R.S., c. P-21
Privacy Act2013, c. 14, s. 19
26. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:Northwest Territories Surface Rights BoardOffice des droits de surface des Territoires du Nord-OuestNorthwest Territories Water BoardOffice des eaux des Territoires du Nord-OuestR.S., c. S-22
Statutory Instruments Act2002, c. 7, s. 236
27. Subparagraph (b)(iv) of the definition “statutory instrument” in subsection 2(1) of the Statutory Instruments Act is replaced by the following:(iv) a law made by the Legislature of Yukon, of the Northwest Territories or for Nunavut, a rule made by the Legislative Assembly of Yukon under section 16 of the Yukon Act, of the Northwest Territories under section 16 of the Northwest Territories Act or of Nunavut under section 21 of the Nunavut Act or any instrument issued, made or established under any such law or rule.R.S., c. S-23
Canada Student Loans Act2002, c. 7, s. 113
28. Subsection 2(2) of the Canada Student Loans Act is replaced by the following:Territories
(2) In its application to Yukon, the Northwest Territories and Nunavut, the expression “lieutenant governor in council” in this Act means the Commissioner of Yukon, the Northwest Territories or Nunavut, acting after consultation with the Legislative Assembly of Yukon, the Northwest Territories or Nunavut, as the case may be.R.S., c. T-7
Territorial Lands Act2002, c. 7, s. 240
29. Subsection 3(2) of the Territorial Lands Act is replaced by the following:Nunavut
(2) Sections 9 and 12 to 16 and paragraph 23(k) apply to territorial lands under the administration and control of the Commissioner of Nunavut.2002, c. 7, s. 242
30. Section 6 of the Act is replaced by the following:Consultation
6. The Governor in Council may exercise the powers mentioned in sections 4 and 5 only after consultation with the Legislative Assembly of the Northwest Territories or Nunavut, as the case may be, or — if it considers that consultation to be impracticable — after consultation with each of the members of the relevant Legislative Assembly with whom consultation can be effected.2002, c. 7, s. 243(1)
31. (1) Subsection 9(1) of the Act is replaced by the following:Interpretation
9. (1) In this section, the expressions “certif-icate of title” and “registrar” have the meanings assigned by any law of the Legislature of the Northwest Territories or for Nunavut, as the case may be, in respect of title to real property.2002, c. 7, s. 243(2)
(2) Paragraph 9(3)(b) of the Act is replaced by the following:(b) in the case of territorial lands described in subsection 3(2), by the Commissioner of Nunavut.R.S., c. W-4
Dominion Water Power Act2002, c. 7, s. 161
32. The definitions “Dominion water-powers” and “public lands” in section 2 of the Dominion Water Power Act are replaced by the following:“Dominion water-powers”
« forces hydrauliques du Canada »
“Dominion water-powers” means any water-powers on public lands, or any other water-powers that are the property of Canada and have been or may be placed under the administration of the Minister, but does not include water-powers on lands under the administration and control of the Commissioner of Yukon or the Northwest Territories;“public lands”
« terres domaniales »
“public lands” means lands belonging to Her Majesty in right of Canada and includes lands of which the Government of Canada has power to dispose but does not include lands under the administration and control of the Commissioner of Yukon or the Northwest Territories;R.S., c. 3 (2nd Supp.)
Divorce Act33. Paragraph (b) of the definition “Attorney General” in subsection 18(1) of the Divorce Act is replaced by the following:(b) for the Northwest Territories, the member of the Executive Council of the Northwest Territories designated by the Commissioner of the Northwest Territories,1997, c. 1, s. 9
34. Paragraph 20.1(1)(d) of the Act is replaced by the following:(d) any member of the Legislative Assembly of the Northwest Territories, or any agency in the Northwest Territories, designated by the Commissioner of the Northwest Territories; orR.S., c. 36 (2nd Supp.)
Canada Petroleum Resources Act1996, c. 31, s. 58; 1998, c. 15, par. 49(a)
35. (1) Paragraphs (a) and (b) of the definition “frontier lands” in section 2 of the Canada Petroleum Resources Act are replaced by the following:(a) that part of the onshore that is under the administration of a federal minister,(b) Nunavut,(c) Sable Island,(d) the submarine areas in that part — of the internal waters of Canada or the territorial sea of Canada — that is not situated(i) in a province other than the Northwest Territories, or(ii) in that part of the onshore that is not under the administration of a federal minister, or(e) the continental shelf of Canada,(2) Section 2 of the Act is amended by adding the following in alphabetical order:“onshore”
« région intracôtière »
“onshore” has the same meaning as in section 2 of the Northwest Territories Act;36. Section 101 of the Act is amended by adding the following after subsection (6):Disclosure —governments and agencies
(6.1) The National Energy Board may disclose any information or documentation that it obtains under this Act or the Canada Oil and Gas Operations Act — to officials of the Government of Canada, the government of a province or a foreign government or to the representatives of any of their agencies — for the purposes of a federal, provincial or foreign law, as the case may be, that deals primarily with a petroleum-related work or activity, including the exploration for and the management, administration and exploitation of petroleum resources, if(a) the government or agency undertakes to keep the information or documentation confidential and not to disclose it without the Board’s written consent;(b) the information or documentation is disclosed in accordance with any conditions agreed to by the Board and the government or agency; and(c) in the case of disclosure to a foreign government or agency, the Minister consents in writing.Disclosure —Minister
(6.2) The National Energy Board may disclose to the Minister the information or documentation that it has disclosed or intends to disclose under subsection (6.1), but the Minister is not to further disclose that information or documentation unless the Board consents in writing to that disclosure or the Minister is required by an Act of Parliament to disclose that information or documentation.Consent
(6.3) For the purposes of paragraph (6.1)(a) and subsection (6.2), the National Energy Board may consent to the further disclosure of information or documentation only if the Board itself is authorized under this section to disclose it.37. The Act is amended by adding the following after section 117.1:Northwest Territories
117.2 (1) An interest in respect of lands that straddle the onshore and the offshore — that is in effect on the coming into force of this section — is divided into two interests: one in respect of the portion of those lands that is situated in the onshore and one in respect of the portion that is situated in the offshore. Only the offshore interest is to be under the administration of a federal minister.Assignment of new numbers
(2) The Registrar referred to in subsection 87(2) may assign new numbers to the interests resulting from the division of the interest.Interpretation
(3) The division of the interest and assignment of new numbers is to be construed as a continuation of the interest and not as the issuance of new interests.Definition of “offshore”
(4) In this section, “offshore” has the same meaning as in section 48.01 of the Canada Oil and Gas Operations Act.R.S., c. 24 (4th Supp.)
Canadian Multiculturalism Act2002, c. 7, s. 129
38. Paragraph (c) of the definition “federal institution” in section 2 of the Canadian Multiculturalism Act is replaced by the following:(c) any institution of the Legislative Assembly or government of Yukon, the Northwest Territories or Nunavut, as the case may be, orR.S., c. 31 (4th Supp.)
Official Languages Act2002, c. 7, s. 224
39. Paragraph (i) of the definition “federal institution” in subsection 3(1) of the Official Languages Act is replaced by the following:(i) any institution of the Legislative Assembly or government of Yukon, the Northwest Territories or Nunavut, or2002, c. 7, s. 225
40. Paragraph 7(3)(a) of the Act is replaced by the following:(a) a law made by the Legislature of Yukon, of the Northwest Territories or for Nunavut, or any instrument made under any such law, or1990, c. 41
Hibernia Development Project Act2002, c. 7, s. 178
41. The definition “federal laws” in subsection 2(1) of the Hibernia Development Project Act is replaced by the following:“federal laws”
« lois fédérales »
“federal laws” includes Acts of Parliament, regulations as defined in section 2 of the Interpretation Act and any other rules of law within the jurisdiction of Parliament, and any provision of those Acts, regulations or rules of law, but does not include laws of the Legislature of Yukon, of the Northwest Territories or for Nunavut;1991, c. 50; 2001, c. 4, s. 10
Federal Real Property and Federal Immovables Act2002, c. 7, s. 171
42. Section 17 of the Federal Real Property and Federal Immovables Act is replaced by the following:Territorial lands
17. (1) Despite section 3 of the Territorial Lands Act, sections 13 to 16 and 19 of that Act apply in respect of all federal real property in Nunavut.Yukon and Northwest Territories
(1.1) Sections 13 to 16 and 19 of the Territorial Lands Act apply in respect of federal real property in Yukon or the Northwest Territories that is under the administration of a minister or an agent corporation.Administration — Minister of Indian Affairs and Northern Development
(2) If any federal real property in Nunavut or any federal real property that is described in subsection (1.1) is granted in fee simple under this Act, the Minister of Indian Affairs and Northern Development has the administration of any property and rights that are reserved from the grant by virtue of subsection (1) or (1.1).Administration— interest other than fee simple
(3) If an interest — other than the fee simple in that federal real property — that is under the administration of a minister is granted under this Act, that minister retains the administration of the property and rights that are reserved from the grant by virtue of subsection (1) or (1.1).1993, c. 28
Nunavut Act1998, c. 15, s. 16
43. Section 76.05 of the Nunavut Act and the heading before it are repealed.1993, c. 41
Land Titles Repeal Act2002, c. 7, s. 198
44. Subsection 4(1) of the Land Titles Repeal Act is replaced by the following:Restriction
4. (1) Despite any other Act of Parliament, the Legislature of Yukon or of the Northwest Territories is, without the approval of the Governor in Council, not to repeal, amend or otherwise render inoperable any provision described in paragraph 3(2)(c).2002, c. 7, s. 199
45. Subsection 5(1) of the Act is replaced by the following:Certificate as evidence against Her Majesty
5. (1) Subject to subsection (2), a law of the Legislature of Yukon, of the Northwest Territories or for Nunavut may provide that a certificate of title granted under it is conclusive evidence in all courts as against Her Majesty, subject to the same exceptions that were contained in the Land Titles Act as it read immediately before it was repealed in respect of the Territory.1996, c. 31
Oceans Act2002, c. 7, s. 223
46. The definition “federal laws” in section 2 of the Oceans Act is replaced by the following:“federal laws”
« droit »
“federal laws” includes Acts of Parliament, regulations as defined in subsection 2(1) of the Interpretation Act and any other rules of law within the jurisdiction of Parliament, but does not include laws of the Legislature of Yukon, of the Northwest Territories or for Nunavut;1999, c. 33
Canadian Environmental Protection Act, 19992002, c. 7, s. 125
47. Subsection 207(1.1) of the Canadian Environmental Protection Act, 1999 is replaced by the following:Territories
(1.1) This Part does not apply to(a) public real property that is under the administration and control of the Commissioner of Yukon under the Yukon Act; or(b) public lands that are under the administration and control of the Commissioner of the Northwest Territories under the Northwest Territories Act.2000, c. 9
Canada Elections Act2002, c. 7, s. 91
48. Paragraph 22(3)(c) of the Canada Elections Act is replaced by the following:(c) a member of the legislative assembly of a province;2002, c. 7, s. 92
49. Paragraph 65(c) of the Act is replaced by the following:(c) a member of the legislative assembly of a province;2000, c. 32
Canada National Parks Act2009, c. 17, s. 7(1)
50. Subsection 41.1(4) of the Canada National Parks Act is replaced by the following:Water licences
(4) The Minister may issue, amend, renew, suspend or cancel — or approve the assignment of — licences for the use of waters in the expansion area for the purposes of the mining access roads referred to in subsection (2) and, in relation to such licences, subsections 31(3) and 72.03(1), (6) and (7), sections 72.04, 72.1, 72.11, 72.13 and 72.15, subsections 85(1) and (2) and sections 85.1 to 85.3, 86.1 to 87, 89 and 93.2 of the Mackenzie Valley Resource Management Act, the regulations made under that Act and, until they are amended or repealed, the Northwest Territories Waters Regulations apply, with any adaptations that may be necessary, as if the references in those provisions to the federal Minister or the Board were references to the Minister responsible for the Parks Canada Agency and the references in those provisions to an inspector were references to the superintendent of the Park Reserve, a park warden or an enforcement officer designated for the purposes of this subsection.2009, c. 17, s. 8
51. The portion of the paragraph beginning with “Saving and Excepting” in Part II of the description of “NAHANNI NATIONAL PARK RESERVE OF CANADA” in Schedule 2 to the Act is replaced by the following:Saving and Excepting thereout and therefrom, all those lands within Part I, those within the area of Lot 2, Group 859 as shown on Plan 62730MC recorded in the Canada Lands Surveys Records at Ottawa and those described as the Prairie Creek Area being described as follows:2002, c. 1
Youth Criminal Justice Act2002, c. 7, s. 274
52. The definition “offence” in subsection 2(1) of the Youth Criminal Justice Act is replaced by the following:“offence”
« infraction »
“offence” means an offence created by an Act of Parliament or by any regulation, rule, order, by-law or ordinance made under an Act of Parliament other than a law of the Legislature of Yukon, of the Northwest Territories or for Nunavut.2002, c. 10
Nunavut Waters and Nunavut Surface Rights Tribunal Act53. (1) Subparagraph 60(1)(a)(ii) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act is replaced by the following:(ii) held a licence that was issued under this Act, the Mackenzie Valley Resource Management Act or a law of the Legislature of the Northwest Territories to deposit waste in the Northwest Territories or in Nunavut,(2) Subparagraph 60(1)(a)(iv) of the Act is replaced by the following:(iv) was — as authorized by regulations made under this Act or a law of the Legislature of the Northwest Territories— using waters or depositing waste in the Northwest Territories or in Nunavut without a licence that was issued under this Act, the Mackenzie Valley Resource Management Act or a law of the Legislature of the Northwest Territories,2003, c. 22, s. 2
Public Service Labour Relations Act2003, c. 22, s. 273
54. Subsection 18(2) of the Public Service Labour Relations Act is replaced by the following:Exception
(2) Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Legislature of Yukon, of the Northwest Territories or for Nunavut with powers and functions similar to those of the Board.2003, c. 22, ss. 12 and 13
Public Service Employment Act2003, c. 22, s. 272
55. The definition “territorial election” in subsection 111(1) of the Public Service Employment Act is replaced by the following:“territorial election”
« élection territoriale »
“territorial election” means an election to the Legislative Assembly of Yukon, the Northwest Territories or Nunavut.2005, c. 1
Tlicho Land Claims and Self-Government Act56. Subsection 5(1) of the Tlicho Land Claims and Self-Government Act is replaced by the following:Conflict with Agreement or this Act
5. (1) In the event of an inconsistency or conflict between the Agreement or this Act, or any regulations made under this Act, and the provisions of any other Act of Parliament, any law of the Legislature of the Northwest Territories, any regulations made under any of those other Acts or laws, or any Tlicho law, then the Agreement or this Act, or regulations made under this Act, as the case may be, prevail to the extent of the inconsistency or conflict.57. Paragraph 14(1)(b) of the Act is replaced by the following:(b) the validity or applicability of this Act, the law of the Legislature of the Northwest Territories entitled the Tlicho Land Claims and Self-Government Agreement Act or any Tlicho law,C.R.C., c. 1239
Amendments to the Oaths of Allegiance and Office and Seat of Government Order (N.W.T.)58. The long title of the Oaths of Allegiance and Office and Seat of Government Order (N.W.T.) is replaced by the following:Order prescribing oaths of allegiance and office59. Section 1 of the Order is replaced by the following:1. This Order may be cited as the Oaths of Allegiance and Office Order (N.W.T.).60. Section 2 of the Order is replaced by the following:2. The oath of allegiance prescribed by the Oaths of Allegiance Act is the oath of allegiance to be taken and subscribed by the Commissioner of the Northwest Territories.61. Section 4 of the Order is repealed.62. Section 6 of the Order and the heading before it are repealed.63. Schedule II to the Order is repealed.Coordinating Amendments2013, c. 14
64. (1) In this section, “other Act” means the Northern Jobs and Growth Act.
(2) If section 18 of the other Act comes into force before section 22 of this Act, then that section 22 is replaced by the following:22. (1) Paragraph 5.01(2)(a.1) of the Act is replaced by the following:(a.1) in the case of land in the Northwest Territories, an order made by a territorial tribunal that is competent to resolve matters in dispute relating to access to the surface of lands; and(2) Subsection 5.01(3) of the Act is replaced by the following:Exception
(3) Subsections (1) and (2) do not apply to Inuit-owned land as defined in subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act.(3) If section 22 of this Act comes into force before section 18 of the other Act, then that section 18 is repealed.(4) If section 18 of the other Act comes into force on the same day as section 22 of this Act, then that section 22 is deemed to have come into force before that section 18 and subsection (3) applies as a consequence.RepealsActsRepeal
65. The Northwest Territories Act, chapter N-27 of the Revised Statutes of Canada, is repealed.Repeal
66. The Northwest Territories Waters Act, chapter 39 of the Statutes of Canada, 1992, is repealed.Repeal
67. The Northwest Territories Surface Rights Board Act, chapter 14, section 11, of the Statutes of Canada, 2013, is repealed.Orders and RegulationsRepeal of C.R.C., 1236
68. The order entitled Game Declared in Danger of Becoming Extinct is repealed.Repeal of C.R.C., 1238
69. The Northwest Territories Reindeer Regulations is repealed.Repeal of Order in Council P.C. 1987-7/466 of March 12, 1987
70. The Management of Forests in the Northwest Territories Designation Order is repealed.Repeal of Order in Council P.C. 1987-8/466 of March 12, 1987
71. The Fire Management in the Northwest Territories Designation Order is repealed.Repeal of SOR/2001-219
72. The Northwest Territories Archaeological Sites Regulations is repealed.Coming into ForceOrder in council
73. (1) This Part, other than sections 47 and 64, comes into force on a day to be fixed by order of the Governor in Council.Section 47
(2) Section 47 comes into force on a day to be fixed by order of the Governor in Council, on the recommendation of the Minister of the Environment.PART 2R.S., c. T-7
AMENDMENTS TO THE TERRITORIAL LANDS ACT74. Section 2 of the Territorial Lands Act is amended by adding the following in alphabetical order:“penalty”
« pénalité »
“penalty” means an administrative monetary penalty imposed under this Act for a violation;75. Section 7 of the Act is replaced by the following:Principal offences
7. (1) Every person is guilty of an offence who(a) contravenes any regulation made under section 5; or(b) fails to comply with any term or condition of a permit issued under such a regulation.Punishment
(1.1) Every person who commits an offence under subsection (1) is liable on summary conviction,(a) for a first offence, to a fine not exceeding $100,000; and(b) for a second or subsequent offence, to a fine not exceeding $200,000.Continuing offences
(2) An offence under subsection (1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.76. Section 21 of the Act is replaced by the following:Offences and punishment — trespassing
21. (1) A person who remains on territorial lands, returns to them or assumes any possession or occupancy of them after having been ordered to vacate them under section 20 or after having been removed from them under that section is guilty of an offence and liable on summary conviction(a) for a first offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months, or to both; and(b) for a second or subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.Continuing offences
(2) An offence under subsection (1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.77. The Act is amended by adding the following after section 30:Deeming — subsequent offences
31. (1) For the purposes of subsections 7(1.1) and 21(1), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under any Act of Parliament — or any Act of the legislature of a province — that relates to environmental or wildlife conservation or protection.Application
(2) Subsection (1) applies only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under any Act of the legislature of a province.ADMINISTRATION AND ENFORCEMENTDesignation
32. (1) The Minister may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of this Act.Certificate of designation
(2) An enforcement officer is to receive a certificate attesting to their designation and must, on request, present the certificate to any person appearing to be in charge of any place that the enforcement officer enters under subsection 33(1).Authority to enter
33. (1) An enforcement officer may, for a purpose related to verifying compliance with this Act, enter any place in which the enforcement officer has reasonable grounds to believe there is any document, information or other thing to which this Act applies.Powers on entry
(2) The enforcement officer may, for that purpose,(a) examine any document, information or other thing that is in the place and open or cause to be opened any container or other thing;(b) test or cause to be tested anything that is in the place;(c) take samples of anything that is in the place;(d) use, or cause to be used, any computer system in the place to examine any information contained in or available to the system;(e) reproduce, or cause to be reproduced, any information in the form of a printout, or other intelligible output, and remove the printout, or other output, for examination or copying;(f) use, or cause to be used, any copying equipment or means of telecommunication at the place;(g) take photographs and make recordings or sketches;(h) order the owner or person in charge of the place or any person at the place to establish their identity to the enforcement officer’s satisfaction or to stop or start an activity;(i) order the owner or person having possession, care or control of anything that is in the place to not move it, or to restrict its movement, for as long as, in the enforcement officer’s opinion, is necessary;(j) direct any person to put any machinery, vehicle or equipment that is in the place into operation or to cease operating it; and(k) prohibit or limit access to all or part of the place.Duty to assist
(3) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the enforcement officer to perform their functions under this section and must provide any documents or information, and access to any data, that are reasonably required for that purpose.Enforcement officer may be accompanied
(4) The enforcement officer may be accompanied by any other person that they believe is necessary to help them perform their functions under this section.Dwelling-place
(5) An enforcement officer must not enter any place designed to be used and being used as a permanent or temporary private dwelling-place.Private property
34. An enforcement officer and any person accompanying them may enter private property, other than a dwelling-place, and pass through it in order to gain entry to any place referred to in subsection 33(1).False or misleading information
35. (1) A person must not knowingly make a false or misleading statement or provide false or misleading information, in connection with any matter under this Act, to an enforcement officer who is performing their functions under section 33.Obstruction or hindrance
(2) A person must not obstruct or hinder an enforcement officer who is performing their functions under section 33.ADMINISTRATIVE MONETARY PENALTIESRegulationsRegulations
36. (1) The Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 37 to 55, including regulations(a) designating as a violation that may be proceeded with in accordance with this Act(i) the contravention of any specified provision of this Act or of its regulations,(ii) the contravention of any order, direction or decision — or of any order, direction or decision of a specified class — made under this Act, or(iii) the failure to comply with a term or condition of any permit or licence — or of any permit or licence of a specified class — issued under this Act;(b) respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation;(c) establishing the form and content of notices of violations;(d) respecting the service of documents required or authorized under this Act, including the manner and proof of service and the circumstances under which documents are considered to be served; and(e) respecting reviews by the Minister in respect of a notice of violation.Maximum amount of penalty
(2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for each violation must not be more than $25,000, in the case of an individual, and $100,000 in the case of any other person.ViolationsWho may issue notices
37. Persons who are designated as enforcement officers under section 32 are authorized to issue notices of violation.Commission of violation
38. (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 36(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations.Purpose of penalty
(2) The purpose of the penalty is to promote compliance with this Act and not to punish.Liability of directors, officers, etc.
39. If a corporation commits a violation, any director, officer or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty in the amount that is determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act.Proof of violation
40. In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent of the person, whether or not the employee or agent is identified or proceeded against in accordance with this Act.Issuance and service of notice of violation
41. (1) If an enforcement officer believes on reasonable grounds that a person has committed a violation, the enforcement officer may issue a notice of violation and cause it to be served on the person.Contents
(2) The notice of violation must(a) name the person that is believed to have committed the violation;(b) set out the relevant facts surrounding the violation;(c) set out the amount of the penalty;(d) inform the person of their right to request a review with respect to the violation or the amount of the penalty, and of the period within which that right must be exercised;(e) inform the person of the time and manner of paying the penalty; and(f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they are considered to have committed the violation and are liable to the penalty.Rules About ViolationsCertain defences not available
42. (1) A person named in a notice of violation does not have a defence by reason that the person(a) exercised due diligence to prevent the commission of the violation; or(b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.Common law principles
(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.Continuing violation
43. A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.Violation or offence
44. (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act.Violations not offences
(2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.Limitation period
45. No notice of violation is to be issued more than two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged violation.ReviewsRight to request review
46. A person who is served with a notice of violation may — within 30 days after the day on which it is served or within any longer period that is prescribed by the regulations — make a request to the Minister for a review of the amount of the penalty or the facts of the violation, or both.Correction or cancellation of notice of violation
47. At any time before a request for a review in respect of a notice of violation is received by the Minister, an enforcement officer may cancel the notice of violation or correct an error in it.Review
48. On receipt of a request for a review in respect of a notice of violation, the Minister shall conduct the review.Object of review
49. (1) The Minister shall determine, as the case may be, whether the amount of the penalty was determined in accordance with the regulations or whether the person committed the violation, or both.Determination
(2) The Minister shall render a determination in writing and cause the person who requested the review to be served with a copy of the determination and the reasons for it.Correction of penalty
(3) If the Minister determines that the amount of the penalty was not determined in accordance with the regulations, the Minister shall correct it.Responsibility
(4) If the Minister determines that the person who requested the review committed the violation, that person is liable to the penalty as set out in the determination.Determination final
(5) A determination made under this section is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.Burden of proof
50. If the facts of a violation are reviewed, the enforcement officer who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it.ResponsibilityPayment
51. If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.Failure to act
52. A person that neither pays the penalty within the period set out in the notice of violation — nor requests a review within the period referred to in section 46 — is considered to have committed the violation and is liable to the penalty.Recovery of PenaltiesDebts to Her Majesty
53. (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.Limitation period
(2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable.Certificate
54. (1) The Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 53(1).Registration
(2) Registration in any court of competent jurisdiction of a certificate of non-payment has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.GeneralAuthenticity of documents
55. In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 41(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.PART 31992, c. 39
NORTHWEST TERRITORIES WATERS ACTAmendments to the Act78. (1) The definition “licensee” in section 2 of the English version of the Northwest Territories Waters Act is repealed.(2) The definition “Board” in section 2 of the Act is replaced by the following:“Board”
« Office »
“Board” means the Inuvialuit Water Board established by section 10;
(3) Section 2 of the Act is amended by adding the following in alphabetical order:“Gwich’in First Nation”
« première nation des Gwichins »
“Gwich’in First Nation” has the same meaning as in section 2 of the Mackenzie Valley Resource Management Act;“Inuvialuit Final Agreement”
« Convention définitive des Inuvialuits »
“Inuvialuit Final Agreement” means the Agreement as defined in section 2 of the Western Arctic (Inuvialuit) Claims Settlement Act;“Inuvialuit Regional Corporation”
« Société régionale inuvaluite »
“Inuvialuit Regional Corporation” means the Inuvialuit Regional Corporation referred to in the Inuvialuit Final Agreement, or an entity designated by that Corporation;“Inuvialuit Settlement Region”
« région inuvialuite designée »
“Inuvialuit Settlement Region” has the same meaning as in section 2 of the Inuvialuit Final Agreement;“penalty”
« pénalité »
“penalty” means an administrative monetary penalty imposed under this Act for a violation;“Sahtu First Nation”
« première nation du Sahtu »
“Sahtu First Nation” has the same meaning as in section 2 of the Mackenzie Valley Resource Management Act;“territorial minister”
« ministre territorial »
“territorial minister” means the person occupying the recognized position of Minister of the Northwest Territories responsible for water resources;“Tlicho Government”
« gouvernement tlicho »
“Tlicho Government” has the same meaning as in section 2 of the Mackenzie Valley Resource Management Act;1998, c. 25, s. 165(2)
79. Subsection 2.1(2) of the Act is replaced by the following:Mackenzie Valley
(2) Sections 7.2, 7.3, 10 to 13, 18.1, 20 and 22, paragraphs 23(1)(b) and (2)(b), section 24, subsections 24.3(2) and (3), section 24.6, section 26 except in relation to type A licences, sections 27 to 28.2, subsection 37(2) and sections 44.01 to 44.3 do not apply in respect of the Mackenzie Valley, as defined in section 2 of the Mackenzie Valley Resource Management Act.80. Section 6 of the Act is replaced by the following:Delegation to territorial minister
6. After consultation with the Board, the Minister may, in writing, delegate to the territorial minister any of the Minister’s powers, duties and functions under this Act, either generally or as otherwise provided in the instrument of delegation.
