.

List

(3) The Governor in Council must, on the day on which section 1 comes into force, list the public lands that are excluded from the administration and control of the Commissioner.

Rights in respect of waters

52. (1) All rights in respect of waters belong to Her Majesty in right of Canada.

Limitations

(2) Subsection (1) is subject to any rights granted by or under an Act of Parliament in respect of waters.

Commissioner

(3) The Commissioner has the administration and control of all rights in respect of waters and may exercise those rights or sell or otherwise dispose of them and may retain the proceeds of the disposition.

Exceptions

(4) Despite subsection (3), the Commissioner does not have the administration and control of

(a) the right to the use and flow of waters for the production or generation of water power to which the Dominion Water Power Act applies; and

(b) the following rights in respect of waters unless the administration and control of them is transferred to him or her under section 54:

(i) those listed under subsection (5),

(ii) those in respect of which the administration and control is relinquished by the Commissioner under section 53,

(iii) those in respect of which the administration and control is taken by the Governor in Council under section 55, and

(iv) those acquired by Her Majesty in right of Canada after the coming into force of section 1.

List

(5) The Governor in Council must, on the day on which section 1 comes into force, list the rights in respect of waters that are excluded from the administration and control of the Commissioner.

Relinquishment by Commissioner

53. The Commissioner may, with the Governor in Council’s consent, relinquish — in perpetuity or for any lesser term — the administration and control of public lands and of rights in respect of waters.

Transfer to Commissioner

54. The Governor in Council may, with the Commissioner’s consent, transfer to the Commissioner — in perpetuity or for any lesser term — the administration and control of public lands and of rights in respect of waters.

Restrictions

Taking of administration and control by Governor in Council

55. (1) The Governor in Council may, on the Minister’s recommendation, take from the Commissioner the administration and control of public lands and rights in respect of waters if, subject to subsection (2), the Governor in Council considers it necessary to do so for the purposes of

(a) the national interest, including

(i) national defence or security,

(ii) establishing — or changing the boundaries of — a national park as defined in subsection 2(1) of the Parks Canada Agency Act, a national historic site as defined in that subsection or another area that is protected under an Act of Parliament, and

(iii) the creation of the infrastructure required for initiatives in respect of transportation or energy;

(b) the fulfilment of an obligation in respect of an Aboriginal or treaty right that is referred to in section 35 of the Constitution Act, 1982; or

(c) the settlement of an Aboriginal land claim or the implementation of an Aboriginal land claim agreement or other treaty, a settlement agreement or a self-government agreement.

Consultation

(2) The Minister must — before recommending the taking of the administration and control other than for a purpose related to national defence or security — consult the member of the Executive Council who is responsible for those public lands or those rights in respect of waters and any affected Aboriginal party on the boundaries of the lands that, and the location of the waters the rights in respect of which, are subject to the taking.

Prohibition order — public lands

56. The Governor in Council may, by order and on the Minister’s recommendation, prohibit the issuance under a law of the Legislature of interests in — or the authorization under a law of the Legislature of the conduct of activities on — the public lands that are specified in the order if the Governor in Council considers that the prohibition is required

(a) before the taking of the administration and control of those lands under paragraph 55(1)(a) or (b); or

(b) for the purposes of the settlement of an Aboriginal land claim or the implementation of an Aboriginal land claim agreement or other treaty, a settlement agreement or a self-government agreement.

Prohibition order — waters

57. The Governor in Council may, by order and on the Minister’s recommendation, prohibit any use of waters that is specified in the order — or the deposit of waste directly or indirectly into those waters — if the Governor in Council considers

(a) that the use or deposit would be incompatible with or would interfere with a particular undertaking that is in the national interest; or

(b) that the prohibition is required for the purposes of the settlement of an Aboriginal land claim or the implementation of an Aboriginal land claim agreement or other treaty, a settlement agreement or a self-government agreement.

Consultation —prohibition orders

58. The Minister must — before recommending that the Governor in Council make a prohibition order under section 56 or 57 — consult the member of the Executive Council who is responsible for those public lands or those waters and any affected Aboriginal party on

(a) the boundaries of the lands — and the interests or activities — that are the subject of the order to be made under section 56; and

(b) the location of the waters that are the subject of the order to be made under section 57.

Compensation

No expenditure or compensation

59. (1) Subject to subsection (2), the following are to be done without expenditures by or compensation to the Government of the Northwest Territories:

(a) a relinquishment under section 53;

(b) a taking under section 55; and

Exception — improvements to public lands

(2) If the Commissioner relinquishes to the Governor in Council, or the Governor in Council takes, the administration and control of public lands, the Government of Canada must compensate the Government of the Northwest Territories for any improvements that it has made to those lands.

Negotiation

(3) As soon as practicable after the relinquishment or the taking, the Government of Canada and the Government of the Northwest Territories are to attempt to reach an agreement on the amount of compensation.

Appraisal expert

(4) If the Government of Canada and the Government of the Northwest Territories are unable to reach an agreement, they are to refer the matter to an agreed upon person with expertise in determining the value of improvements to land.

Amount of compensation

(5) That person must determine that value on a basis similar to the determination of the fair actual value of the improvements — at the time the Governor in Council takes or has relinquished to it the administration and control of the lands — calculated in accordance with the method for calculating the fair actual value of improvements to land set out in a law of general application of the Legislature relating to the assessment of taxes on real property. That value is the amount of compensation.

Agreements

Management of waters

60. With the approval of the Governor in Council and subject to any agreement entered into under section 5 or 11 of the Canada Water Act, the Minister may, on behalf of the Government of Canada, enter into an agreement with a provincial government providing for the management of any waters that

(a) are

(i) partially on lands situated in the Northwest Territories that are under the administration of a federal minister, and

(ii) partially on lands that are not under the administration of a federal minister; or

(b) flow between

(i) lands situated in the Northwest Territories that are under the administration of a federal minister, and

(ii) lands that are not under the administration of a federal minister.

AMENDING THIS ACT

Consultation —Minister

61. (1) Before a bill that amends or repeals this Act is introduced in the House of Commons by a federal minister, the Minister must consult the Executive Council with respect to the proposed amendment or repeal.

Recommendations — Legislative Assembly

(2) The Legislative Assembly may make any recommendations to the Minister that it considers appropriate with respect to the amendment or the repeal of this Act.

TRANSITIONAL PROVISIONS

Ordinances

62. An ordinance, as defined in section 2 of the former Act, is continued as a law of the Legislature of the Northwest Territories.

Commissioner

63. (1) The Commissioner, as defined in section 2 of the former Act, who is in office immediately before the coming into force of section 1 continues in office.

Deputy Commissioner

(2) The Deputy Commissioner — appointed under subsection 4(1) of the former Act — who is in office immediately before the coming into force of section 1 continues in office.

Executive Council

64. The members of the Executive Council — chosen or appointed under subsection 61(1) of the Legislative Assembly and Executive Council Act, S.N.W.T. 1999, c. 22 — who are in office immediately before the coming into force of section 1 continue in office as members of the Executive Council established under section 8.

Council

65. Despite subsection 11(1), the members of the Council — as defined in section 2 of the former Act — who are in office immediately before the coming into force of section 1 continue in office as members of the Legislative Assembly for the remainder of the period provided under subsection 9(3) of the former Act, but the Commissioner may dissolve the Legislative Assembly before then.

Speaker

66. The Speaker, elected under subsection 12(1) of the former Act, who is in office immediately before the coming into force of section 1 continues in office.

Judges

67. (1) Judges, appointed under section 32 of the former Act, who are in office immediately before the coming into force of section 1 continue in office.

Deputy judges

(2) Deputy judges, appointed under subsection 35(1) of the former Act, who are in office immediately before the coming into force of section 1 continue in office.

Definitions

68. The following definitions apply in sections 69 to 71, 73 and 74.

“encumbering right”
« charge »

“encumbering right” means a right referred to in section 7(94) of the Inuvialuit Final Agreement, an interest referred to in section 18.5 of the Gwich’in Agreement, section 19.5 of the Sahtu Agreement or section 18.6 of the Tlicho Agreement or a similar right or interest referred to in another settlement agreement.

“existing interest”
« intérêt existant »

“existing interest” means

(a) a right or interest that exists — immediately before the coming into force of section 1 — under an Act of Parliament that is repealed or rendered inapplicable to such a right or interest by an Act of Parliament that implements the Agreement;

(b) a right or interest that exists — immediately before that coming into force — under an access order, a permit, licence or other authorization, a lease or an agreement for lease or sale that is issued, granted or otherwise obtained under an Act of Parliament that is repealed or rendered inapplicable to such a right or interest by an Act of Parliament that implements the Agreement;

(c) a right or interest that exists immediately before that coming into force under a licence — as defined in section 51 of the Mackenzie Valley Resource Management Act as it read immediately before that coming into force — other than a licence that is in relation to a federal area as defined in section 51 of the Mackenzie Valley Resource Management Act;

(d) a right or interest that is a renewal, replacement or successor of a right or interest referred to in paragraph (a), (b) or (c) if a right to that renewal, replacement or successor exists immediately before that coming into force; or

(e) a licence that

(i) is valid immediately before the coming into force of section 1 and the giving of which was subject to the Federal Real Property and Federal Immovables Act, or

(ii) is a renewal, replacement or successor of such a licence if a right to that renewal, replacement or successor exists immediately before that coming into force.

For greater certainty, it includes a right or interest referred to in paragraph (a), (b), (c), (d) or (e) that is an encumbering right, as well as an interest referred to in subsection 117.2(1) of the Canada Petroleum Resources Act that is in respect of the portion of those lands situated in the onshore.

Existing interests

69. (1) An existing interest must, subject to subsections (2) to (4), be administered and governed in accordance with any law of the Legislature.

Limitation —additional conditions

(2) A law of the Legislature may provide for additional conditions in respect of the exercise of an existing interest only if those conditions are applicable to similar rights or interests that are issued, granted or otherwise obtained under a law of the Legislature.

Limitation —limitation, suspension or cancellation

(3) A law of the Legislature may, in respect of an existing interest, provide for its limitation, suspension or cancellation only if

(a) the circumstances for its limitation, suspension or cancellation are identical to those that would have applied immediately before the coming into force of section 1; or

(b) subject to subsection (4), its limitation, suspension or cancellation is for a failure to comply with a condition in respect of the exercise of the existing interest and the law applies to all similar rights or interests.

Limitation —paragraph (3)(b)

(4) A law of the Legislature must not provide for the limitation, suspension or cancellation of an existing interest under paragraph (3)(b) if it arose from

(a) a recorded claim, a lease or a permit, as those terms are defined in subsection 2(1) of the Northwest Territories and Nunavut Mining Regulations; or

(b) an interest as defined in section 2 of the Canada Petroleum Resources Act.

Continuation

(5) An existing interest — other than one described in paragraph (c) of the definition “existing interest” in section 68 — continues in full force and effect until the earliest of the following takes place:

(a) it expires or is surrendered,

(b) with the agreement of the holder, it is cancelled and replaced by a right or interest issued or granted by the Government of the Northwest Territories,

(c) in the case of an encumbering right, it is — with the agreement of the holder and the relevant Aboriginal organization — cancelled under a settlement agreement,

(d) it is limited, suspended or cancelled under a law of the Legislature referred to in subsection (3), or

(e) it is expropriated and its holder is compensated under a law of the Legislature.

References to Government of Canada or Minister

70. Any reference to the Government of Canada or the Minister in an instrument evidencing an existing interest must be read as a reference to the Government of the Northwest Territories.

Pending proceedings

71. Every proceeding — other than a civil or criminal one that is before a court — with respect to a right or interest that is referred to in paragraph (a), (b), (c) or (e) of the definition “existing interest” in section 68 that is in progress immediately before the coming into force of section 1 must be taken up and continued under and in conformity with the laws of the Legislature without any further formality.

Validity of laws of Legislature

72. A law of the Legislature that specifically provides that it applies to matters governed by section 45, 46, 47, 57, 58 or 59 of the Northwest Territories Act, the Canada Oil and Gas Operations Act, the Territorial Lands Act, the Canada Petroleum Resources Act, the Federal Real Property and Federal Immovables Act, the Northwest Territories Waters Act or the Northwest Territories Surface Rights Board Act — as they read immediately before the coming into force of section 1 — is considered for all purposes to have been validly made if it is made before that coming into force and would have been valid if made after that coming into force. However, it has no force and effect before that coming into force.

Indemnification by Government of the Northwest Territories

73. (1) The Government of the Northwest Territories must indemnify the Government of Canada, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgment, that are reasonably incurred in respect of any claim, action or other proceeding brought against the Government of Canada, or any of its employees or agents, arising out of any act or omission of the Government of the Northwest Territories, or any of its employees or agents, occurring

(a) after the coming into force of section 1, in respect of

(i) public lands that are under the administration and control of the Commissioner other than those that are under his or her administration and control immediately before that coming into force,

(ii) rights in respect of waters that are under the administration and control of the Commissioner, or

(iii) existing interests;

(b) in respect of security that is assigned to the Government of the Northwest Territories under the Agreement;

(c) in respect of records that are copied, loaned or transferred under the Agreement unless the act or omission is made under the Agreement; or

(d) in respect of remediation that is performed under the Agreement.

Indemnification— obligations under Agreement

(2) The Government of the Northwest Territories must indemnify the Government of Canada, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or satisfy a judgment, that are reasonably incurred in respect of any claim, action or other proceeding brought against the Government of Canada, or any of its employees or agents, arising out of a failure by the Government of the Northwest Territories, or any of its employees or agents, to meet its obligations under the Agreement in respect of a federal employee.

Indemnification by Government of Canada

74. (1) The Government of Canada must indemnify the Government of the Northwest Territories, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or satisfy a judgement, that are reasonably incurred in respect of any claim, action or other proceeding brought against the Government of the Northwest Territories, or any of its employees or agents, arising out of any act or omission of the Government of Canada, or any of its employees or agents, occurring

(a) before the coming into force of section 1, in respect of

(i) public lands that are under the administration and control of the Commissioner other than those that were under his or her administration and control before that coming into force,

(ii) rights in respect of waters that are under the administration and control of the Commissioner, or

(iii) existing interests;

(b) in respect of a taking under section 55 or the making of a prohibition order under section 56 or 57;

(d) in respect of records that are copied, loaned or transferred under the Agreement; or

(e) in respect of remediation that is performed under the Agreement.

Indemnification— Aboriginal party

(2) The Government of Canada must indemnify an Aboriginal party, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or satisfy a judgement, that are reasonably incurred in respect of any claim, action or other proceeding brought against that Aboriginal party, or any of its employees or agents, arising out of any act or omission of the Government of Canada, or any of its employees or agents, occurring in respect of remediation performed under the Agreement on that Aborig-inal party’s settlement lands.

Limitation on indemnification

75. The Government of Canada, the Government of the Northwest Territories or an Aboriginal party — or an employee or agent of any of them — is not entitled to be indemnified under section 73 or 74 if the claim, action or proceeding is settled out of court without the written consent of the Government that is required to provide the indemnity.

Enforcement actions

76. After the coming into force of section 1, the Government of the Northwest Territories may, despite section 71 and to the exclusion of any other person or entity, commence or continue enforcement actions — under an Act of Parliament that is repealed or rendered inapplicable in respect of the onshore on the coming into force of that section — other than one that is before a court on the coming into force of that section.

No waiver— solicitor-client privilege

77. (1) Communication under the Agreement by the Government of Canada to the Government of the Northwest Territories of information, however recorded, that is subject to solicitor-client privilege does not constitute a waiver of that privilege.

Prohibition

(2) No employee or agent of the Government of the Northwest Territories is, except with the Minister’s written permission, to knowingly communicate or make available any information referred to in subsection (1) — or permit it to be communicated or made available — to a person who is not an employee or agent of that Government.

Assignment of contracts

78. (1) In the case of a contract that is to be assigned by the Government of Canada to the Government of the Northwest Territories under the Agreement, the contract must be assigned even if

(a) the contract does not allow for the assignment; or

(b) a party’s consent to the assignment is required under the contract and the party does not consent.

Compensation

(2) The Government of Canada must compensate the parties for costs or losses arising from an assignment referred to in subsection (1).

Transfer — public property

79. (1) Section 61 of the Financial Administration Act does not apply to a transfer of public property, as defined in section 2 of that Act, that is made under the Agreement.

Disposition —federal real property and federal immovables

(2) The Federal Real Property and Federal Immovables Act does not apply to a disposition that is made under the Agreement of

(a) federal real property as defined in section 2 of that Act; or

(b) federal immovables as defined in that section.

AMENDMENT TO THIS ACT

Repeal —subsections 4(3) and (4)

80. Subsections 4(3) and (4) are repealed 10 years after the day on which section 1 comes into force.

Amendments to Other Acts

R.S., c. A-1

Access to Information Act

2013, c. 14, s. 17

3. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Northwest Territories Surface Rights Board

Office des droits de surface des Territoires du Nord-Ouest

Northwest Territories Water Board

Office des eaux des Territoires du Nord-Ouest

R.S., c. A-12

Arctic Waters Pollution Prevention Act

2002, c. 7, s. 278

4. The definition “analyst” in section 2 of the Arctic Waters Pollution Prevention Act is replaced by the following:

“analyst”
« analyste »

“analyst” means a person designated as an analyst under the Canada Water Act, the Mackenzie Valley Resource Management Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act;

R.S., c. C-5

Canada Evidence Act

2002, c. 7, s. 96

5. Subsection 22(2) of the Canada Evidence Act is replaced by the following:

Territories

(2) Evidence of any proclamation, order, regulation or appointment made by the Lieu-tenant Governor or Lieutenant Governor in Council of the Northwest Territories, as constituted prior to September 1, 1905, or by the Legislature of Yukon, of the Northwest Territories or for Nunavut, may be given by the production of a copy of the Canada Gazette purporting to contain a copy of the proclamation, order, regulation or appointment, or a notice of it.

R.S., c. C-11

Canada Water Act

2002, c. 7, s. 115

6. The definition “federal waters” in subsection 2(1) of the Canada Water Act is replaced by the following:

“federal waters”
« eaux fédérales »

“federal waters” means — other than in Yukon and the Northwest Territories — waters under the exclusive legislative jurisdiction of Parliament and

(a) in Yukon, waters in a federal conservation area as defined in section 2 of the Yukon Act, and

(b) in the Northwest Territories, waters other than those in respect of which the Legislature of the Northwest Territories may make laws under paragraph 18(1)(n) of the Northwest Territories Act;

R.S., c. C-50; 1990, c. 8, s. 21

Crown Liability and Proceedings Act

2002, c. 7, s. 151

7. The definition “servant” in section 2 of the Crown Liability and Proceedings Act is replaced by the following:

“servant”
« préposés »

“servant” includes agent, but does not include any person appointed or employed by or under the authority of a law of the Legislature of Yukon, of the Northwest Territories or for Nunavut;

R.S., c. E-3

Electoral Boundaries Readjustment Act

1993, c. 28, s. 78 (Sch. III, item 45.3); 1998, c. 15, s. 25

8. Section 30 of the Electoral Boundaries Readjustment Act is replaced by the following:

Territorial electoral districts

30. In each of Yukon, the Northwest Territories and Nunavut, there shall be one electoral district respectively named and described as follows, each of which shall return one member:

Yukon: consisting of Yukon as bounded and described in Schedule 1 to the Yukon Act.

Western Arctic: consisting of the Northwest Territories as bounded and described in the definition “Northwest Territories” in section 2 of the Northwest Territories Act.

Nunavut: consisting of Nunavut as bounded and described in section 3 of the Nunavut Act.

R.S., c. E-15

Excise Tax Act

2002, c. 7, s. 166

9. Subsection 2(2) of the Excise Tax Act is replaced by the following:

Application to territories

(2) For the purposes of this Act, the expression “Her Majesty in right of a province” includes the governments of Yukon, the Northwest Territories and Nunavut and the expression “legislature of any province” includes the Legislative Assembly of Yukon, the Northwest Territories or Nunavut.

R.S., c. F-8; 1995, c. 17, s. 45(1)

Federal-Provincial Fiscal Arrangements Act

2007, c. 29, s. 62

10. (1) The portion of section 4.7 of the French version of the Federal-Provincial Fiscal Arrangements Act before paragraph (a) is replaced by the following:

Recouvrement — Yukon

4.7 Le ministre peut recouvrer sur les sommes à payer au Yukon au titre de la présente partie la somme, déterminée par le ministre, qui est calculée au titre des dispositions ci-après des accords suivants :

(2) Section 4.7 of the Act is renumbered as subsection 4.7(1) and is amended by adding the following:

Recovery —Northwest Territories

(2) The Minister may recover, from any amount payable under this Part to the Northwest Territories, the amount, as determined by the Minister, that is computed under section 10.2 of the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013, as amended from time to time.

R.S., c. H-6

Canadian Human Rights Act

11. Subsection 66(3) of the Canadian Human Rights Act is repealed.

R.S., c. I-3

Importation of Intoxicating Liquors Act

2002, c. 7, s. 182

12. The definition “province” in section 2 of the Importation of Intoxicating Liquors Act is replaced by the following:

“province”
« province »

“province” means any province — other than Yukon and the Northwest Territories — in which there is in force an Act giving the government of the province or any board, commission, officer or other governmental agency control over the sale of intoxicating liquor in that province;

R.S., c. I-6

Department of Indian Affairs and Northern Development Act

2002, c. 7, s. 156

13. Section 6 of the Department of Indian Affairs and Northern Development Act is replaced by the following:

Administration of lands — Nunavut

6. (1) The Minister has the administration of lands situated in Nunavut belonging to Her Majesty in right of Canada except those lands

(a) that are under the administration of any other minister of the Government of Canada or any agent corporation as defined in subsection 83(1) of the Financial Administration Act; or

(b) that are under the administration and control of the Commissioner of Nunavut under the Nunavut Act.

Yukon and Northwest Territories

(2) The Minister has the administration of public real property as defined in section 2 of the Yukon Act — and public lands as defined in section 2 of the Northwest Territories Act — except that public real property or those public lands, as the case may be, that are under

(a) the administration of another minister of the Government of Canada or any agent corporation as defined in subsection 83(1) of the Financial Administration Act; or

(b) the administration and control of the Commissioner of Yukon or the Commissioner of the Northwest Territories, as the case may be, under the applicable Act.

R.S., c. I-21

Interpretation Act

2002, c. 7, s. 188(1)

14. (1) The definition “legislative assembly”, “legislative council” or “legislature” in subsection 35(1) of the Interpretation Act is repealed.

2002, c. 7, s. 188(1)

(2) The definitions “Act” and “lieutenant governor in council” in subsection 35(1) of the Act are replaced by the following:

“Act”
« loi provinciale »

“Act”, in respect of an Act of a legislature, includes a law of the Legislature of Yukon, of the Northwest Territories or for Nunavut;

“lieutenant governor in council”
« lieutenant-gouverneur en conseil »

“lieutenant governor in council” means

(a) the lieutenant governor of the province indicated by the enactment acting by and with the advice of, by and with the advice and consent of, or in conjunction with, the executive council,

(b) in Yukon, the Commissioner of Yukon acting with the consent of the Executive Council of Yukon,

(c) in the Northwest Territories, the Commissioner of the Northwest Territories acting with the consent of the Executive Council of the Northwest Territories, and

(d) in Nunavut, the Commissioner;

(3) Subsection 35(1) of the Act is amended by adding the following in alphabetical order:

“legislative assembly” or “legislature”
« législature » ou « assemblée législative »

“legislative assembly” or “legislature” includes the Lieutenant Governor in Council and the Legislative Assembly of the Northwest Territories, as constituted before September 1, 1905, and the Legislature of Yukon, of the Northwest Territories or for Nunavut;

R.S., c. L-6

Canada Lands Surveys Act

15. Paragraph (b) of the definition “Commissioner” in subsection 2(1) of the Canada Lands Surveys Act is replaced by the following:

(b) in respect of lands under his or her administration and control under the Northwest Territories Act, the Commissioner of the Northwest Territories, and

2002, c. 7, s. 100

16. Section 22 of the Act is replaced by the following:

Surveys made by Canada Lands Surveyor under other Act

22. The provisions of sections 17, 18 and 23 apply, with any modifications that the circumstances require, to surveys under any other Act of Parliament, or any regulation made under such an Act, or any law of the Legislature of Yukon, of the Northwest Territories or for Nunavut if the Act, regulation or law requires the surveys to be made by a Canada Lands Surveyor.

2002, c. 7, s. 102

17. Subsection 32(2) of the French version of the Act is replaced by the following:

Territoires

(2) Dans les terres du Canada situées au Yukon, dans les Territoires du Nord-Ouest ou au Nunavut, toutes les réserves établies au cours de l’arpentage de chemins, rues, ruelles ou terrains communaux dans une ville, un village ou un établissement sont des routes publiques ou des terrains communaux.

R.S., c. N-7

National Energy Board Act

18. The National Energy Board Act is amended by adding the following after section 12:

Jurisdiction —Inuvialuit Settlement Region

12.1 (1) The Board shall, for a period of 20 years beginning on the day on which this section comes into force, be the regulator —under any law of the Legislature of the Northwest Territories that is made under paragraph 19(1)(a), (b) or (c) of the Northwest Territories Act — in respect of that portion of the Inuvialuit Settlement Region, as defined in section 2 of the Canada Oil and Gas Operations Act, that is situated in the onshore as defined in section 2 of the Northwest Territories Act.

Successive periods and termination

(2) The Government of Canada and the Government of the Northwest Territories may agree that the Board shall be the regulator for successive periods of 20 years each; they may also, before the expiry of each successive period, agree to its earlier termination.

R.S., c. N-26

Northern Pipeline Act

2002, c. 7, s. 214

19. Paragraph 10(c) of the Northern Pipeline Act is replaced by the following:

(c) enter into such agreements with the government of a province, or with the government of Yukon or the Northwest Territories after consultation with the Legislature of Yukon or the Northwest Territories, as may be necessary to facilitate the attainment of the objects of this Act and to provide for coordination and review of the activities of the Agency and those governments in relation to the pipeline;

R.S., c. O-7; 1992, c. 35, s. 2

Canada Oil and Gas Operations Act

20. Section 2 of the Canada Oil and Gas Operations Act is amended by adding the following in alphabetical order:

“Agreement”
« accord »

“Agreement” means the Agreement for Coordination and Cooperation in the Management and Administration of Petroleum Resources in the Inuvialuit Settlement Region that was made on June 25, 2013, as amended from time to time.

“Inuvialuit Settlement Region”
« région désignée des Inuvialuits »

“Inuvialuit Settlement Region” has the same meaning as in section 2 of the Agreement — as defined in section 2 of the Western Arctic (Inuvialuit) Claims Settlement Act — excluding any area in Yukon or in the adjoining area as defined in section 2 of the Yukon Act.

“onshore”
« région intracôtière »

“onshore” has the same meaning as in section 2 of the Northwest Territories Act;

“straddling resource”
« ressource chevauchante »

“straddling resource” means a pool or field that the National Energy Board determines under section 48.02

(a) is wholly or partly in the Inuvialuit Settlement Region, other than in Inuvialuit lands as defined in Article 2.1 of the Agreement, and

(b) straddles the offshore, as defined in section 48.01, and the onshore;

1996, c. 31, s. 93; 1998, c. 15, par. 49(b)

21. Paragraphs 3(a) and (b) of the Act are replaced by the following:

(a) that part of the onshore that is under the administration of a federal minister,

(b) Nunavut,

(d) that part — of the internal waters of Canada or the territorial sea of Canada — that is not situated

(i) in a province other than the Northwest Territories, or

(ii) in that part of the onshore that is not under the administration of a federal minister, and

(e) the continental shelf of Canada and the waters superjacent to the seabed of that continental shelf,

22. Subsection 5.01(2) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph:

(a.1) in the case of land in the Northwest Territories, an order made by a territorial tribunal that is competent to resolve matters in dispute relating to access to the surface of lands; and

23. Section 5.1 of the Act is amended by adding the following after subsection (6):

Straddling resources — approval

(6.1) Despite subsection (4), the National Energy Board may approve a development plan in relation to developing a straddling resource, subject to

(a) the consent of the Governor in Council and the Executive Council of the Northwest Territories in relation to Part I of the plan; and

(b) any requirements that the Board considers appropriate or that may be prescribed.

No consent

(6.2) If the Governor in Council and the Executive Council of the Northwest Territories do not consent in relation to Part I of the plan, the Minister or the Government of the Northwest Territories may notify the other of their intention to refer the matter to an independent expert for a decision in accordance with section 48.095.

Expert's decision

(6.3) The expert’s decision in relation to the development plan is deemed to be a development plan that is approved by the National Energy Board and in relation to Part I of the plan is deemed to be one that is consented to by the Governor in Council and the Executive Council of the Northwest Territories.

Amendment

(6.4) If a development plan is approved under subsection (6.1) or deemed to be approved under subsection (6.3), no amendment is to be made to the plan unless it is approved by the National Energy Board and, in the case of an amendment to Part I of the plan, consented to by the Governor in Council and the Executive Council of the Northwest Territories.

Amendment — application of subsections (6.1) to (6.4)

(6.5) Subsections (6.1) to (6.4) apply, with any modifications that the circumstances require, in respect of a proposed amendment to a development plan.

24. The definition “unitization order” in section 29 of the Act is replaced by the following:

“unitization order”
« arrêté d’union »

“unitization order” means an order that is made under section 41 or issued under section 48.092;

25. The Act is amended by adding the following after section 48:

Straddling Resources — Inuvialuit Settlement Region

Definitions

48.01 The following definitions apply in this section and in sections 48.02 to 48.096.

“notification area”
« zone de notification »

“notification area” means the following:

(a) that part of the offshore that is situated within 20 kilometres of the onshore; and

(b) that part of the onshore that is situated within 20 kilometres of the offshore.

“offshore”
« région extracôtière »

“offshore” means that part of the Inuvialuit Settlement Region that is not situated in the onshore.

Determination

National Energy Board’s obligations

48.02 If the data obtained from conducting a survey or drilling an exploratory well — as defined in subsection 101(1) of the Canada Petroleum Resources Act — in the notification area provide sufficient information for the National Energy Board to determine that a pool or field exists, the Board shall

(a) determine whether the pool or field is a straddling resource;

(b) without delay notify the Minister and the Government of the Northwest Territories of its determination and the reasons for it; and

(c) on request, provide that Minister or that Government with the information that is in the Board’s possession and pertinent to that determination.

Information sharing

48.03 The Minister and the Government of the Northwest Territories shall, on request, provide the other with the information that is in their possession and is relevant to the proper and efficient exploration for and the management, administration and exploitation of the straddling resource.

Exploitation of Straddling Resources

Single pool or field

48.04 (1) A straddling resource may be exploited as a single pool or field, as the case may be.

Single exploration or drilling program

(2) An exploration or drilling program related to a straddling resource is, to the extent practicable, to be managed as a single exploration or drilling program.

Notice — intention to start production

48.05 (1) If an interest owner, as defined in section 2 of the Canada Petroleum Resources Act, advises the Minister or the National Energy Board — including by way of an application under section 38 of the Canada Petroleum Resources Act or paragraph 5(1)(b) of this Act, as the case may be — that it intends to start production of a straddling resource, the Minister shall, without delay, notify the Government of the Northwest Territories of the interest owner’s intention.

Notice — after production commences

(2) If, after production commences, the National Energy Board determines that a pool or field is a straddling resource

(a) the Minister or the Government of the Northwest Territories — depending on the jurisdiction in which production com-menced — shall, without delay, notify the other of that determination; and

(b) either of them may give notice under section 48.06.

Requirement — exploitation as single unit

48.06 The Minister or the Government of the Northwest Territories may, by notice, require of the other that a pool or field that is a straddling resource be exploited as a single pool or field, as the case may be.

Unit agreement

48.07 (1) The royalty owners and the working interest owners in respect of a straddling resource may enter into a unit agreement and, if it is approved under subsection 48.09(1), they shall operate their interests in accordance with it or any amendment to it.

Unit operating agreement

(2) The working interest owners in respect of a straddling resource may enter into a unit operating agreement and, if it is approved under subsection 48.09(1), they shall operate their interests in accordance with it or any amendment to it.

Termination

(3) Unless the Minister and the Government of the Northwest Territories agree to an earlier termination, a unit agreement or a unit operating agreement remains in force until the later of

(a) the day on which commercial production from the straddling resources to which the agreement applies ends, and

(b) the day on which there are no outstanding obligations in respect of the decommissioning or the abandonment of the production system for a straddling resource to which the agreement applies.

Order to enter into agreements

48.08 If a straddling resource is required to be exploited as a single pool or field under section 48.06 and the working interest owners have not entered into a unit agreement and a unit operating agreement, the Minister shall order the working interest owners in the portion of the pool or field that is in the Minister’s jurisdiction to do so.

Approval of agreements

48.09 (1) A unit agreement and a unit operating agreement are subject to the approval of the Minister and the Government of the Northwest Territories. They are to be approved only if all royalty owners and working interest owners referred to in subsection 48.07(1) or all working interest owners referred to in subsection 48.07(2), as the case may be, are parties to the agreement.

Condition precedent

(2) No authorization is to be issued under paragraph 5(1)(b) — and no development plan is to be approved under subsection 5.1(4) — in relation to the exploitation of a straddling resource if the unit agreement and the unit operating agreement are not approved under subsection (1).

Referral to independent expert

48.091 If the royalty owners and the working interest owners in respect of a straddling resource do not enter into a unit agreement— and, in the case of the working interest owners, a unit operating agreement — within 90 days after the day on which the Minister orders the working interest owners to enter into those agreements under section 48.08, the Minister or the Government of the Northwest Territories may notify the other of their intention to refer the matter to an independent expert for a decision in accordance with section 48.095.

Unitization order

48.092 (1) The Minister shall issue a unitization order in accordance with the independ-ent expert’s final decision.

Effect

(2) The unit agreement and the unit operating agreement have the effect given them by the Minister’s order.

Government of the Northwest Territories

(3) A unitization order becomes effective only if the Government of the Northwest Territories issues an equivalent order.

Joint approval

(4) The issuance of a unitization order by the Minister and of an equivalent order by the Government of the Northwest Territories is deemed to be their joint approval of the unit agreement and the unit operating agreement.

Effective date

(5) Subject to subsection (3), a unitization order becomes effective on the day established in the order, but that day is not to be less than 30 days after the day on which the order is issued.

Redetermination

48.093 The Minister, the Government of the Northwest Territories or a working interest owner may — in respect of future production — request a redetermination of

(a) the apportionment of the production from the straddling resource; or

(b) one or more of the elements set out in the unit agreement or the unit operating agreement.

No agreement — royalty owners and working interest owners

48.094 If the royalty owners and the working interest owners in respect of a straddling resource do not enter into an agreement in respect of the redetermination under section 48.093 within 90 days after the day on which the request is made, the Minister or the Government of the Northwest Territories may notify the other of their intention to refer the matter to an independent expert for a decision in accordance with section 48.095.

Independent expert

48.095 (1) Within 90 days after the day on which the Minister or the Government of the Northwest Territories is notified under subsection 5.1(8) or section 48.091 or 48.094, the Minister and the Government shall appoint the independent expert.

Qualifications

(2) The independent expert must be impartial and independent and have knowledge or experience relevant to the matter.

Appointment — drawing lots

(3) If the Minister and the Government of the Northwest Territories do not appoint the expert in accordance with subsection (1), each shall — within 30 days after the day on which the time to appoint an expert expires — submit to the other the names of up to two persons with the qualifications set out in subsection (2); they shall within 30 days after the day of submission select the independent expert from those persons by drawing lots and appoint that person as the independent expert.

Absence of submission, selection or appointment

(4) If the Minister or the Government of the Northwest Territories does not submit, select or appoint as required by subsection (3), they are deemed to make the same submission, selection or appointment — as the case may be — as the other and are bound by the decision of the independent expert.

Preliminary decision

(5) Within 90 days after the day on which they are seized of the matter or within any other period agreed to by the Minister and the Government of the Northwest Territories, the independent expert shall render a preliminary decision and the Minister and the Government are to be provided with it and the reasons for it, including any supporting documentation.

Clarification or reconsideration

(6) The Minister or the Government of the Northwest Territories may — within 60 days after being provided with the preliminary decision — request the independent expert to clarify or reconsider that decision and make additional submissions to the independent expert.

Further submissions

(7) If the Minister or the Government of the Northwest Territories does so request and make such submissions, they shall provide the other with a copy of those submissions. The other may — within 15 days after the day on which they receive that copy — make further submissions and shall provide the other with a copy of them.

Final decision

(8) Within 120 days after the day on which they render a preliminary decision, the independent expert shall render a final decision and the Minister and the Government of the Northwest Territories are to be provided with it and the reasons for it, including any supporting documentation.

Decision is final and binding

(9) An independent expert’s final decision is final and binding on the Minister and the Government of the Northwest Territories and is not to be challenged on appeal or judicial review in any court except on the ground that the independent expert erred in law or exceeded the independent expert’s jurisdiction.

Legal proceedings

(10) If a person acts as an independent expert,

(a) the person is not to be called to give evidence, and is not compellable as a witness, in any legal proceedings related to the matter; and

(b) the person’s records related to the matter are not admissible as evidence in any legal proceedings related to the matter.

Regulations —Inuvialuit lands

48.096 The Governor in Council may, if the Inuvialuit Regional Corporation agrees in writing under subsection 3.3(b) of the Agreement to be bound by a provision of Article 5 of the Agreement, make regulations adapting the definitions “Agreement”, “Inuvialuit Settlement Region” and “straddling resource” in section 2 and sections 48.01 to 48.095 accordingly.

R.S., c. P-21

Privacy Act

2013, c. 14, s. 19

26. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Northwest Territories Surface Rights Board

Office des droits de surface des Territoires du Nord-Ouest

Northwest Territories Water Board

Office des eaux des Territoires du Nord-Ouest

R.S., c. S-22

Statutory Instruments Act

2002, c. 7, s. 236

27. Subparagraph (b)(iv) of the definition “statutory instrument” in subsection 2(1) of the Statutory Instruments Act is replaced by the following:

(iv) a law made by the Legislature of Yukon, of the Northwest Territories or for Nunavut, a rule made by the Legislative Assembly of Yukon under section 16 of the Yukon Act, of the Northwest Territories under section 16 of the Northwest Territories Act or of Nunavut under section 21 of the Nunavut Act or any instrument issued, made or established under any such law or rule.

R.S., c. S-23

Canada Student Loans Act

2002, c. 7, s. 113

28. Subsection 2(2) of the Canada Student Loans Act is replaced by the following:

Territories

(2) In its application to Yukon, the Northwest Territories and Nunavut, the expression “lieutenant governor in council” in this Act means the Commissioner of Yukon, the Northwest Territories or Nunavut, acting after consultation with the Legislative Assembly of Yukon, the Northwest Territories or Nunavut, as the case may be.

R.S., c. T-7

Territorial Lands Act

2002, c. 7, s. 240

29. Subsection 3(2) of the Territorial Lands Act is replaced by the following:

Nunavut

(2) Sections 9 and 12 to 16 and paragraph 23(k) apply to territorial lands under the administration and control of the Commissioner of Nunavut.

2002, c. 7, s. 242

30. Section 6 of the Act is replaced by the following:

Consultation

6. The Governor in Council may exercise the powers mentioned in sections 4 and 5 only after consultation with the Legislative Assembly of the Northwest Territories or Nunavut, as the case may be, or — if it considers that consultation to be impracticable — after consultation with each of the members of the relevant Legislative Assembly with whom consultation can be effected.

2002, c. 7, s. 243(1)

31. (1) Subsection 9(1) of the Act is replaced by the following:

Interpretation

9. (1) In this section, the expressions “certif-icate of title” and “registrar” have the meanings assigned by any law of the Legislature of the Northwest Territories or for Nunavut, as the case may be, in respect of title to real property.

2002, c. 7, s. 243(2)

(2) Paragraph 9(3)(b) of the Act is replaced by the following:

(b) in the case of territorial lands described in subsection 3(2), by the Commissioner of Nunavut.

R.S., c. W-4

Dominion Water Power Act

2002, c. 7, s. 161

32. The definitions “Dominion water-powers” and “public lands” in section 2 of the Dominion Water Power Act are replaced by the following:

“Dominion water-powers”
« forces hydrauliques du Canada »

“Dominion water-powers” means any water-powers on public lands, or any other water-powers that are the property of Canada and have been or may be placed under the administration of the Minister, but does not include water-powers on lands under the administration and control of the Commissioner of Yukon or the Northwest Territories;

“public lands”
« terres domaniales »

“public lands” means lands belonging to Her Majesty in right of Canada and includes lands of which the Government of Canada has power to dispose but does not include lands under the administration and control of the Commissioner of Yukon or the Northwest Territories;

R.S., c. 3 (2nd Supp.)

Divorce Act

33. Paragraph (b) of the definition “Attorney General” in subsection 18(1) of the Divorce Act is replaced by the following:

(b) for the Northwest Territories, the member of the Executive Council of the Northwest Territories designated by the Commissioner of the Northwest Territories,

1997, c. 1, s. 9

34. Paragraph 20.1(1)(d) of the Act is replaced by the following:

(d) any member of the Legislative Assembly of the Northwest Territories, or any agency in the Northwest Territories, designated by the Commissioner of the Northwest Territories; or

R.S., c. 36 (2nd Supp.)

Canada Petroleum Resources Act

1996, c. 31, s. 58; 1998, c. 15, par. 49(a)

35. (1) Paragraphs (a) and (b) of the definition “frontier lands” in section 2 of the Canada Petroleum Resources Act are replaced by the following:

(a) that part of the onshore that is under the administration of a federal minister,

(b) Nunavut,

(d) the submarine areas in that part — of the internal waters of Canada or the territorial sea of Canada — that is not situated

(i) in a province other than the Northwest Territories, or

(ii) in that part of the onshore that is not under the administration of a federal minister, or

(e) the continental shelf of Canada,

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

“onshore”
« région intracôtière »

“onshore” has the same meaning as in section 2 of the Northwest Territories Act;

36. Section 101 of the Act is amended by adding the following after subsection (6):

Disclosure —governments and agencies

(6.1) The National Energy Board may disclose any information or documentation that it obtains under this Act or the Canada Oil and Gas Operations Act — to officials of the Government of Canada, the government of a province or a foreign government or to the representatives of any of their agencies — for the purposes of a federal, provincial or foreign law, as the case may be, that deals primarily with a petroleum-related work or activity, including the exploration for and the management, administration and exploitation of petroleum resources, if

(a) the government or agency undertakes to keep the information or documentation confidential and not to disclose it without the Board’s written consent;

(b) the information or documentation is disclosed in accordance with any conditions agreed to by the Board and the government or agency; and

Disclosure —Minister

(6.2) The National Energy Board may disclose to the Minister the information or documentation that it has disclosed or intends to disclose under subsection (6.1), but the Minister is not to further disclose that information or documentation unless the Board consents in writing to that disclosure or the Minister is required by an Act of Parliament to disclose that information or documentation.

Consent

(6.3) For the purposes of paragraph (6.1)(a) and subsection (6.2), the National Energy Board may consent to the further disclosure of information or documentation only if the Board itself is authorized under this section to disclose it.

37. The Act is amended by adding the following after section 117.1:

Northwest Territories

117.2 (1) An interest in respect of lands that straddle the onshore and the offshore — that is in effect on the coming into force of this section — is divided into two interests: one in respect of the portion of those lands that is situated in the onshore and one in respect of the portion that is situated in the offshore. Only the offshore interest is to be under the administration of a federal minister.

Assignment of new numbers

(2) The Registrar referred to in subsection 87(2) may assign new numbers to the interests resulting from the division of the interest.

Interpretation

(3) The division of the interest and assignment of new numbers is to be construed as a continuation of the interest and not as the issuance of new interests.

Definition of “offshore”

(4) In this section, “offshore” has the same meaning as in section 48.01 of the Canada Oil and Gas Operations Act.

R.S., c. 24 (4th Supp.)

Canadian Multiculturalism Act

2002, c. 7, s. 129

38. Paragraph (c) of the definition “federal institution” in section 2 of the Canadian Multiculturalism Act is replaced by the following:

(c) any institution of the Legislative Assembly or government of Yukon, the Northwest Territories or Nunavut, as the case may be, or

R.S., c. 31 (4th Supp.)

Official Languages Act

2002, c. 7, s. 224

39. Paragraph (i) of the definition “federal institution” in subsection 3(1) of the Official Languages Act is replaced by the following:

(i) any institution of the Legislative Assembly or government of Yukon, the Northwest Territories or Nunavut, or

2002, c. 7, s. 225

40. Paragraph 7(3)(a) of the Act is replaced by the following:

(a) a law made by the Legislature of Yukon, of the Northwest Territories or for Nunavut, or any instrument made under any such law, or

1990, c. 41

Hibernia Development Project Act

2002, c. 7, s. 178

41. The definition “federal laws” in subsection 2(1) of the Hibernia Development Project Act is replaced by the following:

“federal laws”
« lois fédérales »

“federal laws” includes Acts of Parliament, regulations as defined in section 2 of the Interpretation Act and any other rules of law within the jurisdiction of Parliament, and any provision of those Acts, regulations or rules of law, but does not include laws of the Legislature of Yukon, of the Northwest Territories or for Nunavut;

1991, c. 50; 2001, c. 4, s. 10

Federal Real Property and Federal Immovables Act

2002, c. 7, s. 171

42. Section 17 of the Federal Real Property and Federal Immovables Act is replaced by the following:

Territorial lands

17. (1) Despite section 3 of the Territorial Lands Act, sections 13 to 16 and 19 of that Act apply in respect of all federal real property in Nunavut.

Yukon and Northwest Territories

(1.1) Sections 13 to 16 and 19 of the Territorial Lands Act apply in respect of federal real property in Yukon or the Northwest Territories that is under the administration of a minister or an agent corporation.

Administration — Minister of Indian Affairs and Northern Development

(2) If any federal real property in Nunavut or any federal real property that is described in subsection (1.1) is granted in fee simple under this Act, the Minister of Indian Affairs and Northern Development has the administration of any property and rights that are reserved from the grant by virtue of subsection (1) or (1.1).

Administration— interest other than fee simple

(3) If an interest — other than the fee simple in that federal real property — that is under the administration of a minister is granted under this Act, that minister retains the administration of the property and rights that are reserved from the grant by virtue of subsection (1) or (1.1).

1993, c. 28

Nunavut Act

1998, c. 15, s. 16

43. Section 76.05 of the Nunavut Act and the heading before it are repealed.

1993, c. 41

Land Titles Repeal Act

2002, c. 7, s. 198

44. Subsection 4(1) of the Land Titles Repeal Act is replaced by the following:

Restriction

4. (1) Despite any other Act of Parliament, the Legislature of Yukon or of the Northwest Territories is, without the approval of the Governor in Council, not to repeal, amend or otherwise render inoperable any provision described in paragraph 3(2)(c).

2002, c. 7, s. 199

45. Subsection 5(1) of the Act is replaced by the following:

Certificate as evidence against Her Majesty

5. (1) Subject to subsection (2), a law of the Legislature of Yukon, of the Northwest Territories or for Nunavut may provide that a certificate of title granted under it is conclusive evidence in all courts as against Her Majesty, subject to the same exceptions that were contained in the Land Titles Act as it read immediately before it was repealed in respect of the Territory.

1996, c. 31

Oceans Act

2002, c. 7, s. 223

46. The definition “federal laws” in section 2 of the Oceans Act is replaced by the following:

“federal laws”
« droit »

“federal laws” includes Acts of Parliament, regulations as defined in subsection 2(1) of the Interpretation Act and any other rules of law within the jurisdiction of Parliament, but does not include laws of the Legislature of Yukon, of the Northwest Territories or for Nunavut;

1999, c. 33

Canadian Environmental Protection Act, 1999

2002, c. 7, s. 125

47. Subsection 207(1.1) of the Canadian Environmental Protection Act, 1999 is replaced by the following:

Territories

(1.1) This Part does not apply to

(a) public real property that is under the administration and control of the Commissioner of Yukon under the Yukon Act; or

(b) public lands that are under the administration and control of the Commissioner of the Northwest Territories under the Northwest Territories Act.

2000, c. 9

Canada Elections Act

2002, c. 7, s. 91

48. Paragraph 22(3)(c) of the Canada Elections Act is replaced by the following:

2002, c. 7, s. 92

49. Paragraph 65(c) of the Act is replaced by the following:

2000, c. 32

Canada National Parks Act

2009, c. 17, s. 7(1)

50. Subsection 41.1(4) of the Canada National Parks Act is replaced by the following:

Water licences

(4) The Minister may issue, amend, renew, suspend or cancel — or approve the assignment of — licences for the use of waters in the expansion area for the purposes of the mining access roads referred to in subsection (2) and, in relation to such licences, subsections 31(3) and 72.03(1), (6) and (7), sections 72.04, 72.1, 72.11, 72.13 and 72.15, subsections 85(1) and (2) and sections 85.1 to 85.3, 86.1 to 87, 89 and 93.2 of the Mackenzie Valley Resource Management Act, the regulations made under that Act and, until they are amended or repealed, the Northwest Territories Waters Regulations apply, with any adaptations that may be necessary, as if the references in those provisions to the federal Minister or the Board were references to the Minister responsible for the Parks Canada Agency and the references in those provisions to an inspector were references to the superintendent of the Park Reserve, a park warden or an enforcement officer designated for the purposes of this subsection.

2009, c. 17, s. 8

51. The portion of the paragraph beginning with “Saving and Excepting” in Part II of the description of “NAHANNI NATIONAL PARK RESERVE OF CANADA” in Schedule 2 to the Act is replaced by the following:

Saving and Excepting thereout and therefrom, all those lands within Part I, those within the area of Lot 2, Group 859 as shown on Plan 62730MC recorded in the Canada Lands Surveys Records at Ottawa and those described as the Prairie Creek Area being described as follows:

2002, c. 1

Youth Criminal Justice Act

2002, c. 7, s. 274

52. The definition “offence” in subsection 2(1) of the Youth Criminal Justice Act is replaced by the following:

“offence”
« infraction »

“offence” means an offence created by an Act of Parliament or by any regulation, rule, order, by-law or ordinance made under an Act of Parliament other than a law of the Legislature of Yukon, of the Northwest Territories or for Nunavut.

2002, c. 10

Nunavut Waters and Nunavut Surface Rights Tribunal Act

53. (1) Subparagraph 60(1)(a)(ii) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act is replaced by the following:

(ii) held a licence that was issued under this Act, the Mackenzie Valley Resource Management Act or a law of the Legislature of the Northwest Territories to deposit waste in the Northwest Territories or in Nunavut,

(2) Subparagraph 60(1)(a)(iv) of the Act is replaced by the following:

(iv) was — as authorized by regulations made under this Act or a law of the Legislature of the Northwest Territories— using waters or depositing waste in the Northwest Territories or in Nunavut without a licence that was issued under this Act, the Mackenzie Valley Resource Management Act or a law of the Legislature of the Northwest Territories,

2003, c. 22, s. 2

Public Service Labour Relations Act

2003, c. 22, s. 273

54. Subsection 18(2) of the Public Service Labour Relations Act is replaced by the following:

Exception

(2) Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Legislature of Yukon, of the Northwest Territories or for Nunavut with powers and functions similar to those of the Board.

2003, c. 22, ss. 12 and 13

Public Service Employment Act

2003, c. 22, s. 272

55. The definition “territorial election” in subsection 111(1) of the Public Service Employment Act is replaced by the following:

“territorial election”
« élection territoriale »

“territorial election” means an election to the Legislative Assembly of Yukon, the Northwest Territories or Nunavut.

2005, c. 1

Tlicho Land Claims and Self-Government Act

56. Subsection 5(1) of the Tlicho Land Claims and Self-Government Act is replaced by the following:

Conflict with Agreement or this Act

5. (1) In the event of an inconsistency or conflict between the Agreement or this Act, or any regulations made under this Act, and the provisions of any other Act of Parliament, any law of the Legislature of the Northwest Territories, any regulations made under any of those other Acts or laws, or any Tlicho law, then the Agreement or this Act, or regulations made under this Act, as the case may be, prevail to the extent of the inconsistency or conflict.

57. Paragraph 14(1)(b) of the Act is replaced by the following:

(b) the validity or applicability of this Act, the law of the Legislature of the Northwest Territories entitled the Tlicho Land Claims and Self-Government Agreement Act or any Tlicho law,

C.R.C., c. 1239

Amendments to the Oaths of Allegiance and Office and Seat of Government Order (N.W.T.)

58. The long title of the Oaths of Allegiance and Office and Seat of Government Order (N.W.T.) is replaced by the following:

Order prescribing oaths of allegiance and office

59. Section 1 of the Order is replaced by the following:

1. This Order may be cited as the Oaths of Allegiance and Office Order (N.W.T.).

60. Section 2 of the Order is replaced by the following:

2. The oath of allegiance prescribed by the Oaths of Allegiance Act is the oath of allegiance to be taken and subscribed by the Commissioner of the Northwest Territories.

61. Section 4 of the Order is repealed.

62. Section 6 of the Order and the heading before it are repealed.

63. Schedule II to the Order is repealed.

Coordinating Amendments

2013, c. 14

64. (1) In this section, “other Act” means the Northern Jobs and Growth Act.

(2) If section 18 of the other Act comes into force before section 22 of this Act, then that section 22 is replaced by the following:

22. (1) Paragraph 5.01(2)(a.1) of the Act is replaced by the following:

(a.1) in the case of land in the Northwest Territories, an order made by a territorial tribunal that is competent to resolve matters in dispute relating to access to the surface of lands; and

(2) Subsection 5.01(3) of the Act is replaced by the following:

Exception

(3) Subsections (1) and (2) do not apply to Inuit-owned land as defined in subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

(3) If section 22 of this Act comes into force before section 18 of the other Act, then that section 18 is repealed.

(4) If section 18 of the other Act comes into force on the same day as section 22 of this Act, then that section 22 is deemed to have come into force before that section 18 and subsection (3) applies as a consequence.

Repeals

Acts

Repeal

65. The Northwest Territories Act, chapter N-27 of the Revised Statutes of Canada, is repealed.

Repeal

66. The Northwest Territories Waters Act, chapter 39 of the Statutes of Canada, 1992, is repealed.

Repeal

67. The Northwest Territories Surface Rights Board Act, chapter 14, section 11, of the Statutes of Canada, 2013, is repealed.

Orders and Regulations

Repeal of C.R.C., 1236

68. The order entitled Game Declared in Danger of Becoming Extinct is repealed.

Repeal of C.R.C., 1238

69. The Northwest Territories Reindeer Regulations is repealed.

Repeal of Order in Council P.C. 1987-7/466 of March 12, 1987

70. The Management of Forests in the Northwest Territories Designation Order is repealed.

Repeal of Order in Council P.C. 1987-8/466 of March 12, 1987

71. The Fire Management in the Northwest Territories Designation Order is repealed.

Repeal of SOR/2001-219

72. The Northwest Territories Archaeological Sites Regulations is repealed.

Coming into Force

Order in council

73. (1) This Part, other than sections 47 and 64, comes into force on a day to be fixed by order of the Governor in Council.

Section 47

(2) Section 47 comes into force on a day to be fixed by order of the Governor in Council, on the recommendation of the Minister of the Environment.

PART 2

R.S., c. T-7

AMENDMENTS TO THE TERRITORIAL LANDS ACT

74. Section 2 of the Territorial Lands Act is amended by adding the following in alphabetical order:

“penalty”
« pénalité »

“penalty” means an administrative monetary penalty imposed under this Act for a violation;

75. Section 7 of the Act is replaced by the following:

Principal offences

7. (1) Every person is guilty of an offence who

(a) contravenes any regulation made under section 5; or

(b) fails to comply with any term or condition of a permit issued under such a regulation.

Punishment

(1.1) Every person who commits an offence under subsection (1) is liable on summary conviction,

(a) for a first offence, to a fine not exceeding $100,000; and

(b) for a second or subsequent offence, to a fine not exceeding $200,000.

Continuing offences

(2) 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.

76. Section 21 of the Act is replaced by the following:

Offences and punishment — trespassing

21. (1) A person who remains on territorial lands, returns to them or assumes any possession or occupancy of them after having been ordered to vacate them under section 20 or after having been removed from them under that section is guilty of an offence and 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.

Continuing offences

(2) 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.

77. The Act is amended by adding the following after section 30:

Deeming — subsequent offences

31. (1) For the purposes of subsections 7(1.1) and 21(1), 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 any Act of Parliament — or any Act of the legislature of a province — that relates to environmental or wildlife conservation or protection.

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.

ADMINISTRATION AND ENFORCEMENT

Designation

32. (1) The Minister may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of this Act.

Certificate of designation

(2) An enforcement officer is to receive a certificate attesting to their designation and must, on request, present the certificate to any person appearing to be in charge of any place that the enforcement officer enters under subsection 33(1).

Authority to enter

33. (1) An enforcement officer may, for a purpose related to verifying compliance with this Act, enter any place in which the enforcement officer has reasonable grounds to believe there is any document, information or other thing to which this Act applies.

Powers on entry

(2) The enforcement officer may, for that purpose,

(a) examine any document, information or other thing that is in the place and open or cause to be opened any container or other thing;

(b) test or cause to be tested anything that is in the place;

(d) use, or cause to be used, any computer system in the place to examine any information contained in or available to the system;

(e) reproduce, or cause to be reproduced, any information in the form of a printout, or other intelligible output, and remove the printout, or other output, for examination or copying;

(f) use, or cause to be used, any copying equipment or means of telecommunication at the place;

(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 enforcement officer’s satisfaction or to stop or start an activity;

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

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

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

Duty to assist

(3) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the enforcement officer to perform their functions under this section and must provide any documents or information, and access to any data, that are reasonably required for that purpose.

Enforcement officer may be accompanied

(4) The enforcement officer may be accompanied by any other person that they believe is necessary to help them perform their functions under this section.

Dwelling-place

(5) An enforcement officer must not enter any place designed to be used and being used as a permanent or temporary private dwelling-place.

Private property

34. An enforcement officer and any person accompanying them may enter private property, other than a dwelling-place, and pass through it in order to gain entry to any place referred to in subsection 33(1).

False or misleading information

35. (1) A person must not knowingly make a false or misleading statement or provide false or misleading information, in connection with any matter under this Act, to an enforcement officer who is performing their functions under section 33.

Obstruction or hindrance

(2) A person must not obstruct or hinder an enforcement officer who is performing their functions under section 33.

ADMINISTRATIVE MONETARY PENALTIES

Regulations

36. (1) The Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 37 to 55, 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 its regulations,

(ii) the contravention of any order, direction or decision — or of any order, direction or decision of a specified class — made under this Act, or

(iii) the failure to comply with a term or condition of any permit or licence — or of any permit or licence of a specified class — 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;

(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 considered to be served; and

(e) respecting reviews by the Minister in respect of a notice of violation.

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 must not be more than $25,000, in the case of an individual, and $100,000 in the case of any other person.

Violations

Who may issue notices

37. Persons who are designated as enforcement officers under section 32 are authorized to issue notices of violation.

Commission of violation

38. (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 36(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations.

Purpose of penalty

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

Liability of directors, officers, etc.

39. If a corporation commits a violation, any director, officer or agent 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.

Proof of violation

40. 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 of the person, whether or not the employee or agent is identified or proceeded against in accordance with this Act.

Issuance and service of notice of violation

41. (1) If an enforcement officer believes on reasonable grounds that a person has committed a violation, the enforcement officer may issue a notice of violation and cause it to be served on the person.

Contents

(2) The notice of violation must

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

(b) set out the relevant facts surrounding the violation;

(d) inform the person of their right to request a review with respect to the violation or the amount of the penalty, and of the period within which that right must 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.

Rules About Violations

Certain defences not available

42. (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.

Common law principles

(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.

Continuing violation

43. 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.

Violation or offence

44. (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.

Violations not offences

(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.

Limitation period

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

Reviews

Right to request review

46. A person who is served with a notice of violation may — within 30 days after the day on which it is served or within any longer period that is prescribed by the regulations — make a request to the Minister for a review of the amount of the penalty or the facts of the violation, or both.

Correction or cancellation of notice of violation

47. At any time before a request for a review in respect of a notice of violation is received by the Minister, an enforcement officer may cancel the notice of violation or correct an error in it.

Review

48. On receipt of a request for a review in respect of a notice of violation, the Minister shall conduct the review.

Object of review

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

Determination

(2) The Minister shall render a determination in writing and cause the person who requested the review to be served with a copy of the determination and the reasons for it.

Correction of penalty

(3) If the Minister determines that the amount of the penalty was not determined in accordance with the regulations, the Minister shall correct it.

Responsibility

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

Determination final

(5) A determination made under this section 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.

Burden of proof

50. If the facts of a violation are reviewed, the enforcement officer 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.

Responsibility

Payment

51. 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.

Failure to act

52. A person that 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 46 — is considered to have committed the violation and is liable to the penalty.

Recovery of Penalties

Debts to Her Majesty

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

Limitation period

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

Certificate

54. (1) The Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 53(1).

Registration

(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

Authenticity of documents

55. In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 41(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

PART 3

1992, c. 39

NORTHWEST TERRITORIES WATERS ACT

Amendments to the Act

78. (1) The definition “licensee” in section 2 of the English version of the Northwest Territories Waters Act is repealed.

(2) The definition “Board” in section 2 of the Act is replaced by the following:

“Board”
« Office »

“Board” means the Inuvialuit Water Board established by section 10;

(3) Section 2 of the Act is amended by adding the following in alphabetical order:

“Gwich’in First Nation”
« première nation des Gwichins »

“Gwich’in First Nation” has the same meaning as in section 2 of the Mackenzie Valley Resource Management Act;

“Inuvialuit Final Agreement”
« Convention définitive des Inuvialuits »

“Inuvialuit Final Agreement” means the Agreement as defined in section 2 of the Western Arctic (Inuvialuit) Claims Settlement Act;

“Inuvialuit Regional Corporation”
« Société régionale inuvaluite »

“Inuvialuit Regional Corporation” means the Inuvialuit Regional Corporation referred to in the Inuvialuit Final Agreement, or an entity designated by that Corporation;

“Inuvialuit Settlement Region”
« région inuvialuite designée »

“Inuvialuit Settlement Region” has the same meaning as in section 2 of the Inuvialuit Final Agreement;

“penalty”
« pénalité »

“penalty” means an administrative monetary penalty imposed under this Act for a violation;

“Sahtu First Nation”
« première nation du Sahtu »

“Sahtu First Nation” has the same meaning as in section 2 of the Mackenzie Valley Resource Management Act;

“territorial minister”
« ministre territorial »

“territorial minister” means the person occupying the recognized position of Minister of the Northwest Territories responsible for water resources;

“Tlicho Government”
« gouvernement tlicho »

“Tlicho Government” has the same meaning as in section 2 of the Mackenzie Valley Resource Management Act;

1998, c. 25, s. 165(2)

79. Subsection 2.1(2) of the Act is replaced by the following:

Mackenzie Valley

(2) Sections 7.2, 7.3, 10 to 13, 18.1, 20 and 22, paragraphs 23(1)(b) and (2)(b), section 24, subsections 24.3(2) and (3), section 24.6, section 26 except in relation to type A licences, sections 27 to 28.2, subsection 37(2) and sections 44.01 to 44.3 do not apply in respect of the Mackenzie Valley, as defined in section 2 of the Mackenzie Valley Resource Management Act.

80. Section 6 of the Act is replaced by the following:

Delegation to territorial minister

6. After consultation with the Board, the Minister may, in writing, delegate to the territorial minister any of the Minister’s powers, duties and functions under this Act, either generally or as otherwise provided in the instrument of delegation.

81. The Act is amended by adding the following after section 7.1:

Consultation

Duty to consult

7.2 When, in relation to any matter, a reference is made in this Act to consultation, the duty to consult shall be exercised

(a) by providing, to the party to be consulted,

(i) notice of the matter in sufficient form and detail to allow the party to prepare its views on the matter,

(ii) a reasonable period for the party to prepare its views, and

(iii) an opportunity to present its views to the party having the duty to consult; and

(b) by considering, fully and fairly, any views so presented.

Consultation — Act or regulation

7.3 The Minister shall consult with the Gwich’in and Sahtu First Nations, the Tlicho Government, the Inuvialuit Regional Corporation, the territorial minister and the Board with respect to the amendment of this Act or the making or amendment of any regulation under this Act.

82. Section 10 of the Act and the heading before it are replaced by the following:

INUVIALUIT WATER BOARD

Board Established

Establishment

10. (1) The Inuvialuit Water Board is established.

Capacity

(2) The Board has, for the purposes of its functions, the capacity, rights, powers and privileges of a natural person.

Main office

(3) The main office of the Board shall be at any place that is in the portion of the Inuvialuit Settlement Region located in the Northwest Territories and that is designated by the Governor in Council. If no place is so designated, it shall be at Inuvik.

Membership

(4) The Board shall consist of five members appointed by the Minister, including the Chairperson, two members appointed on the nomination of the Inuvialuit Regional Corporation and one member appointed on the nomination of the territorial minister.

Chairperson —nomination by members

10.1 (1) The Chairperson of the Board shall be appointed by the Minister from persons nominated by a majority of the members of the Board.

Chairperson — appointment by Minister

(2) If a majority of the members of the Board does not nominate a person acceptable to the Minister within a reasonable time, the Minister may appoint any person as Chairperson.

Absence or incapacity of Chairperson

(3) The Board may designate a member to act as its Chairperson during the absence or incapacity of the Chairperson or a vacancy in the office of Chairperson, and that person while so acting may exercise the powers and shall perform the duties and functions of the Chairperson.

Powers, duties and functions of Chairperson

10.2 The Chairperson of the Board is its chief executive officer and has the powers, duties and functions prescribed by the rules of the Board.

Quorum

10.3 A quorum of the Board consists of three members, including one of the members appointed on the nomination of the Inuvialuit Regional Corporation and one of the members not so appointed other than the Chairperson.

Alternate members

10.4 The Minister may appoint alternate members to act in the event of the absence or incapacity, or a vacancy in the office, of a member of the Board, including

(a) one or more persons on the nomination of the Inuvialuit Regional Corporation to act as a member when the absence or incapacity, or vacancy in the office, is in respect of a member who was appointed on such a nomination;

(b) one or more persons on the nomination of the territorial minister to act as a member when the absence or incapacity, or vacancy in the office, is in respect of a member who was appointed on such a nomination; and

(c) one or more persons to act when the absence or incapacity, or vacancy in the office, is in respect of a member other than a member referred to in paragraph (a) or (b).

Term of Office

Term of office

10.5 (1) Members of the Board and alternate members hold office for a term of three years.

Reappointment

(2) Members of the Board and alternate members may be reappointed in the same or another capacity.

Removal by Minister after consultation

(3) Members of the Board and alternate members may be removed from office for cause by the Minister, after consultation by the Minister with the Board. If the member or alternate member was appointed on the nomination of the Inuvialuit Regional Corporation or the territorial minister, the Minister shall also consult with the Inuvialuit Regional Corporation or the territorial minister, as the case may be.

Acting after expiry of term

10.6 (1) If the Chairperson 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, renewal, amendment or cancellation of a licence, as the case may be, the Chairperson may request in writing that the 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, their office is deemed to be vacant as soon as their term expires.

Request

(2) A request under subsection (1) shall be made at least two months before the day on which the member’s term expires.

Deemed acceptance

(3) If the 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.

Remuneration

Remuneration and expenses — members

10.7 (1) Members of the Board are to receive the remuneration determined by the Minister for the exercise of their powers and the performance of their duties and functions and are to be paid the travel and living expenses that are incurred by them while absent from their ordinary place of residence that are consistent with Treasury Board directives for public servants.

Remuneration and expenses —alternate members

(2) Alternate members are not entitled to receive any remuneration unless they attend a meeting, training session or other event at the request of the Chairperson, in which case they are to receive the remuneration that is determined by the Minister, and are to be paid the travel and living expenses incurred by them while absent from their ordinary place of residence that are consistent with Treasury Board directives for public servants.

2003, c. 22, par. 224(z.60)(E)

83. Section 11 of the Act is replaced by the following:

Staff

Employment and remuneration

11. The Board may employ any employees and engage the services of any agents, advisers and experts that are necessary for the proper conduct of the business of the Board and may fix the terms and conditions of their employment or engagement and pay their remuneration.

2002, c. 10, s. 183

84. Section 12 and the heading before it are replaced by the following:

Deemed employment

11.1 The members of the Board, alternate members who attend meetings, training sessions or other events at the request of the Chairperson and employees are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Conflict of Interest

Conflict of interest —members and staff

11.2 (1) A member of the Board, an employee or an agent, adviser or expert shall not perform their functions in relation to a matter if doing so would place them in a conflict of interest.

Status or entitlements under Inuvialuit Final Agreement

(2) A person is not placed in a conflict of interest solely because of any status or entitlement conferred on them under the Inuvialuit Final Agreement.

Immunity

Acts done in good faith

11.3 No action lies against a member or an employee for anything done or omitted to be done in good faith in the performance, or purported performance, of any power, duty or function under this Act.

OBJECTS AND POWERS OF BOARD

Objects

12. The objects of the Board are to provide for the conservation, development and utilization of waters in a manner that will provide the optimum benefit for all Canadians in general and, in particular, for the residents of the portion of the Inuvialuit Settlement Region located in the Northwest Territories for which the Board is authorized to issue licences.

85. (1) Subsection 13(1) of the Act is replaced by the following:

Minister’s policy directions to Board

13. (1) The Minister may, after consultation with the Board, give written policy directions to the Board with respect to the carrying out of any of its powers, duties and functions under this Act, and the Board shall, subject to subsections (2) and (3), comply with those policy directions.

(2) Paragraph 13(2)(b) of the Act is replaced by the following:

(b) have been approved by the Board and are awaiting the approval referred to in section 18.1.

(3) Section 13 of the Act is amended by adding the following after subsection (3):

Notice in Canada Gazette

(3.1) Immediately after the Minister’s written policy direction is given to the Board, the Minister shall publish a notice in the Canada Gazette stating that the policy direction will be published by the Board on its Internet site. The Board shall publish the policy direction on its Internet site as soon as feasible and may also make it accessible by any other means that the Board considers appropriate.

86. (1) Subsection 14(1) of the Act is replaced by the following:

Issuance of licences

14. (1) Subject to this section, the Board may issue, in accordance with the criteria set out in the regulations made under paragraph 33(1)(c), type A licences and type B licences permitting the applicant for the licence, on payment of the fees prescribed by regulations made under subparagraph 33(1)(k)(i), at the times and in the manner prescribed by any applicable regulations made under paragraph 33(1)(l) or, in the absence of such regulations, at the times and in the manner set out in the licence, to use waters or deposit waste, or both, in connection with the operation of the appurtenant undertaking and in accordance with the conditions specified in the licence.

Term of licence

(1.1) A licence under subsection (1) may be issued for a term

(a) not exceeding 25 years, in the case of a type A licence in respect of a prescribed class of undertakings or in the case of a type B licence; or

(b) not exceeding the anticipated duration of the undertaking, in the case of a type A licence other than one described in paragraph (a).

(2) Subsection 14(6) of the Act is repealed.

87. (1) The portion of paragraph 18(1)(a) of the Act before subparagraph (i) is replaced by the following:

(a) renew a licence, with or without changes to its conditions, for a term not exceeding 25 years in the case of a type A licence in respect of a prescribed class of undertakings or in the case of a type B licence, or for a term not exceeding the anticipated duration of the undertaking in the case of any other type A licence,

(2) Subsection 18(3) of the Act is replaced by the following:

Application to cancel licence

(3) An application to cancel a licence must be in the form and contain the information that is prescribed by the regulations.

88. The Act is amended by adding the following after section 18:

Approval to issue, renew, amend or cancel licence

18.1 The Board may issue, renew, amend or cancel a licence only with the approval

(a) in the case of a type A licence, of the Minister; or

(b) in the case of a type B licence,

(i) of the Chairperson of the Board, if no public hearing is held by the Board in connection with the issuance, renewal, amendment or cancellation of the licence, or

(ii) of the Minister, if a public hearing is held by the Board in connection with the issuance, renewal, amendment or cancellation of the licence.

89. The Act is amended by adding the following after section 23:

Notice — on Board’s initiative

23.1 (1) The Board shall give notice of its intention to consider, on its own initiative, the renewal of a licence under subparagraph 18(1)(a)(ii), or the amendment of a condition of a licence under subparagraph 18(1)(b)(ii) or (iii), by publishing a notice in a newspaper of general circulation in the area affected or, if there is not such a newspaper, in any other manner that the Board considers appropriate.

Exception

(2) Subsection (1) does not apply in respect of an application for the amendment of a licence if the Board, with the consent of the Minister, declares the amendment to be required on an emergency basis.

90. (1) Paragraph 24(b) of the Act is replaced by the following:

(b) the powers, duties and functions of the Chairperson of the Board;

(b.1) the circumstances in which an alternate member is to perform the powers, duties and functions of a member who is absent or incapacitated or whose office is vacant and the process for selecting among alternate members;

(b.2) in the case of a member whose term has expired, the circumstances in which a member may continue to perform their powers, duties and functions in relation to a matter involving a public hearing until a decision is made by the Board;

(2) Paragraph 24(d) of the Act is replaced by the following:

(d) any other matter concerning the carrying on of its work, the conduct and management of its internal affairs, and the powers, duties and functions of its officers and employees and its agents, advisers and experts.

91. The Act is amended by adding the following after section 24:

TIME LIMITS

Authority to Act

Authority, etc.

24.1 The failure of the Minister or the Board to exercise a power or perform a duty or function within a time limit under this Act does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise of such a power or performance of such a duty or function.

Decisions by Board and Approvals

Type A licence and type B licence if public hearing held

24.2 (1) In the case of an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or in the case when the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 23.1(1).

Referral to Minister for approval

(2) If the Board decides to issue, renew or amend the licence, that decision shall be immediately referred to the Minister for approval.

Decision of Minister and reasons

(3) The Minister shall, within 45 days after the Board’s decision is referred to him or her, notify the Board whether or not the decision is approved and, if it is not approved, provide written reasons in the notification.

Extension of time limit

(4) The Minister may extend that time limit by not more than an additional 45 days, if the Minister notifies the Board of the extension within the first 45 days.

Absence of decision

(5) If the Minister does not notify the Board whether or not the decision is approved within the time limit referred to in subsection (3) or (4), whichever is applicable, the Minister is deemed to have given approval.

Other type B licences

24.3 (1) In the case of an application for the issuance, renewal or amendment of a type B licence in connection with which no public hearing is held or in the case when the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 23.1(1).

Referral to Chairperson

(2) If the Board decides to issue, renew or amend the licence, that decision shall be immediately referred to the Chairperson for his or her approval.

Chairperson’s decision

(3) The Chairperson must, without delay after the Board’s decision is referred to him or her, notify the Board whether or not the decision is approved.

Day on which application is made

24.4 An application is considered to be made on the day on which the Board is satisfied that the application is in the form, and contains all of the information, that is prescribed by the regulations.

Excluded Periods

Excluded period

24.5 If the Board requires an applicant or a licensee to provide information or studies, then the period taken by the applicant or licensee, in the Board’s opinion, to provide the required information or studies is not included in the calculation of the time limit under subsection 24.2(1) or 24.3(1) or of an extension of the time limit.

Suspension of time limit

24.6 The Board may suspend the time limit referred to in subsection 24.2(1) or 24.3(1) or the extension of such a limit

(a) if the proposed use of waters or deposit of waste is part of a development in respect of which an environmental screening, environmental assessment or environmental impact review is required under an Act of Parliament or the Inuvialuit Final Agreement, until the screening, assessment or review is completed;

(b) if the Board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 14(4), until the applicant satisfies the Board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;

(c) if the board is not permitted to issue a licence except in accordance with subsection 15.1(1), until the applicant has entered into a compensation agreement under paragraph 15.1(1)(a) or until a determination of compensation has been made under paragraph 15.1(1)(b), as the case may be; or

(d) if the Board receives notice under subsection 78(1) or 79.2(1) of the Mackenzie Valley Resource Management Act, until the requirements of subsection 78(3) or 79.2(3) of that Act, as the case may be, have been met.

Extensions

Extension of time limit by Minister

24.7 (1) The Minister may, at the request of the Board, extend the time limit referred to in subsection 24.2(1) or 24.3(1) by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.

Extension of time limit by Governor in Council

(2) The Governor in Council may, by order, on the recommendation of the Minister, further extend, any number of times, the time limit extended under subsection (1).

92. The Act is amended by adding the following after section 28:

REPORTS

Annual report

28.1 (1) The Board shall, within three months after the end of each fiscal year, submit to the Minister, in the form that the Minister may specify, a report on the activities of the Board in that year, including its financial statements for the year and any other matters that the Minister may specify.

Publication on Internet

(2) The Board shall publish the annual report on its Internet site and, if the Board considers it appropriate, make it available by any other means.

COST RECOVERY

Obligation to pay costs

28.2 (1) For the Minister to recover costs incurred in relation to the consideration of an application for a licence or for the renewal, amendment or cancellation of a licence, the applicant or a licensee shall pay to the Minister

(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 Board or of its members;

(b) any costs incurred by the 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 Minister.

Debt due to Her Majesty

(2) The costs and amounts that a person must 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.

93. Subsection 31(4) of the Act is replaced by the following:

Copy of document evidencing permission to be deposited

(4) A copy of the document evidencing the permission granted by the Minister under subsection (1), certified as such by the Chairperson of the Board, shall be deposited with the registrar or registrars of titles for the land registration district or districts in which the lands affected by the permission are situated.

94. (1) Subsection 33(1) of the Act is amended by adding the following after paragraph (l):

(l.1) respecting the recovery of amounts and costs for the purposes of section 28.2, including prescribing amounts and services for the purposes of that section and exempting any class of applicants or licensees from the application of that section;

(2) Subsection 33(1) of the Act is amended by striking out “and” at the end of paragraph (t) and by adding the following after that paragraph:

(t.1) prescribing anything that is to be prescribed under this Act; and

(3) Paragraph 33(1)(u) of the French version of the Act is replaced by the follow-ing:

u) d’une façon générale, prendre toute autre mesure nécessaire à l’application de la présente loi.

95. Section 40 of the Act is replaced by the following:

Principal offences

40. (1) Every person is guilty of an offence who

(a) contravenes subsection 8(1) or section 9;

(b) fails to comply with subsection 8(3); or

Punishment

(2) Every person 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.

Offences — type A licensees

40.1 (1) Every type A licensee 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 41; or

(b) without reasonable excuse, fails to furnish or maintain security as required under subsection 17(1).

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.

Offences —type B licensees

40.2 (1) Every type B licensee 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 41; or

(b) without reasonable excuse, fails to furnish or maintain security as required under subsection 17(1).

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 $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.

Continuing offences

40.3 An offence under subsection 40(1), 40.1(1) or 40.2(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.

Deeming —subsequent offences

40.4 (1) For the purposes of subsections 40(2), 40.1(2) and 40.2(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 any Act of Parliament — or any Act of the legislature of a province — that relates to environmental or wildlife conservation or protection.

Application

96. Section 42 of the Act is replaced by the following:

Limitation period or prescription

42. No proceedings in respect of an offence under this Act are to be instituted more than five years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged offence.

97. Subsection 43(1) of the Act is replaced by the following:

Action to enjoin not prejudiced by prosecution

43. (1) Despite the fact that a prosecution has been instituted in respect of an offence under subsection 40(1), 40.1(1), or 40.2(1), the Attorney General of Canada may commence and maintain proceedings to enjoin conduct that constitutes an offence under any of those subsections.

98. The Act is amended by adding the following after section 44:

ADMINISTRATIVE MONETARY PENALTIES

Regulations

44.01 (1) The Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 44.02 to 44.3, 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 its regulations,

(ii) the contravention of any order, direction or decision — or of any order, direction or decision of a specified class— made or given under this Act, or

(iii) the failure to comply with a term or condition of any licence or a term or condition of a specified class of licences;

(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;

(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 considered to be served; and

(e) respecting reviews by the Minister in respect of a notice of violation.

Maximum

Violations

Who may issue notices

44.02 Persons who are designated as inspectors under section 35 are authorized to issue notices of violation.

Commission of violation

44.03 (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 44.01(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations.

Purpose of penalty

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

Liability of directors, officers, agents and mandataries

44.04 If a corporation commits a violation, any director, officer, 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.

Proof of violation

44.05 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, agent or mandatary is identified or proceeded against in accordance with this Act.

Issuance and service of notice of violation

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

Contents

(2) The notice of violation must

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

(b) set out the relevant facts surrounding the violation;

(d) inform the person of their right to request a review with respect to the violation or the amount of the penalty and of the period within which that right must 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.

Inspector to provide copy to Board

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

Rules About Violations

Certain defences not available

44.07 (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.

Common law principles

Continuing violation

44.08 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.

Violations or offences

44.09 (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.

Violations not offences

(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.

Limitation period or prescription

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

Reviews

Right to request review

44.11 A person who is served with a notice of violation may — within 30 days after the day on which it is served or within any longer period that is prescribed by the regulations — make a request to the Minister for a review of the amount of the penalty or the facts of the violation, or both.

Correction or cancellation of notice of violation

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

Review

44.13 On receipt of a request for a review in respect of a notice of violation, the Minister shall conduct the review.

Object of review

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

Determination

(2) The Minister shall render a determination in writing and cause the person who requested the review to be served with a copy of the determination, with reasons. A copy of the determination, with reasons, shall also be provided without delay to the Board.

Correction of penalty

(3) If the Minister determines that the amount of the penalty was not determined in accordance with the regulations, the Minister shall correct it.

Responsibility

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

Determination final

(5) A determination made under this section 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.

Burden of proof

44.15 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.

Responsibility

Payment

44.16 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.

Failure to act

44.17 A person that 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 44.11 — is considered to have committed the violation and is liable to the penalty.

Recovery of Penalties

Debts to Her Majesty

44.18 (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.

Limitation period or prescription

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

Certificate

44.19 (1) The Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 44.18(1).

Registration

(2) Registration of a certificate of non-payment in any court of competent jurisdiction 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

Authenticity of documents

44.2 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 44.06(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

Publication

44.3 The Board may, subject to any regulations, make public the nature of a violation, the name of the person who committed it and the amount of the penalty.

99. The portion of subsection 46(3) of the Act before paragraph (a) is replaced by the following:

Licenses

(3) Sections 40.1 and 40.2 of this Act do not apply in respect of any condition of a licence referred to in subsection (1)

Transitional Provisions

Definitions

100. The following definitions apply in this section and in sections 101 to 109.

“former Board”
« ancien Office »

“former Board” means the Northwest Territories Water Board established by section 10 of the Northwest Territories Waters Act, as that section read immediately before this section comes into force.

“new Board”
« nouvel Office »

“new Board” means the Inuvialuit Water Board established by section 10 of the Northwest Territories Waters Act, as amended by section 82.

Chairperson and other members of former Board

101. The Chairperson and every other member of the former Board holding office immediately before the coming into force of this section continue to exercise their powers and perform their duties and functions as members of the new Board until the expiry or revocation of their appointment, despite subsection 10(4) of the Northwest Territories Waters Act, as amended by section 82. However, the vice-chairperson of the former Board ceases to act as vice-chairperson on the coming into force of that section 82.

Decisions, etc., continued

102. Every decision, order, determination and declaration made by the former Board is deemed to have been made by the new Board.

Licences

103. (1) All licences, including any terms and conditions attached to them, issued under the Northwest Territories Waters Act, as it read immediately before the day on which this section comes into force, that were in force on that day continue in force after that day as if they had been issued in accordance with the Northwest Territories Waters Act as it reads on that day.

For greater certainty

(2) For greater certainty, the new Board may exercise all its powers and perform all its duties and functions under the Northwest Territories Waters Act, as it reads on the day on which this section comes into force, with respect to the licences that are continued by subsection (1).

Transfer of proceedings and applications

104. (1) Any proceedings and applications that the former Board was seized of immediately before the day on which this section comes into force are transferred to the new Board and are to be continued and disposed of in accordance with the Northwest Territories Waters Act, as it reads on that day, except as provided under subsection (2).

Time limits

(2) An application for the issuance, renewal or amendment of a licence that was made before the coming into force of this section is considered to have been made on the day of that coming into force for the purpose of determining the periods under sections 24.2 and 24.3 of the Northwest Territories Waters Act.

References

105. Every reference to the former Board in any deed, contract, agreement or other document executed by the former Board in its own name is, unless the context otherwise requires, to be read as a reference to the new Board.

Transfer of rights and obligations

106. All rights and property of the former Board and of Her Majesty in right of Canada that are under the administration and control of the former Board and all obligations of the former Board are transferred to the new Board.

Commencement of legal proceedings

107. Every action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Board may be brought against the new Board in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Board.

Continuation of legal proceedings

108. Every action, suit or other legal proceeding to which the former Board is party that is pending in any court immediately before the day on which this section comes into force may be continued by or against the new Board in like manner and to the same extent as it could have been continued by or against the former Board.

Transfer of appropriations

109. Any amount appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the charges and expenses of the former Board that, on that coming into force, is unexpended is deemed to have been appropriated to defray the charges and expenses of the new Board.

1998, c. 25

Consequential Amendment to the Mackenzie Valley Resource Management Act

2005, c. 1, s. 34(3)

110. Subsection 60(4) of the Mackenzie Valley Resource Management Act is replaced by the following:

Northwest Territories Waters Act

(4) Despite subsection (1), sections 7.2, 7.3, 10 to 13, 18.1, 20 and 22, paragraphs 23(1)(b) and (2)(b), section 24, subsections 24.3(2) and (3), section 24.6, section 26 except in relation to type A licences under that Act, sections 27 to 28.2, subsection 37(2) and sections 44.01 to 44.3 of the Northwest Territories Waters Act do not apply in respect of a management area.

Coming into Force

Order in council

111. Section 83 and subsection 90(2) come into force on a day to be fixed by order of the Governor in Council.

PART 4

1998, c. 25

MACKENZIE VALLEY RESOURCE MANAGEMENT ACT

Amendments to the Act

112. The first paragraph of the preamble to the Mackenzie Valley Resource Management Act is replaced by the following:

Preamble

WHEREAS the Gwich’in Comprehensive Land Claim Agreement and the Sahtu Dene and Metis Comprehensive Land Claim Agreement require the establishment of land use planning boards for the settlement areas referred to in those Agreements and the establishment of an environmental impact review board for the Mackenzie Valley, and provide as well for the establishment of a land and water board for an area that includes those settlement areas;

2005, c. 1, s. 15(2)

113. The definitions “deposit of waste” and “territorial law” in section 2 of the Act are replaced by the following:

“deposit of waste”
« dépôt de déchets »

“deposit of waste” means a deposit of waste in any waters in the Mackenzie Valley or in any other place under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter any waters in the Mackenzie Valley.

“territorial law”
« règle de droit territoriale »

“territorial law” means any law of the Legislature of the Northwest Territories.

114. Subsection 4(1) of the Act is replaced by the following:

Delegation

4. (1) The federal Minister may delegate, in writing, any of his or her powers, duties or functions under this Act — either generally or as otherwise provided in the instrument of delegation — to the minister of the Northwest Territories designated by the Commissioner of the Northwest Territories for the purposes of this section.

115. (1) The Act is amended by adding the following after section 5.1:

Time limits

5.2 (1) The failure of any of the following to exercise a power or perform a duty or function within a period or time limit fixed or prescribed under this Act does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise of such a power or the performance of such duty or function:

(a) the federal Minister;

(b) the Gwich’in Land Use Planning Board;

(d) the Gwich’in Land and Water Board;

(e) the Sahtu Land and Water Board;

(f) the Wekeezhii Land and Water Board;

(g) the Mackenzie Valley Land and Water Board;

(h) a responsible minister, as defined in section 111;

(i) the Mackenzie Valley Environmental Impact Review Board or one of its panels;

(j) a joint panel established under subsection 140(2) or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 41(2) of the Canadian Environmental Assessment Act, 2012; and

(k) a designated regulatory agency, as defined in section 111.

Exception

(2) Subsection (1) does not apply with respect to

(a) the periods fixed by regulations referred to in subsections 138.1(2), (3) and (4) and 141(4); and

(b) any other period or time limit fixed by regulations that is exempted from the application of subsection (1) by regulation.

Regulations

(3) The Governor in Council may, by regulation, exempt a period or time limit set out in the regulations, other than those referred to in paragraph 2(a), from the application of subsection (1).

(2) Subsection 5.2(1) of the Act is replaced by the following:

Time limits

(a) the federal Minister;

(b) the Gwich’in Land Use Planning Board;

(d) the Mackenzie Valley Land and Water Board;

(e) a responsible minister, as defined in section 111;

(f) the Mackenzie Valley Environmental Impact Review Board or one of its panels;

(g) a joint panel established under subsection 140(2) or paragraph 141(2)(b) or (3)(a) or a review panel referred to in subsection 41(2) of the Canadian Environmental Assessment Act, 2012; and

(h) a designated regulatory agency, as defined in section 111.

116. Section 7 of the Act is replaced by following:

Application to Her Majesty

7. This Act is binding on Her Majesty in right of Canada or a province, except that Her Majesty in right of Canada is not required to pay any fee prescribed by regulations made under paragraph 90.3(1)(k) or subparagraph 90.3(2)(a)(i).

Waters vested in Her Majesty

7.1 Subject to any rights, powers or privileges granted or preserved under the Dominion Water Power Act, the property in and the right to the use and flow of all waters are vested in Her Majesty in right of Canada.

Other Acts, etc., to be complied with

7.2 For greater certainty, nothing in this Act, the regulations or a licence or permit, as defined in section 51, 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.

117. Section 7.2 of the Act is replaced by the following:

Other Acts, etc., to be complied with

7.2 For greater certainty, nothing in this Act, the regulations, a licence or permit, as defined in section 51, or a development certificate issued under section 131.3 or 137.4 or an amended certificate issued under subsection 142.21(17) 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.

118. Section 9 of the Act is replaced by the following:

Definition of “board”

9. In this Part, “board” means any board established or continued by this Act.

2005, c. 1, s. 19

119. Section 11 of the Act is replaced by the following:

Appointment of members by federal Minister

11. (1) The members of a board — other than the chairperson, any member appointed under a determination under section 15 and the member appointed by the Tlicho Government under paragraph 54(2)(d) or in accordance with an agreement referred to in that paragraph —shall be appointed by the federal Minister in accordance with Parts 2 to 5.

Alternate members

(2) The federal Minister may appoint

(a) alternate members selected from persons nominated for that purpose by a first nation, or selected following consultation with first nations, to act in the event of the absence or incapacity of members appointed on such nomination or following such consultation, respectively; and

(b) alternate members agreed to by the territorial Minister to act in the event of the absence or incapacity of members other than members referred to in paragraph (a).

2005, c. 1, s. 20

120. Section 12 of the Act is replaced by the following:

Chairperson

12. (1) Except in the case of the Mackenzie Valley Land and Water Board, the chairperson of a board shall be appointed by the federal Minister from persons nominated by a majority of the members.

Appointment by federal Minister

(2) Except in the case of the Mackenzie Valley Land and Water Board, if a majority of the members does not nominate a person acceptable to the federal Minister within a reasonable time, the Minister may appoint any person as chairperson of the board.

Mackenzie Valley Land and Water Board

(2.1) Subject to subsection 54(3), the chairperson of the Mackenzie Valley Land and Water Board shall be appointed by the federal Minister after the Minister seeks and considers the advice of that Board.

Exception

(2.2) Despite subsection (2.1), the federal Minister is not required to seek and consider the advice of the Mackenzie Valley Land and Water Board with respect to the first appointment of a chairperson of that Board after the day on which this subsection comes into force.

Absence or incapacity of chairperson

(3) Except in the case of the Mackenzie Valley Land and Water Board, a board may designate a member to act as its chairperson during the absence or incapacity of the chairperson or a vacancy in the office of chairperson, and that person while so acting may exercise the powers and shall perform the duties and functions of the chairperson.

Absence or incapacity of chairperson —Mackenzie Valley Land and Water Board

(4) The federal Minister may designate a member to act as chairperson of the Mackenzie Valley Land and Water Board during the absence or incapacity of the chairperson or a vacancy in the office of chairperson, and that person while so acting may exercise the powers and shall perform the duties and functions of the chairperson.

2005, c. 1, s. 21

121. Subsection 14(4) of the Act is replaced by the following:

Removal by Tlicho Government after consultation

(4) The member of the Mackenzie Valley Land and Water Board who has been appointed by the Tlicho Government may not be removed from office except after consultation by the Tlicho Government with the Board and the federal Minister.

2005, c. 1, s. 22

122. Section 15 of the Act is replaced by the following:

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 nominated by a first nation, nominated or appointed by the Tlicho Government, as the case may be, 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 and temporarily appointed to implement that right remains equal to the number of other members not including the chairperson.

2005, c. 1, s. 24

123. Subsection 17(1) of the Act is replaced by the following:

Remuneration

17. (1) Members of a board, including any members appointed in accordance with a determination under section 15, shall be paid the fees or other remuneration that the federal Minister may fix.

124. Section 20 of the Act is replaced by the following:

Protection from personal liability

20. The members and employees of a board are not liable for anything done or omitted to be done in good faith in the exercise or perform-ance or purported exercise or performance of any powers, duties or functions under this Act.

2005, c. 1, s. 26

125. Section 24 of the French version of the Act is replaced by the following:

Audiences

24. L’office peut tenir, outre les audiences dont la tenue est prévue par la présente loi, celles qu’il estime utiles à l’exercice de ses attributions.

2005, c. 1, s. 26

126. The portion of section 24.1 of the French version of the Act before paragraph (a) is replaced by the following:

Coordination des activités de l’office

24.1 L’office veille à coordonner ses activités, y compris ses audiences, avec celles des organismes suivants :

127. Section 25 of the Act is replaced by the following:

Judicial powers of a board

25. In proceedings before a board continued under Part 3 or established under Part 5, the board has the powers, rights and privileges of a superior court with respect to the attendance and examination of witnesses and the production and inspection of documents.

2005, c. 1, s. 27(1)

128. (1) Subsection 31(1) of the Act is replaced by the following:

Statutory Instruments Act

31. (1) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules under section 30, a land use plan or amendment to a land use plan under Part 2, rules under subsection 49(2), guidelines or policies under section 65, policy directions under subsection 50.1(1) or 83(1) or (2), directions under section 106, policy directions under section 109 or 109.1 or subsection 142.2(1) or guidelines under section 120.

(2) Subsection 31(1) of the Act is replaced by the following:

Statutory Instruments Act

2005, c. 1, s. 27(2)

(3) Subsection 31(3) of the Act is replaced by the following:

Statutory Instruments Act

(3) For greater certainty, licences and permits issued by a board under Part 3 or 4, either before or after the coming into force of this subsection, as enacted by subsection 128(3) of the Northwest Territories Devolution Act, are not statutory instruments as defined in the Statutory Instruments Act.

(4) Subsection 31(3) of the Act is replaced by the following:

Statutory Instruments Act

(3) For greater certainty, licences and permits issued by a board under Part 3 or 4, as those Parts read before the coming into force of this subsection, as enacted by subsection 128(4) of the Northwest Territories Devolution Act, or by the Mackenzie Valley Land and Water Board under Part 3, are not statutory instruments as defined in the Statutory Instruments Act.

2002, c. 8, s. 182; 2005, c. 1, s. 28

129. Section 32 of the Act is replaced by the following:

Exclusive original jurisdiction

32. Despite section 18 of the Federal Courts Act, the Supreme Court of the Northwest Territories has exclusive original jurisdiction to hear and determine an application for any relief against a board by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition by the Attorney General of Canada, the Attorney General of the Northwest Territories or anyone directly affected by the matter in respect of which relief is sought.

130. Subsection 42(2) of the French version of the Act is replaced by the following:

Audiences publiques

(2) L’office peut tenir des audiences publiques au sujet du plan qu’il entend adopter; il publie, dans la région désignée et dans toute région désignée avoisinante de la vallée du Mackenzie, un avis indiquant les lieux, dates et heures des séances ainsi que la procédure qui y sera suivie.

131. The Act is amended by adding the following after section 50:

Policy Directions

Minister’s policy directions to board

50.1 (1) The federal Minister may, after consultation with a planning board, give written policy directions that are binding on the planning board with respect to the exercise of any of its functions under this Act.

Limitation

(2) Policy directions do not apply in respect of an application referred to in paragraph 44(b), a referral or application under subsection 47(1) or a proposed amendment to a land use plan under subsection 48(1) that, at the time the directions are given, is before the planning board.

Conflict

(3) If there is a conflict between the policy directions given under this section and the provisions of any Act of Parliament, any regulations made under an Act of Parliament or any territorial law, those provisions prevail to the extent of the conflict.

2005, c. 1, s. 29(2)

132. (1) The definition “management area” in section 51 of the Act is repealed.

(2) The definition “licence” in section 51 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 a 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 a board under this Part in accordance with any territorial law.

(3) The definitions “board”, “licence” and “permit” in section 51 of the Act are replaced by the following:

“Board”
« Office »

“Board” means the Mackenzie Valley Land and Water Board continued by subsection 54(1).

“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.

“permit”
« permis d’utilisation des terres »

“permit” means a permit for the use of land issued by the Board under this Part.

(4) Section 51 of the Act is amended by adding the following in alphabetical order:

“appurtenant undertaking”
« entreprise en cause »

“appurtenant undertaking” means the work described in a licence.

“authorized user”
« usager agréé »

“authorized user” means a person who uses waters without a licence but under the author-ity of regulations made under paragraph 90.3(1)(m).

“authorized waste depositor”
« personne autorisée à déposer des déchets »

“authorized waste depositor” means a person who deposits waste without a licence but under the authority of regulations made under paragraph 90.3(1)(n).

“domestic user”
« usager domestique »

“domestic user” means a person who uses waters

(a) for household requirements, including sanitation and fire prevention;

(b) for the watering of domestic animals; or

(c) for the irrigation of a garden adjoining a dwelling-house that is not ordinarily used in the growth of produce for a market.

“federal area”
« zone fédérale »

“federal area” means any lands under the administration and control of a minister of the Government of Canada and any land on which is situated a waste site for which the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — is the responsibility of the Government of Canada.

“instream user”
« usager ordinaire »

“instream user” means a person who uses waters, otherwise than as described in paragraph (a), (b) or (c) of the definition “use”, to earn income or for subsistence purposes.

“use”
« utilisation »

“use”, in relation to waters, means a direct or indirect use of any kind other than a use connected with shipping activities that are governed by the Canada Shipping Act, 2001, including

(a) any diversion or obstruction of waters;

(b) any alteration of the flow of waters; and

(c) any alteration of the bed or banks of a river, stream, lake or other body of water, whether or not the body of water is seasonal.

“waste”
« déchet »

“waste” means any substance that would, to an extent that is detrimental to its use by people or by any animal, fish or plant, degrade or alter or form part of a process of degradation or alteration of the quality of any water to which it is added. Alternatively, it means any water that contains a substance in such a quantity or concentration or that has been so treated, processed or changed, by heat or other means, that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that other water to which it is added. It includes

(a) any substance or water that is deemed, under subsection 2(2) of the Canada Water Act, to be waste;

(b) any substance or class of substances prescribed by regulations made under subparagraph 90.3(1)(b)(i);

(c) water that contains any substance or class of substances in a quantity or concentration that is equal to or greater than a quantity or concentration prescribed in respect of that substance or class of substances by regulations made under subparagraph 90.3(1)(b)(ii); and

(d) water that has been subjected to a treatment, process or change prescribed by regulations made under subparagraph 90.3(1)(b)(iii).

“waste site”
« décharge publique »

“waste site” has the same meaning as Waste Site in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013.

“water management area”
« zone de gestion des eaux »

“water management area” means a water management area established by the Governor in Council by regulations made under subparagraph 90.3(1)(a)(i).

2005, c. 1, ss. 30(1) and (2)(E)

133. Section 52 of the Act is replaced by the following:

National parks and historic sites

52. (1) This Part, except sections 78, 79, 79.2 and 79.3, does not apply in respect of the use of land or waters or the deposit of waste within a park or park reserve to which the Canada National Parks Act applies or within lands acquired under the Historic Sites and Monuments Act.

Consultation with Board

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

Consultation with authority

(3) The Board shall consult a responsible authority referred to in subsection (2) before issuing a licence, permit or other authorization for a use of land or waters or a deposit of waste that may have an effect in the portion of the Mackenzie Valley in which the authority is responsible.

134. Subsections 53(2) and (3) of the Act are replaced by the following:

Agreement

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

Dissemination

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

135. (1) The Act is amended by adding the following after section 53:

Federal area — addition

53.1 (1) If the Government of Canada becomes responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the board in writing of the lands on which the waste site is situated.

Federal area — deletion

(2) If the Government of Canada ceases to be responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the board in writing.

(2) Section 53.1 of the Act is replaced by the following:

Federal area — addition

53.1 (1) If the Government of Canada becomes responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the Board in writing of the lands on which the waste site is situated.

Federal area — deletion

2005, c. 1, s. 31

136. The heading before section 54 and sections 54 to 57.2 of the Act are replaced by the following:

Mackenzie Valley Land and Water Board

Board continued

54. (1) The Mackenzie Valley Land and Water Board is continued.

Membership

(2) The Board shall consist of 11 members, including

(a) a chairperson;

(b) one member appointed on the nomination of the Gwich’in First Nation;

(d) one member appointed by the Tlicho Government, subject to any agreement between the Tlicho Government and an aborig-inal people of Canada, other than the Tlicho First Nation, to whom section 35 of the Constitution Act, 1982 applies;

(e) two members appointed following consultation by the federal Minister with the first nations of the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii; and

(f) two members appointed on the nomination of the territorial Minister.

Consultation

(3) The federal Minister and the Tlicho Government shall consult each other before making their appointments to the Board.

Quorum

(4) A quorum of the Board consists of five members.

Main office

55. The main office of the Board shall be at Yellowknife or at another place in the Mackenzie Valley that is designated by the Governor in Council.

Chairperson may designate

56. (1) The chairperson shall designate three Board members — including at least one member appointed under any of paragraphs 54(2)(b) to (e), and at least one member not so appointed — to dispose of an application made to the Board in respect of a licence, permit or other authorization for the use of land or waters or the deposit of waste.

Additional members

(2) If the chairperson is of the opinion that it is necessary, the chairperson may designate additional Board members to dispose of the application under subsection (1).

Member — application relating to region of Mackenzie Valley

(3) For the purposes of subsections (1) and (2), the chairperson shall, if it is reasonable to do so, designate,

(a) in the case of an application relating to the area described in appendix A to the Gwich’in Agreement, the member appointed under paragraph 54(2)(b);

(b) in the case of an application relating to the area described in appendix A to the Sahtu Agreement, the member appointed under paragraph 54(2)(c);

(d) in the case of an application relating to the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii, at least one of the members appointed under paragraph 54(2)(e).

Majority — decision of Board

(4) A decision with respect to the application, made by a majority of the members so designated, is considered to be a decision of the Board.

Acting after expiry of term

57. (1) If the chairperson 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, their office 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.

2005, c. 1, ss. 32, 33, 35, 36 and 37(1) and (2)(E)

137. Sections 58 to 68 of the Act are replaced by the following:

Objectives — Board

58. The Board shall regulate the use of land and waters and the deposit of waste so as to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit for present and future residents of the Mackenzie Valley in particular and Canadians generally.

Jurisdiction — land

59. (1) The Board has jurisdiction in respect of all uses of land in the Mackenzie Valley for which a permit is required under this Part and may, in accordance with the regulations, issue, amend, renew, suspend and cancel permits and other authorizations for the use of land, and approve the assignment of permits.

Subsurface rights

(2) For greater certainty, the Board’s jurisdiction under subsection (1) includes a use of land that is required for the exercise of subsurface rights.

Jurisdiction — water and waste in federal area

60. (1) The Board has jurisdiction in respect of all uses of waters and deposits of waste in a federal area in the Mackenzie Valley for which a licence is required under this Part and may, in accordance with the regulations, issue, amend, renew and cancel licences and approve the assignment of licences.

Jurisdiction — water and waste outside federal area

(1.1) The Board has jurisdiction in respect of all uses of waters and deposits of waste on lands outside a federal area in the Mackenzie Valley for which a licence is required under any territorial law and may, in accordance with that law,

(a) issue, amend, renew, suspend and cancel licences and approve the assignment of licences;

(b) include in a licence any conditions it considers appropriate;

(d) determine the appropriate compensation to be paid by an applicant for a licence, or by a licensee who applies for an amendment or renewal of their licence, to persons who would be adversely affected by the proposed use of waters or deposit of waste;

(e) require an applicant for a licence, a licensee or a prospective assignee of a licence to furnish and maintain security; and

(f) on the request of a person who is subject to an order made by an inspector, review that order and confirm, vary or revoke it.

Suspension power

(2) The Board may suspend a licence in respect of a federal area for a specified period or until terms and conditions specified by the Board are complied with, if the licensee contravenes a provision of this Part or a term or condition of the licence.

Considerations

60.1 In exercising its powers, the Board shall consider

(a) the importance of conservation to the well-being and way of life of the aboriginal peoples of Canada to whom section 35 of the Constitution Act, 1982 applies and who use an area of the Mackenzie Valley; and

(b) any traditional knowledge and scientific information that is made available to it.

Conformity with land use plan — settlement area

61. (1) The Board is not permitted to issue, amend or renew a licence, permit or other authorization that applies with respect to a settlement area except in accordance with an applicable land use plan under Part 2.

Conformity with land use plan — Wekeezhii

(2) The Board is not permitted to issue, amend or renew a licence, permit or other authorization that applies with respect to Wekeezhii except in accordance with any land use plan, established under a federal, territorial or Tlicho law, that is applicable to any part of Wekeezhii.

Conformity with Tlicho laws

61.1 The Board is not permitted to exercise its discretionary powers relating to the use of Tlicho lands except in accordance with any Tlicho laws enacted under 7.4.2 of chapter 7 of the Tlicho Agreement.

Requirements of Part 5

62. The Board is not permitted to issue a licence, permit or other authorization for the carrying out of a proposed development within the meaning of Part 5 unless the requirements of that Part have been complied with, and every licence, permit or authorization so issued shall include any conditions that are required to be included in it under a decision made under that Part.

Copies of applications

63. (1) The Board shall provide a copy of each application made to the Board for a licence or permit to the owner of any land to which the application relates and to appropriate departments and agencies of the federal and territorial governments.

Notice to communities and first nations

(2) The Board shall notify affected communities and first nations of an application made to the Board for a licence, permit or other authorization and allow a reasonable period of time for them to make representations to the Board with respect to the application.

Notice to Tlicho Government

(3) The Board shall notify the Tlicho Government of an application made to the Board for a licence, permit or other authorization for the use of land or waters or the deposit of waste in Wekeezhii and allow a reasonable period of time for it to make representations to the Board with respect to the application.

