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Bill C-88

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First Session, Forty-second Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-88
An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts
FIRST READING, November 8, 2018
MINISTER OF INTERGOVERNMENTAL AND NORTHERN AFFAIRS AND INTERNAL TRADE
90874


SUMMARY
Part 1 of this enactment amends the Mackenzie Valley Resource Management Act to establish an administration and enforcement scheme in Part 5 of that Act that includes the issuance of development certificates. It also adds an administrative monetary penalty scheme and a cost recovery scheme, provides regulation-making powers for both schemes and for consultation with Aboriginal peoples and it allows the Minister to establish a committee to conduct regional studies. Finally, it repeals a number of provisions of the Northwest Territories Devolution Act that, among other things, restructure the regional panels of the Mackenzie Valley Land and Water Board, but that were not brought into force.
Part 2 of the enactment amends the Canada Petroleum Resources Act to allow the Governor in Council to prohibit certain works or activities on frontier lands if the Governor in Council considers that it is in the national interest to do so.
Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-88
An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1
1998, c. 25

Mackenzie Valley Resource Management Act

Amendments to the Act

2014, c. 2, s. 116
1Section 7.2 of the Mackenzie Valley Resource Management Act is replaced by the following:
Other requirements to be complied with
7.2For greater certainty, nothing in this Act, the regulations or a licence or permit or development certificate or amended development certificate issued under this Act authorizes a person to contravene or fail to comply with any other Act or any regulation or order made under it, except as provided in that other Act, regulation or order.
2005, c. 1, s. 22
2Section 15 of the Act is replaced by the following:
Implementation of right of representation of other Aboriginal peoples
15Despite any provision of this Act respecting members of a board, if an Aboriginal people has a right under a land claim agreement to representation on that board in relation to a decision of the board that might affect an area used by that Aboriginal people that is outside the board’s area of jurisdiction, the board shall, in accordance with that land claim agreement, determine how to implement that right, so long as the number of members who are either nominated by a first nation, nominated or appointed by the Tlicho Government or appointed following consultation by the federal Minister with the first nations of the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii, as the case may be, and who are temporarily appointed to implement that right remains equal to the number of other members not including the chairperson.
3The Act is amended by adding the following before section 58:
Acting after expiry of term
57.3(1)If the chairperson of a board is of the opinion that it is necessary for a member of that board to continue to act after the expiry of the member’s term in order for the board to make a decision in relation to the issuance, amendment, renewal or cancellation of a permit or licence, as the case may be, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that matter until a decision is made. For the purpose of the appointment of a replacement, the office of the member is deemed to be vacant as soon as their term expires.
Request
(2)The request shall be made at least two months before the day on which the member’s term expires.
Deemed acceptance
(3)If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.
2014, c. 2, s. 141(1)
4Section 67 of the Act is replaced by the following:
Final decision
67Subject to sections 32 and 72.13, subsections 125(1.2) and (4) and any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of a board is final and binding.
5The Act is amended by adding the following after section 79.3:
Cost Recovery
Obligation to pay
79.4(1)The applicant or a licensee shall pay to the federal Minister the following amounts and costs relating to the consideration of an application for a licence or for the amendment, renewal or cancellation of a licence:
(a)any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of a board or of its members;
(b)any costs incurred by a board for services that are prescribed by the regulations and that are provided to it by a third party; and
(c)any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister.
Debt due to Her Majesty
(2)The amounts and costs that a person is to pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
2014, c. 2, s. 174(1)
6Section 82 of the French version of the Act is replaced by the following:
Consultation des offices
82Le ministre fédéral est tenu de consulter les offices en ce qui touche les propositions de modification de la présente loi et la prise ou les propositions de modification de ses textes d’application.
2014, c. 2, s. 177; 2015, c. 24, s. 31
7Subsections 85(4) to (6) of the Act are replaced by the following:
Notice
(4)An inspector shall, if it is reasonable to do so, give prior notice of their entry to
(a)the Gwich’in or Sahtu First Nation, if the entry is on its first nation lands;
(b)the Tlicho Government, if the entry is on Tlicho lands; or
(c)the Déline Got’ine Government, if the entry is on Déline lands.
8The Act is amended by adding the following after section 90.3:
Regulations respecting cost recovery
90.31The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the boards, make regulations respecting the recovery of amounts and costs for the purposes of section 79.4, including prescribing the amounts and services for the purposes of that section and exempting any class of applicants or licensees from the application of that section.
Regulations respecting consultation
90.32The Governor in Council may, following consultation by the federal Minister with first nations, the Tlicho Government, the territorial Minister and the boards, make regulations establishing requirements respecting any consultation that may be undertaken under this Part, whether or not it is expressly provided for, by any person or entity with a first nation, the Tlicho First Nation, the Tlicho Government or an Aboriginal people who uses an area outside the Mackenzie Valley, including the manner in which it is to be conducted, and providing for the delegation of certain procedural aspects of that consultation.
2014, c. 2, s. 194(2)
9Subsection 96(4) of the Act is replaced by the following:
Reference to “licence”
(4)For the purposes of this Part, a reference to “licence” in section 90.3, in the regulations made under that section and in sections 72.02, 79.4 and 92.02 to 92.04 includes a licence as defined in subsection (1).
2005, c. 1, s. 56
10Subsection 99(3) of the Act is replaced by the following:
Applicable provisions
(3)For greater certainty, the provisions of Part 1 respecting the appointment, term of office and removal from office of members of a board and respecting the chairperson of a board, and the provisions of Part 3 respecting the appointment of members of a board, the quorum of a board, its main office and members acting after the expiry of their term, continue to apply to a regional panel.
11The Act is amended by adding the following after section 104:
Acting after expiry of term
105(1)If the chairperson of the Board is of the opinion that it is necessary for a member of the Board to continue to act after the expiry of that member’s term in order for the Board to make a decision in relation to the issuance, amendment, renewal or cancellation of a permit or licence, as the case may be, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that matter until a decision is made. For the purpose of the appointment of a replacement, the office of the member is deemed to be vacant as soon as their term expires.
Request
(2)The request shall be made at least two months before the day on which the member’s term expires.
Deemed acceptance
(3)If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.
12The Act is amended by adding the following after section 109.2:
Cost Recovery
Regulations apply
109.3Regulations made under section 90.31 apply to the recovery of amounts and costs relating to the consideration of an application for a licence issued by the Board or for the amendment, renewal or cancellation of a licence as if a reference to “licence” in those regulations were a reference to a licence as defined in subsection 96(1).
Consultations
Regulations apply
109.4Regulations made under section 90.32 apply to any consultation that is undertaken by any person or entity in relation to the issuance, amendment, renewal, suspension or cancellation of a licence, permit or other authorization by the Board as if a reference to “licence” or “permit” in those regulations were a reference to a licence or permit as defined in subsection 96(1).
2014, c. 2, s. 199
13Section 111.1 of the Act is replaced by the following:
Federal Minister — powers, duties and functions
111.1The federal Minister shall exercise the powers and perform the duties and functions of any responsible minister who is a minister of the Crown in right of Canada for the purposes of subsections 130(1) to (3), sections 131.2, 135 and 137.2 and subsection 142.21(10).
14The Act is amended by adding the following after section 113:
Acting after expiry of term
113.1(1)If the chairperson of the Review Board is of the opinion that it is necessary for a member of the Review Board to continue to act after the expiry of that member’s term in relation to an environmental assessment, an environment impact review or an examination of impact on the environment that stands in lieu of an environmental impact review, as the case may be, of a proposal for a development, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that proposal until the requirements of this Part in relation to that environmental assessment, environmental impact review or examination have been fulfilled. For the purpose of the appointment of a replacement, the office of the member is deemed to be vacant as soon as their term expires.
Request
(2)The request shall be made at least two months before the day on which the member’s term expires.
Deemed acceptance
(3)If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.
15The 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)subject to subsection (2), the person or body receives a notice under subsection 124(1.1) in respect of the development;
(b)subject to subsection (2), the development is exempted from preliminary screening under subsection 124(2);
(c)subject to subsection (2), the person or body receives a copy of a report under subsection 125(6) stating that the development will not be a cause of public concern and either will not have a significant adverse impact on the environment or, in the case of a proposed development that is wholly within the boundaries of a local government, is unlikely to have a significant adverse impact on air, water or renewable resources;
(d)in the case of a proposal for a development that is the subject of an environmental assessment under section 126, the person or body carries it out in accordance with the conditions included in a development certificate issued under section 131.3, or an amended development certificate issued under subsection 142.21(17), with respect to that development; or
(e)in the case of a proposal for a development that is the subject of an environmental impact review under section 132, or an examination under section 138, 140 or 141, the person or body carries it out in accordance with the conditions included in a development certificate issued under section 137.4, or an amended development certificate issued under subsection 142.21(17), with respect to that development.
No contravention
(2)A person or body may carry out a development, in whole or in part, if it is carried out within the period
(a)starting on the day on which
(i)the person or body receives a notice under subsection 124(1.1) with respect to the development,
(ii)the development is exempted from preliminary screening under subsection 124(2), or
(iii)the person or body receives a copy of a report under subsection 125(6) containing the conclusions set out in paragraph (1)‍(c) with respect to the development; and
(b)ending on the day on which that person or body receives notice of a referral to an environmental assessment under subsection 126(5).
Exception
(3)Subsection (1) does not apply if section 119 applies.
16Section 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.
17(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.
Boards established under Part 3 or 4
(1.2)If a board established under Part 3 or 4 is the body that determines under subsection (1) that the development will not have a significant adverse impact on the environment and will not be a cause of public concern, that board may issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination but that licence, permit or other authorization shall come into force only after the end of that 10-day period and if no referral under subsection 126(2) or (3) has been made during that period.
Computation of time
(1.3)If more than one body conducts a preliminary screening in respect of a development and they each determine that the development will not have a significant adverse impact on the environment and will not be a cause of public concern, the 10-day period referred to in subsections (1.1) and (1.2) begins after the day on which the Review Board receives the last of their reports of determination.
(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,
(a)a regulatory authority, a designated regulatory agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination; or
(b)if no licence, permit or other authorization is required under any federal, territorial or Tlicho law for the development, the person or body that proposes to carry it out shall not proceed before the end of 10 days after the day on which the Review Board receives the report of the determination.
Boards established under Part 3 or 4
(4)If a board established under Part 3 or 4 is the body that determines under subsection (2) that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern, that board may issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination but that licence, permit or other authorization shall come into force only after the end of that 10-day period and if no referral under subsection 126(2) or (3) has been made during that period.
Computation of time
(5)If more than one body conducts a preliminary screening in respect of a development and they each determine that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern, the 10-day period referred to in subsections (3) and (4) begins after the day on which the Review Board receives the last of their reports of determination.
Copy of report
(6)A body that conducts a preliminary screening of a proposal shall provide a copy of its report to the person or body that proposes to carry out the development.
2005, c. 1, s. 79
18Section 129 of the Act is repealed.
2005, c. 1, s. 80(2); 2014, c. 2, s. 208(4)‍(F)
19Subsection 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. In addition, a first nation, local government, regulatory authority or department or agency of the federal or territorial government affected by a decision made under this section shall act in conformity with the decision — including by implementing the conditions set out in a development certificate issued under section 131.3, or an amended development certificate issued under subsection 142.21(17), in relation to the proposed development — to the extent of their respective authorities.
20Section 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.
21Section 131.1 of the Act is amended by adding the following after subsection (1):
Provision of decision
(1.1)The Tlicho Government shall provide a decision made under subsection (1) to the Review Board.
22The 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 day on which the Review Board receives confirmation that the federal Minister received its report relating to that determination made under subsection 128(2); or
(b)the federal Minister and the responsible ministers adopt, under paragraph 130(1)‍(b), with or without modifications, the Review Board’s recommendation made under subparagraph 128(1)‍(b)‍(ii) and neither the designated regulatory agency nor the Tlicho Government rejects that recommendation under paragraph 131(1)‍(b) or 131.1(1)‍(b), respectively.
Content of certificate
(2)A development certificate shall indicate that the environmental assessment of the development has been completed and that the person or body that proposes to carry out the development may carry it out if they comply with the conditions set out in the certificate, obtain any licence, permit or other authorization required under any Act of Parliament or any territorial law or Tlicho law and comply with any other requirements set out in such an Act or law.
Conditions
(3)A development certificate issued under paragraph (1)‍(b) shall set out the conditions that the person or body that proposes to carry out the development is to comply with, namely, the implementation of the following measures:
(a)if the federal Minister and the responsible ministers agree to adopt, without modifications, a recommendation made under subparagraph 128(1)‍(b)‍(ii), the measures that are to be implemented, in whole or in part, by that person or body as specified in the recommendation; or
(b)if the federal Minister and the responsible ministers agree to adopt a recommendation made under subparagraph 128(1)‍(b)‍(ii) with modifications, the measures that are to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under subparagraph 130(1)‍(b)‍(ii).
Time limit
(4)A development certificate shall be issued,
(a)in the case of paragraph (1)‍(a), within 20 days after the expiry of the 10-day time limit set out in that paragraph; or
(b)in the case of paragraph (1)‍(b), within 30 days after the first day on which the Review Board has received all applicable decisions.
Extension of time limit
(5)The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (4) by a maximum of 45 days to take into account circumstances that are specific to the proposal.
Provision of certificate
(6)The Review Board shall provide a copy of the development certificate to the federal Minister and to every first nation, local government, regulatory authority and department and agency referred to in subsection 130(4).
Statutory Instruments Act