81. The Act is amended by adding the following after section 7.1:ConsultationDuty to consult
7.2 When, in relation to any matter, a reference is made in this Act to consultation, the duty to consult shall be exercised(a) by providing, to the party to be consulted,(i) notice of the matter in sufficient form and detail to allow the party to prepare its views on the matter,(ii) a reasonable period for the party to prepare its views, and(iii) an opportunity to present its views to the party having the duty to consult; and(b) by considering, fully and fairly, any views so presented.Consultation— Act or regulation
7.3 The Minister shall consult with the Gwich’in and Sahtu First Nations, the Tlicho Government, the Inuvialuit Regional Corporation, the territorial minister and the Board with respect to the amendment of this Act or the making or amendment of any regulation under this Act.82. Section 10 of the Act and the heading before it are replaced by the following:INUVIALUIT WATER BOARDBoard EstablishedEstablishment
10. (1) The Inuvialuit Water Board is established.Capacity
(2) The Board has, for the purposes of its functions, the capacity, rights, powers and privileges of a natural person.Main office
(3) The main office of the Board shall be at any place that is in the portion of the Inuvialuit Settlement Region located in the Northwest Territories and that is designated by the Governor in Council. If no place is so designated, it shall be at Inuvik.Membership
(4) The Board shall consist of five members appointed by the Minister, including the Chairperson, two members appointed on the nomination of the Inuvialuit Regional Corporation and one member appointed on the nomination of the territorial minister.Chairperson —nomination by members
10.1 (1) The Chairperson of the Board shall be appointed by the Minister from persons nominated by a majority of the members of the Board.Chairperson— appointment by Minister
(2) If a majority of the members of the Board does not nominate a person acceptable to the Minister within a reasonable time, the Minister may appoint any person as Chairperson.Absence or incapacity of Chairperson
(3) The Board may designate a member to act as its Chairperson during the absence or incapacity of the Chairperson or a vacancy in the office of Chairperson, and that person while so acting may exercise the powers and shall perform the duties and functions of the Chairperson.Powers, duties and functions of Chairperson
10.2 The Chairperson of the Board is its chief executive officer and has the powers, duties and functions prescribed by the rules of the Board.Quorum
10.3 A quorum of the Board consists of three members, including one of the members appointed on the nomination of the Inuvialuit Regional Corporation and one of the members not so appointed other than the Chairperson.Alternate members
10.4 The Minister may appoint alternate members to act in the event of the absence or incapacity, or a vacancy in the office, of a member of the Board, including(a) one or more persons on the nomination of the Inuvialuit Regional Corporation to act as a member when the absence or incapacity, or vacancy in the office, is in respect of a member who was appointed on such a nomination;(b) one or more persons on the nomination of the territorial minister to act as a member when the absence or incapacity, or vacancy in the office, is in respect of a member who was appointed on such a nomination; and(c) one or more persons to act when the absence or incapacity, or vacancy in the office, is in respect of a member other than a member referred to in paragraph (a) or (b).Term of OfficeTerm of office
10.5 (1) Members of the Board and alternate members hold office for a term of three years.Reappointment
(2) Members of the Board and alternate members may be reappointed in the same or another capacity.Removal by Minister after consultation
(3) Members of the Board and alternate members may be removed from office for cause by the Minister, after consultation by the Minister with the Board. If the member or alternate member was appointed on the nomination of the Inuvialuit Regional Corporation or the territorial minister, the Minister shall also consult with the Inuvialuit Regional Corporation or the territorial minister, as the case may be.Acting after expiry of term
10.6 (1) If the Chairperson is of the opinion that it is necessary for a member of the Board to continue to act after the expiry of that member’s term in order for the Board to make a decision in relation to the issuance, renewal, amendment or cancellation of a licence, as the case may be, the Chairperson may request in writing that the Minister authorize the member to act in relation to that matter until a decision is made. For the purpose of the appointment of a replacement, their office is deemed to be vacant as soon as their term expires.Request
(2) A request under subsection (1) shall be made at least two months before the day on which the member’s term expires.Deemed acceptance
(3) If the Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.RemunerationRemuneration and expenses — members
10.7 (1) Members of the Board are to receive the remuneration determined by the Minister for the exercise of their powers and the performance of their duties and functions and are to be paid the travel and living expenses that are incurred by them while absent from their ordinary place of residence that are consistent with Treasury Board directives for public servants.Remuneration and expenses —alternate members
(2) Alternate members are not entitled to receive any remuneration unless they attend a meeting, training session or other event at the request of the Chairperson, in which case they are to receive the remuneration that is determined by the Minister, and are to be paid the travel and living expenses incurred by them while absent from their ordinary place of residence that are consistent with Treasury Board directives for public servants.2003, c. 22, par. 224(z.60)(E)
83. Section 11 of the Act is replaced by the following:StaffEmployment and remuneration
11. The Board may employ any employees and engage the services of any agents, advisers and experts that are necessary for the proper conduct of the business of the Board and may fix the terms and conditions of their employment or engagement and pay their remuneration.2002, c. 10, s. 183
84. Section 12 and the heading before it are replaced by the following:Deemed employment
11.1 The members of the Board, alternate members who attend meetings, training sessions or other events at the request of the Chairperson and employees are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.Conflict of InterestConflict of interest —members and staff
11.2 (1) A member of the Board, an employee or an agent, adviser or expert shall not perform their functions in relation to a matter if doing so would place them in a conflict of interest.Status or entitlements under Inuvialuit Final Agreement
(2) A person is not placed in a conflict of interest solely because of any status or entitlement conferred on them under the Inuvialuit Final Agreement.ImmunityActs done in good faith
11.3 No action lies against a member or an employee for anything done or omitted to be done in good faith in the performance, or purported performance, of any power, duty or function under this Act.OBJECTS AND POWERS OF BOARDObjects
12. The objects of the Board are to provide for the conservation, development and utilization of waters in a manner that will provide the optimum benefit for all Canadians in general and, in particular, for the residents of the portion of the Inuvialuit Settlement Region located in the Northwest Territories for which the Board is authorized to issue licences.
85. (1) Subsection 13(1) of the Act is replaced by the following:Minister’s policy directions to Board
13. (1) The Minister may, after consultation with the Board, give written policy directions to the Board with respect to the carrying out of any of its powers, duties and functions under this Act, and the Board shall, subject to subsections (2) and (3), comply with those policy directions.(2) Paragraph 13(2)(b) of the Act is replaced by the following:(b) have been approved by the Board and are awaiting the approval referred to in section 18.1.(3) Section 13 of the Act is amended by adding the following after subsection (3):Notice in Canada Gazette
(3.1) Immediately after the Minister’s written policy direction is given to the Board, the Minister shall publish a notice in the Canada Gazette stating that the policy direction will be published by the Board on its Internet site. The Board shall publish the policy direction on its Internet site as soon as feasible and may also make it accessible by any other means that the Board considers appropriate.
86. (1) Subsection 14(1) of the Act is replaced by the following:Issuance of licences
14. (1) Subject to this section, the Board may issue, in accordance with the criteria set out in the regulations made under paragraph 33(1)(c), type A licences and type B licences permitting the applicant for the licence, on payment of the fees prescribed by regulations made under subparagraph 33(1)(k)(i), at the times and in the manner prescribed by any applicable regulations made under paragraph 33(1)(l) or, in the absence of such regulations, at the times and in the manner set out in the licence, to use waters or deposit waste, or both, in connection with the operation of the appurtenant undertaking and in accordance with the conditions specified in the licence.Term of licence
(1.1) A licence under subsection (1) may be issued for a term(a) not exceeding 25 years, in the case of a type A licence in respect of a prescribed class of undertakings or in the case of a type B licence; or(b) not exceeding the anticipated duration of the undertaking, in the case of a type A licence other than one described in paragraph (a).(2) Subsection 14(6) of the Act is repealed.87. (1) The portion of paragraph 18(1)(a) of the Act before subparagraph (i) is replaced by the following:(a) renew a licence, with or without changes to its conditions, for a term not exceeding 25 years in the case of a type A licence in respect of a prescribed class of undertakings or in the case of a type B licence, or for a term not exceeding the anticipated duration of the undertaking in the case of any other type A licence,(2) Subsection 18(3) of the Act is replaced by the following:Application to cancel licence
(3) An application to cancel a licence must be in the form and contain the information that is prescribed by the regulations.88. The Act is amended by adding the following after section 18:Approval to issue, renew, amend or cancel licence
18.1 The Board may issue, renew, amend or cancel a licence only with the approval(a) in the case of a type A licence, of the Minister; or(b) in the case of a type B licence,(i) of the Chairperson of the Board, if no public hearing is held by the Board in connection with the issuance, renewal, amendment or cancellation of the licence, or(ii) of the Minister, if a public hearing is held by the Board in connection with the issuance, renewal, amendment or cancellation of the licence.
89. The Act is amended by adding the following after section 23:Notice — on Board’s initiative
23.1 (1) The Board shall give notice of its intention to consider, on its own initiative, the renewal of a licence under subparagraph 18(1)(a)(ii), or the amendment of a condition of a licence under subparagraph 18(1)(b)(ii) or (iii), by publishing a notice in a newspaper of general circulation in the area affected or, if there is not such a newspaper, in any other manner that the Board considers appropriate.Exception
(2) Subsection (1) does not apply in respect of an application for the amendment of a licence if the Board, with the consent of the Minister, declares the amendment to be required on an emergency basis.
90. (1) Paragraph 24(b) of the Act is replaced by the following:(b) the powers, duties and functions of the Chairperson of the Board;(b.1) the circumstances in which an alternate member is to perform the powers, duties and functions of a member who is absent or incapacitated or whose office is vacant and the process for selecting among alternate members;(b.2) in the case of a member whose term has expired, the circumstances in which a member may continue to perform their powers, duties and functions in relation to a matter involving a public hearing until a decision is made by the Board;(2) Paragraph 24(d) of the Act is replaced by the following:(d) any other matter concerning the carrying on of its work, the conduct and management of its internal affairs, and the powers, duties and functions of its officers and employees and its agents, advisers and experts.
91. The Act is amended by adding the following after section 24:TIME LIMITSAuthority to ActAuthority, etc.
24.1 The failure of the Minister or the Board to exercise a power or perform a duty or function within a time limit under this Act does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise of such a power or performance of such a duty or function.Decisions by Board and ApprovalsType A licence and type B licence if public hearing held
24.2 (1) In the case of an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or in the case when the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 23.1(1).Referral to Minister for approval
(2) If the Board decides to issue, renew or amend the licence, that decision shall be immediately referred to the Minister for approval.Decision of Minister and reasons
(3) The Minister shall, within 45 days after the Board’s decision is referred to him or her, notify the Board whether or not the decision is approved and, if it is not approved, provide written reasons in the notification.Extension of time limit
(4) The Minister may extend that time limit by not more than an additional 45 days, if the Minister notifies the Board of the extension within the first 45 days.Absence of decision
(5) If the Minister does not notify the Board whether or not the decision is approved within the time limit referred to in subsection (3) or (4), whichever is applicable, the Minister is deemed to have given approval.Other type B licences
24.3 (1) In the case of an application for the issuance, renewal or amendment of a type B licence in connection with which no public hearing is held or in the case when the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 23.1(1).Referral to Chairperson
(2) If the Board decides to issue, renew or amend the licence, that decision shall be immediately referred to the Chairperson for his or her approval.Chairperson’s decision
(3) The Chairperson must, without delay after the Board’s decision is referred to him or her, notify the Board whether or not the decision is approved.Day on which application is made
24.4 An application is considered to be made on the day on which the Board is satisfied that the application is in the form, and contains all of the information, that is prescribed by the regulations.Excluded PeriodsExcluded period
24.5 If the Board requires an applicant or a licensee to provide information or studies, then the period taken by the applicant or licensee, in the Board’s opinion, to provide the required information or studies is not included in the calculation of the time limit under subsection 24.2(1) or 24.3(1) or of an extension of the time limit.Suspension of time limit
24.6 The Board may suspend the time limit referred to in subsection 24.2(1) or 24.3(1) or the extension of such a limit(a) if the proposed use of waters or deposit of waste is part of a development in respect of which an environmental screening, environmental assessment or environmental impact review is required under an Act of Parliament or the Inuvialuit Final Agreement, until the screening, assessment or review is completed;(b) if the Board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 14(4), until the applicant satisfies the Board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;(c) if the board is not permitted to issue a licence except in accordance with subsection 15.1(1), until the applicant has entered into a compensation agreement under paragraph 15.1(1)(a) or until a determination of compensation has been made under paragraph 15.1(1)(b), as the case may be; or(d) if the Board receives notice under subsection 78(1) or 79.2(1) of the Mackenzie Valley Resource Management Act, until the requirements of subsection 78(3) or 79.2(3) of that Act, as the case may be, have been met.ExtensionsExtension of time limit by Minister
24.7 (1) The Minister may, at the request of the Board, extend the time limit referred to in subsection 24.2(1) or 24.3(1) by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.Extension of time limit by Governor in Council
(2) The Governor in Council may, by order, on the recommendation of the Minister, further extend, any number of times, the time limit extended under subsection (1).92. The Act is amended by adding the following after section 28:REPORTSAnnual report
28.1 (1) The Board shall, within three months after the end of each fiscal year, submit to the Minister, in the form that the Minister may specify, a report on the activities of the Board in that year, including its financial statements for the year and any other matters that the Minister may specify.Publication on Internet
(2) The Board shall publish the annual report on its Internet site and, if the Board considers it appropriate, make it available by any other means.COST RECOVERYObligation to pay costs
28.2 (1) For the Minister to recover costs incurred in relation to the consideration of an application for a licence or for the renewal, amendment or cancellation of a licence, the applicant or a licensee shall pay to the Minister(a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Board or of its members;(b) any costs incurred by the Board for services that are prescribed by the regulations and that are provided to it by a third party; and(c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Minister.Debt due to Her Majesty
(2) The costs and amounts that a person must pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.93. Subsection 31(4) of the Act is replaced by the following:Copy of document evidencing permission to be deposited
(4) A copy of the document evidencing the permission granted by the Minister under subsection (1), certified as such by the Chairperson of the Board, shall be deposited with the registrar or registrars of titles for the land registration district or districts in which the lands affected by the permission are situated.94. (1) Subsection 33(1) of the Act is amended by adding the following after paragraph (l):(l.1) respecting the recovery of amounts and costs for the purposes of section 28.2, including prescribing amounts and services for the purposes of that section and exempting any class of applicants or licensees from the application of that section;(2) Subsection 33(1) of the Act is amended by striking out “and” at the end of paragraph (t) and by adding the following after that paragraph:(t.1) prescribing anything that is to be prescribed under this Act; and(3) Paragraph 33(1)(u) of the French version of the Act is replaced by the follow-ing:u) d’une façon générale, prendre toute autre mesure nécessaire à l’application de la présente loi.95. Section 40 of the Act is replaced by the following:Principal offences
40. (1) Every person is guilty of an offence who(a) contravenes subsection 8(1) or section 9;(b) fails to comply with subsection 8(3); or(c) contravenes or fails to comply with a direction given by an inspector under subsection 37(1).Punishment
(2) Every person who commits an offence under subsection (1) is liable on summary conviction,(a) for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and(b) for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both.Offences — type A licensees
40.1 (1) Every type A licensee is guilty of an offence who(a) contravenes or fails to comply with any condition of the licence, if the contravention or failure to comply does not constitute an offence under section 41; or(b) without reasonable excuse, fails to furnish or maintain security as required under subsection 17(1).Punishment
(2) Every licensee who commits an offence under subsection (1) is liable on summary conviction,(a) for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and(b) for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both.Offences — type B licensees
40.2 (1) Every type B licensee is guilty of an offence who(a) contravenes or fails to comply with any condition of the licence, if the contravention or failure to comply does not constitute an offence under section 41; or(b) without reasonable excuse, fails to furnish or maintain security as required under subsection 17(1).Punishment
(2) Every licensee who commits an offence under subsection (1) is liable on summary conviction,(a) for a first offence, to a fine not exceeding $37,500 or to imprisonment for a term not exceeding six months, or to both; and(b) for a second or subsequent offence, to a fine not exceeding $75,000 or to imprisonment for a term not exceeding six months, or to both.Continuing offences
40.3 An offence under subsection 40(1), 40.1(1) or 40.2(1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.Deeming —subsequent offences
40.4 (1) For the purposes of subsections 40(2), 40.1(2) and 40.2(2), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under any Act of Parliament — or any Act of the legislature of a province — that relates to environmental or wildlife conservation or protection.Application
(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.96. Section 42 of the Act is replaced by the following:Limitation period or prescription
42. No proceedings in respect of an offence under this Act are to be instituted more than five years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged offence.97. Subsection 43(1) of the Act is replaced by the following:Action to enjoin not prejudiced by prosecution
43. (1) Despite the fact that a prosecution has been instituted in respect of an offence under subsection 40(1), 40.1(1), or 40.2(1), the Attorney General of Canada may commence and maintain proceedings to enjoin conduct that constitutes an offence under any of those subsections.98. The Act is amended by adding the following after section 44:ADMINISTRATIVE MONETARY PENALTIESRegulationsRegulations
44.01 (1) The Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 44.02 to 44.3, including regulations(a) designating as a violation that may be proceeded with in accordance with this Act(i) the contravention of any specified provision of this Act or of its regulations,(ii) the contravention of any order, direction or decision — or of any order, direction or decision of a specified class— made or given under this Act, or(iii) the failure to comply with a term or condition of any licence or a term or condition of a specified class of licences;(b) respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation;(c) establishing the form and content of notices of violations;(d) respecting the service of documents required or authorized under this Act, including the manner and proof of service and the circumstances under which documents are considered to be served; and(e) respecting reviews by the Minister in respect of a notice of violation.Maximum