Consultation with Tlicho Government

(4) The Board shall consult the Tlicho Government before issuing, amending or renewing any licence, permit or other authorization for a use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters.

Heritage resources

64. (1) The Board shall seek and consider the advice of any affected first nation — and, with respect to Wekeezhii, the Tlicho Government — and any appropriate department or agency of the federal or territorial government respecting the presence of heritage resources that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.

Wildlife resources

(2) The Board shall, with respect to a settlement area or Wekeezhii, seek and consider the advice of the renewable resources board established by the applicable land claim agreement respecting the presence of wildlife and wildlife habitat that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.

Guidelines and policies — permits

65. (1) Subject to the regulations, the Board may establish guidelines and policies respecting permits and other authorizations, including their issuance under this Part.

Guidelines and policies — licences

(2) Subject to the regulations and any territorial law, the Board may establish guidelines and policies respecting licences, including their issuance under this Part.

Copies of licences and permits

66. The Board shall provide the federal Minister with copies of licences, permits and other authorizations issued under this Part and of decisions and orders relating to them.

Final decision

67. Subject to sections 32 and 72.13, or any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of the Board is final and binding.

Public register

68. (1) The Board shall maintain at its main office, in any form that is prescribed by the regulations, a register convenient for use by the public in which shall be entered, for each application received and each licence or permit issued, the information prescribed by the regulations.

(2) The register shall be open to inspection by any person during the Board’s normal business hours, subject to the payment of any fee prescribed by the regulations.

Copies of contents of register

(3) The Board shall, on request and on payment of any fee prescribed by the regulations, make available copies of information contained in the register.

Cost Recovery

Obligation to pay costs

68.1 (1) For the federal Minister to recover costs incurred in relation to the consideration of an application for a licence or for the amendment, renewal or cancellation of a licence, the applicant or a licensee shall pay to the federal Minister

(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 Board or of its members;

(b) any costs incurred by the 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 costs and amounts 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.

138. Section 60 of the Act is amended by adding the following after subsection (3.1):

Excluded period

(3.2) If a licence relates to a proposed development that is, under Part 5, subject to an environmental assessment, an environmental impact review or an examination of impacts on the environment that stands in lieu of an environmental impact review, then the period that is taken to complete that assessment, review or examination is not included in the calculation of the time limit under subsection 24.2(1) or 24.3(1) of the Northwest Territories Waters Act or of its extension.

Suspension of time limit

(3.3) A board may suspend a time limit referred to in subsection 24.2(1) or 24.3(1) of the Northwest Territories Waters Act or the extension of such a limit

(a) if the board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 14(4) of that Act, until the applicant satisfies the board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;

(b) if the board is not permitted to issue a licence except in accordance with subsection 15.1(1) of that Act, until the applicant has entered into a compensation agreement under paragraph 15.1(1)(a) of that Act or until a determination of compensation has been made under paragraph 15.1(1)(b) of that Act, as the case may be; or

(c) if the board determines that the applicant is required to enter into a compensation agreement under section 77 or 79.1, until the applicant satisfies the board that they have done so or the board has determined, under section 79 or 79.3, the compensation payable by the applicant.

2002, c. 10, s. 178; 2005, c. 1, s. 34

139. Section 60 of the Act is replaced by the following:

Jurisdiction — water and waste in federal area

60. (1) A board has jurisdiction in respect of all uses of waters and deposits of waste in a federal area in its management area for which a licence is required under this Part and may, in accordance with the regulations, issue, amend, renew and cancel licences and approve the assignment of licences.

Jurisdiction — water and waste outside federal area

(1.1) A board has jurisdiction in respect of all uses of waters and deposits of waste on lands outside a federal area in its management area for which a licence is required under any territorial law and may, in accordance with that law,

(a) issue, amend, renew, suspend and cancel licences and approve the assignment of licences;

(b) include in a licence any conditions it considers appropriate;

(e) require an applicant for a licence, a licensee or a prospective assignee of a licence to furnish and maintain security; and

(f) on the request of a person who is subject to an order made by an inspector, review that order and confirm, vary or revoke it.

Suspension power

(2) A board may suspend a licence in respect of a federal area for a specified period, or until terms and conditions specified by it are complied with, if the licensee contravenes a provision of this Part or a term or condition of the licence.

140. Section 65 of the Act is replaced by the following:

Guidelines and policies — permits

65. (1) Subject to the regulations, a board may establish guidelines and policies respecting permits and other authorizations, including their issuance under this Part.

Guidelines and policies — licences

(2) Subject to the regulations and any territorial law, a board may establish guidelines and policies respecting licences, including their issuance under this Part.

141. (1) Section 67 of the Act is replaced by the following:

Final decision

Public register

68. (1) A board shall maintain at its main office, in any form that is prescribed by the regulations, a register convenient for use by the public in which shall be entered, for each application received and each licence or permit issued, the information prescribed by the regulations.

(2) The register shall be open to inspection by any person during the board’s normal business hours, subject to the payment of any fee prescribed by the regulations.

Copies of contents of register

(3) A board shall, on request and on payment of any fee prescribed by the regulations, make available copies of information contained in the register.

(2) Section 67 of the Act is replaced by the following:

Final decision

67. Subject to sections 32 and 72.13 and subsections 125(1.2) and (4), or any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of the Board is final and binding.

142. (1) The portion of section 69 of the Act before paragraph (a) is replaced by the following:

Protection of environment

69. Before issuing a permit for a use of land, the Board shall, with respect to conditions of the permit for the protection of the environment, consult

(2) Paragraph 69(b) of the Act is replaced by the following:

(b) the minister of the Government of Canada having administration and control of the land in the case of any land under that minister’s administration and control; or

143. Section 70 of the Act is replaced by the following:

Delegation to staff

70. The Board may, by instrument of delegation, specify permits from among a class prescribed by the regulations that an employee of the Board named in the instrument may issue, amend or renew and whose assignment the employee may approve.

144. Subsections 71(1) to (3) of the Act are replaced by the following:

Furnishing security

71. (1) The Board may require, as a condition of a permit or as a condition of the assignment of a permit, that security be furnished to the federal Minister in a form prescribed by the regulations or a form satisfactory to the federal Minister and in an amount specified in, or determined in accord-ance with, the regulations.

Notice

(2) The federal Minister shall notify the Board of the furnishing of security so required.

Application of security

(3) If damage to lands results from a permittee’s contravention of any provision of the regulations or a permit, the Board may request of the federal Minister that all or part of the security furnished by the permittee be applied toward the costs incurred in repairing the damage.

145. Section 72 of the Act is replaced by the following:

Special Rules for the Use of Waters and the Deposit of Waste

Prohibitions

Use of waters

72. (1) Except as authorized under the Dominion Water Power Act, and subject to subsection (2), no person shall use, or permit the use of, waters in a federal area within a water management area except

(a) in accordance with the conditions of a licence; or

(b) as authorized by regulations made under paragraph 90.3(1)(m).

Exemptions from application of subsection (1)

(2) Subsection (1) does not apply in respect of the use of waters

(a) by a domestic user;

(b) by an instream user; or

Duties in certain cases

(3) If any person diverts waters for a purpose set out in paragraph (2)(c), the person shall, when the need for the diversion has ceased, discontinue the diversion and, in so far as possible, restore the original channel conditions.

Deposit of waste

72.01 (1) Except in accordance with the conditions of a licence or as authorized by regulations made under paragraph 90.3(1)(n), no person shall, subject to subsection (2), deposit or permit the deposit of waste in a federal area

(a) in any waters in a water management area; or

(b) in any other place under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter any waters in a water management area.

Exception

(2) Subsection (1) does not apply to the deposit of waste in waters that form part of a water quality management area designated under the Canada Water Act if the waste so deposited is of a type and quantity, and deposited under conditions, prescribed by regulations made by the Governor in Council under paragraph 18(2)(a) of that Act with respect to that water quality management area.

Duty to report unlawful deposits of waste

(3) If waste is deposited in contravention of this section, every person who owns the waste or has the charge, management or control of it — or who caused or contributed to the deposit — shall, without delay, in accordance with the regulations, if any, made under paragraph 90.3(1)(o), report the deposit to the person or authority designated under that paragraph or, if no such person or authority has been designated, to an inspector designated under subsection 84(1).

Exemption — Tlicho communities

72.02 Sections 72 and 72.01 do not apply in respect of a use of waters or a deposit of waste in a Tlicho community if the local government of that community has enacted a bylaw providing that a licence is not required for that type of use or deposit.

Licences

Issuance

72.03 (1) Subject to this section, a board may issue, in accordance with the criteria set out in the regulations made under paragraph 90.3(1)(c), type A licences and type B licences permitting the applicant for the licence, on payment of the fees prescribed by regulations made under paragraph 90.3(1)(k), at the times and in the manner prescribed by any applicable regulations made under paragraph 90.3(1)(l) or, in the absence of such regulations, at the times and in the manner set out in the licence, to use waters or deposit waste, or both, in a federal area in connection with the operation of an appurtenant undertaking and in accordance with the conditions specified in the licence.

Term

(2) A licence issued under subsection (1) may be issued for a term

(a) of not more than 25 years, in the case of a type A licence that is in respect of a class of undertakings prescribed by the regulations or a type B licence; or

(b) of not more than the anticipated duration of the appurtenant undertaking, in the case of a type A licence other than one described in paragraph (a).

Specific uses

(3) The board shall not issue a licence in respect of a use of waters referred to in subsection 72(2).

Refusal to issue

(4) The board shall not refuse to issue a licence merely because the use of waters or deposit of waste in respect of which the application for the licence is made is already authorized by regulations made under paragraph 90.3(1)(m) or (n).

Conditions for issue

(5) The board shall not issue a licence in respect of a federal area unless the applicant satisfies the board that

(a) either

(i) the use of waters or the deposit of waste proposed by the applicant would not adversely affect, in a significant way, the use of waters, whether in or outside the federal area to which the application relates,

(A) by any existing licensee who holds a licence issued under this Act or any other licence relating to the use of waters or deposit of waste, or both, issued under any territorial law or the Nunavut Waters and Nunavut Surface Rights Tribunal Act, or

(B) by any other applicant whose proposed use of waters would take precedence over the applicant’s proposed use by virtue of section 72.26 or any territorial law, or

(ii) every licensee and applicant to whom subparagraph (i) applies has entered into a compensation agreement with the applicant;

(b) compensation that the board considers appropriate has been or will be paid by the applicant to any other applicant who is described in clause (a)(i)(B) but to whom paragraph (a) does not apply, and to any of the following who were licensees, users, depositors, owners, occupiers or holders, whether in or outside the federal area to which the application relates, at the time when the applicant filed an application with the board in accordance with the regulations made under paragraphs 90.3(1)(d) and (e), who would be adversely affected by the use of waters or the deposit of waste proposed by the applicant, and who have notified the board within the time period stipulated in the notice of the application given under subsection 72.16(1):

(i) licensees who hold a licence issued under this Act or any other licence relating to the use of waters or deposit of waste, or both, issued under any territorial law or the Nunavut Waters and Nunavut Surface Rights Tribunal Act and to whom paragraph (a) does not apply,

(ii) domestic users,

(iii) instream users,

(iv) authorized users,

(v) authorized waste depositors,

(vi) persons who use waters or deposit waste, or both, without a licence under the authority of any territorial law,

(vii) persons referred to in paragraph 61(d) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act,

(viii) owners of property,

(ix) occupiers of property, and

(x) holders of outfitting concessions, registered trapline holders, and holders of other rights of a similar nature;

(c) any waste that would be produced by the appurtenant undertaking will be treated and disposed of in a manner that is appropriate for the maintenance of

(i) water quality standards prescribed by regulations made under paragraph 90.3(1)(h) or, in the absence of such regulations, any water quality standards that the board considers acceptable, and

(ii) effluent standards prescribed by regulations made under paragraph 90.3(1)(i) or, in the absence of such regulations, any effluent standards that the board considers acceptable; and

(d) the financial responsibility of the applicant, taking into account the applicant’s past performance, is adequate for

(i) the completion of the appurtenant undertaking,

(ii) any mitigative measures that may be required, and

(iii) the satisfactory maintenance and res-toration of the site in the event of any future closing or abandonment of that undertaking.

Factors in determining compensation

(6) In determining the compensation that is appropriate for the purpose of paragraph (5)(b), the board shall consider all relevant factors, including

(a) provable loss or damage;

(b) potential loss or damage;

(d) the extent of the use of waters by persons who would be adversely affected; and

(e) nuisance, inconvenience and noise.

Conditions

72.04 (1) Subject to this Act and its regulations, a board may include in a licence in respect of a federal area any conditions that it considers appropriate, including conditions

(a) relating to the manner of use of waters permitted to be used under the licence;

(b) relating to the quantity, concentration and types of waste that may be deposited in any waters by the licensee;

(d) relating to studies to be undertaken, works to be constructed, plans to be submitted, and monitoring programs to be undertaken; and

(e) relating to any future closing or abandonment of the appurtenant undertaking.

Board to minimize adverse effects

(2) In fixing the conditions of a licence in respect of a federal area, the board shall make all reasonable efforts to minimize any adverse effects of the issuance of the licence on any of the following who would be adversely affected by the use of waters or the deposit of waste proposed by the applicant, and who have notified the board within the time period stipulated in the notice of the application given under subsection 72.16(1), whether they are in or outside the federal area to which the application relates, at the time when the board is considering the fixing of those conditions:

(a) licensees who hold a licence in respect of a federal area or in respect of lands outside a federal area;

(b) domestic users;

(d) authorized users;

(e) authorized waste depositors;

(f) persons who use waters or deposit waste, or both, without a licence under the authority of any territorial law;

(g) owners of property;

(h) occupiers of property; and

(i) holders of outfitting concessions, registered trapline holders, and holders of other rights of a similar nature.

Conditions relating to waste

(3) If a board issues a licence in respect of a federal area whose waters form part of a water quality management area designated under the Canada Water Act, it is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of the regulations made under paragraph 18(2)(a) of that Act with respect to those waters.

Non-application of regulations under Canada Water Act

(4) If a board issues a licence in respect of a federal area whose waters do not form part of a water quality management area designated under the Canada Water Act,

(a) if any regulations made under paragraph 90.3(1)(h) are in force for those waters, the board is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are not based on the water quality standards prescribed for those waters by those regulations; and

(b) if any regulations made under paragraph 90.3(1)(i) are in force for those waters, the board is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the effluent standards prescribed in relation to those waters by those regulations.

Application of Fisheries Act

(5) If a board issues a licence in respect of a federal area whose waters do not form part of a water quality management area designated under the Canada Water Act, and to which any regulations made under subsection 36(5) of the Fisheries Act apply, it is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of those regulations that relate to the deposit of deleterious substances as defined in subsection 34(1) of that Act.

Conditions relating to works

(6) The board shall include in a licence in respect of a federal area conditions that are at least as stringent as any applicable standards prescribed by any regulations made under paragraph 90.3(1)(j).

Licence conditions deemed amended

(7) If regulations referred to in subsection (3), (4), (5) or (6) are made or amended after the issuance of a licence in respect of a federal area, the conditions of the licence are deemed to be amended to the extent, if any, that is necessary to comply, or remain in compliance, with that subsection.

Inuit-owned land

72.05 (1) A board shall not issue a licence in respect of a use of waters or a deposit of waste in a federal area that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, unless

(a) the applicant has entered into an agreement with the designated Inuit organization to pay compensation for any loss or damage that may be caused by the alteration; or

(b) if there is no agreement,

(i) on the request of the applicant or the designated Inuit organization, the board has made a joint determination of the appropriate compensation with the Nunavut Water Board, or

(ii) if the board and the Nunavut Water Board are unable to jointly determine compensation, a judge of the Nunavut Court of Justice has determined the compensation.

Payment of compensation

(2) The payment of compensation referred to in paragraph (1)(b) shall be a condition of the licence.

Costs

(3) Unless otherwise determined by the Nunavut Water Board, costs incurred by the designated Inuit organization as a result of a request referred to in subparagraph (1)(b)(i) shall be paid by the applicant.

Negotiation to be in good faith

72.06 A board shall not consider a request referred to in subparagraph 72.05(1)(b)(i) unless the requester has negotiated in good faith and has been unable to reach an agreement.

Factors in determining compensation

72.07 For the purpose of determining compensation under paragraph 72.05(1)(b), the following factors shall be taken into account:

(a) the adverse effects of the alteration of the quality, quantity or flow of waters on Inuit-owned land;

(b) the nuisance, inconvenience or disturb-ance, including noise, caused by the alteration;

(d) the cultural attachment of Inuit to the affected Inuit-owned land, including waters;

(e) the peculiar and special value of the affected Inuit-owned land, including waters; and

(f) any interference with Inuit rights derived from the Agreement or otherwise.

Periodic review and payment

72.08 Unless otherwise agreed by the designated Inuit organization and the applicant, a determination of compensation made under paragraph 72.05(1)(b) shall provide, having due regard to the nature and duration of the use of waters or deposit of waste, for the periodic review and periodic payment of that compensation.

Interpretation

72.09 (1) In this section and sections 72.05 to 72.08,

(a) “Agreement”, “Inuit”, “Inuit-owned land”, “Makivik” and “Tunngavik” have the same meanings as in subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act; and

(b) “designated Inuit organization” means

(i) except in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement,

(A) Tunngavik, or

(B) any organization designated in the public record maintained by Tunngavik under the Agreement as being responsible for the functions described under sections 20.3.1 and 20.4.1 of the Agreement, or

(ii) in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, Makivik, acting jointly with the organization determined under subparagraph (i).

Interpretation

(2) For greater certainty, sections 72.05 to 72.08 apply in respect of a body of water that delineates a boundary between Inuit-owned land and other land and that body of water is not located entirely on Inuit-owned land.

Application for licence

72.1 (1) An application for a licence shall be in the form and contain the information,

(a) if the licence is to apply with respect to a federal area, prescribed by the regulations; and

(b) if the licence is to apply with respect to lands outside a federal area, required under any territorial law.

Information and studies

(2) The board shall require an applicant for a licence to provide the board with the information and studies concerning the use of waters or deposit of waste proposed by the applicant that will enable the board to evaluate any qualitative and quantitative effects of the use or deposit on waters.

Security — federal area

72.11 (1) A board may require an applicant for a licence that is to apply with respect to a federal area, a holder of such a licence or a prospective assignee of such a licence to furnish and maintain security with the federal Minister, in an amount specified in, or determined in accordance with, the regulations made under paragraph 90.3(1)(g) and in a form prescribed by those regulations or a form satisfactory to the federal Minister.

How security may be applied

(2) The security may be applied by the federal Minister in the following manner:

(a) if the federal Minister is satisfied that a person who is entitled to be compensated by a licensee under section 72.27 has taken all reasonable measures to recover compensation from the licensee and has been unsuccessful in that recovery, the security may be applied to compensate that person, either fully or partially; and

(b) the security may be applied to reimburse Her Majesty in right of Canada, either fully or partially, for reasonable costs incurred by Her Majesty under subsection 86.2(1) or, subject to subsection (3), subsection 89(1).

Exception

(3) Paragraph (2)(b) applies in respect of costs incurred under subsection 89(1) only to the extent that the incurring of those costs was based on subparagraph 89(1)(b)(i).

Limitation

(4) The amount of security that the federal Minister may apply under subsection (2) in respect of any particular incident or matter may not exceed in the aggregate the amount of the security referred to in subsection (1).

Refund of security

(5) Any portion of the security that, in the federal Minister’s opinion, will not be required under subsection (2) shall be refunded without delay to the licensee or assignor, as the case may be, if the federal Minister is satisfied that

(a) the appurtenant undertaking has been permanently closed or permanently abandoned; or

(b) the licence has been assigned.

Renewal, amendment and cancellation

72.12 (1) Subject to subsections (2) and (3), a board may, in respect of a federal area,

(a) renew a licence, if the licensee applies for its renewal or if the renewal appears to the board to be in the public interest, with or without changes to its conditions, for a term

(i) of not more than 25 years, in the case of a type A licence that is in respect of a class of undertakings prescribed by the regulations or a type B licence, or

(ii) of not more than the anticipated duration of the appurtenant undertaking, in the case of a type A licence other than one described in subparagraph (i);

(b) amend, for a specified term or otherwise, any condition of a licence

(i) if the licensee applies for its amendment,

(ii) if the amendment is required to deal with a water shortage in any water management area, or

(iii) in any other case, if the amendment appears to the board to be in the public interest; and

(i) if the licensee applies for its cancellation,

(ii) if the licensee, for three successive years, fails to exercise their rights under the licence, or

(iii) in any other case, if the cancellation appears to the board to be in the public interest.

Application of certain provisions

(2) Sections 72.03 to 72.11 apply, with any modifications that the circumstances require, in respect of a renewal of, or an amendment to, a licence.

Application to cancel licence

(3) An application to cancel a licence shall be in the form and contain the information that is,

(a) if the licence applies with respect to a federal area, prescribed by the regulations; and

(b) if the licence applies with respect to lands outside a federal area, required under any territorial law.

Approval to issue, renew, amend or cancel

72.13 A board may issue, renew, amend or cancel — in respect of a federal area or lands outside a federal area — a type A licence, or a type B licence in connection with which a public hearing is held by the board with respect to its issuance, renewal, amendment or cancellation, only with the approval of the federal Minister.

Assignment

72.14 (1) Any sale or other disposition of any right, title or interest, of a licensee who holds a licence in respect of a federal area, in an appurtenant undertaking constitutes, without further action by the licensee, an assignment of the licence to the person or persons to whom the sale or other disposition is made if the assignment of the licence was authorized by a board.

Authorization of assignment

(2) A board shall authorize the assignment of a licence if it is satisfied that neither the sale or other disposition of any right, title or interest of the licensee in the appurtenant undertaking at the time, in the manner and on the terms and conditions agreed to by the licensee, nor the operation of the appurtenant undertaking by the prospective assignee would be likely to result in a contravention of, or failure to comply with, any condition of the licence or any provision of this Act or the regulations.

Licence not otherwise assignable

(3) Except as provided in this section, a licence in respect of a federal area is not assignable.

Public Hearings and Procedure

Optional hearing

72.15 (1) If a board is satisfied that it would be in the public interest, it may hold a public hearing in connection with any matter relating to its objects, including, in respect of a federal area or lands outside a federal area,

(a) the issuance or renewal of, or an amendment to, a type B licence;

(b) an amendment to a type A licence under which neither the use, flow or quality of waters nor the term of the licence would be altered; and

Mandatory hearing

(2) Subject to subsection (3), the board shall hold a public hearing if it is considering, in respect of a federal area,

(a) the issuance or renewal of a type A licence;

(b) an amendment to a type A licence under which the use, flow or quality of waters, or the term of the licence, would be altered;

(d) the cancellation of a type B licence under subparagraph 72.12(1)(c)(ii) or (iii).

Exception

(3) Subsection (2) does not apply

(a) if, after giving notice of a public hearing under section 72.16, the board receives no notification on or before the 10th day before the day of the proposed hearing that any person or body intends to appear and make representations and the applicant or the licensee, as the case may be, consents in writing to the disposition of the matter without a public hearing;

(b) if, in the case of a renewal of a type A licence, the licensee has filed with the board an application for renewal in accordance with the regulations made under paragraphs 90.3(1)(d) and (e) and the term of the renewal or renewals granted by the board does not exceed 60 days in the aggregate; or

(c) if, in the case of an amendment to a type A licence under which the use, flow or quality of waters would be altered, the board, with the consent of the federal Minister, declares the amendment to be required on an emergency basis.

Notice of applications

72.16 (1) Subject to subsection (4), a board shall give notice of each application made to it — in respect of a federal area or lands outside a federal area — by publishing the application in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate.

Notice of public hearing

(2) Subject to subsection (4), a board shall give notice of a public hearing to be held by it by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate. The day fixed for the public hearing shall be at least 35 days after the day on which the requirements of this subsection have been met.

Public hearing not held

(3) Subject to subsection (4), if a public hearing is not held by a board in connection with an application, the board may not act on the application until at least 10 days after the requirements of subsection (1) have been met.

Exception

(4) Subsections (1) to (3) do not apply in respect of an application for the amendment of a licence if a board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.

Notice — federal area

72.17 (1) A board shall give notice of its intention to consider, on its own initiative, the renewal of a licence under paragraph 72.12(1)(a), or the amendment of a condition of a licence under subparagraph 72.12(1)(b)(ii) or (iii), by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate.

Notice — lands outside a federal area

(2) A board shall give notice of its intention to consider, on its own initiative, the renewal, or the amendment of a condition, of a licence in respect of lands outside a federal area in accordance with any territorial law by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the board considers appropriate.

Exception

(3) Subsections (1) and (2) do not apply in respect of an application for the amendment of a licence if a board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.

Time limit — type A licence and type B licence

72.18 (1) With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(1) or (2).

Referral to Minister for approval

(2) If the board decides to issue, renew or amend the licence, that decision shall be immediately referred to the federal Minister for approval.

Decision of Minister and reasons

(3) The federal Minister shall, within 45 days after the board’s decision is referred to him or her, notify the board whether or not the decision is approved and, if it is not approved, provide written reasons in the notification.

Extension of time limit

(4) The federal Minister may extend the 45-day time limit by not more than an additional 45 days if he or she notifies the board of the extension within the first 45 days.

Absence of decision

(5) If the federal Minister does not notify the board whether or not the decision is approved within the time limit referred to in subsection (3) or (4), whichever is applicable, the federal Minister is deemed to have given approval.

Time limit — other type B licences

72.19 With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type B licence in connection with which no public hearing is held or if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(1) or (2).

Time limit — ther licences

72.2 On an application for the issuance, renewal or amendment of a licence in respect of lands outside a federal area — other than a type A or type B licence — or, if the board intends to consider, on its own initiative, the renewal or amendment of such a licence, the board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the board’s intention is published under subsection 72.17(2).

Day on which application is made

72.21 An application for the issuance, renewal or amendment of a licence is considered to be made on the day on which the board is satisfied that the application is in the form, and contains all of the information,

(a) if the licence applies with respect to a federal area, prescribed by the regulations; and

(b) if the licence applies with respect to lands outside a federal area, required under any territorial law.

Excluded period — information or studies

72.22 (1) If the board requires the applicant or the licensee to provide information or studies, then the period that is taken by that applicant or licensee, in the board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection 72.18(1), section 72.19 or 72.2 or of its extension.

Excluded period — environmental assessment, etc.

(2) If the proposed use of waters or deposit of waste to which the application or the licence relates is part of a proposed development in respect of which an environmental assessment, an environmental impact review or an examination of impacts on the environment that stands in lieu of an environmental impact review is conducted under Part 5, then the period that is taken to complete that assessment, review or examination is not included in the calculation of the time limit under subsection 72.18(1), section 72.19 or 72.2 or of its extension.

