Bill C-15

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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

(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.

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: