Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2022-09-22 and last amended on 2019-08-28. Previous Versions

PART 3Land and Water Regulation (continued)

Offences and Punishment (continued)

Marginal note:Offences — type B licensees

  •  (1) Every type B licensee who holds such a licence in respect of a federal area is guilty of an offence who

    • (a) contravenes or fails to comply with any condition of the licence, if the contravention or failure to comply does not constitute an offence under section 92.04; or

    • (b) without reasonable excuse, fails to furnish or maintain security as required under subsection 72.11(1).

  • Marginal note:Punishment

    (2) Every licensee who is guilty of an offence under subsection (1) is liable on summary conviction,

    • (a) for a first offence, to a fine not exceeding $37,500 or to imprisonment for a term not exceeding six months, or to both; and

    • (b) for a second or subsequent offence, to a fine not exceeding $75,000 or to imprisonment for a term not exceeding six months, or to both.

  • 2014, c. 2, s. 188

Marginal note:Other offences — water use and waste deposit

 Every person is guilty of an offence punishable on summary conviction who

  • (a) contravenes or fails to comply with subsection 87(1), (2) or (3), in relation to the use of waters or the deposit of waste in a federal area, or any regulations made under paragraph 90.3(1)(p), (q) or (r); or

  • (b) except as authorized under this Part or any other Act of Parliament, wilfully obstructs or otherwise interferes with a licensee who holds a licence in respect of a federal area or any person acting on behalf of the licensee in the exercise of any rights granted to the licensee under this Part.

  • 2014, c. 2, s. 188

Marginal note:Continuing offences

 An offence under subsection 92(1), 92.01(1), 92.02(1) or 92.03(1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.

  • 2014, c. 2, s. 188

Marginal note:Deeming — subsequent offence for land use

  •  (1) For the purposes of subsections 92(1) and (4), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under an Act of Parliament — or an Act of the legislature of a province — that relates to environmental or wildlife conservation or protection or heritage resources.

  • Marginal note:Deeming — subsequent offence for water use

    (1.1) For the purposes of subsections 92.01(2), 92.02(2) and 92.03(2), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under an Act of Parliament — or an Act of the legislature of a province — that relates to environmental or wildlife conservation or protection.

  • Marginal note:Application

    (2) Subsections (1) and (1.1) apply only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under any Act of the legislature of a province.

  • 2014, c. 2, ss. 189, 190

Marginal note:Limitation period or prescription

 No proceedings in respect of an offence under section 92, 92.01, 92.02, 92.03, 92.04 or 92.05 are to be instituted more than five years after the day on which the federal Minister becomes aware of the acts or omissions that constitute the alleged offence.

  • 1998, c. 25, s. 93
  • 2014, c. 2, s. 190

Marginal note:Admissibility of evidence

  •  (1) In proceedings for an offence under this Part, a certificate, report or other document of the federal Minister, a board or an inspector that is purported to have been signed by that person or board is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.

  • Marginal note:Copies and extracts

    (2) In proceedings for an offence under this Part, a copy of or an extract from any document that is made by the federal Minister, a board or an inspector that appears to have been certified under the signature of that person or board as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

  • Marginal note: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.

  • Marginal note: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.

  • 2014, c. 2, s. 190

Marginal note:Certificate of analyst

  •  (1) Subject to this section, a certificate purporting to be signed by an analyst and stating that the analyst has analysed or examined a sample submitted to the analyst by an inspector and stating the result of the analysis or examination is admissible in evidence in any prosecution under this Part and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.

  • Marginal note:Attendance of analyst

    (2) A party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

  • Marginal note:Notice

    (3) No certificate is to be received in evidence under subsection (1) unless the party intending to produce it has provided reasonable notice of that intention to the party against whom it is intended to be produced together with a copy of the certificate.

  • 2014, c. 2, s. 190

Exemptions

Marginal note:Posting of security

 Notwithstanding section 7, Her Majesty in right of Canada and, for greater certainty, the territorial government shall not be required to post security pursuant to section 71.

Marginal note:Fees

 Despite subsection 72.03(1) or any territorial law, the Gwich’in and Sahtu First Nations, the Tlicho Government and the Déline Got’ine Government are not required to pay any fee in respect of the use of waters or the deposit of waste for non-commercial purposes on their first nation lands, Tlicho lands or Déline lands as the case may be.

  • 1998, c. 25, s. 95
  • 2005, c. 1, s. 54
  • 2014, c. 2, s. 192
  • 2015, c. 24, s. 34

PART 4Mackenzie Valley Land and Water Board

Interpretation and Application

Marginal note:Definitions

  •  (1) The definitions in this subsection apply in this Part.

    Board

    Board means the Mackenzie Valley Land and Water Board established by subsection 99(1). (Office)

    licence

    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. (permis d’utilisation des eaux)

    permit

    permit means a permit for the use of land issued by the Board under this Part, and “permittee” has a corresponding meaning. (permis d’utilisation des terres)

  • Marginal note:Terms defined in Part 3

    (2) In this Part, the expressions first nation lands, land, management area and waters have the same meaning as in Part 3.

  • Marginal note:Meaning of permit

    (3) For the purposes of this Part, references to a permit in section 90, in the regulations made pursuant to that section and in sections 90.1, 90.2 and 92 include a permit as defined in subsection (1).

  • Marginal note: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).

Marginal note:National parks and historic sites

  •  (1) Subject to paragraph 102(2)(b), this Part 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 pursuant to the Historic Sites and Monuments Act.

  • Marginal note:Consultation with Board

    (2) Notwithstanding subsection (1), an authority responsible for authorizing uses of land or waters or deposits of waste in a portion of the Mackenzie Valley excluded by that subsection from the application of this Part shall consult the Board before authorizing any such use or deposit.

  • Marginal note:Consultation with authority

    (3) The Board shall consult the responsible authority referred to in subsection (2) before issuing a licence, permit or authorization for a use of land or waters or deposit of waste that may have an effect in the portion of the Mackenzie Valley excluded by subsection (1) from the application of this Part.

  • 1998, c. 25, s. 97
  • 2000, c. 32, s. 68

Marginal note:Local government jurisdiction

  •  (1) This Part does not apply in respect of the use of land within the boundaries of a local government to the extent that the local government regulates that use.

  • Marginal note:Agreement

    (2) The Board and the territorial Minister shall, in consultation with each local government, jointly determine the extent to which the local government regulates the use of land within its boundaries for the purposes of subsection (1).

  • Marginal note:Dissemination

    (3) A determination under subsection (2) shall be made available to the public at the main office of the Board and that of the local government.

Establishment of Board

Marginal note:Board established

  •  (1) There is hereby established a board to be known as the Mackenzie Valley Land and Water Board.

  • Marginal note:Regional panels — Gwich’in and Sahtu Boards

    (2) On the coming into force of this Part, a board established by section 54 or 56 continues as a regional panel of the Board under the same name and in respect of the same management area as that of the board. Its members become members of the Board.

  • Marginal note:Regional panel — Wekeezhii Board

    (2.1) Six months after the coming into force of section 57.1, the board established by that section continues as a regional panel of the Board under the same name and in respect of the same management area as that of the board. Its members become members of the Board.

  • Marginal note: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.

  • Marginal note:Composition

    (4) In addition to the members of the regional panels referred to in subsections (2) and (2.1) and a chairperson, the Board shall, subject to subsection 108(7), consist of

    • (a) two members appointed following consultation by the federal Minister with the first nations and the Tlicho Government;

    • (b) one member appointed on the nomination of the territorial Minister; and

    • (c) one other member.

Marginal note:Annual meeting

 The Board shall hold at least one plenary meeting in each year.

Marginal note:Main office

 The main office of the Board shall be at Yellowknife or at such other place in the Mackenzie Valley as is designated by the Governor in Council.

Mandate of Board

Marginal note:Objectives — Board

  •  (1) The objectives of the Board are to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit generally for all Canadians and in particular for residents of the Mackenzie Valley.

  • Marginal note:Objectives — Gwich’in and Sahtu regional panels

    (2) The objectives of a regional panel referred to in subsection 99(2) are to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit for residents of its management area and of the Mackenzie Valley and for all Canadians.

  • Marginal note:Objectives — Wekeezhii regional panel

    (3) The objectives of the regional panel referred to in subsection 99(2.1) are to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit generally for all Canadians and in particular for residents of its management area.

  • 2005, c. 1, s. 58

Marginal note:Jurisdiction — Board

  •  (1) The Board has jurisdiction in respect of all uses of land in the Mackenzie Valley for which a permit is required under Part 3 and in respect of all uses of waters or deposits of waste in the Mackenzie Valley for which a licence is required under Part 3 or any territorial law, as the case may be, and for that purpose the Board has the powers and duties of a board established under Part 3, other than powers under sections 78, 79 and 79.2 to 80.1, as if a reference in that Part to a management area were a reference to the Mackenzie Valley, except that, with regard to subsection 61(2), the reference to management area continues to be a reference to Wekeezhii.

  • Marginal note:Jurisdiction — regional panels

    (2) A regional panel of the Board shall exercise

    • (a) the powers and duties referred to in subsection (1) in respect of a use of land or waters or a deposit of waste that is to take place, and that is likely to have an impact, wholly within the management area of the regional panel; and

    • (b) the powers conferred by sections 78, 79 and 79.2 to 80.1 on the board established under Part 3 for that management area.

  • 1998, c. 25, s. 102
  • 2005, c. 1, s. 58
  • 2014, c. 2, s. 195
 
Date modified: