Mackenzie Valley Resource Management Act (S.C. 1998, c. 25)

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note:Regulations respecting cost recovery

90.31 The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the boards, make regulations respecting the recovery of amounts and costs for the purposes of section 79.4, including prescribing the amounts and services for the purposes of that section and exempting any class of applicants or licensees from the application of that section.

Marginal note:Regulations respecting consultation

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

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Incorporation as amended from time to time

  (5) Documents may be incorporated by reference as amended from time to time.

• Marginal note: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.

• Marginal note:Accessibility

  (7) The federal Minister shall ensure that any document that is incorporated by reference in the regulation is accessible.

• Marginal note: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.

• Marginal note: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.

Marginal note:Rules

91 A board may make rules

• (a) specifying the period of time within which compensation agreements referred to in sections 77 and 78 must be entered into; and

• (b) respecting the determination of matters in dispute under section 80 or 80.1.

Orders

Marginal note:Reservation of lands from disposition

• 91.1 (1) The Governor in Council may, by order, reserve from disposition under any enactment relating to the disposition of any lands in a federal area, for a specified period or otherwise, all or any interests in such lands if the interests are, in the opinion of the Governor in Council, required

  • (a) for the protection of any waters; or

  • (b) in connection with any undertaking the development or operation of which is, in the opinion of the Governor in Council, in the public interest and that would require the use of those interests in lands and of waters adjacent to those lands.

• Marginal note:Reservation of water rights

  (2) The Governor in Council may, by order and for a specified period or otherwise, direct a board not to issue any licence in respect of a federal area relating to any waters specified in the order, or prohibit a use of waters or a deposit of waste that would otherwise be permitted under regulations made under paragraph 90.3(1)(m) or (n), as the case may be,

  • (a) to enable comprehensive evaluation and planning to be carried out with respect to those waters; or

  • (b) if the use and flow of those waters, or the maintenance of the quality of those waters, is required in connection with a particular undertaking whose development is, in the opinion of the Governor in Council, in the public interest.

• Marginal note:Effect of contravention of order

  (3) A disposition of all or any interests in any lands in a federal area in contravention of an order made under subsection (1), and a licence issued in contravention of an order made under subsection (2), is of no force or effect.

Offences and Punishment

Marginal note:Principal offences — land use

• 92 (1) Every person who contravenes section 90.1, any provision of regulations made under section 90, any condition of a permit or an order of an inspector under subsection 86(1) or (2) is guilty of an offence and is liable on summary conviction

  • (a) for a first offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months, or to both; and

  • (b) for a second or subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

• Marginal note:Reparation

  (2) In addition to the penalty provided by subsection (1), a court that convicts a person of using land without a permit may, taking into account the nature of the offence and the circumstances of its commission, order the person to take any measures that it considers reasonable in order to repair or limit any damage resulting from the act or omission that constituted the offence.

• (3) [Repealed, 2014, c. 2, s. 187]

• Marginal note:Contravening orders

  (4) Every person who contravenes subsection 87(1), (2) or (3), in relation to the use of land, is guilty of an offence and is liable on summary conviction

  • (a) for a first offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months, or to both; and

  • (b) for a second or subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.