(2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for each violation must not be more than $25,000, in the case of an individual, and $100,000 in the case of any other person.ViolationsWho may issue notices
44.02 Persons who are designated as inspectors under section 35 are authorized to issue notices of violation.Commission of violation
44.03 (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 44.01(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations.Purpose of penalty
(2) The purpose of the penalty is to promote compliance with this Act and not to punish.Liability of directors, officers, agents and mandataries
44.04 If a corporation commits a violation, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty in the amount that is determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act.Proof of violation
44.05 In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee, or agent or mandatary, of the person, whether or not the employee, agent or mandatary is identified or proceeded against in accordance with this Act.Issuance and service of notice of violation
44.06 (1) If an inspector believes on reasonable grounds that a person has committed a violation, the inspector may issue a notice of violation and cause it to be served on the person.Contents
(2) The notice of violation must(a) name the person that is believed to have committed the violation;(b) set out the relevant facts surrounding the violation;(c) set out the amount of the penalty;(d) inform the person of their right to request a review with respect to the violation or the amount of the penalty and of the period within which that right must be exercised;(e) inform the person of the time and manner of paying the penalty; and(f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they are considered to have committed the violation and are liable to the penalty.Inspector to provide copy to Board
(3) The inspector shall, without delay after issuing a notice of violation, provide a copy to the Board.Rules About ViolationsCertain defences not available
44.07 (1) A person named in a notice of violation does not have a defence by reason that the person(a) exercised due diligence to prevent the commission of the violation; or(b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.Common law principles
(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.Continuing violation
44.08 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.Violations or offences
44.09 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act.Violations not offences
(2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.Limitation period or prescription
44.1 No notice of violation is to be issued more than two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged violation.ReviewsRight to request review
44.11 A person who is served with a notice of violation may — within 30 days after the day on which it is served or within any longer period that is prescribed by the regulations — make a request to the Minister for a review of the amount of the penalty or the facts of the violation, or both.Correction or cancellation of notice of violation
44.12 At any time before a request for a review in respect of a notice of violation is received by the Minister, an inspector may cancel the notice of violation or correct an error in it.Review
44.13 On receipt of a request for a review in respect of a notice of violation, the Minister shall conduct the review.Object of review
44.14 (1) The Minister shall determine, as the case may be, whether the amount of the penalty was determined in accordance with the regulations or whether the person committed the violation, or both.Determination
(2) The Minister shall render a determination in writing and cause the person who requested the review to be served with a copy of the determination, with reasons. A copy of the determination, with reasons, shall also be provided without delay to the Board.Correction of penalty
(3) If the Minister determines that the amount of the penalty was not determined in accordance with the regulations, the Minister shall correct it.Responsibility
(4) If the Minister determines that the person who requested the review committed the violation, that person is liable to the penalty as set out in the determination.Determination final
(5) A determination made under this section is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.Burden of proof
44.15 If the facts of a violation are reviewed, the inspector who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it.ResponsibilityPayment
44.16 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.Failure to act
44.17 A person that neither pays the penalty within the period set out in the notice of violation — nor requests a review within the period referred to in section 44.11 — is considered to have committed the violation and is liable to the penalty.Recovery of PenaltiesDebts to Her Majesty
44.18 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.Limitation period or prescription
(2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable.Certificate
44.19 (1) The Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 44.18(1).Registration
(2) Registration of a certificate of non-payment in any court of competent jurisdiction has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.GeneralAuthenticity of documents
44.2 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 44.06(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.Publication
44.3 The Board may, subject to any regulations, make public the nature of a violation, the name of the person who committed it and the amount of the penalty.99. The portion of subsection 46(3) of the Act before paragraph (a) is replaced by the following:Licenses
(3) Sections 40.1 and 40.2 of this Act do not apply in respect of any condition of a licence referred to in subsection (1)Transitional ProvisionsDefinitions
100. The following definitions apply in this section and in sections 101 to 109.“former Board”
« ancien Office »
“former Board” means the Northwest Territories Water Board established by section 10 of the Northwest Territories Waters Act, as that section read immediately before this section comes into force.“new Board”
« nouvel Office »
“new Board” means the Inuvialuit Water Board established by section 10 of the Northwest Territories Waters Act, as amended by section 82.Chairperson and other members of former Board
101. The Chairperson and every other member of the former Board holding office immediately before the coming into force of this section continue to exercise their powers and perform their duties and functions as members of the new Board until the expiry or revocation of their appointment, despite subsection 10(4) of the Northwest Territories Waters Act, as amended by section 82. However, the vice-chairperson of the former Board ceases to act as vice-chairperson on the coming into force of that section 82.Decisions, etc., continued
102. Every decision, order, determination and declaration made by the former Board is deemed to have been made by the new Board.Licences
103. (1) All licences, including any terms and conditions attached to them, issued under the Northwest Territories Waters Act, as it read immediately before the day on which this section comes into force, that were in force on that day continue in force after that day as if they had been issued in accordance with the Northwest Territories Waters Act as it reads on that day.For greater certainty
(2) For greater certainty, the new Board may exercise all its powers and perform all its duties and functions under the Northwest Territories Waters Act, as it reads on the day on which this section comes into force, with respect to the licences that are continued by subsection (1).Transfer of proceedings and applications
104. (1) Any proceedings and applications that the former Board was seized of immediately before the day on which this section comes into force are transferred to the new Board and are to be continued and disposed of in accordance with the Northwest Territories Waters Act, as it reads on that day, except as provided under subsection (2).Time limits
(2) An application for the issuance, renewal or amendment of a licence that was made before the coming into force of this section is considered to have been made on the day of that coming into force for the purpose of determining the periods under sections 24.2 and 24.3 of the Northwest Territories Waters Act.References
105. Every reference to the former Board in any deed, contract, agreement or other document executed by the former Board in its own name is, unless the context otherwise requires, to be read as a reference to the new Board.Transfer of rights and obligations
106. All rights and property of the former Board and of Her Majesty in right of Canada that are under the administration and control of the former Board and all obligations of the former Board are transferred to the new Board.Commencement of legal proceedings
107. Every action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Board may be brought against the new Board in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Board.Continuation of legal proceedings
108. Every action, suit or other legal proceeding to which the former Board is party that is pending in any court immediately before the day on which this section comes into force may be continued by or against the new Board in like manner and to the same extent as it could have been continued by or against the former Board.Transfer of appropriations
109. Any amount appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the charges and expenses of the former Board that, on that coming into force, is unexpended is deemed to have been appropriated to defray the charges and expenses of the new Board.1998, c. 25
Consequential Amendment to the Mackenzie Valley Resource Management Act2005, c. 1, s. 34(3)
110. Subsection 60(4) of the Mackenzie Valley Resource Management Act is replaced by the following:Northwest Territories Waters Act
(4) Despite subsection (1), sections 7.2, 7.3, 10 to 13, 18.1, 20 and 22, paragraphs 23(1)(b) and (2)(b), section 24, subsections 24.3(2) and (3), section 24.6, section 26 except in relation to type A licences under that Act, sections 27 to 28.2, subsection 37(2) and sections 44.01 to 44.3 of the Northwest Territories Waters Act do not apply in respect of a management area.