(7)Development certificates are not statutory instruments for the purposes of the Statutory Instruments Act.
Duty — regulatory authorities
131.4Each 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.
23(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.
2005, c. 1, s. 85; 2014, c. 2, s. 214(3)‍(F)
(2)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. In addition, a first nation, local government, regulatory authority or department or agency of the federal or territorial government affected by a decision made under that section shall act in conformity with the decision — including by implementing the conditions set out in a development certificate issued under section 137.4, or an amended development certificate issued under subsection 142.21(17), in relation to the proposed development — to the extent of their respective authorities.
24Section 137 of the Act is amended by adding the following after subsection (2):
Provision of decision
(2.1)The designated regulatory agency shall provide a decision made under subsection (1) to the Review Board.
25Section 137.1 of the Act is amended by adding the following after subsection (2):
Provision of decision
(2.1)The Tlicho Government shall provide a decision made under subsection (1) to the Review Board.
26The 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 rejects that recommendation under paragraph 137(1)‍(b) or 137.1(1)‍(b), respectively; or
(b)the federal Minister and the responsible ministers reject, under subsection 135(1), the review panel’s recommendation, set out in the report made under subsection 134(2), that the proposal for the development be rejected and, if applicable, the designated regulatory agency and the Tlicho Government reject that recommendation under paragraph 137(1)‍(b) or 137.1(1)‍(b), respectively.
Content of certificate
(2)A development certificate shall indicate that the environmental impact review of the development has been completed and that the person or body that proposes to carry out the development may carry it out if they comply with the conditions set out in the certificate, obtain any licence, permit or other authorization required under any Act of Parliament or any territorial law or Tlicho law and comply with any other requirements set out in such an Act or law.
Conditions
(3)A development certificate shall set out the conditions that the person or body that proposes to carry out the development is to comply with, namely, the implementation of the following measures or programs:
(a)if the federal Minister and the responsible ministers agree to adopt, without modifications, a recommendation made under subsection 134(2) to approve the proposal for the development with mitigative or remedial measures or a follow-up program, the measures or the program that is to be implemented, in whole or in part, by that person or body as specified in the recommendation;
(b)if the federal Minister and the responsible ministers agree to adopt, with modifications, a recommendation made under subsection 134(2) to approve the proposal for the development with mitigative or remedial measures or a follow-up program, the measures or the program that is to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under paragraph 135(1)‍(b);
(c)if the federal Minister and the responsible ministers agree to adopt, with modifications, a recommendation made under subsection 134(2) to approve the proposal for the development without mitigative or remedial measures or a follow-up program, the measures or the program that is to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under paragraph 135(1)‍(b); or
(d)if the federal Minister and the responsible ministers agree to reject a recommendation made under subsection 134(2) to reject the proposal for the development, the mitigative or remedial measures or the follow-up program that is to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under paragraph 135(1)‍(b).
Time limit
(4)A development certificate shall be issued within 30 days after the first day on which the Review Board has received all applicable decisions.
Extension of time limit
(5)The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (4) by a maximum of 45 days to take into account circumstances that are specific to the proposal.
Provision of certificate
(6)The Review Board shall provide a copy of the development certificate to the federal Minister and to every first nation, local government, regulatory authority and department and agency referred to in subsection 136(2).
Statutory Instruments Act
(7)Development certificates are not statutory instruments for the purposes of the Statutory Instruments Act.
Duty — regulatory authorities
137.5Each 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
27Subsection 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 of the proposal and paragraphs 134(1)‍(b), (d) and (e) and sections 135 to 137.2 and 137.4 apply, with any modifications that are required, in respect of the examination, except that a recommendation of a panel shall not be referred back to the panel for further consideration.
2005, c. 1, s. 88
28Subsection 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 shall not be referred back to the panel for further consideration.
2005, c. 1, s. 89(2)
29Subsection 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 shall not be referred back to the panel for further consideration.
30The Act is amended by adding the following after section 142:
Cost Recovery
Obligation to pay
142.01(1)The person or body that proposes to carry out the development shall pay to the federal Minister the following amounts and costs relating to an environmental assessment, an environmental impact review or an examination — carried out by a review panel, or a joint panel, established jointly by the Review Board and any other person or body — that stands in lieu of an environmental impact review:
(a)any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Review Board or its members or of members of the Review Board’s review panels or of a review panel or a joint panel;
(b)any costs incurred by the Review Board for services that are prescribed by the regulations and that are provided to it by a third party; and
(c)any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister.
Scope
(2)For the purposes of subsection (1), the services, powers, duties or functions described in that subsection are limited to those provided, exercised or performed
(a)during the period that begins when a proposed development is referred to the Review Board under section 125, or when a person or body that proposes to carry out a development is given notice under subsection 126(5), and ends when a copy of the final decision under the process set out in this Part is issued to that person or body; or
(b)during any period prescribed by the regulations that is within the period referred to in paragraph (a).
Debt due to Her Majesty
(3)The amounts and costs that a person or body that proposes to carry out a development is to pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
31The Act is amended by adding the following after section 142.2:
Amendment of Certificate
Examination
142.21(1)With the approval of the federal Minister, the Review Board may, on its own initiative or at the request of the person or body to which a development certificate was issued under section 131.3 or 137.4 or any interested person, examine the conditions of that certificate if
(a)the conditions are not achieving their intended purpose or are having effects that are significantly different from those anticipated at the time the certificate was issued;
(b)the circumstances relating to the development are significantly different from those anticipated at the time the certificate was issued; or
(c)technological developments or new information provides a more efficient method of achieving the intended purpose of the conditions.
Minister’s initiative
(2)The Review Board shall examine the conditions set out in a development certificate that it has issued if the federal Minister is of the opinion that any of paragraphs (1)‍(a) to (c) applies and so advises the Review Board.
Notice
(3)The Review Board shall notify the person or body and the federal Minister in writing of an examination undertaken under subsection (1) or the person or body of an examination undertaken under subsection (2).
Conduct of examination
(4)The Review Board may conduct its examination of the conditions in the manner that it considers appropriate in the circumstances.
Report
(5)Within five months after the day on which the federal Minister gives the Review Board his or her approval under subsection (1) or advises the Review Board of his or her opinion under subsection (2), the Review Board shall submit a written report to the federal Minister that contains
(a)an assessment of the conditions in force; and
(b)its recommendations as to the conditions that should apply in respect of the development.
Extension of time limit by federal Minister
(6)The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (5) by a maximum of two months to take into account circumstances that are specific to the development.
Extension of time limit by Governor in Council
(7)The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (6) any number of times.
Excluded period
(8)If the Review Board requires the person or body to which the development certificate in question was issued to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the Review Board’s opinion, to comply with the requirement is not included in the calculation of the time limit or of its extension.
Report to ministers
(9)The federal Minister shall distribute the Review Board’s report to every responsible minister.
Ministers’ decision
(10)The federal Minister and the responsible ministers may agree, in respect of each recommendation in that report, either to
(a)accept it;
(b)refer it back to the Review Board for further consideration; or
(c)after consulting the Review Board, adopt it with modifications.
Distribution of decision
(11)The federal Minister shall distribute a decision made under subsection (10) to the Review Board and to every first nation, local government, regulatory authority and department and agency of the federal or territorial government affected by the decision.
Time limits
(12)The federal Minister shall distribute a decision made under this section within three months after the day on which the federal Minister receives the Review Board’s report under subsection (5).
Extension of time limit by federal Minister
(13)The federal Minister may extend the time limit referred to in subsection (12) by a maximum of two months to take into account circumstances that are specific to the development.
Extension of time limit by Governor in Council
(14)The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (13) any number of times.
Time limit — further consideration
(15)If a recommendation is referred back to the Review Board for further consideration under paragraph (10)‍(b), the time taken for that referral and consideration is included in the calculation of the time limit set out in subsection (12) or of its extension.
Excluded period
(16)If the federal Minister or the Review Board requires the person or body to which the development certificate in question was issued to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the federal Minister’s or the Review Board’s opinion, as the case may be, to comply with the requirement is not included in the calculation of the time limit under subsection (12) or of its extension.
Amended development certificate
(17)Within 30 days after the day on which the Review Board receives the decision under subsection (10), it shall issue an amended development certificate that sets out the conditions contained in that decision.
Application
(18)Subsections 131.3(2), (6) and (7) or subsections 137.4(2), (6) and (7) apply, as the case may be, to an amended development certificate.
Duty — regulatory authorities
142.22Each regulatory authority shall, to the extent of its authority to do so, incorporate the conditions referred to in subsection 142.21(17) into any licence, permit or other authorization that it issues, amends or renews.
Developments not Carried Out
Development certificate not valid
142.23(1)A development certificate issued under section 131.3 or 137.4 ceases to be valid five years after the day on which it is issued, if the proposed development for which the certificate is issued is not commenced within those five years.
Amended development certificate not valid
(2)An amended development certificate issued under subsection 142.21(17) ceases to be valid five years after the day on which the certificate in relation to that development is issued under section 131.3 or 137.4, as the case may be, if the proposed development for which the certificate is issued is not commenced within those five years.
Prohibition
(3)It is prohibited to carry out a proposed development, in whole or in part, if the development certificate or amended development certificate issued in relation to it has ceased to be valid.
New environmental assessment
(4)If a development certificate or amended development certificate has ceased to be valid, the person or body that proposes to carry out the development may make a request to the Review Board that it conduct a new environmental assessment of the proposed development and, in that case, the proposal is deemed to be referred to the Review Board under section 125.
Consideration of previous assessment activities
(5)In conducting the new environmental assessment, the Review Board shall consider, and may rely on, any assessment activities previously carried out under this Part in respect of the proposed development.
Administration and Enforcement
Designation
Designation
142.24The federal Minister may designate any qualified person, or a class of qualified persons, as an inspector to exercise powers relating to verifying compliance or preventing non-compliance with this Part and orders made under section 142.29.
Powers
Authority to enter
142.25(1)An inspector may, for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 142.29, enter a place in which they have reasonable grounds to believe that a development is being carried out or a document or any thing relating to a development is located.
Powers on entry
(2)The inspector may, for the purposes referred to in subsection (1),
(a)examine anything in the place;
(b)use any means of communication in the place or cause it to be used;
(c)use any computer system in the place or cause it to be used to examine data contained in or available to that system;
(d)prepare a document or cause one to be prepared based on the data;
(e)use any copying equipment in the place or cause it to be used;
(f)remove anything from the place for examination or copying;
(g)take photographs and make recordings or sketches;
(h)order the owner or person in charge of the place or any person at the place to establish their identity to the inspector’s satisfaction or to stop or start an activity;
(i)order the owner or person having possession, care or control of anything in the place to not move it or to restrict its movement for as long as, in the inspector’s opinion, is necessary;
(j)direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and
(k)prohibit or limit access to all or part of the place.
Certificate
(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.
Duty to assist
(4)The owner or person in charge of the place and every person in it shall give all assistance that is reasonably required to enable the inspector to verify compliance or prevent non-compliance with this Part or orders made under section 142.29 and shall provide any documents, data or information that are reasonably required for that purpose.
Notice
(5)An inspector shall, if it is reasonable to do so, give prior notice of their entry to
(a)the Gwich’in or Sahtu First Nation, if the entry is on its first nation lands;
(b)the Tlicho Government, if the entry is on Tlicho lands.
Warrant for dwelling-house
142.26(1)If the place referred to in subsection 142.25(1) is a dwelling-house, the inspector may only enter it with the occupant’s consent or under the authority of a warrant issued under subsection (2).
Authority to issue warrant
(2)On ex parte application, a justice of the peace may issue a warrant authorizing the inspector who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that
(a)the dwelling-house is a place referred to in subsection 142.25(1);
(b)entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 142.29; and
(c)entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.
Entering private property
142.27(1)For the purpose of gaining entry to a place referred to in subsection 142.25(1), an inspector may enter and pass through private property. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.
Person accompanying inspector
(2)A person may, at the inspector’s request, accompany the inspector to assist them in gaining entry to the place referred to in subsection 142.25(1) and is not liable for doing so.
Use of force
142.28In 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
Measures required
142.29(1)If an inspector has reasonable grounds to believe that there is a contravention of this Part, they may, among other things, order a person to
(a)stop doing something that is in contravention of this Part or cause it to be stopped; or
(b)take any measure that is necessary in order for the person to comply with this Part or to mitigate the effects of the contravention.
Notice
(2)The order shall be provided in the form of a written notice and shall include
(a)a statement of the reasons for the order; and
(b)the time and manner in which the order is to be carried out.
Measures taken by inspector
142.3(1)If a person does not comply with an order made under section 142.29 within the time specified, the inspector may, on their own initiative, take the measures specified in the order.
Recovery of Her Majesty’s costs
(2)Any portion of the reasonable costs incurred by Her Majesty in right of Canada in the taking of measures under subsection (1) constitutes a debt due to Her Majesty recoverable from the person in a court of competent jurisdiction.
Coordination
Activities — inspectors
142.31An inspector shall coordinate their activities with those of any inspector designated under Part 3 and any person designated for the purposes of verifying compliance or preventing non-compliance with any other Act of Parliament or territorial law so as to ensure efficiency and avoid duplication.
32(1)Subsection 143(1) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after paragraph (g):