Suspension of time limit

72.23 A board may suspend a time limit referred to in subsection 72.18(1) or section 72.19 or 72.2 or its extension

(a) if the board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 72.03(5), until the applicant satisfies the board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;

(b) if the board is not permitted to issue a licence except in accordance with subsection 72.05(1), until the applicant has entered into a compensation agreement under paragraph 72.05(1)(a) or until a determination of compensation has been made under paragraph 72.05(1)(b), as the case may be;

(c) if the board is not permitted to issue a licence with respect to lands outside a federal area except in accordance with any compensation requirement under any territorial law, until the requirement has been fulfilled; or

(d) if the board determines that the applicant is required to enter into a compensation agreement under section 77 or 79.1, until the applicant satisfies the board that they have done so or the board has determined, under section 79 or 79.3, the compensation payable by the applicant.

Extension of time limit by federal Minister

72.24 (1) The federal Minister may, at the request of the board, extend the time limit referred to in subsection 72.18(1), section 72.19 or 72.2 by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.

Extension of time limit by Governor in Council

(2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (1) any number of times.

Reasons — decisions and orders

72.25 A board shall issue, and make available to the public, written reasons for its decisions or orders relating to any licence, or any application for a licence, in respect of a federal area or lands outside a federal area.

Rights and Duties of Licensees and Others With Authorizations to Use Waters

Precedence

72.26 (1) If more than one person has a licence, or other authorization to use waters issued by any authority responsible for the management of waters in the Northwest Territories or in Nunavut, in respect of a federal area, the person who first applied is entitled to the use of the waters in accordance with that person’s licence or authorization in precedence over the other persons.

Amendments to a licence or authorization

(2) Subsection (1) applies, with any modifications that the circumstances require, in respect of any rights a person acquires through an amendment to that person’s licence or authorization.

Renewal or assignment of a licence or authorization

(3) Subject to subsection (2), a licence or authorization that has been renewed or assigned shall, for the purposes of this section, be deemed to be a continuation of the original licence or authorization.

Right to sue for compensation

72.27 (1) Except as otherwise provided by a compensation agreement referred to in subparagraph 72.03(5)(a)(ii), a person who is adversely affected as a result of the issuance of a licence in respect of a federal area or a use of waters or deposit of waste authorized by regulations made under paragraph 90.3(1)(m) or (n) is entitled to be compensated by the licensee, authorized user or authorized waste depositor in respect of that adverse effect, and may sue for and recover any such compensation in any court of competent jurisdiction.

Rights protected

(2) A person is not barred from exercising any rights conferred by subsection (1) merely because of having been paid the compensation referred to in subsection 72.03(5), or because of having been paid compensation under paragraph 72.11(2)(a) or under a compensa-tion agreement referred to in subparagraph 72.03(5)(a)(ii).

Copies of licences

72.28 A board shall provide the territorial Minister with copies of licences issued under this Part and of any decisions and orders relating to such licences.

146. (1) Subsection 72.03(1) of the Act is replaced by the following:

Issuance

72.03 (1) Subject to this section, the Board may issue, in accordance with the criteria set out in the regulations made under paragraph 90.3(1)(c), type A licences and type B licences permitting the applicant for the licence, on payment of the fees prescribed by regulations made under paragraph 90.3(1)(k), at the times and in the manner prescribed by any applicable regulations made under subparagraph 90.3(1)(l) or, in the absence of such regulations, at the times and in the manner set out in the licence, to use waters or deposit waste, or both, in a federal area in connection with the operation of an appurtenant undertaking and in accordance with the conditions specified in the licence.

(2) Subsections 72.03(3) and (4) of the Act are replaced by the following:

Specific uses

(3) The Board shall not issue a licence in respect of a use of waters referred to in subsection 72(2).

Refusal to issue

(4) The Board shall not refuse to issue a licence merely because the use of waters or deposit of waste in respect of which the application for the licence is made is already authorized by regulations made under paragraph 90.3(1)(m) or (n).

(3) The portion of subsection 72.03(5) of the Act before paragraph (a) is replaced by the following:

Conditions for issue

(5) The Board shall not issue a licence in respect of a federal area unless the applicant satisfies the Board that

(4) The portion of paragraph 72.03(5)(b) of the Act before subparagraph (i) is replaced by the following:

(b) compensation that the Board considers appropriate has been or will be paid by the applicant to any other applicant who is described in clause (a)(i)(B) but to whom paragraph (a) does not apply, and to any of the following who were licensees, users, depositors, owners, occupiers or holders, whether in or outside the federal area to which the application relates, at the time when the applicant filed an application with the Board in accordance with the regulations made under paragraphs 90.3(1)(d) and (e), who would be adversely affected by the use of waters or the deposit of waste proposed by the applicant, and who have notified the Board within the time period stipulated in the notice of the application given under subsection 72.16(1):

(5) Subparagraphs 72.03(5)(c)(i) and (ii) of the Act are replaced by the following:

(i) water quality standards prescribed by regulations made under paragraph 90.3(1)(h) or, in the absence of such regulations, any water quality standards that the Board considers acceptable, and

(ii) effluent standards prescribed by regulations made under paragraph 90.3(1)(i) or, in the absence of such regulations, any effluent standards that the Board considers acceptable; and

(6) The portion of subsection 72.03(6) of the Act before paragraph (a) is replaced by the following:

Factors in determining compensation

(6) In determining the compensation that is appropriate for the purpose of paragraph (5)(b), the Board shall consider all relevant factors, including

147. (1) The portion of subsection 72.04(1) of the Act before paragraph (a) is replaced by the following:

Conditions

72.04 (1) Subject to this Act and its regulations, the Board may include in a licence in respect of a federal area any conditions that it considers appropriate, including conditions

(2) The portion of subsection 72.04(2) of the Act before paragraph (a) is replaced by the following:

Board to minimize adverse effects

(2) In fixing the conditions of a licence, the Board shall make all reasonable efforts to minimize any adverse effects of the issuance of the licence on any of the following who would be adversely affected by the use of waters or deposit of waste proposed by the applicant, and who have notified the Board within the time period stipulated in the notice of the application given under subsection 72.16(1), whether they are in or outside the federal area to which the application relates, at the time when the Board is considering the fixing of those conditions:

(3) Subsections 72.04(3) to (5) of the English version of the Act are replaced by the following:

Conditions relating to waste

(3) If the Board issues a licence in respect of a federal area whose waters form part of a water quality management area designated under the Canada Water Act, it is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of the regulations made under paragraph 18(2)(a) of that Act with respect to those waters.

Non-application of regulations under Canada Water Act

(4) If the Board issues a licence in respect of a federal area whose waters do not form part of a water quality management area designated under the Canada Water Act,

(a) if any regulations made under paragraph 90.3(1)(h) are in force for those waters, the Board is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are not based on the water quality standards prescribed for those waters by those regulations; and

(b) if any regulations made under paragraph 90.3(1)(i) are in force for those waters, the Board is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the effluent standards prescribed in relation to those waters by those regulations.

Application of Fisheries Act

(5) If the Board issues a licence in respect of a federal area whose waters do not form part of a water quality management area designated under the Canada Water Act, and to which any regulations made under subsection 36(5) of the Fisheries Act apply, it is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of those regulations that relate to the deposit of delete-rious substances as defined in subsection 34(1) of that Act.

148. (1) The portion of subsection 72.05(1) of the Act before paragraph (a) is replaced by the following:

Inuit-owned land

72.05 (1) The Board shall not issue a licence in respect of a use of waters or a deposit of waste in a federal area that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, unless

(2) Subparagraph 72.05(1)(b)(i) of the Act is replaced by the following:

(i) on the request of the applicant or the designated Inuit organization, the Board has made a joint determination of the appropriate compensation with the Nunavut Water Board, or

(3) Subparagraph 72.05(1)(b)(ii) of the English version of the Act is replaced by the following:

(ii) if the Board and the Nunavut Water Board are unable to jointly determine compensation, a judge of the Nunavut Court of Justice has determined the compensation.

149. Section 72.06 of the Act is replaced by the following:

Negotiation to be in good faith

72.06 The Board shall not consider a request referred to in subparagraph 72.05(1)(b)(i) unless the requester has negotiated in good faith and has been unable to reach an agreement.

150. Subsection 72.1(2) of the Act is replaced by the following:

Information and studies

(2) The Board shall require an applicant for a licence to provide the Board with the information and studies concerning the use of waters or deposit of waste proposed by the applicant that will enable the Board to evaluate any qualitative and quantitative effects of the use or deposit on waters.

151. Subsection 72.11(1) of the Act is replaced by the following:

Security — federal area

72.11 (1) The Board may require an applicant for a licence that is to apply with respect to a federal area, a holder of such a licence or a prospective assignee of such a licence to furnish and maintain security with the federal Minister, in an amount specified in, or determined in accordance with, the regulations made under paragraph 90.3(1)(g) and in a form prescribed by those regulations or a form satisfactory to the federal Minister.

152. (1) The portion of subsection 72.12(1) of the Act before paragraph (a) is replaced by the following:

Renewal, amendment and cancellation

72.12 (1) Subject to subsections (2) and (3), the Board may

(2) The portion of paragraph 72.12(1)(a) of the English version of the Act before subparagraph (i) is replaced by the following:

(a) renew a licence, if the licensee applies for its renewal or if the renewal appears to the Board to be in the public interest, with or without changes to its conditions, for a term

(3) Subparagraph 72.12(1)(b)(iii) of the English version of the Act is replaced by the following:

(iii) in any other case, if the amendment appears to the Board to be in the public interest; and

(4) Subparagraph 72.12(1)(c)(iii) of the English version of the Act is replaced by the following:

(iii) in any other case, if the cancellation appears to the Board to be in the public interest.

153. Section 72.13 of the Act is replaced by the following:

Approval to issue, renew, amend or cancel

72.13 The Board may issue, renew, amend or cancel — in respect of a federal area or lands outside a federal area — a type A licence, or a type B licence in connection with which a public hearing is held by the Board with respect to its issuance, renewal, amendment or cancellation, only with the approval of the federal Minister.

154. (1) Subsection 72.14(1) of the Act is replaced by the following:

Assignment

(2) Subsection 72.14(2) of the Act is replaced by the following:

Authorization of assignment

(2) The Board shall authorize the assignment of a licence if it is satisfied that neither the sale or other disposition of any right, title or interest of the licensee in the appurtenant undertaking at the time, in the manner and on the terms and conditions agreed to by the licensee, nor the operation of the appurtenant undertaking by the prospective assignee would be likely to result in a contravention of, or failure to comply with, any condition of the licence or any provision of this Act or the regulations.

155. (1) The portion of subsection 72.15(1) of the Act before paragraph (a) is replaced by the following:

Optional hearing

72.15 (1) If the Board is satisfied that it would be in the public interest, it may hold a public hearing in connection with any matter relating to its objects, including, in respect of a federal area or lands outside a federal area,

(2) The portion of subsection 72.15(2) of the English version of the Act before paragraph (a) is replaced by the following:

Mandatory hearing

(2) Subject to subsection (3), the Board shall hold a public hearing if it is considering, in respect of a federal area,

(3) Paragraphs 72.15(3)(a) to (c) of the Act are replaced by the following:

(a) if, after giving notice of a public hearing under section 72.16, the Board receives no notification on or before the 10th day before the day of the proposed hearing that any person or body intends to appear and make representations and the applicant or the licensee, as the case may be, consents in writing to the disposition of the matter without a public hearing;

(b) if, in the case of a renewal of a type A licence, the licensee has filed with the Board an application for renewal in accordance with the regulations made under paragraphs 90.3(1)(d) and (e) and the term of the renewal or renewals granted by the Board does not exceed 60 days in the aggregate; or

(c) if, in the case of an amendment to a type A licence under which the use, flow or quality of waters would be altered, the Board, with the consent of the federal Minister, declares the amendment to be required on an emergency basis.

156. Sections 72.16 to 72.2 of the Act are replaced by the following:

Notice of applications

72.16 (1) Subject to subsection (4), the Board shall give notice of each application made to it — in respect of a federal area or lands outside a federal area — by publishing the application in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the Board considers appropriate.

Notice of public hearing

(2) Subject to subsection (4), the Board shall give notice of a public hearing to be held by it by publishing a notice in a newspaper of general circulation in the area affected or, if there is not such a newspaper, in any other manner that the Board considers appropriate. The day fixed for the public hearing shall be at least 35 days after the day on which the requirements of this subsection have been met.

Public hearing not held

(3) Subject to subsection (4), if a public hearing is not held by the Board in connection with an application, the Board may not act on the application until at least 10 days after the requirements of subsection (1) have been met.

Exception

(4) Subsections (1) to (3) do not apply in respect of an application for the amendment of a licence if the Board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.

Notice — Board’s initiative

72.17 (1) The Board shall give notice of its intention to consider, on its own initiative, the renewal of a licence under paragraph 72.12(1)(a), or the amendment of a condition of a licence under subparagraph 72.12(1)(b)(ii) or (iii), by publishing a notice in a newspaper of general circulation in the area affected or, if there is not such a newspaper, in any other manner that the Board considers appropriate.

Notice — lands outside a federal area

(2) The Board shall give notice of its intention to consider, on its own initiative, the renewal, or the amendment of a condition, of a licence in respect of lands outside a federal area in accordance with any territorial law by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the Board considers appropriate.

Exception

(3) Subsections (1) and (2) do not apply in respect of an application for the amendment of a licence if the Board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.

Time limit — type A licence and type B licence

72.18 (1) With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or if the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 72.17(1) or (2).

Referral to Minister for approval

(2) If the Board decides to issue, renew or amend the licence, that decision shall be immediately referred to the federal Minister for approval.

Decision of Minister and reasons

(3) The federal Minister shall, within 45 days after the Board’s decision is referred to him or her, notify the Board whether or not the decision is approved and, if it is not approved, provide written reasons in the notification.

Extension of time limit

(4) The federal Minister may extend the 45-day time limit by not more than an additional 45 days if he or she notifies the Board of the extension within the first 45 days.

Absence of decision

(5) If the federal Minister does not notify the Board whether or not the decision is approved within the time limit referred to in subsection (3) or (4), whichever is applicable, the federal Minister is deemed to have given approval.

Time limit — other type B licences

72.19 With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type B licence in connection with which no public hearing is held or if the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 72.17(1) or (2).

Time limit — other licences

72.2 On an application for the issuance, renewal or amendment of a licence in respect of lands outside a federal area — other than a type A or type B licence — or, if the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 72.17(2).

157. The portion of section 72.21 of the Act before paragraph (a) is replaced by the following:

Day on which application is made

72.21 An application for the issuance, renewal or amendment of a licence is considered to be made on the day on which the Board is satisfied that the application is in the form, and contains all of the information,

158. Subsection 72.22(1) of the Act is replaced by the following:

Excluded period — information or studies

72.22 (1) If the Board requires the applicant or the licensee to provide information or studies, then the period that is taken by that applicant or licensee, in the Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection 72.18(1), section 72.19 or 72.2 or of its extension.

159. Section 72.23 of the Act is replaced by the following:

Suspension of time limit

72.23 The Board may suspend a time limit referred to in subsection 72.18(1) or section 72.19 or 72.2 or its extension

(a) if the Board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 72.03(5), until the applicant satisfies the Board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;

(b) if the Board is not permitted to issue a licence except in accordance with subsection 72.05(1), until the applicant has entered into a compensation agreement under paragraph 72.05(1)(a) or until a determination of compensation has been made under paragraph 72.05(1)(b), as the case may be;

(c) if the Board is not permitted to issue a licence with respect to lands outside a federal area except in accordance with any compensation requirement under any territorial law, until the requirement has been fulfilled; or

(d) if the Board determines that the applicant is required to enter into a compensation agreement under section 77 or 79.1, until the applicant satisfies the Board that they have done so or the Board has determined, under section 79 or 79.3, the compensation payable by the applicant.

160. Subsection 72.24(1) of the Act is replaced by the following:

Extension of time limit by federal Minister

72.24 (1) The federal Minister may, at the request of the Board, extend the time limit referred to in subsection 72.18(1), section 72.19 or 72.2 by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.

161. Section 72.25 of the Act is replaced by the following:

Reasons — decisions and orders

72.25 The Board shall issue, and make available to the public, written reasons for its decisions or orders relating to any licence, or any application for a licence, in respect of a federal area or lands outside a federal area.

162. Section 72.28 of the Act is replaced by the following:

Copies of licences

72.28 The Board shall provide the territorial Minister with copies of licences issued under this Part and of any decisions and orders relating to such licences.

2005, c. 1, s. 39

163. Sections 73 and 74 of the Act are replaced by the following:

Use without licence

73. (1) Despite sections 72 and 72.01 or any territorial law, the Gwich’in and Sahtu First Nations have the right to use waters or to deposit waste without a licence for purposes of trapping and non-commercial wildlife harvesting other than trapping, for purposes of transportation related to those activities and for traditional heritage, cultural and spiritual purposes.

Use without licence — Tlicho citizens

(2) Despite sections 72 and 72.01 or any territorial law — and subject to any applicable Tlicho laws and, in relation to waters that are on settlement lands, any limitations under the applicable land claim agreement that are of the same type as those that apply in relation to waters on Tlicho lands — Tlicho citizens have the right to use water in the part of Monfwi Gogha De Niitlee that is in the Northwest Territories without a licence, for purposes of wildlife harvesting under 10.1.1 of chapter 10 of the Tlicho Agreement, for purposes of transportation related to such wildlife harvesting and for heritage, cultural or spiritual purposes of the Tlicho First Nation.

Exclusive right

74. Despite section 7.1, the Gwich’in and Sahtu First Nations have the exclusive right to the use of waters when on or flowing through their first nation lands and to the deposit of waste in relation to those waters in accordance with the other provisions of this Part or any territorial law, as the case may be.

2005, c. 1, s. 40

164. The portion of section 76 of the Act before paragraph (a) is replaced by the following:

Issuance, amendment or renewal of licences, etc.

76. The Board may issue, amend or renew a licence, permit or other authorization if the use of land or waters or the deposit of waste proposed by the applicant would, in the Board’s opinion, interfere with a first nation’s rights under section 75, if the Board is satisfied that

2005, c. 1, s. 41

165. The portion of section 77 of the Act before paragraph (a) is replaced by the following:

Conditions for licence

77. The Board may issue, amend or renew a licence under section 76 only if

2000, c. 32, s. 54; 2005, c. 1, s. 42

166. (1) Subsections 78(1) and (2) of the Act are replaced by the following:

Application to water authority

78. (1) The Board shall notify a water authority in writing if the Board determines that a use of waters or a deposit of waste that is proposed, in an application made to the water authority, to be carried out in one of the places set out below would be likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through first nation lands of the Gwich’in or Sahtu First Nation or waters adjacent to those first nation lands:

(a) Nunavut or an area of the Northwest Territories outside the Mackenzie Valley;

(b) a park to which the Canada National Parks Act applies, or lands acquired under the Historic Sites and Monuments Act, in a settlement area.

Access to information

(2) A water authority shall provide the Board with any information in its possession that the Board requires in order to make a determination under subsection (1).

(2) The portion of subsection 78(3) of the English version of the Act before paragraph (a) is replaced by the following:

Conditions for authorization

(3) Despite any other Act, a water authority that is notified under subsection (1) is not permitted to authorize the proposed use of waters or deposit of waste unless

2005, c. 1, s. 43(1)

167. (1) Subsection 79(1) of the Act is replaced by the following:

Referral of compensation to Board

79. (1) If a compensation agreement referred to in section 77 or 78, as the case may be, is not entered into within the period allowed by the rules of the Board, the applicant or the first nation may apply to the Board for a determination of compensation.

(2) The portion of subsection 79(2) of the Act before paragraph (a) is replaced by the following:

Determination of compensation

(2) On an application under subsection (1), the Board shall determine the compensation payable in respect of the proposed use of waters or deposit of waste, taking into consideration

(3) Paragraph 79(2)(d) of the English version of the Act is replaced by the following:

(d) any other factor that the Board considers relevant in the circumstances.

2005, c. 1, s. 44

168. The portion of section 79.1 of the Act before paragraph (a) is replaced by the following:

Conditions for licence

79.1 The Board is not permitted to issue, amend or renew a licence for the use of waters or the deposit of waste if, in its opinion, that use or deposit is likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands unless

2005, c. 1, s. 44

169. Subsection 79.2(1) of the Act is replaced by the following:

Application to water authority

79.2 (1) The Board shall notify a water authority in writing if the Board determines that a use of waters or a deposit of waste that is proposed, in an application made to the water authority, to be carried out in one of the places set out below would be likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands:

(a) Nunavut or an area of the Northwest Territories outside the Mackenzie Valley;

(b) a park to which the Canada National Parks Act applies, or lands acquired under the Historic Sites and Monuments Act, in Wekeezhii.

2005, c. 1, s. 44

170. Subsection 79.3(1) of the Act is replaced by the following:

Referral of compensation to Board

79.3 (1) If a compensation agreement referred to in paragraph 79.1(b) or 79.2(3)(a), as the case may be, is not entered into, the applicant or the Tlicho Government may, after having participated in mediation under chapter 6 of the Tlicho Agreement, apply to the Board for a determination of compensation.

2005, c. 1, s. 45(2)

171. (1) The portion of subsection 80(3) of the Act before paragraph (a) is replaced by the following:

Reference to Board

(3) On application by the person or department or agency requesting the supply or access, the Board shall

(2) Subsection 80(4) of the Act is replaced by the following:

Settlement lands outside settlement area

(4) If first nation lands from which construction materials are requested are situated outside the first nation’s settlement area but within the Northwest Territories, the Board shall consult the resource management authority having jurisdiction in respect of those lands before making any determination under subsection (3).

2005, c. 1, s. 46

172. The portion of subsection 80.1(4) of the Act before paragraph (a) is replaced by the following:

Reference to Board

(4) On application by any person, department, agency or government requesting the supply of, or access to, materials under subsection (1) and after the applicant has participated in mediation under chapter 6 of the Tlicho Agreement, the Board shall

173. (1) Section 81 of the Act is replaced by the following:

Ministerial approval

81. A board is not permitted to issue, amend, renew or cancel a type A licence referred to in the Northwest Territories Waters Act, or a type B licence referred to in that Act in connection with which a public hearing is held by the board with respect to its issuance, renewal, amendment or cancellation, without the approval of the federal Minister.

(2) Section 81 of the Act is repealed.

2005, c. 1, s. 47

174. (1) Section 82 of the Act is replaced by the following:

Consultation with boards

82. The federal Minister shall consult the boards with respect to the amendment of this Act or the making or amendment of any instrument under this Act.

(2) Section 82 of the Act is replaced by the following:

Consultation with Board

82. The federal Minister shall consult the Board with respect to the amendment of this Act or the making or amendment of any instrument under this Act.

2005, c. 1, s. 47

175. (1) Subsection 83(1) of the Act is replaced by the following:

Minister’s policy directions to board

83. (1) The federal Minister may, after consultation with a board, give written policy directions that are binding on the board with respect to the exercise of any of its functions under this Act. The federal Minister shall also consult the Tlicho Government before giving such written policy directions to the Wekeezhii Land and Water Board.

(2) Subsections 83(1) to (3) of the Act are replaced by the following:

Minister’s policy directions to Board

83. (1) The federal Minister may, after consultation with the Board and the Tlicho Government, give written policy directions that are binding on the Board with respect to the exercise of any of its functions under this Act.

Policy directions by the Tlicho Government to Board

(2) The Tlicho Government may, after consultation with the Board and the federal Minister, give written policy directions with respect to the exercise of any of the Board’s functions under this Part in relation to the use of Tlicho lands. Policy directions shall be binding on the Board to the extent that compliance with them does not require the Board to exceed its approved budget.

Limitation

(3) Except as provided by subsection (4), policy directions do not apply in respect of any application that, at the time the directions are given, is pending before the Board or has been approved by the Board and is awaiting approval under section 72.13 or under any territorial law, as the case may be.

2005, c. 1, s. 47

(3) Subsection 83(3) of the Act is replaced by the following:

Limitation

(3) Except as provided by subsection (4), policy directions do not apply in respect of any application that, at the time the directions are given, is pending before a board or has been approved by a board and is awaiting approval under section 72.13 or under any territorial law, as the case may be.

176. The Act is amended by adding the following after section 83:

Recommendations

Recommendations to federal Minister

83.1 (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.

Other recommendations

(2) The Board may make recommendations to

(a) the Minister responsible for any Act of Parliament regarding the use of land or waters or the deposit of waste, with respect to the amendment of that Act or the making or amendment of any instrument under that Act;

(b) the territorial Minister with respect to the amendment of territorial laws regarding the use of land or waters or the deposit of waste;

(c) a local government with respect to the amendment of bylaws enacted by that government regarding the use of land or waters or the deposit of waste; and

(d) the Tlicho Government with respect to the amendment of Tlicho laws regarding the use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters.

Cooperation with Other Authorities

Coordination

83.2 If a use of land or waters or a deposit of waste proposed by an applicant for a licence or permit is likely to have an impact in an area outside the Mackenzie Valley, whether within or outside the Northwest Territories, the Board may consult any government, aboriginal group or other body responsible for the regulation of such uses or deposits in that area and may, with the approval of the federal Minister, hold joint hearings with or enter into agreements with any of them for the coordination of activities and the avoidance of duplication.

2005, c. 1, ss. 48 and 49

177. The heading before section 84 and sections 84 to 89 of the Act are replaced by the following:

Administration and Enforcement

Designation

84. (1) 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 86 or 86.1.

Designation — analyst

(2) The federal Minister may designate any qualified person as an analyst for the purposes of this Part.

Powers

Authority to enter

85. (1) An inspector may, for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 86 or 86.1, enter a place in which they have reasonable grounds to believe that

(a) a person is using land;

(b) a person is using water or depositing waste in a federal area within a water management area;

(c) in a federal area within a water management area a person is constructing any work that, on completion, will form part of an undertaking whose operation will require the use of waters or the deposit of waste, or altering or extending a work that forms part of such an undertaking; or

(d) a document or any thing relating to a use or deposit referred to in paragraph (a), (b) or (c) is located.

Powers on entry

(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) take measurements or samples of anything in the place;

(g) remove any thing from the place for examination or copying;

(h) take photographs and make recordings or sketches;

(i) 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;

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

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

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

Certificate

(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.

Notice

(4) If an inspector considers it reasonable to do so, an inspector shall give the Gwich’in or Sahtu First Nation prior notice of entry by the inspector on its first nation lands.

Notice to Tlicho Government

(5) An inspector shall, if it is reasonable to do so, give the Tlicho Government prior notice of entry by the inspector on Tlicho lands.

Warrant for dwelling-house

85.1 (1) If the place referred to in subsection 85(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).

Authority to issue warrant

(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 85(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 86 or 86.1; 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.

Entering private property

85.2 (1) For the purpose of gaining entry to a place referred to in subsection 85(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.

Person accompanying inspector

(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 85(1) and is not liable for doing so.

