GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Mackenzie Valley Resource Management Act — M-0.2 (a)
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 )
Mackenzie Valley Resource Management Act — M-0.2 144.11
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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.12
Who may issue notices 144.12 Inspectors are authorized to issue notices of violation. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.13
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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.14
Liability of directors, officers, etc. 144.14 If 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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.15
Proof of violation 144.15 In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent or mandatary of the person, whether or not the employee or the agent or mandatary is identified or proceeded against in accordance with this Act. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.16
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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.17
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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.18
Continuing violation 144.18 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.19
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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.2
Limitation period 144.2 No 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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.21
Request for review 144.21 A 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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.22
Correction or cancellation of notice of violation 144.22 At 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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.23
Review 144.23 On receipt of a request for a review in respect of a notice of violation, the review body shall conduct the review. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.24
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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.25
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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.26
Payment 144.26 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.27
Failure to act 144.27 A 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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.28
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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.29
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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.3
Authenticity of documents 144.3 In 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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.31
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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.32
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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.33
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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.34
Other participants in study 144.34 The 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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.35
Elements to consider 144.35 In conducting its study, the committee shall consider any traditional knowledge and scientific information that is made available to it. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.36
Information 144.36 Subject 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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.37
Establishment 144.37 If 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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.38
Report to federal Minister 144.38 On 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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 144.39
Consideration of report 144.39 The 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. 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2 145
Definitions 145 The definitions in this section apply in this Part. impact on the environment has the same meaning as in Part 5. ( répercussions environnementales ) responsible authority means the person or body designated by the regulations as the responsible authority or, in the absence of a designation, the federal Minister. ( autorité compétente )
Mackenzie Valley Resource Management Act — M-0.2
impact on the environment has the same meaning as in Part 5. ( répercussions environnementales )
Mackenzie Valley Resource Management Act — M-0.2
responsible authority means the person or body designated by the regulations as the responsible authority or, in the absence of a designation, the federal Minister. ( autorité compétente )
Mackenzie Valley Resource Management Act — M-0.2 146
Cumulative environmental impact 146 The responsible authority shall, subject to the regulations, analyze data collected by it, scientific data, traditional knowledge and other pertinent information for the purpose of monitoring the cumulative impact on the environment of concurrent and sequential uses of land and water and deposits of waste in the Mackenzie Valley.
Mackenzie Valley Resource Management Act — M-0.2 147
Consultation with first nations and Tlicho Government 147 (1) A responsible authority that is a minister of the Crown in right of Canada shall carry out the functions referred to in section 146 in consultation with the first nations and the Tlicho Government. Role of first nations and Tlicho Government (2) Where a responsible authority is other than a minister of the Crown in right of Canada, the Gwich’in and Sahtu First Nations and the Tlicho Government are entitled to participate in the functions referred to in section 146 in the manner provided by the regulations. 1998, c. 25, s. 147; 2005, c. 1, s. 92
Mackenzie Valley Resource Management Act — M-0.2 148
Environmental audit 148 (1) The federal Minister shall have an environmental audit conducted at least once every five years by a person or body that is independent. Terms of reference (2) The federal Minister shall, after consulting the Gwich’in First Nation, the Sahtu First Nation, the Tlicho Government and the territorial government, fix the terms of reference of an environmental audit, including the key components of the environment to be examined. Content of audit (3) An environmental audit shall include (a) an evaluation of information, including information collected or analyzed under section 146, in order to determine trends in environmental quality, potential contributing factors to changes in the environment and the significance of those trends; (b) a review of the effectiveness of methods used for carrying out the functions referred to in section 146; (c) a review of the effectiveness of the regulation of uses of land and water and deposits of waste on the protection of the key components of the environment from significant adverse impact; and (d) a review of the response to any recommendations of previous environmental audits. Report of audit (4) A report of the environmental audit, which may include recommendations, shall be prepared and submitted to the federal Minister, who shall make the report available to the public. Participation by first nations and Tlicho Government (5) The Gwich’in and Sahtu First Nations and the Tlicho Government are entitled to participate in an environmental audit in the manner provided by the regulations. 1998, c. 25, s. 148; 2005, c. 1, s. 93
Mackenzie Valley Resource Management Act — M-0.2 149
Information 149 Subject to any other federal or territorial law, a responsible authority or a person or body who performs an environmental audit 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 the performance of the functions of the responsible authority or person under this Part.
Mackenzie Valley Resource Management Act — M-0.2 150
Regulations 150 The Governor in Council may, after consultation by the federal Minister with affected first nations, the Tlicho Government and the territorial Minister, make regulations for carrying out the purposes and provisions of this Part and, in particular, regulations (a) respecting the collection of data and the analysis of data so collected and scientific data, traditional knowledge and other information, for the purposes of section 146; (b) designating a person or body as the responsible authority for the purposes of this Part; and (c) respecting the manner of participation of the Gwich’in and Sahtu First Nations and the Tlicho Government in the functions of a responsible authority that is not a minister of the Crown or in an environmental audit. 1998, c. 25, s. 150; 2005, c. 1, s. 94
Mackenzie Valley Resource Management Act — M-0.2 152
Existing rights and interests 152 Rights to the use of land under any lease, easement or other interest in land that was granted under the Territorial Lands Act or the regulations made under that Act, or under any territorial law, and that exist on December 22, 1998, with respect to a settlement area, or on March 31, 2000, with respect to any other portion of the Mackenzie Valley, continue in effect, subject to the terms and conditions of exercising those rights. 1998, c. 25, s. 152; 2014, c. 2, s. 233
Mackenzie Valley Resource Management Act — M-0.2 153
Existing licences continued 153 Licences issued under the Northwest Territories Waters Act respecting a use of waters or deposit of waste in a settlement area that exist on December 22, 1998 — and, respecting a use of waters or deposit of waste in another portion of the Mackenzie Valley, that exist on March 31, 2000 — continue in effect and are deemed to be licences within the meaning of Part 3. 1998, c. 25, s. 153; 2014, c. 2, s. 233