(h)respecting the recovery of amounts and costs for the purposes of section 142.01, including prescribing the amounts, services and period for the purposes of that section and exempting any class of person or body that proposes to carry out the development from the application of that section; and
(i)establishing requirements respecting any consultation that may be undertaken under this Part, whether or not it is expressly provided for, with a first nation, the Tlicho First Nation, the Tlicho Government or an Aboriginal people who uses an area outside the Mackenzie Valley, including the manner in which it is to be conducted, and providing for the delegation of certain procedural aspects of that consultation.
2005, c. 1, s. 90(3)
(2)Subsection 143(2) of the Act is replaced by the following:
Consultation with Review Board
(2)Regulations may only be made under any of paragraphs (1)‍(a) and (d) to (i), and regulations made under paragraph (1)‍(b) or (c) may only be amended, following consultation by the federal Minister with the Review Board.
Consultation with boards established under Parts 3 and 4
(2.1)In addition, the federal Minister shall consult the boards established under Parts 3 and 4 before making or amending any regulations under paragraph (1)‍(i) that relate to any consultation undertaken by one of those boards in relation to a preliminary screening.
33The Act is amended by adding the following after section 143:
Incorporation by reference — limitation removed
143.1The limitation set out in paragraph 18.1(2)‍(a) of the Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to the powers to make regulations under this Part.
34The Act is amended by adding the following after section 144:
Prohibitions, Offences and Punishment
Obstruction
144.01It is prohibited to knowingly obstruct or hinder an inspector who is exercising their powers or performing their duties and functions under this Part.
False statements or information
144.02It is prohibited to knowingly make a false or misleading statement or knowingly provide false or misleading information in connection with any matter under this Part to any person who is exercising their powers or performing their duties and functions under this Part.
Offence
144.03(1)Every person or body that proposes to carry out a development and that contravenes section 117.1 and every person who contravenes subsection 142.23(3) or an order made under subsection 142.29(1) is guilty of an offence and is liable on summary conviction
(a)for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and
(b)for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both.
Obstruction or false statements or information
(2)Every person who contravenes section 144.01 or 144.02 is guilty of an offence and is liable on summary conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both.
Continuing offences
(3)An offence under subsection (1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.
Due diligence defence
(4)No one is to be convicted of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
Limitation period or prescription
144.04No proceedings in respect of an offence under this Part are to be instituted more than five years after the day on which the federal Minister becomes aware of the acts or omissions that constitute the alleged offence.
Admissibility of evidence
144.05(1)In proceedings for an offence under this Part, a certificate, report or other document of the federal Minister, the Review Board, a regulatory authority, a designated regulatory agency or an inspector that is purported to have been signed by that person, board or authority is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.
Copies and extracts
(2)In proceedings for an offence under this Part, a copy of or an extract from any document that is made by the federal Minister, the Review Board, a regulatory authority, a designated regulatory agency or an inspector that appears to have been certified under the signature of that person, board or authority as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.
Presumed date of issue
(3)A document referred to in this section is, in the absence of evidence to the contrary, presumed to have been issued on the date that it bears.
Notice
(4)No document referred to in this section is to be received in evidence unless the party intending to produce it has provided reasonable notice of that intention to the party against whom it is intended to be produced together with a copy of the document.
35The Act is amended by adding the following before Part 6:
PART 5.1
Administrative Monetary Penalties
Interpretation
Definitions
144.1The following definitions apply in this Part.
board has the same meaning as in section 51 or subsection 96(1), as the case may be.‍ (office)
inspector means a person designated as an inspector under section 84 or 142.24.‍ (inspecteur)
management area has the same meaning as in section 51.‍ (zone de gestion)
penalty means an administrative monetary penalty imposed under this Part for a violation.‍ (pénalité)
review body means
(a)with respect to a violation relating to Part 3 that is designated as such by a regulation made under paragraph 144.11(1)‍(a),
(i)the Gwich’in Land and Water Board, if the violation was committed in its management area,
(ii)the Sahtu Land and Water Board, if the violation was committed in its management area,
(iii)the Wekeezhii Land and Water Board, if the violation was committed in its management area, or
(iv)the Mackenzie Valley Land and Water Board, if the violation was committed in an area outside any management area;
(b)despite subparagraphs (a)‍(i) to (iii), the Mackenzie Valley Land and Water Board, if the violation relating to Part 3 that was committed in a management area is a failure to comply with a term or condition of any licence, permit or other authorization issued by that Board or a contravention of any order, direction or decision made or given in relation to such a licence, permit or other authorization; and
(c)with respect to a violation relating to Part 5 that is designated as such by a regulation made under paragraph 144.11(1)‍(a), the federal Minister. (réviseur)
Federal Minister’s Powers
Regulations
144.11(1)The federal Minister may, with the approval of the Governor in Council and following consultation with the Gwich’in and Sahtu First Nations and the Tlicho Government, make regulations for the purposes of sections 144.12 to 144.31, including regulations
(a)designating as a violation that may be proceeded with in accordance with this Act
(i)the contravention of any specified provision of this Act or of any of its regulations,
(ii)the contravention of any order, direction or decision, whether of a specified class or not, made or given under this Act, or
(iii)the failure to comply with a term or condition, whether of a specified class or not, of any licence, permit or other authorization or development certificate or amended development certificate issued under this Act;
(b)respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation;
(c)establishing the form and content of notices of violation;
(d)respecting the service of documents required or authorized under this Act, including the manner and proof of service and the circumstances under which documents are presumed to be served;
(e)respecting the review by a review body in respect of a notice of violation; and
(f)respecting the publication of the nature of a violation, the name of the person who committed it and the amount of the penalty.
Maximum amount of penalty
(2)The amount that may be determined under any regulations made under paragraph (1)‍(b) as the penalty for each violation shall not be more than $25,000 in the case of an individual, and $100,000 in the case of any other person.
Violations
Who may issue notices
144.12Inspectors are authorized to issue notices of violation.
Violation and penalty
144.13(1)Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 144.11(1)‍(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations.
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.
144.14If a corporation commits a violation, any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty in the amount that is determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act.
Proof of violation
144.15In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent or mandatary of the person, whether or not the employee or the agent or mandatary is identified or proceeded against in accordance with this Act.
Issuance and service of notice of violation
144.16(1)If an inspector has reasonable grounds to believe that a person has committed a violation, the inspector may issue a notice of violation and cause it to be served on the person.
Contents
(2)The notice of violation shall
(a)name the person who is believed to have committed the violation;
(b)set out the relevant facts of the violation;
(c)set out the amount of the penalty;
(d)inform the person of their right to request a review with respect to the facts of the violation or the amount of the penalty, and of the period within which that right shall be exercised;
(e)inform the person of the time and manner of paying the penalty; and
(f)inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they are considered to have committed the violation and are liable to the penalty.
Copy of notice of violation
(3)The inspector shall, without delay after issuing the notice of violation, provide a copy of it,
(a)with respect to a violation relating to Part 3, to the board that may act as the review body and the federal Minister; or
(b)with respect to a violation relating to Part 5, to the federal Minister and
(i)the board that has jurisdiction over a management area, if the development is carried out wholly within that management area; or
(ii)the board established under Part 4, if the development is carried out in more than one management area, in a management area and an area outside any management area, or wholly outside any management area.
Rules About Violations
Certain defences not available
144.17(1)A person named in a notice of violation does not have a defence by reason that the person
(a)exercised due diligence to prevent the commission of the violation; or
(b)reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.
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
144.18A 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
144.19(1)Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act.
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
144.2No notice of violation is to be issued more than two years after the day on which the federal Minister becomes aware of the acts or omissions that constitute the alleged violation.
Reviews
Request for review
144.21A person who is served with a notice of violation may, within 30 days after the notice is served or within any longer period prescribed by the regulations, make a request to the review body for a review of the facts of the violation or the amount of the penalty, or both.
Correction or cancellation of notice of violation
144.22At any time before a request for a review in respect of a notice of violation is received by the review body, an inspector may cancel the notice of violation or correct an error in it.
Review
144.23On receipt of a request for a review in respect of a notice of violation, the review body shall conduct the review.
Witnesses
144.24(1)If the review body is a board, it may, when conducting its review, summon any person to appear as a witness and order the witness to give evidence orally or in writing and produce any documents and things that it considers necessary for the purpose of the review.
Enforcement of summonses and orders
(2)Any summons issued or order made under subsection (1) may be made a summons or an order of the Federal Court or of the superior court of a province and is enforceable in the same manner as a summons or an order of that court.
Procedure
(3)To make a summons issued or an order made under subsection (1) a summons or an order of the Federal Court or of the superior court of a province, the usual practice and procedure of the court in such matters may be followed or a certified copy of the summons or order may be filed with the court’s registrar and the summons or order then becomes a summons or an order of that court.
Fees for witnesses
(4)A witness who is served with a summons is entitled to receive the fees and allowances to which persons who are summoned to appear as witnesses before the Federal Court are entitled.
Determination
144.25(1)The review body shall determine, as the case may be, whether the person committed the violation or whether the amount of the penalty for the violation was determined in accordance with the regulations, or both.
Correction of penalty
(2)If the review body determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the review body shall correct it.
Review of facts — burden of proof
(3)If the facts of a violation are reviewed, the inspector who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it.
Written reasons
(4)The review body shall make a determination in writing, with reasons, and cause it to be served on the person who requested the review.
Determination final — board
(5)A determination made under this section by a board acting as a review body is final and binding and, except for judicial review under section 32, is not subject to appeal or to review by any court.
Determination final — federal Minister
(6)A determination made under this section by the federal Minister acting as a review body is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.
Liability
(7)If the review body determines that the person who requested the review committed the violation, the person who requested the review is liable to the penalty as set out in the determination.
Copy of determination
(8)The review body shall, without delay after making the determination, provide a copy of it to
(a)the federal Minister, if the review body is a board; or
(b)the board to which a copy of the notice of violation was provided under subsection 144.16(3), if the review body is the federal Minister.
Responsibility
Payment
144.26If 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
144.27A person who neither pays the penalty within the period set out in the notice of violation — nor requests a review within the period referred to in section 144.21 — is considered to have committed the violation and is liable to the penalty.
Recovery of Penalties
Debt due to Her Majesty
144.28(1)A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
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
144.29(1)The federal Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 144.28(1).
Registration
(2)Registration in any court of competent jurisdiction of a certificate of non-payment has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.
General
Authenticity of documents
144.3In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 144.16(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.
Publication related to violation
144.31(1)Subject to subsection (2) and any regulations, the board that received a copy of the notice of violation under subsection 144.16(3) — whether acting as a review body or not — may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.
Restriction of publication
(2)The board may only make that information public if
(a)the person named in the notice of violation has paid the penalty set out in the notice;
(b)the person has not requested a review within the period referred to in section 144.21; or
(c)the review body has determined that the person who requested the review committed the violation.
PART 5.2
Regional Studies
Committee Studying Impact of Works and Activities
Establishment
144.32(1)The federal Minister may establish a committee to conduct a study of the impact of existing or future works or activities carried out in a region of the Mackenzie Valley.
Appointment of members
(2)The federal Minister shall appoint one or more persons as members of the committee.
Mandate
(3)The federal Minister shall establish the committee’s terms of reference after seeking and considering the advice of the territorial government and, if the study examines works or activities affecting any first nation or the Tlicho First Nation, the advice of that first nation or the Tlicho Government, as the case may be.
Conflict of interest
144.33(1)A person shall not be appointed, or continue, as a member of the committee if doing so would place them in a material conflict of interest.
Status or entitlements under agreement
(2)A person is not placed in a material conflict of interest merely because of any status or entitlement conferred on them under the Gwich’in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and Her Majesty in right of Canada for the settlement of a land claim.
Other participants in study
144.34The federal Minister, if he or she considers it appropriate, may enter into an agreement or arrangement with any person or body that possesses knowledge or expertise that is relevant to the study to participate in the study.
Elements to consider
144.35In conducting its study, the committee shall consider any traditional knowledge and scientific information that is made available to it.
Information
144.36Subject to any other federal or territorial law, the committee may obtain, from any board established by this Act or from any department or agency of the federal or territorial government, any information in the possession of the board, department or agency that is required for it to conduct its study.
Joint Committee
Establishment
144.37If the federal Minister is of the opinion that it is appropriate to conduct a study of the impact of existing or future works or activities carried out in a region of the Mackenzie Valley and in a region contiguous to it, the federal Minister may enter into an agreement or arrangement with an authority responsible for the examination of environmental effects in that region respecting the establishment of a joint committee to conduct the study and the manner in which the study is to be conducted.
Report
Report to federal Minister
144.38On completion of its study, the committee or joint committee shall provide a report to the federal Minister, who shall make it available to the public.
Consideration of report
144.39The report must be considered in the exercise or performance under this Act of any powers, duties or functions of the boards established under subsections 36(1), 38(1), 54(1), 56(1), 57.1(1) and 99(1), the Mackenzie Valley Environmental Impact Review Board, its review panels, or a review panel or a joint panel established jointly by the Review Board and any other person or body, and of any body conducting a preliminary screening of a proposal for a development under section 124.

Transitional Provisions

Definition of other Act
36(1)In this section, other Act means the Mackenzie Valley Resource Management Act.
Ongoing proposals for development
(2)Part 5 of the other Act, as it read immediately before the day on which section 22 comes into force, continues to apply to a proposal for development, as defined in subsection 111(1) of the other Act, that, immediately before that day, was being considered by any of the following:
(a)a designated regulatory agency, as defined in that subsection 111(1), for the purposes of sections 131 and 137 of the other Act, as those sections 131 and 137 read immediately before that day;
(b)the Tlicho Government, as defined in section 2 of the other Act, for the purposes of sections 131.1 and 137.1 of the other Act, as those sections 131.1 and 137.1 read immediately before that day;
(c)the federal Minister, as defined in section 2 of the other Act, and any responsible minister, as defined in that subsection 111(1);
(d)the Mackenzie Valley Environmental Impact Review Board or one of its panels; or
(e)a joint panel established under subsection 140(2) or paragraph 141(2)‍(b) or (3)‍(a) of the other Act or a review panel referred to in subsection 41(2) of the Canadian Environmental Assessment Act, 2012.

Consequential Amendments

2014, c. 2

Northwest Territories Devolution Act

37Section 112 of the Northwest Territories Devolution Act is repealed.
38Subsection 115(2) of the Act is repealed.
39Sections 117 to 122 of the Act are repealed.
40Section 127 of the Act is repealed.
41(1)Subsection 128(2) of the Act is repealed.
(2)Subsection 128(4) of the Act is repealed.
42(1)Subsection 132(1) of the Act is repealed.
(2)Subsection 132(3) of the Act is repealed.
43Sections 133 and 134 of the Act are repealed.
44Subsection 135(2) of the Act is repealed.
45Sections 136 and 137 of the Act are repealed.
46Subsection 141(2) of the Act is repealed.
47Subsection 142(1) of the Act is repealed.
48Sections 143 and 144 of the Act are repealed.
49Sections 146 to 162 of the Act are repealed.
50Sections 164 to 172 of the Act are repealed.
51Subsection 174(2) of the Act is repealed.
52Subsection 175(2) of the Act is repealed.
53Section 176 of the Act is repealed.
54Sections 178 to 181 of the Act are repealed.
55Sections 183 and 184 of the Act are repealed.
56Section 186 of the Act is repealed.
57Section 191 of the Act is repealed.
58Section 193 of the Act is repealed.
59Subsection 199(2) of the Act is repealed.
60Section 200 of the Act is repealed.
61Sections 203 to 205 of the Act are repealed.
62Section 207 of the Act is repealed.
63Subsection 208(5) of the Act is repealed.
64Subsection 209(2) of the Act is repealed.
65Sections 210 and 211 of the Act are repealed.
66(1)Subsection 214(1) of the Act is repealed.
(2)Subsection 214(4) of the Act is repealed.
67Subsection 215(2) of the Act is repealed.
68Section 216 of the Act is repealed.
69Section 218 of the Act is repealed.
70Subsection 219(3) of the Act is repealed.
71Subsection 222(4) of the Act is repealed.
72Subsection 223(6) of the Act is repealed.
73(1)Subsection 224(1) of the Act is repealed.
(2)Subsection 224(3) of the Act is repealed.
74Section 225 of the Act is repealed.
75(1)Subsections 226(2) and (3) of the Act are repealed.
(2)Subsection 226(5) of the Act is repealed.
76Sections 227 to 231 of the Act are repealed.
77Sections 238 to 240 of the Act are repealed.
78Sections 242 to 246 of the Act are repealed.
79Section 251 of the Act is repealed.
80Subsections 253(2) to (4) of the Act are repealed.
2005, c. 1

Tlicho Land Claims and Self-Government Act

81Section 95 of the Tlicho Land Claims and Self-Government Act is repealed.
2015, c. 24

Déline Final Self-Government Agreement Act

82Section 42 of the Déline Final Self-Government Agreement Act is repealed.

Coordinating Amendments

Bill C-69
83(1)Subsections (2) to (8) apply if Bill C-69, introduced in the 1st session of the 42nd Parliament and entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent.
(2)If section 188 of the other Act comes into force before section 36 of this Act, then paragraph 36(2)‍(e) of this Act is replaced by the following:
(e)a joint panel established under subsection 140(2) or paragraph 141(2)‍(b) or (3)‍(a) of the other Act or a review panel referred to in subsection 40(2) of the Impact Assessment Act.
(3)If section 188 of the other Act comes into force on the same day as section 36 of this Act, then that section 36 is deemed to have come into force before that section 188.
(4)If section 38 of this Act comes into force before section 184 of the other Act, then that section 184 is deemed never to have come into force and is repealed.
(5)If section 38 of this Act comes into force on the same day as section 184 of the other Act, then that section 184 is deemed to have come into force before that section 38.
(6)If section 38 of this Act comes into force before section 192 of the other Act, then that section 192 is deemed never to have come into force and is repealed.
(7)If section 192 of the other Act comes into force before section 38 of this Act, then that section 192 is repealed.
(8)If section 38 of this Act comes into force on the same day as section 192 of the other Act, then that section 192 is deemed never to have come into force and is repealed.

Coming into Force

Order in council
84Sections 1, 13, 15, 16, 18 to 29, 31 and 34 come into force on a day or days to be fixed by order of the Governor in Council.
PART 2
1985, c. 36 (2nd Supp.‍)

Canada Petroleum Resources Act

Amendments to the Act

85(1)The portion of subsection 12(1) of the Canada Petroleum Resources Act before paragraph (a) is replaced by the following:
Orders to prohibit activities in certain circumstances
12(1)The Governor in Council may, by order, prohibit any interest owner or any other person from commencing or continuing any work or activity authorized under the Canada Oil and Gas Operations Act on the frontier lands, or any portion of them, if the Governor in Council considers that it is in the national interest to do so or that it is necessary in any of the following circumstances:
(2)The portion of subsection 12(1) of the English version of the Act after paragraph (c) is repealed.

Coordinating Amendments

Bill C-55
86(1)Subsections (2) to (6) apply if Bill C-55, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Oceans Act and the Canada Petroleum Resources Act (in this section referred to as the “other Act”), receives royal assent.
(2)If subsection 85(1) of this Act comes into force before subsection 19(1) of the other Act, then that subsection 19(1) is deemed never to have come into force and is repealed.
(3)If subsection 85(1) of this Act comes into force on the same day as subsection 19(1) of the other Act, then that subsection 19(1) is deemed to have come into force before that subsection 85(1).
(4)If subsection 85(2) of this Act comes into force before subsection 19(3) of the other Act, then that subsection 19(3) is deemed never to have come into force and is repealed.
(5)If subsection 19(3) of the other Act comes into force before subsection 85(2) of this Act, then that subsection 85(2) is deemed never to have come into force and is repealed.
(6)If subsection 85(2) of this Act comes into force on the same day as subsection 19(3) of the other Act, then that subsection 85(2) is deemed never to have come into force and is repealed.
Published under authority of the Speaker of the House of Commons



explanatory notes

Mackenzie Valley Resource Management Act
Clause 1:Existing text of section 7.2:
7.2For greater certainty, nothing in this Act, the regulations or a licence or permit, as defined in section 51, authorizes a person to contravene or fail to comply with any other Act or any regulation or order made under it, except as provided in that other Act, regulation or order.
Clause 2:Existing text of section 15:
15Despite any provision of this Act respecting members of a board, if an aboriginal people has a right under a land claim agreement to representation on that board in relation to a decision of the board that might affect an area used by that aboriginal people that is outside the board’s area of jurisdiction, the board shall, in accordance with that land claim agreement, determine how to implement that right.
Clause 3:New.
Clause 4:Existing text of section 67:
67Subject to sections 32 and 72.13, or any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of a board is final and binding.
Clause 5:New.
Clause 6:Existing text of section 82:
82The federal Minister shall consult the boards with respect to the amendment of this Act or the making or amendment of any instrument under this Act.
Clause 7:Existing text of subsections 85(4) to (6):
(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.
(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.
(6)An inspector shall, if it is reasonable to do so, give the Déline Got’ine Government prior notice of entry by the inspector on Déline lands.
Clause 8:New.
Clause 9:Existing text of subsection 96(4):
(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).
Clause 10:Existing text of subsection 99(3):
(3)The provisions of Part 1 respecting the appointment, tenure and removal from office of members of a board and respecting the chairperson of a board, and the provisions of Part 3 respecting the appointment of members of a board, the quorum of a board and its main office, continue to apply to a regional panel.
Clause 11:New.
Clause 12:New.
Clause 13:Existing text of section 111.1:
111.1The 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.
Clause 14:New.
Clause 15:New.
Clause 16:New.
Clause 17: (1) and (2)New.
Clause 18:Existing text of section 129:
129Where the Review Board makes a determination under paragraph 128(1)‍(a),
(a)a regulatory authority, a designated regulatory agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development, and
(b)where no licence, permit or 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 expiration of ten days after receiving the report of the Review Board.
Clause 19:Existing text of subsection 130(5):
(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 to the extent of their respective authorities.
Clause 20:New.
Clause 21:New.
Clause 22:New.
Clause 23: (1)Existing text of subsection 136(1):
136(1)The federal Minister shall distribute a decision under section 135 to every first nation, local government, regulatory authority and department or agency of the territorial or federal government affected by the decision.
(2)Existing text of subsection 136(2):
(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 to the extent of their respective authorities.
Clause 24:New.
Clause 25:New.
Clause 26:New.
Clause 27:Existing text of subsection 138(2):
(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 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.
Clause 28:Existing text of subsection 140(4):
(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 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.
Clause 29:Existing text of subsection 141(6):
(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 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.
Clause 30:New.
Clause 31:New.
Clause 32: (1)Relevant portion of subsection 143(1):
143(1)The Governor in Council may, following consultation by the federal Minister with the territorial Minister, first nations and the Tlicho Government, make regulations for carrying out the purposes and provisions of this Part and, in particular, regulations
(2)Existing text of subsection 143(2):
(2)Regulations may only be made under paragraph (1)‍(a), (d), (e), (f) or (g), or amended under paragraph (1)‍(b) or (c), following consultation by the federal Minister with the Review Board.
Clause 33:New.
Clause 34:New.
Clause 35:New.
Northwest Territories Devolution Act
Clause 37:Text of section 112:
112The first paragraph of the preamble to the Mackenzie Valley Resource Management Act is replaced by the following:
WHEREAS the Gwich’in Comprehensive Land Claim Agreement and the Sahtu Dene and Metis Comprehensive Land Claim Agreement require the establishment of land use planning boards for the settlement areas referred to in those Agreements and the establishment of an environmental impact review board for the Mackenzie Valley, and provide as well for the establishment of a land and water board for an area that includes those settlement areas;
Clause 38:Text of subsection 115(2):
(2)Subsection 5.2(1) of the Act is replaced by the following:
5.2(1)The failure of any of the following to exercise a power or perform a duty or function within a period or time limit fixed or prescribed under this Act does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise of such a power or the performance of such duty or function:
(a)the federal Minister;
(b)the Gwich’in Land Use Planning Board;
(c)the Sahtu Land Use Planning Board;
(d)the Mackenzie Valley Land and Water Board;
(e)a responsible minister, as defined in section 111;
(f)the Mackenzie Valley Environmental Impact Review Board or one of its panels;
(g)a joint panel established under subsection 140(2) or paragraph 141(2)‍(b) or (3)‍(a) or a review panel referred to in subsection 41(2) of the Canadian Environmental Assessment Act, 2012; and
(h)a designated regulatory agency, as defined in section 111.
Clause 39:Text of sections 117 to 122:
117Section 7.2 of the Act is replaced by the following:
7.2For greater certainty, nothing in this Act, the regulations, a licence or permit, as defined in section 51, or a development certificate issued under section 131.3 or 137.4 or an amended certificate issued under subsection 142.21(17) authorizes a person to contravene or fail to comply with any other Act or any regulation or order made under it, except as provided in that other Act, regulation or order.
118Section 9 of the Act is replaced by the following:
9In this Part, “board” means any board established or continued by this Act.
119Section 11 of the Act is replaced by the following:
11(1)The members of a board — other than the chairperson, any member appointed under a determination under section 15 and the member appointed by the Tlicho Government under paragraph 54(2)‍(d) or in accordance with an agreement referred to in that paragraph — shall be appointed by the federal Minister in accordance with Parts 2 to 5.
(2)The federal Minister may appoint
(a)alternate members selected from persons nominated for that purpose by a first nation, or selected following consultation with first nations, to act in the event of the absence or incapacity of members appointed on such nomination or following such consultation, respectively; and
(b)alternate members agreed to by the territorial Minister to act in the event of the absence or incapacity of members other than members referred to in paragraph (a).
120Section 12 of the Act is replaced by the following:
12(1)Except in the case of the Mackenzie Valley Land and Water Board, the chairperson of a board shall be appointed by the federal Minister from persons nominated by a majority of the members.
(2)Except in the case of the Mackenzie Valley Land and Water Board, if a majority of the members does not nominate a person acceptable to the federal Minister within a reasonable time, the Minister may appoint any person as chairperson of the board.
(2.1)Subject to subsection 54(3), the chairperson of the Mackenzie Valley Land and Water Board shall be appointed by the federal Minister after the Minister seeks and considers the advice of that Board.
(2.2)Despite subsection (2.1), the federal Minister is not required to seek and consider the advice of the Mackenzie Valley Land and Water Board with respect to the first appointment of a chairperson of that Board after the day on which this subsection comes into force.
(3)Except in the case of the Mackenzie Valley Land and Water Board, a board may designate a member to act as its chairperson during the absence or incapacity of the chairperson or a vacancy in the office of chairperson, and that person while so acting may exercise the powers and shall perform the duties and functions of the chairperson.
(4)The federal Minister may designate a member to act as chairperson of the Mackenzie Valley Land and Water Board during the absence or incapacity of the chairperson or a vacancy in the office of chairperson, and that person while so acting may exercise the powers and shall perform the duties and functions of the chairperson.
121Subsection 14(4) of the Act is replaced by the following:
(4)The member of the Mackenzie Valley Land and Water Board who has been appointed by the Tlicho Government may not be removed from office except after consultation by the Tlicho Government with the Board and the federal Minister.
122Section 15 of the Act is replaced by the following:
15Despite any provision of this Act respecting members of a board, if an aboriginal people has a right under a land claim agreement to representation on that board in relation to a decision of the board that might affect an area used by that aboriginal people that is outside the board’s area of jurisdiction, the board shall, in accordance with that land claim agreement, determine how to implement that right, so long as the number of members nominated by a first nation, nominated or appointed by the Tlicho Government, as the case may be, or appointed following consultation by the federal Minister with the first nations of the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii and temporarily appointed to implement that right remains equal to the number of other members not including the chairperson.
Clause 40:Text of section 127:
127Section 25 of the Act is replaced by the following:
25In proceedings before a board continued under Part 3 or established under Part 5, the board has the powers, rights and privileges of a superior court with respect to the attendance and examination of witnesses and the production and inspection of documents.
Clause 41: (1)Text of subsection 128(2):
128(2)Subsection 31(1) of the Act is replaced by the following:
31(1)Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules under section 30, a land use plan or amendment to a land use plan under Part 2, rules under subsection 49(2), guidelines or policies under section 65, policy directions under subsection 50.1(1) or 83(1) or (2), directions under section 106, policy directions under section 109 or 109.1 or subsection 142.2(1) or guidelines under section 120.
(2)Text of subsection 128(4):
128(4)Subsection 31(3) of the Act is replaced by the following:
(3)For greater certainty, licences and permits issued by a board under Part 3 or 4, as those Parts read before the coming into force of this subsection, as enacted by subsection 128(4) of the Northwest Territories Devolution Act, or by the Mackenzie Valley Land and Water Board under Part 3, are not statutory instruments as defined in the Statutory Instruments Act.
Clause 42: (1)Text of subsection 132(1):
132(1)The definition “management area” in section 51 of the Act is repealed.
(2)Text of subsection 132(3):
132(3)The definitions “board”, “licence” and “permit” in section 51 of the Act are replaced by the following:
“Board” means the Mackenzie Valley Land and Water Board continued by subsection 54(1).
“licence” means
(a)with respect to a federal area, a type A or type B licence permitting the use of waters or the deposit of waste, or both, issued by the Board under this Part; or
(b)with respect to lands outside a federal area, a type A or type B licence, or any other licence relating to the use of waters or the deposit of waste, or both, issued by the Board under this Part in accordance with any territorial law.
“permit” means a permit for the use of land issued by the Board under this Part.
Clause 43:Text of sections 133 and 134:
133Section 52 of the Act is replaced by the following:
52(1)This Part, except sections 78, 79, 79.2 and 79.3, does not apply in respect of the use of land or waters or the deposit of waste within a park or park reserve to which the Canada National Parks Act applies or within lands acquired under the Historic Sites and Monuments Act.
(2)Despite subsection (1), an authority responsible for authorizing uses of land or waters or deposits of waste in a portion of the Mackenzie Valley that is excluded by that subsection from the application of this Part shall consult the Board before authorizing any such use or deposit.
(3)The Board shall consult a responsible authority referred to in subsection (2) before issuing a licence, permit or other authorization for a use of land or waters or a deposit of waste that may have an effect in the portion of the Mackenzie Valley in which the authority is responsible.
134Subsections 53(2) and (3) of the Act are replaced by the following:
(2)The Board and the territorial Minister shall, in consultation with each local government, jointly determine the extent to which the local government regulates the use of land within its boundaries for the purposes of subsection (1).
(3)Every determination made under subsection (2) shall be made available to the public at the main office of the Board and that of the local government.
Clause 44:Text of subsection 135(2):
(2)Section 53.1 of the Act is replaced by the following:
53.1(1)If the Government of Canada becomes responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the Board in writing of the lands on which the waste site is situated.
(2)If the Government of Canada ceases to be responsible for the Management — as defined in the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013 — of a waste site, the federal Minister shall immediately notify the Board in writing.
Clause 45:Text of sections 136 and 137:
136The heading before section 54 and sections 54 to 57.2 of the Act are replaced by the following:
Mackenzie Valley Land and Water Board
54(1)The Mackenzie Valley Land and Water Board is continued.
(2)The Board shall consist of 11 members, including
(a)a chairperson;
(b)one member appointed on the nomination of the Gwich’in First Nation;
(c)one member appointed on the nomination of the Sahtu First Nation;
(d)one member appointed by the Tlicho Government, subject to any agreement between the Tlicho Government and an aboriginal people of Canada, other than the Tlicho First Nation, to whom section 35 of the Constitution Act, 1982 applies;
(e)two members appointed following consultation by the federal Minister with the first nations of the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii; and
(f)two members appointed on the nomination of the territorial Minister.
(3)The federal Minister and the Tlicho Government shall consult each other before making their appointments to the Board.
(4)A quorum of the Board consists of five members.
55The main office of the Board shall be at Yellowknife or at another place in the Mackenzie Valley that is designated by the Governor in Council.
56(1)The chairperson shall designate three Board members — including at least one member appointed under any of paragraphs 54(2)‍(b) to (e), and at least one member not so appointed — to dispose of an application made to the Board in respect of a licence, permit or other authorization for the use of land or waters or the deposit of waste.
(2)If the chairperson is of the opinion that it is necessary, the chairperson may designate additional Board members to dispose of the application under subsection (1).
(3)For the purposes of subsections (1) and (2), the chairperson shall, if it is reasonable to do so, designate,
(a)in the case of an application relating to the area described in appendix A to the Gwich’in Agreement, the member appointed under paragraph 54(2)‍(b);
(b)in the case of an application relating to the area described in appendix A to the Sahtu Agreement, the member appointed under paragraph 54(2)‍(c);
(c)in the case of an application relating to Wekeezhii, the member appointed under paragraph 54(2)‍(d); or
(d)in the case of an application relating to the regions of the Mackenzie Valley outside the settlement areas and Wekeezhii, at least one of the members appointed under paragraph 54(2)‍(e).
(4)A decision with respect to the application, made by a majority of the members so designated, is considered to be a decision of the Board.
57(1)If the chairperson is of the opinion that it is necessary for a member of the Board to continue to act after the expiry of that member’s term in order for the Board to make a decision in relation to the issuance, amendment, renewal or cancellation of a permit or licence, as the case may be, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that matter until a decision is made. For the purpose of the appointment of a replacement, their office is deemed to be vacant as soon as their term expires.
(2)The request shall be made at least two months before the day on which the member’s term expires.
(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.
137Sections 58 to 68 of the Act are replaced by the following:
58The Board shall regulate the use of land and waters and the deposit of waste so as to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit for present and future residents of the Mackenzie Valley in particular and Canadians generally.
59(1)The Board has jurisdiction in respect of all uses of land in the Mackenzie Valley for which a permit is required under this Part and may, in accordance with the regulations, issue, amend, renew, suspend and cancel permits and other authorizations for the use of land, and approve the assignment of permits.
(2)For greater certainty, the Board’s jurisdiction under subsection (1) includes a use of land that is required for the exercise of subsurface rights.
60(1)The Board has jurisdiction in respect of all uses of waters and deposits of waste in a federal area in the Mackenzie Valley for which a licence is required under this Part and may, in accordance with the regulations, issue, amend, renew and cancel licences and approve the assignment of licences.
(1.1)The Board has jurisdiction in respect of all uses of waters and deposits of waste on lands outside a federal area in the Mackenzie Valley for which a licence is required under any territorial law and may, in accordance with that law,
(a)issue, amend, renew, suspend and cancel licences and approve the assignment of licences;
(b)include in a licence any conditions it considers appropriate;
(c)determine the term of a licence;
(d)determine the appropriate compensation to be paid by an applicant for a licence, or by a licensee who applies for an amendment or renewal of their licence, to persons who would be adversely affected by the proposed use of waters or deposit of waste;
(e)require an applicant for a licence, a licensee or a prospective assignee of a licence to furnish and maintain security; and
(f)on the request of a person who is subject to an order made by an inspector, review that order and confirm, vary or revoke it.
(2)The Board may suspend a licence in respect of a federal area for a specified period or until terms and conditions specified by the Board are complied with, if the licensee contravenes a provision of this Part or a term or condition of the licence.
60.1In exercising its powers, the Board shall consider
(a)the importance of conservation to the well-being and way of life of the aboriginal peoples of Canada to whom section 35 of the Constitution Act, 1982 applies and who use an area of the Mackenzie Valley; and
(b)any traditional knowledge and scientific information that is made available to it.
61(1)The Board is not permitted to issue, amend or renew a licence, permit or other authorization that applies with respect to a settlement area except in accordance with an applicable land use plan under Part 2.
(2)The Board is not permitted to issue, amend or renew a licence, permit or other authorization that applies with respect to Wekeezhii except in accordance with any land use plan, established under a federal, territorial or Tlicho law, that is applicable to any part of Wekeezhii.