Use of force

85.3 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

Inspector’s order — adverse effects of land use

86. (1) If an inspector has reasonable grounds to believe that a use of land has resulted in or is likely to result in an adverse effect on the environment, the inspector may, in accordance with the regulations, order the person who is using the land to take any measures that the inspector considers reasonable to mitigate, remedy or prevent the adverse effect.

Inspector’s order — contravention

(2) If an inspector has reasonable grounds to believe that a person who is using land is contravening the regulations or the conditions of a permit, the inspector may, in accordance with the regulations, order that person to take any measures that the inspector considers reasonable in order to prevent the contravention from continuing.

Notice

(3) An 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.

Remedial measures

86.1 (1) Whether or not a report has been made under subsection 72.01(3), an inspector may order a person who is using water or depositing waste in a federal area to take any reasonable measures that the inspector may specify, including the cessation of an activity, to prevent a use of waters, deposit of waste or failure of a work from occurring or to counteract, mitigate or remedy adverse effects of that use, deposit or failure, if an inspector has reasonable grounds to believe

(a) that

(i) waters have been or may be used in contravention of subsection 72(1) or of a condition of a licence,

(ii) waste has been or may be deposited in contravention of subsection 72.01(1) or of a condition of a licence, or

(iii) there has been, or may be, a failure of a work related to the use of waters or the deposit of waste, whether or not there has been compliance with any standards prescribed by regulations made under paragraph 90.3(1)(j) and with any standards imposed by a licence; and

(b) that a danger to persons, property or the environment results, or may reasonably be expected to result, from the adverse effects of that use, deposit or failure.

Notice

(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.

Failure to comply

86.2 (1) If a person does not comply with an order made under subsection 86(1) or (2) or section 86.1 within the time specified, the inspector may, on their own initiative, take the measures specified in the order.

Recovery of Her Majesty’s costs

(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 or by recourse to any security furnished under section 71 or 72.11, as the case may be.

Assistance to inspectors

87. (1) The owner or person in charge of the place entered under section 85, and every person in it, shall give an inspector all assistance that is reasonably required to enable the inspector to verify compliance or prevent non-compliance with this Part and orders made under section 86 or 86.1, and shall provide any documents, data or information that is reasonably required for that purpose.

Obstruction

(2) It is prohibited to knowingly obstruct or hinder an inspector who is exercising their powers or performing their duties and functions under this Act.

False statements or information

(3) 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 Act to an inspector who is exercising their powers or performing their duties and functions under this Act.

Review by board

88. A board shall, if so requested by a person who is subject to an order made by an inspector under subsection 86(1) or (2) or section 86.1, review that order without delay and confirm, vary or revoke it.

Work closed or abandoned

89. (1) The federal Minister may take any reasonable measures to prevent, counteract, mitigate or remedy any adverse effect, in a federal area, on persons, property or the environment, and for that purpose may enter any place in a federal area, except one that is designed to be used and is being used as a permanent or temporary dwelling-house, if the federal Minister has reasonable grounds to believe that

(a) a person has closed or abandoned, temporarily or permanently, a work related to the use of waters or the deposit of waste, and

(b) either

(i) the person has contravened or failed to comply with any condition of a licence or any provision of this Act or the regulations, whether or not the condition or provision relates to closing or abandonment, or

(ii) a danger to persons, property or the environment may result from the past operation of the work or from its closing or abandonment.

Recovery of Her Majesty’s costs

(2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada in the taking of measures under subsection (1), to the extent that the incurring of those costs was based on subparagraph (1)(b)(i), constitutes a debt due to Her Majesty recoverable from the person in a court of competent jurisdiction or by recourse to any security furnished under section 72.11.

178. Subsection 85(4) of the Act is replaced by the following:

Notice to first nation

(4) An inspector shall, if it is reasonable to do so, give the Gwich’in or Sahtu First Nation prior notice of entry by the inspector on its first nation lands.

179. Section 88 of the Act is replaced by the following:

Review by Board

88. The Board shall, if so requested by a person who is subject to an order made by an inspector under subsection 86(1) or (2) or section 86.1, review that order without delay and confirm, vary or revoke it.

180. (1) Paragraphs 90(c) and (d) of the Act are replaced by the following:

(c) respecting eligibility for permits, prescribing the conditions or kinds of conditions that the Board may include in permits and respecting the duration of permits;

(d) providing for the issuance to permittees by the Board of authorizations for uses of land not authorized in their permits;

(2) Paragraphs 90(h) and (i) of the Act are replaced by the following:

(h) specifying the amount, or the manner of determining the amount, of the security referred to in subsection 71(1) or empowering the Board to fix the amount of that security, subject to any maximum that may be specified for that purpose, prescribing the form and conditions of the security, and specifying the circumstances and manner in which it shall be refunded;

(i) prescribing the form of the register to be maintained by the Board under section 68 and the information to be entered in it, and respecting the fees, if any, to be paid to examine the register or to obtain copies from it;

(3) Paragraphs 90(m) and (n) of the Act are replaced by the following:

(m) authorizing the Board or an inspector to relieve permittees from specified obligations under the regulations; and

(n) authorizing the Board or an inspector to require permittees to submit reports to them on specified matters.

2005, c. 1, s. 51

181. Sections 90.1 and 90.2 of the Act are replaced by the following:

Regulations respecting cost recovery

90.01 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the Board, make regulations respecting the recovery of amounts and costs for the purposes of section 68.1, 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

90.02 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the Board, make regulations respecting any consultation with a first nation, the Tlicho First Nation, the Tlicho Government or an aboriginal people who use an area outside the Mackenzie Valley that may occur under this Part, including the manner in which it is to be conducted, and providing for the delegation of certain procedural aspects of such a consultation.

Prohibition — Tlicho lands

90.1 Even if the regulations do not require a permit or other authorization under this Part for a particular use of land, no person shall use Tlicho lands without such a permit or authorization if one is required by a Tlicho law for uses of that type.

Exception

90.2 Despite the regulations, a permit or other authorization under this Part for a particular use of land in a Tlicho community is not required if the local government of that community has enacted a bylaw providing that one is not required for uses of that type.

2005, c. 1, s. 51

182. Section 90.2 of the Act is replaced by the following:

Exception

90.2 Despite the regulations, a permit or other authorization under Part 3 or 4 for a particular use of land in a Tlicho community is not required if the local government of that community has enacted a bylaw providing that one is not required for uses of that type.

Regulations — federal areas

90.3 (1) The Governor in Council may, following consultation by the federal Minister with the Gwich’in and Sahtu First Nations and the Tlicho Government, make regulations respecting the use of waters and the deposit of waste in federal areas and, in particular, may make regulations

(a) on the recommendation of the federal Minister and a board,

(i) establishing water management areas consisting of river basins or other geographical areas, and

(ii) classifying purposes of waters use in any water management area;

(b) prescribing, for the purposes of paragraphs (b) to (d) of the definition “waste” in section 51,

(i) substances and classes of substances,

(ii) quantities or concentrations of substances and classes of substances in water, and

(iii) treatments, processes and changes of water;

(c) setting out the criteria to be applied by a 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 a board;

(e) prescribing the forms to be used for applications to a board, the information to be submitted to a board in connection with any application and the form in which any of that information is to be submitted;

(f) prescribing forms, in addition to any forms prescribed under paragraph (e);

(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 a board to fix the amount of the security subject to a maximum specified in, or determined in accordance with, those regulations;

(h) prescribing water quality standards;

(i) prescribing effluent standards;

(j) prescribing standards for the design, construction, operation and maintenance of works related to the use of waters or the deposit of waste;

(k) prescribing fees to be paid for the right to use waters or deposit waste under a licence;

(l) prescribing the times at which and the manner in which fees prescribed under paragraph (k) shall be paid;

(m) subject to any order made under subsection 91.1(2), authorizing the use without a licence of waters in a water management area for a purpose or use, in a quantity or at a rate, or for a period, or any combination of purpose, use, quantity, rate or period, specified in the regulations, and prescribing the conditions under which those waters may be used without a licence;

(n) subject to any order made under subsection 91.1(2), prescribing quantities, concentrations and types of waste that may be deposited without a licence, and the conditions under which any such waste may be deposited;

(o) prescribing the manner in which a report under subsection 72.01(3) is to be made and the information to be contained in it and designating a person or authority, in lieu of an inspector, to whom the report is to be made;

(p) requiring persons who use waters or deposit waste in a water management area

(i) to maintain books and records for the proper enforcement of this Part, and

(ii) to submit to a board, on a regular monthly, quarterly, semi-annual or annual basis, a report on any of their operations to which this Part applies, and specifying the information to be contained in it;

(q) requiring persons who deposit waste in a water management area

(i) to submit representative samples of the waste to a board for analysis, or

(ii) to analyse representative samples of the waste and submit the results of the analysis to a board;

(r) respecting the taking of representative samples of waters or waste and respecting the method of analysis of those samples;

(s) respecting the duties of persons designated as analysts under subsection 84(2);

(t) prescribing anything that is to be prescribed under this Act; and

(u) generally, for carrying out the purposes and provisions of this Part.

Regulations — Mackenzie Valley

(2) The Governor in Council may, following consultation by the federal Minister with the Gwich’in and Sahtu First Nations and the Tlicho Government, make regulations respecting the use of waters and the deposit of waste in the Mackenzie Valley

(a) prescribing fees to be paid

(i) for the filing of any application with the board, and

(ii) for examination of the register maintained under section 68;

(b) prescribing the times at which and the manner in which fees prescribed under paragraph (a) shall be paid; and

(c) prescribing the form of the register to be maintained by a board under section 68 and the information to be entered in it.

Regulations may vary

(3) Regulations made under subsection (1) may vary according to any criterion or combination of criteria, including the use of waters, the purpose, quantity and rate of that use, and the quantities, concentrations and types of waste deposited.

Incorporation by reference

90.4 (1) A regulation made under this Part may incorporate by reference any documents produced by a person other than the federal Minister or by a body.

Reproduced or translated material

(2) A regulation made under this Part may incorporate by reference documents that the federal Minister reproduces or translates from documents produced by a body or person other than the federal Minister

(a) with any adaptations of form and reference that will facilitate their incorporation into the regulation; or

(b) in a form that sets out only the parts of them that apply for the purposes of the regulation.

Jointly produced documents

(3) A regulation made under this Part may incorporate by reference documents that the federal Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws.

Internally produced standards

(4) A regulation made under this Part may incorporate by reference technical or explanatory documents that the federal Minister produces, including

(a) specifications, classifications, illustrations, graphs or other information of a technical nature; and

(b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.

Incorporation as amended from time to time

(5) Documents may be incorporated by reference as amended from time to time.

For greater certainty

(6) Subsections (1) to (5) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

Accessibility

(7) The federal Minister shall ensure that any document that is incorporated by reference in the regulation is accessible.

Defence

(8) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (7) or it was otherwise accessible to the person.

No registration or publication

(9) For greater certainty, a document that is incorporated by reference in the regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

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:

Rules

91. The Board may make rules

185. The Act is amended by adding the following after section 91:

Orders

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.

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.

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:

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,

2005, c. 1, s. 53(1)

187. (1) Subsection 92(1) of the Act is replaced by the following:

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:

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:

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

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.

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).

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.

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).

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.

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.

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):

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:

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.

190. (1) Section 93 of the Act is replaced by the following:

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.

Application

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:

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.

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.

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.

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.

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.

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.

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:

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.

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.

2005, c. 1, s. 54

192. Section 95 of the Act is replaced by the following:

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.

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).

2005, c. 1, s. 58

195. Subsection 102(1) of the Act is replaced by the following:

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.

2005, c. 1, s. 61

197. Subsection 106.1(1) of the Act is replaced by the following:

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:

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:

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:

Federal Minister — powers, duties and functions

200. The Act is amended by adding the following after section 112:

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.

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.

201. Section 115 of the Act is renumbered as subsection 115(1) and is amended by adding the following:

Consideration of previous assessment activities

(2) A person or body conducting a prelimi-nary screening, an environmental assessment, an environmental impact review or an examination of impacts on the environment that stands in lieu of an environmental impact review in respect of a proposed development shall consider, and may rely on, any assessment activities previously carried out under this Part in respect of that development.

202. The portion of section 116 of the Act before paragraph (a) is replaced by the following:

Canadian Environmental Assessment Act, 2012

116. The Canadian Environmental Assessment Act, 2012 does not apply in the Mackenzie Valley in respect of proposals for developments other than

203. The Act is amended by adding the following after section 117:

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) the person or body receives a notice under subsection 124(1.1) in respect of the development;

(b) the development is exempted from preliminary screening under subsection 124(2);

(c) 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 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 accord-ance with the conditions included in a development certificate issued under section 137.4, or an amended certificate issued under subsection 142.21(17), with respect to that development.

No contravention

(2) A person or body who carries out a development, in whole or in part, is not in contravention of subsection (1) 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.

204. (1) Section 124 of the Act is amended by adding the following after subsection (1):

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.

2005, c. 1, s. 75(2)

(2) Subsection 124(4) of the Act is replaced by the following:

Cooperation

(4) If more than one body conducts a preliminary screening of a proposal for a development, any of them may consult the others, adopt another’s report or participate in a joint preliminary screening and, if one of them is the Mackenzie Valley Land and Water Board, the others are not required to conduct a preliminary screening.

205. (1) Section 125 of the Act is amended by adding the following after subsection (1):

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.

Mackenzie Valley Land and Water Board

(1.2) If the Mackenzie Valley Land and Water Board 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.

(2) Section 125 of the Act is amended by adding the following after subsection (2):

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,

Mackenzie Valley Land and Water Board

(4) If the Mackenzie Valley Land and Water Board 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, as the case may be, 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.

2005, c. 1, s. 78(1)

206. Subsection 128(2) of the Act is replaced by the following:

Review Board’s report

(2) The Review Board shall, within nine months after the day on which a proposal is referred to it under section 125 or subsection 126(2) or the day on which it starts to conduct an assessment under subsection 126(3), complete its environmental assessment and make a report of that assessment to

(a) the federal Minister, who shall distribute it to every responsible minister;

(b) any designated regulatory agency from which a licence, permit or other authorization is required for the carrying out of the development; and

Time limit — hearings

(2.1) If the Review Board holds a public hearing during the conduct of the environmental assessment, the time limit referred to in subsection (2) is extended to 16 months.

Extension of time limit by federal Minister

(2.2) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (2) or (2.1) by a maximum of two months to take into account circumstances that are specific to the proposal.

Extension of time limit by Governor in Council

(2.3) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (2.2) any number of times.

Excluded period

(2.4) If the Review Board requires the person or body that proposes to carry out the development 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.

2005, c. 1, s. 79

207. Section 129 of the Act is repealed.

208. (1) Paragraph 130(1)(c) of the Act is replaced by the following:

(c) irrespective of the determination in the report, to refer the proposal to the Minister of the Environment, following consultation with that Minister, for the purpose of a joint review under the Canadian Environmental Assessment Act, 2012, if the federal Minister and the responsible ministers determine that it is in the national interest to do so.

2005, c. 1, s. 80(1)

(2) Subsection 130(1.1) of the Act is replaced by the following:

Consultation

(1.1) Before making an order under paragraph (1)(a) or a referral under paragraph (1)(c), the federal Minister and the responsible ministers shall consult

(a) the Gwich’in First Nation, if the development is to be carried out wholly or partly on its first nation lands, as defined in section 51;

(b) the Sahtu First Nation, if the development is to be carried out wholly or partly on its first nation lands, as defined in section 51; and

(3) Section 130 of the Act is amended by adding the following after subsection (4):

Time limits

(4.01) 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 of an environmental assessment.

Time limit — hearings

(4.02) If the Review Board holds a public hearing during the conduct of the environmental assessment, the time limit referred to in subsection (4.01) is extended to five months.

Extension of time limit by federal Minister

(4.03) The federal Minister may extend the time limit referred to in subsection (4.01) or (4.02) by a maximum of two months to take into account circumstances that are specific to the proposal.

Extension of time limit by Governor in Council

(4.04) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (4.03) any number of times.

Time limit — further consideration

(4.05) If a recommendation is referred back to the Review Board for further consideration under subparagraph (1)(b)(i), the time taken for that referral and consideration is included in the calculation of the time limit set out in subsection (4.01) or (4.02) or of its extension.

Excluded period

(4.06) If the federal Minister or the Review Board requires the person or body that proposes to carry out the development 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 (4.01) or (4.02) or of its extension.

Notification — paragraph (1)(c)

(4.07) If, following an order by the Review Board that an environmental impact review of a proposal be conducted, the federal Minister and the responsible ministers do not refer a proposal to the Minister of the Environment under paragraph (1)(c), the federal Minister shall so advise the Review Board in writing within three months after the day on which the federal Minister receives the Review Board’s report of an environmental assessment.

Time limit — hearings

(4.08) If the Review Board holds a public hearing during the conduct of the environmental assessment, the time limit referred to in subsection (4.07) is extended to five months.

Extension of time limit by federal Minister

(4.09) The federal Minister may extend the time limit referred to in subsection (4.07) or (4.08) by a maximum of two months to take into account circumstances that are specific to the proposal.

Extension of time limit by Governor in Council

(4.1) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (4.09) any number of times.

2005, c. 1, s. 80(2)

(4) Subsection 130(5) of the French version of the Act is replaced by the following:

Mise en oeuvre

(5) Les premières nations, administrations locales, autorités administratives, ministères et organismes visés au paragraphe (4) sont tenus de se conformer à la décision ministérielle dans la mesure de leur compétence. La mise en oeuvre de celle-ci incombe au ministre fédéral et aux ministres compétents.

(5) Subsection 130(5) of the Act is replaced by the following:

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. 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 certificate issued under subsection 142.21(17), in relation to the proposed development, to the extent of their respective authorities.

209. (1) Section 131 of the Act is amended by adding the following after subsection (1):

Time limit

(1.1) The designated regulatory agency shall make a decision under subsection (1) within three months after the day on which the agency receives the Review Board’s report of an environmental assessment.

Time limit — hearings

(1.2) If the Review Board holds a public hearing during the conduct of the environmental assessment, the time limit referred to in subsection (1.1) is extended to five months.

Extension of time limit by designated regulatory agency

(1.3) The designated regulatory agency may extend the time limit referred to in subsection (1.1) or (1.2) by a maximum of two months to take into account circumstances that are specific to the proposal.

Extension of time limit by Governor in Council

(1.4) The Governor in Council may, on the recommendation of the Minister responsible for the designated regulatory agency, further extend the time limit extended under subsection (1.3) any number of times.

Time limit — further consideration

(1.5) If a recommendation is referred back to the Review Board for further consideration under paragraph (1)(a), the time taken for that referral and consideration is included in the calculation of the time limit set out in subsection (1.1) or (1.2) or of its extension.

Excluded period

(1.6) If the designated regulatory agency or the Review Board requires the person or body that proposes to carry out the development 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 designated regulatory agency’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 (1.1) or (1.2) or of its extension.

(2) Section 131 of the Act is amended by adding the following after subsection (1.6):

Provision of decision

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

210. Section 131.1 of the Act is amended by adding the following after subsection (3):

Provision of decision

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

211. The Act is amended by adding the following after section 131.2:

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 Review Board receives confirmation that the federal Minister received its report relating to that de-termination 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 reject 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 by or 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 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 by those ministers in their decision made under subparagraph 130(1)(b)(i); or

(b) if the federal Minister and the responsible ministers agree to adopt the recommenda-tion referred to in paragraph (a) 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.

212. Section 132 of the Act is amended by adding the following after subsection (3):

Time limit

(4) The Review Board shall appoint members to a review panel within three months after the day on which the Review Board is advised, as the case may be,

(a) of an order for an environmental impact review under paragraph 130(1)(a), subparagraph 130(1)(b)(ii) or paragraph 131(1)(b); or

(b) in accordance with subsection 130(4.07), that the proposal has not been referred to the Minister of the Environment.

Extension of time limit by federal Minister

(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 two months to take into account circumstances that are specific to the proposal.

Extension of time limit by Governor in Council

(6) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (5) any number of times.

Excluded period

(7) If the Review Board requires the person or body that proposes to carry out the development 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 Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (4) or of its extension.

213. (1) Paragraph 134(1)(e) of the French version of the Act is replaced by the following:

e) la tenue d’audiences publiques au sein des collectivités concernées ou la consultation de celles-ci.

(2) The Act is amended by adding the following after subsection 134(1):

Time limit — terms of reference

(1.1) The Review Board shall fix the terms of reference for the review panel within three months after the day on which the Review Board is advised, as the case may be,

(a) of an order for an environmental impact review under paragraph 130(1)(a), subparagraph 130(1)(b)(ii) or paragraph 131(1)(b); or

(b) in accordance with subsection 130(4.07), that the proposal has not been referred to the Minister of the Environment.

Extension of time limit by federal Minister

(1.2) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (1.1) by a maximum of two months to take into account circumstances that are specific to the proposal.

Extension of time limit by Governor in Council

(1.3) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (1.2) any number of times.

Excluded period

(1.4) If the Review Board requires the person or body that proposes to carry out the development 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 Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (1.1) or of its extension.

2005, c. 1, s. 84(2)

(3) Subsection 134(3) of the Act is replaced by the following:

Review panel’s report

(3) Within 15 months after the first day on which both the members of the panel are appointed and the terms of reference are established, the report of a review panel shall be submitted to

(a) the federal Minister, who shall distribute it to every responsible minister;

(b) any designated regulatory agency from which a licence, permit or other authorization is required for the carrying out of the development; and

Extension of time limit by federal Minister

(4) The federal Minister may, at the request of the review panel, extend the time limit referred to in subsection (3) by a maximum of two months to take into account circumstances that are specific to the proposal.

Extension of time limit by Governor in Council

(5) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (4) any number of times.

Excluded period

(6) If the review panel requires the person or body that proposes to carry out the development 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 panel’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (3) or of its extension.

Copy of report

(7) A copy of the report of a review panel shall be provided to

(a) the Gwich’in First Nation, if the development is to be carried out wholly or partly on its first nation lands, as defined in section 51; and

(b) the Sahtu First Nation, if the development is to be carried out wholly or partly on its first nation lands, as defined in section 51.

214. (1) Subsection 136(1) of the Act is replaced by the following:

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.

(2) Section 136 of the Act is amended by adding the following after subsection (1):

Time limits

(1.1) The federal Minister shall distribute the decision within six months after the day on which the federal Minister received the review panel’s report.

Extension of time limit by federal Minister

(1.2) The federal Minister may extend the time limit referred to in subsection (1.1) by a maximum of two months to take into account circumstances that are specific to the proposal.

Extension of time limit by Governor in Council

(1.3) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (1.2) any number of times.

Time limit — further consideration

(1.4) If a recommendation is referred back to the review panel for further consideration under paragraph 135(1)(a), the time taken for that referral and consideration is included in the calculation of the time limit set out in subsection (1.1) or of its extension.

Excluded period

(1.5) If the federal Minister or the review panel requires the person or body that proposes to carry out the development 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 panel’s opinion, as the case may be, to comply with the requirement is not included in the calculation of the time limit under subsection (1.1) or of its extension.

2005, c. 1, s. 85

(3) Subsection 136(2) of the French version of the Act is replaced by the following:

Mise en oeuvre

(2) Les premières nations, administrations locales, autorités administratives, ministères et organismes visés au paragraphe (1) sont tenus de se conformer à la décision ministérielle dans la mesure de leur compétence. La mise en oeuvre de celle-ci incombe au ministre fédéral et aux ministres compétents.

(4) Subsection 136(2) of the Act is replaced by the following:

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. A first nation, local government, regulatory authority or department or agency of the federal or territorial government affected by a decision 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 certificate issued under subsection 142.21(17), in relation to the development, to the extent of their respective authorities.

215. (1) Section 137 of the Act is amended by adding the following after subsection (1):

Time limits

(1.1) The designated regulatory agency shall make a decision under subsection (1) within six months after the day on which it receives the review panel’s report.

Extension of time limit by designated regulatory agency

(1.2) The designated regulatory agency may extend the time limit referred to in subsection (1.1) by a maximum of two months to take into account circumstances that are specific to the proposal.

Extension of time limit by Governor in Council

(1.3) The Governor in Council may, on the recommendation of the Minister responsible for the designated regulatory agency, further extend the time limit extended under subsection (1.2) any number of times.

Time limit — further consideration

(1.4) If a recommendation is referred back to the review panel for further consideration under paragraph (1)(a), the time taken for that referral and consideration is included in the calculation of the time limit set out in subsection (1.1) or of its extension.

Excluded period

(1.5) If the designated regulatory agency or the review panel requires the person or body that proposes to carry out the development 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 designated regulatory agency’s or the review panel’s opinion, as the case may be, to comply with the requirement is not included in the calculation of the time limit under subsection (1.1) or of its extension.

(2) Section 137 of the Act is amended by adding the following after subsection (1.5):

Provision of decision

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

216. Section 137.1 of the Act is amended by adding the following after subsection (3):

Provision of decision

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

2005, c. 1, s. 86

217. Section 137.3 of the Act is replaced by the following:

Consultation

137.3 Before making a decision under subsection 135(1), 137(1) or 137.1(1) in respect of a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley, the person or body making the decision shall take into consideration any report in respect of the proposal that is submitted by a review panel established under the Canadian Environmental Assessment Act, 2012 and shall consult every responsible authority to whom the report is submitted under that Act.

218. The Act is amended by adding the following after section 137.3:

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 reject that recommen-dation 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 by or 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 meas-ures or program 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 paragraph 135(1)(a);

(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 meas-ures or program 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 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, any mitigative or remedial measures or follow-up program 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 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, any mitigative or remedial measures or follow-up program 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 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

Provision of certificate

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.

2005, c. 1, s. 87

219. (1) The portion of subsection 138(1) of the Act before paragraph (a) is replaced by the following:

Report by review panel — national interest referral

138. (1) Within 15 months after the day on which a review panel, that is the subject of an agreement entered into under subsection (3) or 138.1(1), is established under subsection 41(2) of the Canadian Environmental Assessment Act, 2012 in respect of a proposal for a development that was referred under paragraph 130(1)(c) of this Act shall, in addition to satisfying the requirements of paragraph 43(1)(e) of that Act, submit the report of its recommendations to

(2) Section 138 of the Act is amended by adding the following after subsection (1):

Extension of time limit by federal Minister

(1.1) The federal Minister may, at the request of the review panel, extend the time limit referred to in subsection (1) by a maximum of two months to take into account circumstances that are specific to the proposal.

Extension of time limit by Governor in Council

(1.2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (1.1) any number of times.

Excluded period

(1.3) If the review panel requires the person or body that proposes to carry out the development 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 panel’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (1) or of its extension.

2005, c. 1, s. 87

(3) Subsection 138(2) of the Act is replaced by the following:

Provisions applicable

(2) An examination by a review panel referred to in subsection (1) stands in lieu of an environmental impact review 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 may not be referred back to the panel for further consideration.

(4) The Act is amended by adding the following after subsection 138(2):

Referral — paragraph 130(1)(c)

(3) If a proposal for a development, other than a proposal to which section 138.1 applies, is referred to the Minister of the Environment under paragraph 130(1)(c), the Review Board shall, within three months after the day on which the proposal was referred to that Minister, enter into an agreement with him or her for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the development’s impact on the environment in accordance with subsection 41(2) of the Canadian Environmental Assessment Act, 2012.

Extension of time limit by federal Minister

(4) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (3) by a maximum of two months to take into account circumstances that are specific to the proposal.

Extension of time limit by Governor in Council

(5) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (4) any number of times.

Excluded period

(6) If the Review Board requires the person or body that proposes to carry out the development 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 under subsection (3) or of its extension.

2005, c. 1, s. 87

220. Subsection 138.1(1) of the Act is replaced by the following:

Agreement — national interest referral

138.1 (1) If a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley and either is to be carried out partly in Wekeezhii or might have an impact on the environment in Wekeezhii is referred to the Minister of the Environment under paragraph 130(1)(c), then the Review Board shall enter into an agreement with the Minister of the Environment for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the development’s impact on the environment in accordance with subsection 41(2) of the Canadian Environmental Assessment Act, 2012.

2005, c. 1, s. 87

221. Section 139 of the Act is repealed.

222. (1) Section 140 of the Act is amended by adding the following after subsection (2):

Time limit

(2.1) Any agreement under paragraph (2)(b) shall be entered into within three months after the day on which the Review Board is advised, as the case may be,

(a) of an order for an environmental impact review under subparagraph 130(1)(b)(ii) or paragraph 131(1)(b); or

(b) in accordance with subsection 130(4.07), that the proposal has not been referred to the Minister of the Environment.

Extension of time limit by federal Minister

(2.2) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (2.1) by a maximum of two months to take into account circumstances that are specific to the proposal.

Extension of time limit by Governor in Council

(2.3) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (2.2) any number of times.

Excluded period

Environmental impact review

(2.5) Despite subsections (2.1) to (2.4), if, within the time limit set out in those subsections, an agreement has not been entered into under paragraph (2)(b), a panel of the Review Board shall conduct an environmental impact review of the development.

2005, c. 1, s. 88

(2) The portion of subsection 140(3) of the Act before paragraph (a) is replaced by the following:

Joint panel’s report

(3) Within 15 months after the day on which a joint panel is established under paragraph (2)(b), the panel shall make a report of its recommendations to

(3) Section 140 of the Act is amended by adding the following after subsection (3):

Extension of time limit by federal Minister

(3.1) The federal Minister may, at the request of the joint panel, extend the time limit referred to in subsection (3) by a maximum of two months to take into account circumstances that are specific to the proposal.

Extension of time limit by Governor in Council

(3.2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (3.1) any number of times.

Excluded period

(3.3) If the joint panel requires the person or body that proposes to carry out the development 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 joint panel’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (3) or of its extension.

2005, c. 1, s. 88

(4) Subsection 140(4) of the Act is replaced by the following:

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 may not be referred back to the panel for further consideration.

223. (1) Paragraph 141(2)(a) of the Act is replaced by the following:

(a) enter into an agreement with the Minister of the Environment in accordance with subsection 40(1) of the Canadian Environmental Assessment Act, 2012 to provide for an examination by a review panel, if that Act applies in respect of the development in the region or province referred to in subsection (1); and

(2) Section 141 of the Act is amended by adding the following after subsection (2):

Time limit

(2.1) An agreement made under paragraph (2)(a), or an agreement made under paragraph (2)(b) that provides for an examination by a joint panel, shall be entered into within three months after the day on which the Review Board is advised, as the case may be,

(a) of an order for an environmental impact review made under paragraph 130(1)(a), subparagraph 130(1)(b)(ii) or paragraph 131(1)(b); or

(b) in accordance with subsection 130(4.07), that the proposal has not been referred to the Minister of the Environment.

Extension of time limit by federal Minister

Extension of time limit by Governor in Council

(2.3) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (2.2) any number of times.

Excluded period

Environmental impact review

2005, c. 1, s. 89(2)

(3) Paragraph 141(3)(b) of the Act is replaced by the following:

(b) with the Minister of the Environment if that Minister is authorized under subsection 40(1) of the Canadian Environmental Assessment Act, 2012 to enter into such an agreement.

2005, c. 1, s. 89(2)

(4) The portion of subsection 141(5) of the Act before paragraph (a) is replaced by the following:

Report — review panel or joint panel

(5) Within 15 months after the day on which a review panel or joint panel is established by an agreement referred to in subsection (2) or (3), the panel shall make a report of its examination to

(5) Section 141 of the Act is amended by adding the following after subsection (5):

Extension of time limit by federal Minister

(5.1) The federal Minister may, at the request of the review panel or joint panel, 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 proposal.

Extension of time limit by Governor in Council

(5.2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (5.1) any number of times.

Excluded period

(5.3) If the review panel or joint panel requires the person or body that proposes to carry out the development 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 panel’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (5) or of its extension.

2005, c. 1, s. 89(2)

(6) Subsection 141(6) of the Act is replaced by the following:

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 may not be referred back to the panel for further consideration.

224. (1) The Act is amended by adding the following after section 142:

Cost Recovery

Obligation to pay costs

142.01 (1) For the federal Minister to recover costs incurred in the course of 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, the person or body that proposes to carry out the development shall pay to the federal Minister

(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 costs and amounts that a person or body that proposes to carry out a development must 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.

(2) The Act is amended by adding the following after section 142:

Public Register

Public register

142.1 (1) The Review Board shall maintain at its main office a register convenient for use by the public in which shall be entered the following:

(a) all documents that are produced, collected or received by the Review Board, a review panel of the Review Board, a review panel or a joint panel established jointly by the Review Board and any other person or body in relation to any environmental assessment or environmental impact review;

(b) any notice it receives under subsection 124(1) or (2); and

(2) The register shall be open to inspection by any person during the Review Board’s normal business hours, subject to the payment of any fee prescribed by the regulations.

Copies of contents of register

(3) The Review Board shall, on request and on payment of any fee prescribed by the regulations, make available copies of information contained in the register.

Internet access

(4) The register shall also be made accessible to the public via the Internet.

Categories of available information

(5) Despite any other provision of this Act, the register shall contain information only if

(a) it has otherwise been made publicly available; or

(b) in the case of a record, the Review Board

(i) determines that it would have been disclosed to the public in accordance with the Access to Information Act if a request had been made in respect of that record under that Act at the time the record came under the control of the Review Board, including any record that would be disclosed in the public interest under subsection 20(6) of that Act, or

(ii) has reasonable grounds to believe that it would be in the public interest to disclose the record because it is required for the public to participate effectively in a preliminary screening, environmental assessment or environmental impact review, other than any record whose disclosure would be prohibited under section 20 of the Access to Information Act.

Applicability of sections 27, 28 and 44 of Access to Information Act

(6) Sections 27, 28 and 44 of the Access to Information Act apply to any information described in subsection 27(1) of that Act that the Review Board intends to be included in the register with any necessary modifications, including the following:

(a) the information is deemed to be a record that the head of a government institution intends to disclose; and

(b) any reference to the person who requested access shall be disregarded.

Policy Directions

Minister’s policy directions to Review Board

142.2 (1) The federal Minister may, after consultation with the Review Board and the Tlicho Government, give written policy directions that are binding on the Review Board or its review panels with respect to the exercise of any of their functions under this Act.

Limitation

(2) Policy directions do not apply in respect of a proposal for a development that, at the time the directions are given, is before the Review Board or one of its review panels.

Conflict

(3) If there is a conflict between policy directions given under this section and the provisions of any Act of Parliament, any regulations made under an Act of Parliament or any territorial law, those provisions prevail to the extent of the conflict.

(3) The Act is amended by adding the following after section 142.2:

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

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 that certificate is issued is not commenced within those five years.

Amended development certificate

(2) An amended development certificate issued under subsection 142.21(17) expires five years after the day on which the development 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 qualified persons, or classes of qualified persons, as inspectors to exercise powers relating to verifying compliance or preventing non-compliance with this Part or orders made under section 142.29.

Powers

Authority to enter

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.

Powers on entry

(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.

Certificate

Duty to assist

(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.

Notice

(5) If an inspector considers it reasonable to do so, an inspector shall give the Gwich’in or Sahtu First Nation prior notice of entry by the inspector on its first nation lands.

Notice to Tlicho Government

(6) An inspector shall, if it is reasonable to do so, give the Tlicho Government prior notice of entry by the inspector on Tlicho lands.

Warrant for dwelling-house

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).

Authority to issue warrant

(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 spec-ified 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.

Entering private property

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.

Person accompanying inspector

(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.

Use of force

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

Orders

Measures required

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.

Notice

(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.

Measures taken by inspector

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.

Recovery of Her Majesty’s costs

Coordination

Activities — inspectors

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.

225. Subsection 142.25(5) of the Act is replaced by the following:

Notice

(5) An inspector shall, if it is reasonable to do so, give the Gwich’in or Sahtu First Nation prior notice of entry by the inspector on its first nation lands.

226. (1) Paragraph 143(1)(d) of the Act is replaced by the following:

(d) prescribing the form of the register to be maintained by the Review Board under section 142.1 and the information to be entered in it, and respecting the fees, if any, to be paid to examine the register or to obtain copies from it;

(2) Subsection 143(1) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after paragraph (g):

(h) respecting any consultation with a first nation, the Tlicho First Nation, the Tlicho Government or an aboriginal people who use an area outside the Mackenzie Valley that may occur under this Part, including the manner in which it is to be conducted, and providing for the delegation of certain procedural aspects of such consultation; and

(i) respecting the recovery of amounts and costs for the purposes of section 142.01, including prescribing anything that is to be prescribed by that section and exempting any class of person or body that proposes to carry out the development from the application of that section.

2005, c. 1, s. 90(3)

(3) Subsection 143(2) of the Act is replaced by the following:

Consultation with Review Board

(2) Regulations may only be made or amended under paragraph (1)(a), (d), (e), (f), (g), (h) or (i) or amended under paragraph (1)(b) or (c), following consultation by the federal Minister with the Review Board.

Consultation — Mackenzie Valley Land and Water Board

(2.1) In addition to the consultation referred to in subsection (2), the federal Minister shall consult the Mackenzie Valley Land and Water Board before making or amending any regulations under paragraph (1)(h) that relate to a preliminary screening by that Board.

(4) Subsection 143(3) of the Act is replaced by the following:

Exemptions

(3) No development is to be exempted for a reason set out in paragraph 124(1)(b) if it is a designated project or belongs to a class of designated projects, within the meaning of the Canadian Environmental Assessment Act, 2012, by virtue of regulations made under paragraph 84(a) of that Act.

(5) Section 143 of the Act is amended by adding the following after subsection (3):

Externally produced documents

(4) A regulation made under this Part may incorporate by reference documents that are produced by a person other than the federal Minister or a body.

Reproduced or translated material

(5) A regulation made under this Part may incorporate by reference documents that the federal Minister reproduces or translates from documents produced by a body or person other than the federal Minister

(a) with any adaptations of form and reference that will facilitate their incorporation into the regulation; or

(b) in a form that sets out only the parts of them that apply for the purposes of the regulation.

Jointly produced documents

(6) A regulation made under this Part may incorporate by reference documents that the federal Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws.

Internally produced standards

(7) A regulation made under this Part may incorporate by reference technical or explanatory documents that the federal Minister produces, including

(a) specifications, classifications, illustrations, graphs or other information of a technical nature; and

(b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.

Incorporation as amended from time to time

(8) Documents may be incorporated by reference as amended from time to time.

For greater certainty

(9) Subsections (4) to (8) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

Accessibility

(10) The federal Minister shall ensure that any document that is incorporated by reference in the regulation is accessible.

Defence

(11) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (10) or it was otherwise accessible to the person.

No registration or publication

(12) For greater certainty, a document that is incorporated by reference in the regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

2005, c. 1, s. 91

227. Subsection 144(1) of the Act is replaced by the following:

Schedule

144. (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 the Mackenzie Valley Land and Water Board, that exercises regulatory powers under 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.

228. The Act is amended by adding the following after section 144:

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 — certificates

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

229. The Act is amended by adding the following after section 144:

PART 5.1

REGIONAL STUDIES

Establishment of committee

144.1 (1) The federal Minister may establish a committee to conduct a study of the effects of existing or future physical activities carried out in a region of the Mackenzie Valley.

Mandate and appointment of members

(2) If the federal Minister establishes a committee, he or she shall establish its terms of reference and appoint as a member of the committee one or more persons.

Advice — first nations

144.2 Before establishing the committee’s terms of reference, the federal Minister shall seek and consider the advice of the territorial government, any affected first nation and, if the study affects the Tlicho First Nation, the Tlicho Government.

Participation in study

144.3 The federal Minister, if he or she considers it appropriate, may enter into an agreement or arrangement with any person or body with relevant knowledge or expertise with respect to their participation in the committee’s study.

Joint establishment of committee

144.4 If the federal Minister is of the opinion that it is appropriate to conduct a study of the effects of existing or future physical 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 joint establishment of a committee to conduct the study and the manner in which the study is to be conducted.

Elements to consider

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

Information

144.6 Subject to any other federal or territorial law, a committee may obtain, from any board established or continued 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.

Report to federal Minister

144.7 On completion of its study, the com-mittee established under subsection 144.1(1) or under an agreement or arrangement entered into under section 144.4 shall provide a report to the federal Minister, who shall make it available to the public.

Consideration of report

144.8 The Gwich’in Land Use Planning Board, the Sahtu Land Use Planning Board, the Mackenzie Valley Land and Water Board, the Mackenzie Valley Environmental Impact Review Board, its review panels, a review panel, or a joint panel established jointly by the Mackenzie Valley Environmental Impact Review Board and any other person or body, and any body conducting a preliminary screening of a proposal for a development under section 124 shall consider any report referred to in section 144.7.

Conflict of interest

144.9 (1) A member of a committee shall not participate in a study if that participation would place the member in a material conflict of interest.

Status or entitlements under agreement

(2) A member of a committee is not placed in a material conflict of interest merely because of any status or entitlement conferred on the member 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.

230. Section 149 of the Act is replaced by the following:

Information

149. Subject to any other federal or territorial law, a responsible authority or a person or body that performs an environmental audit may obtain, from any board established by or continued under 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 the performance of the functions of the responsible authority or person under this Part.

231. The Act is amended by adding the following after section 150:

PART 6.1

ADMINISTRATIVE MONETARY PENALTIES

Interpretation

Definitions

150.01 The following definitions apply in this Part.

“Board”
« Office »

“Board” has the same meaning as in section 51.

“inspector”
« inspecteur »

“inspector” means a person designated as an inspector under section 84 or 142.24.

“penalty”
« pénalité »

“penalty” means an administrative monetary penalty imposed under this Part for a violation.

“review body”
« réviseur »

“review body” means

(a) in respect of a violation relating to Part 3, the Board; and

(b) in respect of a violation relating to Part 5, the federal Minister.

Federal Minister’s Powers

Regulations

150.02 (1) The federal Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 150.03 to 150.23, 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 — or of any order, direction or decision of any specified class — made or given under this Act, or

(iii) the failure to comply with a term or condition of any licence, permit or other authorization or development certificate issued under this Act or a term or condition of a specified class of licences, permits or other authorizations;

(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;

(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 considered to be served;

(e) respecting reviews by the 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.

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.

Violations

Who may issue notices

150.03 Inspectors are authorized to issue notices of violation.

Commission of violation

150.04 (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 150.02(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations.

Purpose of penalty

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

Liability of directors, officers, etc.

150.05 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.

Proof of violation

150.06 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.

Issuance and service of notice of violation

150.07 (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.

Contents

(2) The notice of violation shall

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

(b) set out the relevant facts surrounding the violation;

(d) inform the person of their right to request a review with respect to 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.

Copy of notice of violation

(3) The inspector shall, without delay after issuing the notice of violation, provide a copy to the Board and the federal Minister.

Rules About Violations

Certain defences not available

150.08 (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.

Common law principles

Continuing violation

150.09 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.

Violation or offence

150.1 (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.

Violations not offences

(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.

Limitation period

150.11 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

Right to request review

150.12 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 amount of the penalty or the facts of the violation, or both.

Correction or cancellation of notice of violation

150.13 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.

Review

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

Witnesses

150.15 (1) When conducting a review, the Board may summon any person to appear as a witness and may order the witness to give evidence orally or in writing and produce any documents and things that the Board considers necessary for the purpose of the review.

Enforcement of summonses and orders

(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.

Procedure

(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.

Fees for witnesses

(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.

Object of review

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

Determination

(2) The review body shall render a determination in writing and cause the person who requested the review to be served with a copy of the determination, with reasons. A copy of the determination, with reasons, shall also be provided without delay to the federal Minister in the case of a violation relating to Part 3 or to the Board in the case of a violation relating to Part 5.

Correction of penalty

(3) 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.

Responsibility

(4) 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.

Determination final

(5) A determination made under this section 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.

Burden of proof

150.17 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.

Responsibility

Payment

150.18 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.

Failure to act

150.19 A person that 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 150.12 — is considered to have committed the violation and is liable to the penalty.

Recovery of Penalties

Debt to Her Majesty

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

Limitation period or prescription

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

Certificate

150.21 (1) The federal Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 150.2(1).

Registration in Federal Court

(2) Registration in other 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

Authenticity of documents

150.22 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 150.07(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

Publication

150.23 The Board may, subject to any regulations, make public the nature of a violation, the name of the person who committed it and the amount of the penalty.

232. Section 151 of the Act is repealed.

233. Sections 152 and 153 of the Act are replaced by the following:

Existing rights and interests

152. Rights to the use of land under any lease, easement or other interest in land that was granted under the Territorial Lands Act or the regulations made under that Act, or under any territorial law, and that exist on December 22, 1998, with respect to a settlement area, or on March 31, 2000, with respect to any other portion of the Mackenzie Valley, continue in effect, subject to the terms and conditions of exercising those rights.

Existing licences continued

153. Licences issued under the Northwest Territories Waters Act respecting a use of waters or deposit of waste in a settlement area that exist on December 22, 1998 — and, respecting a use of waters or deposit of waste in another portion of the Mackenzie Valley, that exist on March 31, 2000 — continue in effect and are deemed to be licences within the meaning of Part 3.

234. Sections 154 to 156 of the Act are repealed.

235. Subsection 157(2) of the Act is repealed.

236. Sections 158 and 159 of the Act are repealed.

237. The schedule to the Act is amended by adding the following in alphabetical order:

Canadian Nuclear Safety Commission

Commission canadienne de sûreté nucléaire

Consequential Amendments

R.S., c. A-1

Access to Information Act

1998, c. 25, s. 160(1)

238. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Gwich’in Land and Water Board

Office gwich’in des terres et des eaux

Sahtu Land and Water Board

Office des terres et des eaux du Sahtu

R.S., c. P-21

Privacy Act

1998, c. 25, s. 167(1)

239. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Gwich’in Land and Water Board

Office gwich’in des terres et des eaux

Sahtu Land and Water Board

Office des terres et des eaux du Sahtu

2005, c. 1

Tlicho Land Claims and Self-Government Act

240. Section 95 of the Tlicho Land Claims and Self-Government Act is repealed.

Transitional Provisions

Definitions

241. The following definitions apply in this section and in sections 242 to 252.

“other Act”
« autre loi »

“other Act” means the Mackenzie Valley Resource Management Act.

“regional panels”
« formations régionales »

“regional panels” means the Gwich’in Land and Water Board, the Sahtu Land and Water Board and the Wekeezhii Land and Water Board that are continued as regional panels of the Mackenzie Valley Land and Water Board by subsections 99(2) and (2.1) of the other Act, as those subsections read immediately before the day on which section 193 comes into force.

Licences, permits and authorizations continued

242. (1) All licences, permits and other authorizations that are issued under Parts 3 and 4 of the other Act as those Parts read immediately before the day on which section 136 comes into force, are continued as licences, permits and other authorizations under Part 3 of the other Act, as that Part reads on that day, including any terms and conditions attached to them.

For greater certainty

(2) For greater certainty, the Mackenzie Valley Land and Water Board may exercise all its powers and perform all its duties and functions under Part 3 of the other Act, as that Part reads on the day on which section 136 comes into force, with respect to the licences, permits or other authorizations that are continued by subsection (1).

For greater certainty — regional panels

243. For greater certainty, the Mackenzie Valley Land and Water Board is, on the day on which section 136 comes into force, seized of any application that a regional panel had been seized of immediately before that day.

For greater certainty — employees

244. (1) For greater certainty, persons that were said to be employed, and agents, advisers and experts that were said to be engaged, by the regional panels before the day on which section 136 comes into force are, on the day on which that section comes into force, employed and engaged by the Mackenzie Valley Land and Water Board.

For greater certainty — rights and property

(2) For greater certainty, all rights and property that were said to be held by or in the name of the regional panels before the day on which section 136 comes into force are, on the day on which that section comes into force, the rights and property of the Mackenzie Valley Land and Water Board.

Members ceasing to hold office

245. The members of the Mackenzie Valley Land and Water Board, including members of the regional panels, who held office immediately before the day on which section 136 comes into force cease to hold office on that day, but are eligible to be appointed to the Board in accordance with section 11 or 12, as the case may be, and subsection 54(2) of the other Act, as those provisions read on that day.

Deemed members

246. (1) Despite section 245, a member of the Mackenzie Valley Land and Water Board, including a member of a regional panel, who is not re-appointed as of the day on which section 136 comes into force is deemed to continue as a member of the Board until a final decision is made in respect of an application, or until the applicant withdraws an application, that is pending before the Board or the regional panel if, before the day on which section 136 comes into force, that member had been designated to dispose of that application and

(a) that member has considered all the evidence produced in relation to it; or

(b) a notice of hearing has been published in relation to it.

Limitation of powers, functions and duties

(2) A deemed member may exercise only the powers, and perform only the functions and duties, of a member that are necessary to dispose of the application in relation to which they are designated.

Designation

(3) The members and deemed members of the Mackenzie Valley Land and Water Board who, immediately before the day on which section 136 comes into force, are designated to dispose of an application that is pending are deemed, as of that day, to be designated under section 56 of the other Act, as that section reads on that day, to dispose of that application.

Designation

247. Any person who, immediately before the day on which section 177 comes into force, is designated as an inspector or analyst under subsection 35(1) of the Northwest Territories Waters Act, is deemed, as of that day, to be designated as an inspector or analyst under section 84(1) or (2), respectively, of the other Act, as that subsection reads on that day.

Remedial measures

248. Any direction that was given by an inspector under subsection 37(1) of the Northwest Territories Waters Act immediately before the day on which section 177 comes into force, and that is in respect of lands in the Mackenzie Valley that are in a federal area as defined in section 51 of the other Act as that section reads on that day, is deemed on that day to be an order made under subsection 86.1(1) of the other Act, as that subsection reads on that day.

Reservation of lands from disposition

249. (1) Any order that was made by the Governor in Council under subsection 34(1) of the Northwest Territories Waters Act, before the day on which section 185 comes into force, and that is in respect of interests in lands in the Mackenzie Valley that are in a federal area as defined in section 51 of the other Act as it reads on that day, is deemed, on that day, to be an order made under subsection 91.1(1) of the other Act, as enacted by that section 185.

Reservation of water rights

(2) Any order that was made by the Governor in Council under subsection 34(2) of the Northwest Territories Waters Act, before the day on which section 185 comes into force, and that was in respect of lands in the Mackenzie Valley that are in a federal area, as defined in section 51 of the other Act as it reads on that day, is deemed, on that day, to be an order made under subsection 91.1(2) of the other Act, as enacted by that section 185.

Time limits

250. Any time limit that is applicable — on the day on which section 206 comes into force — to the exercise of a power or the performance of a duty or function, under Part 5 of the other Act, as it reads on that day, in relation to a proposal for a development, as defined in section 111 of the other Act, that was being undertaken immediately before the day on which that section 206 comes into force, is counted from that day.

Ongoing proposals for development

251. Part 5 of the other Act, as it read immediately before the day on which section 211 comes into force, continues to apply to a proposal for development, as defined in section 111 of the other Act, that, immediately before that day, was being considered by any of the following:

(a) a designated regulatory agency, as defined in that section 111, for the purposes of sections 131 and 137 of the other Act, as those sections 131 and 137 read immediately before that day;

(b) the Tlicho Government, as defined in section 2 of the other Act, for the purposes of sections 131.1 and 137.1 of the other Act, as those sections 131.1 and 137.1 read immediately before that day;

(d) the Mackenzie Valley Environmental Impact Review Board or one of its panels; or

(e) a joint panel established under subsection 140(2), paragraph 141(2)(b) or (3)(a) of the other Act or a review panel referred to in subsection 41(2) of the Canadian Environmental Assessment Act, 2012.

Northwest Territories Waters Regulations

252. The provisions of the Northwest Territories Waters Regulations, that are made under the Northwest Territories Waters Act, chapter 39 of the Statutes of Canada, 1992, that are in force immediately before the day on which section 182 comes into force, are deemed, as of that day, to have been made under the other Act and shall remain in force, to the extent that they are not inconsistent with the other Act, as it reads on that day, until they are repealed or replaced.

Coming into Force

Order in council

253. (1) Sections 113, 116, 125 and 126, subsection 128(3), section 130, subsections 132(2) and (4) and 135(1), sections 139 and 140, subsections 141(1) and 142(2), sections 145 and 163, subsections 173(2), 174(1) and 175(3), sections 177, 182 and 185, subsection 187(2), sections 188 and 189, subsection 190(2), sections 192 and 194 to 198 and subsection 213(1) come into force on a day to be fixed by order of the Governor in Council.

Order in council

(2) Section 112, subsection 115(2), sections 118 to 122 and 127, subsections 128(2) and (4) and 132(1) and (3), sections 133 and 134, subsection 135(2), sections 136 and 137, subsection 142(1), sections 143, 144, 146 to 162 and 164 to 172, subsections 174(2) and 175(2), sections 176, 179 to 181, 183, 184, 186, 191, 193 and 200, subsections 204(2), 224(1) and 226(2), (3) and (5), sections 227, 229, 230 and 238 to 240 come into force on a day to be fixed by order of the Governor in Council that is made not earlier than one day after the day on which an order is made under subsection (1).

Order in council

(3) Section 117, subsections 141(2) and 199(2), section 203, subsection 204(1), sections 205 and 207, subsections 208(5) and 209(2), sections 210 and 211, subsections 214(1) and (4) and 215(2), sections 216 and 218, subsections 219(3), 222(4), 223(6) and 224(3) and sections 228 and 231 come into force on a day to be fixed by order of the Governor in Council that is made not earlier than one day after the day on which an order is made under subsection (2).

Order in council

(4) Sections 178 and 225 come into force on a day to be fixed by order of the Governor in Council that is made not earlier than one day after the day on which an order is made under subsection (3).

Published under authority of the Speaker of the House of Commons

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NORTHWEST TERRITORIES ACT