61.1The Board is not permitted to exercise its discretionary powers relating to the use of Tlicho lands except in accordance with any Tlicho laws enacted under 7.4.2 of chapter 7 of the Tlicho Agreement.
62The Board is not permitted to issue a licence, permit or other authorization for the carrying out of a proposed development within the meaning of Part 5 unless the requirements of that Part have been complied with, and every licence, permit or authorization so issued shall include any conditions that are required to be included in it under a decision made under that Part.
63(1)The Board shall provide a copy of each application made to the Board for a licence or permit to the owner of any land to which the application relates and to appropriate departments and agencies of the federal and territorial governments.
(2)The Board shall notify affected communities and first nations of an application made to the Board for a licence, permit or other authorization and allow a reasonable period of time for them to make representations to the Board with respect to the application.
(3)The Board shall notify the Tlicho Government of an application made to the Board for a licence, permit or other authorization for the use of land or waters or the deposit of waste in Wekeezhii and allow a reasonable period of time for it to make representations to the Board with respect to the application.
(4)The Board shall consult the Tlicho Government before issuing, amending or renewing any licence, permit or other authorization for a use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters.
64(1)The Board shall seek and consider the advice of any affected first nation — and, with respect to Wekeezhii, the Tlicho Government — and any appropriate department or agency of the federal or territorial government respecting the presence of heritage resources that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.
(2)The Board shall, with respect to a settlement area or Wekeezhii, seek and consider the advice of the renewable resources board established by the applicable land claim agreement respecting the presence of wildlife and wildlife habitat that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit.
65(1)Subject to the regulations, the Board may establish guidelines and policies respecting permits and other authorizations, including their issuance under this Part.
(2)Subject to the regulations and any territorial law, the Board may establish guidelines and policies respecting licences, including their issuance under this Part.
66The Board shall provide the federal Minister with copies of licences, permits and other authorizations issued under this Part and of decisions and orders relating to them.
67Subject to sections 32 and 72.13, or any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of the Board is final and binding.
68(1)A board shall maintain at its main office, in any form that is prescribed by the regulations, a register convenient for use by the public in which shall be entered, for each application received and each licence or permit issued, the information prescribed by the regulations.
(2)The register shall be open to inspection by any person during the board’s normal business hours, subject to the payment of any fee prescribed by the regulations.
(3)A board shall, on request and on payment of any fee prescribed by the regulations, make available copies of information contained in the register.
Cost Recovery
68.1(1)For the federal Minister to recover costs incurred in relation to the consideration of an application for a licence or for the amendment, renewal or cancellation of a licence, the applicant or a licensee shall pay to the federal Minister
(a)any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Board or of its members;
(b)any costs incurred by the Board for services that are prescribed by the regulations and that are provided to it by a third party; and
(c)any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister.
(2)The costs and amounts that a person is to pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
Clause 46:Text of subsection 141(2):
(2)Section 67 of the Act is replaced by the following:
67Subject to sections 32 and 72.13 and subsections 125(1.2) and (4), or any approval requirement under any territorial law with respect to the issuance, renewal, amendment or cancellation of a licence, every decision or order of the Board is final and binding.
Clause 47:Text of subsection 142(1):
142(1)The portion of section 69 of the Act before paragraph (a) is replaced by the following:
69Before issuing a permit for a use of land, the Board shall, with respect to conditions of the permit for the protection of the environment, consult
Clause 48:Text of sections 143 and 144:
143Section 70 of the Act is replaced by the following:
70The Board may, by instrument of delegation, specify permits from among a class prescribed by the regulations that an employee of the Board named in the instrument may issue, amend or renew and whose assignment the employee may approve.
144Subsections 71(1) to (3) of the Act are replaced by the following:
71(1)The Board may require, as a condition of a permit or as a condition of the assignment of a permit, that security be furnished to the federal Minister in a form prescribed by the regulations or a form satisfactory to the federal Minister and in an amount specified in, or determined in accordance with, the regulations.
(2)The federal Minister shall notify the Board of the furnishing of security so required.
(3)If damage to lands results from a permittee’s contravention of any provision of the regulations or a permit, the Board may request of the federal Minister that all or part of the security furnished by the permittee be applied toward the costs incurred in repairing the damage.
Clause 49:Text of sections 146 to 162:
146(1)Subsection 72.03(1) of the Act is replaced by the following:
72.03(1)Subject to this section, the Board may issue, in accordance with the criteria set out in the regulations made under paragraph 90.3(1)‍(c), type A licences and type B licences permitting the applicant for the licence, on payment of the fees prescribed by regulations made under paragraph 90.3(1)‍(k), at the times and in the manner prescribed by any applicable regulations made under subparagraph 90.3(1)‍(l) or, in the absence of such regulations, at the times and in the manner set out in the licence, to use waters or deposit waste, or both, in a federal area in connection with the operation of an appurtenant undertaking and in accordance with the conditions specified in the licence.
(2)Subsections 72.03(3) and (4) of the Act are replaced by the following:
(3)The Board shall not issue a licence in respect of a use of waters referred to in subsection 72(2).
(4)The Board shall not refuse to issue a licence merely because the use of waters or deposit of waste in respect of which the application for the licence is made is already authorized by regulations made under paragraph 90.3(1)‍(m) or (n).
(3)The portion of subsection 72.03(5) of the Act before paragraph (a) is replaced by the following:
(5)The Board shall not issue a licence in respect of a federal area unless the applicant satisfies the Board that
(4)The portion of paragraph 72.03(5)‍(b) of the Act before subparagraph (i) is replaced by the following:
(b)compensation that the Board considers appropriate has been or will be paid by the applicant to any other applicant who is described in clause (a)‍(i)‍(B) but to whom paragraph (a) does not apply, and to any of the following who were licensees, users, depositors, owners, occupiers or holders, whether in or outside the federal area to which the application relates, at the time when the applicant filed an application with the Board in accordance with the regulations made under paragraphs 90.3(1)‍(d) and (e), who would be adversely affected by the use of waters or the deposit of waste proposed by the applicant, and who have notified the Board within the time period stipulated in the notice of the application given under subsection 72.16(1):
(5)Subparagraphs 72.03(5)‍(c)‍(i) and (ii) of the Act are replaced by the following:
(i)water quality standards prescribed by regulations made under paragraph 90.3(1)‍(h) or, in the absence of such regulations, any water quality standards that the Board considers acceptable, and
(ii)effluent standards prescribed by regulations made under paragraph 90.3(1)‍(i) or, in the absence of such regulations, any effluent standards that the Board considers acceptable; and
(6)The portion of subsection 72.03(6) of the Act before paragraph (a) is replaced by the following:
(6)In determining the compensation that is appropriate for the purpose of paragraph (5)‍(b), the Board shall consider all relevant factors, including
147(1)The portion of subsection 72.04(1) of the Act before paragraph (a) is replaced by the following:
72.04(1)Subject to this Act and its regulations, the Board may include in a licence in respect of a federal area any conditions that it considers appropriate, including conditions
(2)The portion of subsection 72.04(2) of the Act before paragraph (a) is replaced by the following:
(2)In fixing the conditions of a licence, the Board shall make all reasonable efforts to minimize any adverse effects of the issuance of the licence on any of the following who would be adversely affected by the use of waters or deposit of waste proposed by the applicant, and who have notified the Board within the time period stipulated in the notice of the application given under subsection 72.16(1), whether they are in or outside the federal area to which the application relates, at the time when the Board is considering the fixing of those conditions:
(3)Subsections 72.04(3) to (5) of the English version of the Act are replaced by the following:
(3)If the Board issues a licence in respect of a federal area whose waters form part of a water quality management area designated under the Canada Water Act, it is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of the regulations made under paragraph 18(2)‍(a) of that Act with respect to those waters.
(4)If the Board issues a licence in respect of a federal area whose waters do not form part of a water quality management area designated under the Canada Water Act,
(a)if any regulations made under paragraph 90.3(1)‍(h) are in force for those waters, the Board is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are not based on the water quality standards prescribed for those waters by those regulations; and
(b)if any regulations made under paragraph 90.3(1)‍(i) are in force for those waters, the Board is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the effluent standards prescribed in relation to those waters by those regulations.
(5)If the Board issues a licence in respect of a federal area whose waters do not form part of a water quality management area designated under the Canada Water Act, and to which any regulations made under subsection 36(5) of the Fisheries Act apply, it is not permitted to include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of those regulations that relate to the deposit of deleterious substances as defined in subsection 34(1) of that Act.
148(1)The portion of subsection 72.05(1) of the Act before paragraph (a) is replaced by the following:
72.05(1)The Board shall not issue a licence in respect of a use of waters or a deposit of waste in a federal area that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, unless
(2)Subparagraph 72.05(1)‍(b)‍(i) of the Act is replaced by the following:
(i)on the request of the applicant or the designated Inuit organization, the Board has made a joint determination of the appropriate compensation with the Nunavut Water Board, or
(3)Subparagraph 72.05(1)‍(b)‍(ii) of the English version of the Act is replaced by the following:
(ii)if the Board and the Nunavut Water Board are unable to jointly determine compensation, a judge of the Nunavut Court of Justice has determined the compensation.
149Section 72.06 of the Act is replaced by the following:
72.06The Board shall not consider a request referred to in subparagraph 72.05(1)‍(b)‍(i) unless the requester has negotiated in good faith and has been unable to reach an agreement.
150Subsection 72.1(2) of the Act is replaced by the following:
(2)The Board shall require an applicant for a licence to provide the Board with the information and studies concerning the use of waters or deposit of waste proposed by the applicant that will enable the Board to evaluate any qualitative and quantitative effects of the use or deposit on waters.
151Subsection 72.11(1) of the Act is replaced by the following:
72.11(1)The Board may require an applicant for a licence that is to apply with respect to a federal area, a holder of such a licence or a prospective assignee of such a licence to furnish and maintain security with the federal Minister, in an amount specified in, or determined in accordance with, the regulations made under paragraph 90.3(1)‍(g) and in a form prescribed by those regulations or a form satisfactory to the federal Minister.
152(1)The portion of subsection 72.12(1) of the Act before paragraph (a) is replaced by the following:
72.12(1)Subject to subsections (2) and (3), the Board may
(2)The portion of paragraph 72.12(1)‍(a) of the English version of the Act before subparagraph (i) is replaced by the following:
(a)renew a licence, if the licensee applies for its renewal or if the renewal appears to the Board to be in the public interest, with or without changes to its conditions, for a term
(3)Subparagraph 72.12(1)‍(b)‍(iii) of the English version of the Act is replaced by the following:
(iii)in any other case, if the amendment appears to the Board to be in the public interest; and
(4)Subparagraph 72.12(1)‍(c)‍(iii) of the English version of the Act is replaced by the following:
(iii)in any other case, if the cancellation appears to the Board to be in the public interest.
153Section 72.13 of the Act is replaced by the following:
72.13The Board may issue, renew, amend or cancel — in respect of a federal area or lands outside a federal area — a type A licence, or a type B licence in connection with which a public hearing is held by the Board with respect to its issuance, renewal, amendment or cancellation, only with the approval of the federal Minister.
154(1)Subsection 72.14(1) of the Act is replaced by the following:
72.14(1)Any sale or other disposition of any right, title or interest, of a licensee who holds a licence in respect of a federal area, in an appurtenant undertaking constitutes, without further action by the licensee, an assignment of the licence to the person or persons to whom the sale or other disposition is made if the assignment of the licence was authorized by the Board.
(2)Subsection 72.14(2) of the Act is replaced by the following:
(2)The Board shall authorize the assignment of a licence if it is satisfied that neither the sale or other disposition of any right, title or interest of the licensee in the appurtenant undertaking at the time, in the manner and on the terms and conditions agreed to by the licensee, nor the operation of the appurtenant undertaking by the prospective assignee would be likely to result in a contravention of, or failure to comply with, any condition of the licence or any provision of this Act or the regulations.
155(1)The portion of subsection 72.15(1) of the Act before paragraph (a) is replaced by the following:
72.15(1)If the Board is satisfied that it would be in the public interest, it may hold a public hearing in connection with any matter relating to its objects, including, in respect of a federal area or lands outside a federal area,
(2)The portion of subsection 72.15(2) of the English version of the Act before paragraph (a) is replaced by the following:
(2)Subject to subsection (3), the Board shall hold a public hearing if it is considering, in respect of a federal area,
(3)Paragraphs 72.15(3)‍(a) to (c) of the Act are replaced by the following:
(a)if, after giving notice of a public hearing under section 72.16, the Board receives no notification on or before the 10th day before the day of the proposed hearing that any person or body intends to appear and make representations and the applicant or the licensee, as the case may be, consents in writing to the disposition of the matter without a public hearing;
(b)if, in the case of a renewal of a type A licence, the licensee has filed with the Board an application for renewal in accordance with the regulations made under paragraphs 90.3(1)‍(d) and (e) and the term of the renewal or renewals granted by the Board does not exceed 60 days in the aggregate; or
(c)if, in the case of an amendment to a type A licence under which the use, flow or quality of waters would be altered, the Board, with the consent of the federal Minister, declares the amendment to be required on an emergency basis.
156Sections 72.16 to 72.2 of the Act are replaced by the following:
72.16(1)Subject to subsection (4), the Board shall give notice of each application made to it — in respect of a federal area or lands outside a federal area — by publishing the application in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the Board considers appropriate.
(2)Subject to subsection (4), the Board shall give notice of a public hearing to be held by it by publishing a notice in a newspaper of general circulation in the area affected or, if there is not such a newspaper, in any other manner that the Board considers appropriate. The day fixed for the public hearing shall be at least 35 days after the day on which the requirements of this subsection have been met.
(3)Subject to subsection (4), if a public hearing is not held by the Board in connection with an application, the Board may not act on the application until at least 10 days after the requirements of subsection (1) have been met.
(4)Subsections (1) to (3) do not apply in respect of an application for the amendment of a licence if the Board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.
72.17(1)The Board shall give notice of its intention to consider, on its own initiative, the renewal of a licence under paragraph 72.12(1)‍(a), or the amendment of a condition of a licence under subparagraph 72.12(1)‍(b)‍(ii) or (iii), by publishing a notice in a newspaper of general circulation in the area affected or, if there is not such a newspaper, in any other manner that the Board considers appropriate.
(2)The Board shall give notice of its intention to consider, on its own initiative, the renewal, or the amendment of a condition, of a licence in respect of lands outside a federal area in accordance with any territorial law by publishing a notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in any other manner that the Board considers appropriate.
(3)Subsections (1) and (2) do not apply in respect of an application for the amendment of a licence if the Board, with the consent of the federal Minister in respect of a federal area or in accordance with any territorial law in respect of lands outside a federal area, declares the amendment to be required on an emergency basis.
72.18(1)With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or if the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 72.17(1) or (2).
(2)If the Board decides to issue, renew or amend the licence, that decision shall be immediately referred to the federal Minister for approval.
(3)The federal Minister shall, within 45 days after the Board’s decision is referred to him or her, notify the Board whether or not the decision is approved and, if it is not approved, provide written reasons in the notification.
(4)The federal Minister may extend the 45-day time limit by not more than an additional 45 days if he or she notifies the Board of the extension within the first 45 days.
(5)If the federal Minister does not notify the Board whether or not the decision is approved within the time limit referred to in subsection (3) or (4), whichever is applicable, the federal Minister is deemed to have given approval.
72.19With respect to a federal area or lands outside a federal area, on an application for the issuance, renewal or amendment of a type B licence in connection with which no public hearing is held or if the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 72.17(1) or (2).
72.2On an application for the issuance, renewal or amendment of a licence in respect of lands outside a federal area — other than a type A or type B licence — or, if the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 72.17(2).
157The portion of section 72.21 of the Act before paragraph (a) is replaced by the following:
72.21An application for the issuance, renewal or amendment of a licence is considered to be made on the day on which the Board is satisfied that the application is in the form, and contains all of the information,
158Subsection 72.22(1) of the Act is replaced by the following:
72.22(1)If the Board requires the applicant or the licensee to provide information or studies, then the period that is taken by that applicant or licensee, in the Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection 72.18(1), section 72.19 or 72.2 or of its extension.
159Section 72.23 of the Act is replaced by the following:
72.23The Board may suspend a time limit referred to in subsection 72.18(1) or section 72.19 or 72.2 or its extension
(a)if the Board determines that the applicant is required to pay compensation, or to enter into a compensation agreement, under subsection 72.03(5), until the applicant satisfies the Board that the compensation has been or will be paid or that they have entered into a compensation agreement, as the case may be;
(b)if the Board is not permitted to issue a licence except in accordance with subsection 72.05(1), until the applicant has entered into a compensation agreement under paragraph 72.05(1)‍(a) or until a determination of compensation has been made under paragraph 72.05(1)‍(b), as the case may be;
(c)if the Board is not permitted to issue a licence with respect to lands outside a federal area except in accordance with any compensation requirement under any territorial law, until the requirement has been fulfilled; or
(d)if the Board determines that the applicant is required to enter into a compensation agreement under section 77 or 79.1, until the applicant satisfies the Board that they have done so or the Board has determined, under section 79 or 79.3, the compensation payable by the applicant.
160Subsection 72.24(1) of the Act is replaced by the following:
72.24(1)The federal Minister may, at the request of the Board, extend the time limit referred to in subsection 72.18(1), section 72.19 or 72.2 by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.
161Section 72.25 of the Act is replaced by the following:
72.25The Board shall issue, and make available to the public, written reasons for its decisions or orders relating to any licence, or any application for a licence, in respect of a federal area or lands outside a federal area.
162Section 72.28 of the Act is replaced by the following:
72.28The Board shall provide the territorial Minister with copies of licences issued under this Part and of any decisions and orders relating to such licences.
Clause 50:Text of sections 164 to 172:
164The portion of section 76 of the Act before paragraph (a) is replaced by the following:
76The Board may issue, amend or renew a licence, permit or other authorization if the use of land or waters or the deposit of waste proposed by the applicant would, in the Board’s opinion, interfere with a first nation’s rights under section 75, if the Board is satisfied that
165The portion of section 77 of the Act before paragraph (a) is replaced by the following:
77The Board may issue, amend or renew a licence under section 76 only if
166(1)Subsections 78(1) and (2) of the Act are replaced by the following:
78(1)The Board shall notify a water authority in writing if the Board determines that a use of waters or a deposit of waste that is proposed, in an application made to the water authority, to be carried out in one of the places set out below would be likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through first nation lands of the Gwich’in or Sahtu First Nation or waters adjacent to those first nation lands:
(a)Nunavut or an area of the Northwest Territories outside the Mackenzie Valley;
(b)a park to which the Canada National Parks Act applies, or lands acquired under the Historic Sites and Monuments Act, in a settlement area.
(2)A water authority shall provide the Board with any information in its possession that the Board requires in order to make a determination under subsection (1).
(2)The portion of subsection 78(3) of the English version of the Act before paragraph (a) is replaced by the following:
(3)Despite any other Act, a water authority that is notified under subsection (1) is not permitted to authorize the proposed use of waters or deposit of waste unless
167(1)Subsection 79(1) of the Act is replaced by the following:
79(1)If a compensation agreement referred to in section 77 or 78, as the case may be, is not entered into within the period allowed by the rules of the Board, the applicant or the first nation may apply to the Board for a determination of compensation.
(2)The portion of subsection 79(2) of the Act before paragraph (a) is replaced by the following:
(2)On an application under subsection (1), the Board shall determine the compensation payable in respect of the proposed use of waters or deposit of waste, taking into consideration
(3)Paragraph 79(2)‍(d) of the English version of the Act is replaced by the following:
(d)any other factor that the Board considers relevant in the circumstances.
168The portion of section 79.1 of the Act before paragraph (a) is replaced by the following:
79.1The Board is not permitted to issue, amend or renew a licence for the use of waters or the deposit of waste if, in its opinion, that use or deposit is likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands unless
169The portion of subsection 79.2(1) of the Act before paragraph (a) is replaced by the following:
79.2(1)The Board shall notify a water authority in writing if the Board determines that a use of waters or a deposit of waste that is proposed, in an application made to the water authority, to be carried out in one of the places set out below would be likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands:
(a)Nunavut or an area of the Northwest Territories outside the Mackenzie Valley;
(b)a park to which the Canada National Parks Act applies, or lands acquired under the Historic Sites and Monuments Act, in Wekeezhii.
170Subsection 79.3(1) of the Act is replaced by the following:
79.3(1)If a compensation agreement referred to in paragraph 79.1(b) or 79.2(3)‍(a), as the case may be, is not entered into, the applicant or the Tlicho Government may, after having participated in mediation under chapter 6 of the Tlicho Agreement, apply to the Board for a determination of compensation.
171(1)The portion of subsection 80(3) of the Act before paragraph (a) is replaced by the following:
(3)On application by the person or department or agency requesting the supply or access, the Board shall
(2)Subsection 80(4) of the Act is replaced by the following:
(4)If first nation lands from which construction materials are requested are situated outside the first nation’s settlement area but within the Northwest Territories, the Board shall consult the resource management authority having jurisdiction in respect of those lands before making any determination under subsection (3).
172The portion of subsection 80.1(4) of the Act before paragraph (a) is replaced by the following:
(4)On application by any person, department, agency or government requesting the supply of, or access to, materials under subsection (1) and after the applicant has participated in mediation under chapter 6 of the Tlicho Agreement, the Board shall
Clause 51:Text of subsection 174(2):
(2)Section 82 of the Act is replaced by the following:
82The federal Minister shall consult the Board with respect to the amendment of this Act or the making or amendment of any instrument under this Act.
Clause 52:Text of subsection 175(2):
(2)Subsections 83(1) to (3) of the Act are replaced by the following:
83(1)The federal Minister may, after consultation with the Board and the Tlicho Government, give written policy directions that are binding on the Board with respect to the exercise of any of its functions under this Act.
(2)The Tlicho Government may, after consultation with the Board and the federal Minister, give written policy directions with respect to the exercise of any of the Board’s functions under this Part in relation to the use of Tlicho lands. Policy directions shall be binding on the Board to the extent that compliance with them does not require the Board to exceed its approved budget.
(3)Except as provided by subsection (4), policy directions do not apply in respect of any application that, at the time the directions are given, is pending before the Board or has been approved by the Board and is awaiting approval under section 72.13 or under any territorial law, as the case may be.
Clause 53:Text of section 176:
176The Act is amended by adding the following after section 83:
Recommendations
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.
(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
83.2If 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.
Clause 54:Text of sections 178 to 181:
178Subsection 85(4) of the Act is replaced by the following:
(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.
179Section 88 of the Act is replaced by the following:
88The 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.
181Sections 90.1 and 90.2 of the Act are replaced by the following:
90.01The 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.
90.02The 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.
90.1Even 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.
90.2Despite 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.
Clause 55:Text of sections 183 and 184:
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;
184The portion of section 91 of the Act before paragraph (a) is replaced by the following:
91The Board may make rules
Clause 56:Text of section 186:
186The portion of subsection 91.1(2) of the Act before paragraph (a) is replaced by the following:
(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,
Clause 57:Text of section 191:
191Subsections 93.1(1) and (2) of the Act are replaced by the following:
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.
(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.
Clause 58:Text of section 193:
193Part 4 of the Act is repealed.
Clause 59:Text of subsection 199(2):
(2)Section 111.1 of the Act is replaced by the following:
111.1The federal Minister shall exercise the powers and perform the duties and functions of any responsible minister who is a minister of the Crown in right of Canada for the purposes of subsections 130(1) to (3), sections 131.2, 135 and 137.2 and subsection 142.21(10).
Clause 60:Text of section 200:
200The Act is amended by adding the following after section 112:
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.
(2)The request shall be made at least two months before the day on which the member’s term expires.
(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.
Clause 61:Text of sections 203 to 205:
203The Act is amended by adding the following after section 117:
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 accordance 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.
(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).
(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):
(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.
(2)Subsection 124(4) of the Act is replaced by the following:
(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):
(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.
(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.
(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):
(3)If a body determines under subsection (2) that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern,
(a)a regulatory authority, a designated regulatory agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination; or
(b)if no licence, permit or other authorization is required under any federal, territorial or Tlicho law for the development, the person or body that proposes to carry it out shall not proceed before the end of 10 days after the day on which the Review Board receives the report of the determination.
(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.
(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.
(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.
Clause 62:Text of section 207:
207Section 129 of the Act is repealed.
Clause 63:Text of subsection 208(5):
(5)Subsection 130(5) of the Act is replaced by the following:
(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.
Clause 64:Text of subsection 209(2):
(2)Section 131 of the Act is amended by adding the following after subsection (1.6):
(1.7)The designated regulatory agency shall provide a decision made under subsection (1) to the Review Board.
Clause 65:Text of sections 210 and 211:
210Section 131.1 of the Act is amended by adding the following after subsection (3):
(4)The Tlicho Government shall provide a decision made under subsection (1) to the Review Board.
211The Act is amended by adding the following after section 131.2:
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 determination made under subsection 128(2); or
(b)the federal Minister and the responsible ministers adopt, under paragraph 130(1)‍(b), with or without modifications, the Review Board’s recommendation made under subparagraph 128(1)‍(b)‍(ii) and neither the designated regulatory agency nor the Tlicho Government reject that recommendation under paragraph 131(1)‍(b) or 131.1(1)‍(b), respectively.
(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.
(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 recommendation 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).
(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.
(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.
(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).
(7)Development certificates are not statutory instruments for the purposes of the Statutory Instruments Act.
131.4Each 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.
Clause 66: (1)Text of subsection 214(1):
214(1)Subsection 136(1) of the Act is replaced by the following:
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)Text of subsection 214(4):
(4)Subsection 136(2) of the Act is replaced by the following:
(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.
Clause 67:Text of subsection 215(2):
(2)Section 137 of the Act is amended by adding the following after subsection (1.5):
(1.6)The designated regulatory agency shall provide a decision made under subsection (1) to the Review Board.
Clause 68:Text of section 216:
216Section 137.1 of the Act is amended by adding the following after subsection (3):
(4)The Tlicho Government shall provide a decision made under subsection (1) to the Review Board.
Clause 69:Text of section 218:
218The Act is amended by adding the following after section 137.3:
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 recommendation under paragraph 137(1)‍(b) or 137.1(1)‍(b), respectively; or
(b)the federal Minister and the responsible ministers reject, under subsection 135(1), the review panel’s recommendation, set out in the report made under subsection 134(2), that the proposal for the development be rejected and, if applicable, the designated regulatory agency and the Tlicho Government reject that recommendation under paragraph 137(1)‍(b) or 137.1(1)‍(b), respectively.
(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.
(3)A development certificate shall set out the conditions that the person or body that proposes to carry out the development is to comply with, namely, the implementation of the following measures or programs:
(a)if the federal Minister and the responsible ministers agree to adopt, without modifications, a recommendation made under subsection 134(2) to approve the proposal for the development with mitigative or remedial measures or a follow-up program, the measures or 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 measures 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).
(4)A development certificate shall be issued within 30 days after the first day on which the Review Board has received all applicable decisions.
(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.
(6)The Review Board shall provide a copy of the development certificate to the federal Minister and to every first nation, local government, regulatory authority and department and agency referred to in subsection 136(2).
(7)Development certificates are not statutory instruments for the purposes of the Statutory Instruments Act.
Clause 70:Text of subsection 219(3):
(3)Subsection 138(2) of the Act is replaced by the following:
(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.
Clause 71:Text of subsection 222(4):
(4)Subsection 140(4) of the Act is replaced by the following:
(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.
Clause 72:Text of subsection 223(6):
223(6)Subsection 141(6) of the Act is replaced by the following:
(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.
Clause 73: (1)Text of subsection 224(1):
224(1)The Act is amended by adding the following after section 142:
Cost Recovery
142.01(1)For the federal Minister to recover costs incurred in the course of an environmental assessment, an environmental impact review or an examination — carried out by a review panel, or a joint panel, established jointly by the Review Board and any other person or body — that stands in lieu of an environmental impact review, the person or body that proposes to carry out the development shall pay to the federal Minister
(a)any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Review Board or its members or of members of the Review Board’s review panels or of a review panel or a joint panel;
(b)any costs incurred by the Review Board for services that are prescribed by the regulations and that are provided to it by a third party; and
(c)any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister.
(2)For the purposes of subsection (1), the services, powers, duties or functions described in that subsection are limited to those provided, exercised or performed
(a)during the period that begins when a proposed development is referred to the Review Board under section 125, or when a person or body that proposes to carry out a development is given notice under subsection 126(5), and ends when a copy of the final decision under the process set out in this Part is issued to that person or body; or
(b)during any period prescribed by the regulations that is within the period referred to in paragraph (a).
(3)The costs and amounts that a person or body that proposes to carry out a development must pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
(2)Text of subsection 224(3):
(3)The Act is amended by adding the following after section 142.2:
Amendment of Certificate
142.21(1)With the approval of the federal Minister, the Review Board may, on its own initiative or at the request of the person or body to which a development certificate was issued under section 131.3 or 137.4 or any interested person, examine the conditions of that certificate if
(a)the conditions are not achieving their intended purpose or are having effects that are significantly different from those anticipated at the time the certificate was issued;
(b)the circumstances relating to the development are significantly different from those anticipated at the time the certificate was issued; or
(c)technological developments or new information provides a more efficient method of achieving the intended purpose of the conditions.
(2)The Review Board shall examine the conditions set out in a development certificate that it has issued if the federal Minister is of the opinion that any of paragraphs (1)‍(a) to (c) applies and so advises the Review Board.
(3)The Review Board shall notify the person or body and the federal Minister in writing of an examination undertaken under subsection (1) or the person or body of an examination undertaken under subsection (2).
(4)The Review Board may conduct its examination of the conditions in the manner that it considers appropriate in the circumstances.
(5)Within five months after the day on which the federal Minister gives the Review Board his or her approval under subsection (1) or advises the Review Board of his or her opinion under subsection (2), the Review Board shall submit a written report to the federal Minister that contains
(a)an assessment of the conditions in force; and
(b)its recommendations as to the conditions that should apply in respect of the development.
(6)The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (5) by a maximum of two months to take into account circumstances that are specific to the development.
(7)The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (6) any number of times.
(8)If the Review Board requires the person or body to which the development certificate in question was issued to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the Review Board’s opinion, to comply with the requirement is not included in the calculation of the time limit or of its extension.
(9)The federal Minister shall distribute the Review Board’s report to every responsible minister.
(10)The federal Minister and the responsible ministers may agree, in respect of each recommendation in that report, either to
(a)accept it;
(b)refer it back to the Review Board for further consideration; or
(c)after consulting the Review Board, adopt it with modifications.
(11)The federal Minister shall distribute a decision made under subsection (10) to the Review Board and to every first nation, local government, regulatory authority and department and agency of the federal or territorial government affected by the decision.
(12)The federal Minister shall distribute a decision made under this section within three months after the day on which the federal Minister receives the Review Board’s report under subsection (5).
(13)The federal Minister may extend the time limit referred to in subsection (12) by a maximum of two months to take into account circumstances that are specific to the development.
(14)The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (13) any number of times.
(15)If a recommendation is referred back to the Review Board for further consideration under paragraph (10)‍(b), the time taken for that referral and consideration is included in the calculation of the time limit set out in subsection (12) or of its extension.
(16)If the federal Minister or the Review Board requires the person or body to which the development certificate in question was issued to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the federal Minister’s or the Review Board’s opinion, as the case may be, to comply with the requirement is not included in the calculation of the time limit under subsection (12) or of its extension.
(17)Within 30 days after the day on which the Review Board receives the decision under subsection (10), it shall issue an amended development certificate that sets out the conditions contained in that decision.
(18)Subsections 131.3(2), (6) and (7) or subsections 137.4(2), (6) and (7) apply, as the case may be, to an amended development certificate.
142.22Each regulatory authority shall, to the extent of its authority to do so, incorporate the conditions referred to in subsection 142.21(17) into any licence, permit or other authorization that it issues, amends or renews.
Developments Not Carried Out
142.23(1)A development certificate issued under section 131.3 or 137.4 ceases to be valid five years after the day on which it is issued, if the proposed development for which that certificate is issued is not commenced within those five years.
(2)An amended development certificate issued under subsection 142.21(17) expires five years after the day on which the development certificate in relation to that development is issued under section 131.3 or 137.4, as the case may be, if the proposed development for which the certificate is issued is not commenced within those five years.
(3)It is prohibited to carry out a proposed development, in whole or in part, if the development certificate or amended development certificate issued in relation to it has ceased to be valid.
(4)a development certificate or amended development certificate has ceased to be valid, the person or body that proposes to carry out the development may make a request to the Review Board that it conduct a new environmental assessment of the proposed development and, in that case, the proposal is deemed to be referred to the Review Board under section 125.
(5)In conducting the new environmental assessment, the Review Board shall consider, and may rely on, any assessment activities previously carried out under this Part in respect of the proposed development.
Administration and Enforcement
Designation
142.24The federal Minister may designate qualified persons, or classes of qualified persons, as inspectors to exercise powers relating to verifying compliance or preventing non-compliance with this Part or orders made under section 142.29.
Powers
142.25(1)An inspector may, for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 142.29, enter a place in which they have reasonable grounds to believe that a development is being carried out or a document or any thing relating to a development is located.
(2)The inspector may, for the purposes referred to in subsection (1),
(a)examine anything in the place;
(b)use any means of communication in the place or cause it to be used;
(c)use any computer system in the place or cause it to be used to examine data contained in or available to that system;
(d)prepare a document or cause one to be prepared based on the data;
(e)use any copying equipment in the place or cause it to be used;
(f)remove anything from the place for examination or copying;
(g)take photographs and make recordings or sketches;
(h)order the owner or person in charge of the place or any person at the place to establish their identity to the inspector’s satisfaction or to stop or start an activity;
(i)order the owner or person having possession, care or control of anything in the place to not move it or to restrict its movement for as long as, in the inspector’s opinion, is necessary;
(j)direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and
(k)prohibit or limit access to all or part of the place.
(3)The federal Minister shall provide every inspector with a certificate of designation. On entering any place, the inspector shall, if so requested, produce the certificate to the occupant or person in charge of the place.
(4)The owner or person in charge of the place and every person in it shall give all assistance that is reasonably required to enable the inspector to verify compliance or prevent non-compliance with this Part or orders made under section 142.29 and shall provide any documents, data or information that are reasonably required for that purpose.
(5)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.
(6)An inspector shall, if it is reasonable to do so, give the Tlicho Government prior notice of entry by the inspector on Tlicho lands.
142.26(1)If the place referred to in subsection 142.25(1) is a dwelling-house, the inspector may only enter it with the occupant’s consent or under the authority of a warrant issued under subsection (2).
(2)On ex parte application, a justice of the peace may issue a warrant authorizing the inspector who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that
(a)the dwelling-house is a place referred to in subsection 142.25(1);
(b)entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 142.29; and
(c)entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.
142.27(1)For the purpose of gaining entry to a place referred to in subsection 142.25(1), an inspector may enter and pass through private property. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.
(2)A person may, at the inspector’s request, accompany the inspector to assist them in gaining entry to the place referred to in subsection 142.25(1) and is not liable for doing so.
142.28In executing a warrant to enter a dwelling-house, an inspector shall not use force unless the use of force has been specifically authorized in the warrant and the inspector is accompanied by a peace officer.
Orders
142.29(1)If an inspector has reasonable grounds to believe that there is a contravention of this Part, they may, among other things, order a person to
(a)stop doing something that is in contravention of this Part or cause it to be stopped; or
(b)take any measure that is necessary in order for the person to comply with this Part or to mitigate the effects of the contravention.
(2)The order shall be provided in the form of a written notice and shall include
(a)a statement of the reasons for the order; and
(b)the time and manner in which the order is to be carried out.
142.3(1)If a person does not comply with an order made under section 142.29 within the time specified, the inspector may, on their own initiative, take the measures specified in the order.
(2)Any portion of the reasonable costs incurred by Her Majesty in right of Canada in the taking of measures under subsection (1) constitutes a debt due to Her Majesty recoverable from the person in a court of competent jurisdiction.
Coordination
142.31An inspector shall coordinate their activities with those of any inspector designated under Part 3 and any person designated for the purposes of verifying compliance or preventing non-compliance with any other Act of Parliament or territorial law so as to ensure efficiency and avoid duplication.
Clause 74:Text of section 225:
225Subsection 142.25(5) of the Act is replaced by the following:
(5)An inspector shall, if it is reasonable to do so, give the Gwich’in or Sahtu First Nation prior notice of entry by the inspector on its first nation lands.
Clause 75: (1)Text of subsections 226(2) and (3):
(2)Subsection 143(1) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after paragraph (g):
(h)respecting any consultation with a first nation, the Tlicho First Nation, the Tlicho Government or an aboriginal people who use an area outside the Mackenzie Valley that may occur under this Part, including the manner in which it is to be conducted, and providing for the delegation of certain procedural aspects of such consultation; and
(i)respecting the recovery of amounts and costs for the purposes of section 142.01, including prescribing anything that is to be prescribed by that section and exempting any class of person or body that proposes to carry out the development from the application of that section.
(3)Subsection 143(2) of the Act is replaced by the following:
(2)Regulations may only be made or amended under paragraph (1)‍(a), (d), (e), (f), (g), (h) or (i) or amended under paragraph (1)‍(b) or (c), following consultation by the federal Minister with the Review Board.
(2.1)In addition to the consultation referred to in subsection (2), the federal Minister shall consult the Mackenzie Valley Land and Water Board before making or amending any regulations under paragraph (1)‍(h) that relate to a preliminary screening by that Board.
(2)Text of subsection 226(5):
(5)Section 143 of the Act is amended by adding the following after subsection (3):
(4)A regulation made under this Part may incorporate by reference documents that are produced by a person other than the federal Minister or a body.
(5)A regulation made under this Part may incorporate by reference documents that the federal Minister reproduces or translates from documents produced by a body or person other than the federal Minister
(a)with any adaptations of form and reference that will facilitate their incorporation into the regulation; or
(b)in a form that sets out only the parts of them that apply for the purposes of the regulation.
(6)A regulation made under this Part may incorporate by reference documents that the federal Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws.
(7)A regulation made under this Part may incorporate by reference technical or explanatory documents that the federal Minister produces, including
(a)specifications, classifications, illustrations, graphs or other information of a technical nature; and
(b)test methods, procedures, operational standards, safety standards or performance standards of a technical nature.
(8)Documents may be incorporated by reference as amended from time to time.
(9)Subsections (4) to (8) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.
(10)The federal Minister shall ensure that any document that is incorporated by reference in the regulation is accessible.
(11)A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (10) or it was otherwise accessible to the person.
(12)For greater certainty, a document that is incorporated by reference in the regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
Clause 76:Text of sections 227 to 231:
227Subsection 144(1) of the Act is replaced by the following:
144(1)The Governor in Council may, by regulations made following consultation by the federal Minister with the territorial Minister, the Review Board, the first nations and the Tlicho Government, amend the schedule by adding, or by deleting, the name of any agency, other than the Mackenzie Valley Land and Water Board, that exercises regulatory powers under territorial or federal laws and that is not subject to specific control or direction by a minister of the federal or territorial government or the Governor in Council.
228The Act is amended by adding the following after section 144:
Prohibitions, Offences and Punishment
144.01It is prohibited to knowingly obstruct or hinder an inspector who is exercising their powers or performing their duties and functions under this Part.
144.02It is prohibited to knowingly make a false or misleading statement or knowingly provide false or misleading information in connection with any matter under this Part to any person who is exercising their powers or performing their duties and functions under this Part.
144.03(1)Every person or body that proposes to carry out a development and that contravenes section 117.1 and every person who contravenes subsection 142.23(3) or an order made under subsection 142.29(1) is guilty of an offence and is liable on summary conviction
(a)for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and
(b)for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both.
(2)Every person who contravenes section 144.01 or 144.02 is guilty of an offence and is liable on summary conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both.
(3)An offence under subsection (1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.
(4)No one is to be convicted of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
144.04No proceedings in respect of an offence under this Part are to be instituted more than five years after the day on which the federal Minister becomes aware of the acts or omissions that constitute the alleged offence.
144.05(1)In proceedings for an offence under this Part, a certificate, report or other document of the federal Minister, the Review Board, a regulatory authority, a designated regulatory agency or an inspector that is purported to have been signed by that person, board or authority is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.
(2)In proceedings for an offence under this Part, a copy of or an extract from any document that is made by the federal Minister, the Review Board, a regulatory authority, a designated regulatory agency or an inspector that appears to have been certified under the signature of that person, board or authority as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.
(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.
(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.
229The Act is amended by adding the following after section 144:
PART 5.1
REGIONAL STUDIES
144.1(1)The federal Minister may establish a committee to conduct a study of the effects of existing or future physical activities carried out in a region of the Mackenzie Valley.
(2)If the federal Minister establishes a committee, he or she shall establish its terms of reference and appoint as a member of the committee one or more persons.
144.2Before establishing the committee’s terms of reference, the federal Minister shall seek and consider the advice of the territorial government, any affected first nation and, if the study affects the Tlicho First Nation, the Tlicho Government.
144.3The federal Minister, if he or she considers it appropriate, may enter into an agreement or arrangement with any person or body with relevant knowledge or expertise with respect to their participation in the committee’s study.
144.4If the federal Minister is of the opinion that it is appropriate to conduct a study of the effects of existing or future physical activities carried out in a region of the Mackenzie Valley and in a region contiguous to it, the federal Minister may enter into an agreement or arrangement with an authority responsible for the examination of environmental effects in that region respecting the joint establishment of a committee to conduct the study and the manner in which the study is to be conducted.
144.5In conducting its study, the committee shall consider any traditional knowledge and scientific information that is made available to it.
144.6Subject to any other federal or territorial law, a committee may obtain, from any board established or continued by this Act or from any department or agency of the federal or territorial government, any information in the possession of the board, department or agency that is required for it to conduct its study.
144.7On completion of its study, the committee established under subsection 144.1(1) or under an agreement or arrangement entered into under section 144.4 shall provide a report to the federal Minister, who shall make it available to the public.
144.8The Gwich’in Land Use Planning Board, the Sahtu Land Use Planning Board, the Mackenzie Valley Land and Water Board, the Mackenzie Valley Environmental Impact Review Board, its review panels, a review panel, or a joint panel established jointly by the Mackenzie Valley Environmental Impact Review Board and any other person or body, and any body conducting a preliminary screening of a proposal for a development under section 124 shall consider any report referred to in section 144.7.
144.9(1)A member of a committee shall not participate in a study if that participation would place the member in a material conflict of interest.
(2)A member of a committee is not placed in a material conflict of interest merely because of any status or entitlement conferred on the member under the Gwich’in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and Her Majesty in right of Canada for the settlement of a land claim.
230.Section 149 of the Act is replaced by the following:
149Subject to any other federal or territorial law, a responsible authority or a person or body that performs an environmental audit may obtain, from any board established by or continued under this Act or from any department or agency of the federal or territorial government, any information in the possession of the board, department or agency that is required for the performance of the functions of the responsible authority or person under this Part.
231The Act is amended by adding the following after section 150:
PART 6.1
ADMINISTRATIVE MONETARY PENALTIES
Interpretation
150.1The following definitions apply in this Part.
“Board” has the same meaning as in section 51.
“inspector” means a person designated as an inspector under section 84 or 142.24.
“penalty” means an administrative monetary penalty imposed under this Part for a violation.
“review body” means
(a)in respect of a violation relating to Part 3, the Board; and
(b)in respect of a violation relating to Part 5, the federal Minister.
Federal Minister’s Powers
150.02(1)The federal Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 150.03 to 150.23, including regulations
(a)designating as a violation that may be proceeded with in accordance with this Act
(i)the contravention of any specified provision of this Act or of any of its regulations,
(ii)the contravention of any order, direction or decision — or of any order, direction or decision of any specified class — made or given under this Act, or
(iii)the failure to comply with a term or condition of any licence, permit or other authorization or development certificate issued under this Act or a term or condition of a specified class of licences, permits or other authorizations;
(b)respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation;
(c)establishing the form and content of notices of violations;
(d)respecting the service