GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Mackenzie Valley Resource Management Act — M-0.2 87
Assistance to inspectors 87 (1) The owner or person in charge of the place entered under section 85, and every person in it, shall give an inspector all assistance that is reasonably required to enable the inspector to verify compliance or prevent non-compliance with this Part and orders made under section 86 or 86.1, and shall provide any documents, data or information that is reasonably required for that purpose. Obstruction (2) It is prohibited to knowingly obstruct or hinder an inspector who is exercising their powers or performing their duties and functions under this Act. False statements or information (3) It is prohibited to knowingly make a false or misleading statement or knowingly provide false or misleading information in connection with any matter under this Act to an inspector who is exercising their powers or performing their duties and functions under this Act. 1998, c. 25, s. 87; 2014, c. 2, s. 177
Mackenzie Valley Resource Management Act — M-0.2 88
Review by board 88 A board shall, if so requested by a person who is subject to an order made by an inspector under subsection 86(1) or (2) or section 86.1, review that order without delay and confirm, vary or revoke it. 1998, c. 25, s. 88; 2014, c. 2, s. 177
Mackenzie Valley Resource Management Act — M-0.2 89
Work closed or abandoned 89 (1) The federal Minister may take any reasonable measures to prevent, counteract, mitigate or remedy any adverse effect, in a federal area, on persons, property or the environment, and for that purpose may enter any place in a federal area, except one that is designed to be used and is being used as a permanent or temporary dwelling-house, if the federal Minister has reasonable grounds to believe that (a) a person has closed or abandoned, temporarily or permanently, a work related to the use of waters or the deposit of waste, and (b) either (i) the person has contravened or failed to comply with any condition of a licence or any provision of this Act or the regulations, whether or not the condition or provision relates to closing or abandonment, or (ii) a danger to persons, property or the environment may result from the past operation of the work or from its closing or abandonment. Recovery of Her Majesty’s costs (2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada in the taking of measures under subsection (1), to the extent that the incurring of those costs was based on subparagraph (1)(b)(i), constitutes a debt due to Her Majesty recoverable from the person in a court of competent jurisdiction or by recourse to any security furnished under section 72.11. 1998, c. 25, s. 89; 2005, c. 1, s. 49; 2014, c. 2, s. 177
Mackenzie Valley Resource Management Act — M-0.2 90
Regulations respecting the use of land 90 The Governor in Council may, following consultation by the federal Minister with first nations and the Tlicho Government, make regulations respecting the protection, control and use of lands in the Mackenzie Valley and, in particular, may make regulations (a) prohibiting uses of land or classes of uses except under the authority of permits or, where the regulations so provide, under the written authority of an inspector; (b) respecting the issuance, amendment, renewal, suspension, cancellation, and approval of the assignment, of permits; (c) respecting eligibility for permits, prescribing the conditions or kinds of conditions that a board may include in permits and respecting the duration of permits; (d) providing for the issuance to permittees by a board of authorizations for uses of land not authorized in their permits; (e) prescribing the procedure to be followed and forms to be used by applicants for permits, the information to be submitted in connection with applications and the manner of its submission, and respecting the fees to be paid on the filing of applications; (f) respecting fees to be paid by permittees in respect of permitted uses of lands belonging to Her Majesty in right of Canada or lands that Her Majesty has power to dispose of, other than such lands the administration and control of which has been transferred by the Governor in Council to the Commissioner of the Northwest Territories; (g) prescribing classes to which permits referred to in an instrument of delegation under section 70 must belong; (h) specifying the amount, or the manner of determining the amount, of the security referred to in subsection 71(1) or empowering a 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 a board pursuant to section 72 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; (j) respecting the power of inspectors to order the taking of measures pursuant to subsection 86(1) or (2); (k) authorizing inspectors to enter and inspect lands to which an application relates; (l) respecting the restoration of lands to which a permit applies; (m) authorizing a board or an inspector to relieve permittees from specified obligations under the regulations; and (n) authorizing a board or an inspector to require permittees to submit reports to them on specified matters. 1998, c. 25, s. 90; 2005, c. 1, s. 50
Mackenzie Valley Resource Management Act — M-0.2 90.1
Prohibition — Tlicho lands 90.1 Even if the regulations do not require a permit or authorization under Part 3 or 4 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. 2005, c. 1, s. 51
Mackenzie Valley Resource Management Act — M-0.2 90.11
Prohibition  — Déline lands 90.11 Even if the regulations do not require a permit or other authorization under Part 3 or 4 for a particular use of land, a person shall not use Déline lands without such a permit or authorization if one is required by a Déline law for uses of that type. 2015, c. 24, s. 32
Mackenzie Valley Resource Management Act — M-0.2 90.2
Exception 90.2 Despite the regulations, a permit or other authorization under Part 3 or 4 for a particular use of land in a Tlicho community is not required if the local government of that community has enacted a bylaw providing that one is not required for uses of that type. 2005, c. 1, s. 51; 2014, c. 2, s. 182
Mackenzie Valley Resource Management Act — M-0.2 90.21
Exception 90.21 Despite the regulations, a permit or other authorization under Part 3 or 4 for a particular use of lands in the Community of Déline, as described in schedule B to the Déline Agreement, is not required if a Déline law provides that one is not required for uses of that type. 2015, c. 24, s. 33
Mackenzie Valley Resource Management Act — M-0.2 90.3
at is to be prescribed under this Act; and (u) generally, for carrying out the purposes and provisions of this Part. Regulations — Mackenzie Valley (2) The Governor in Council may, following consultation by the federal Minister with the Gwich’in and Sahtu First Nations and the Tlicho Government, make regulations respecting the use of waters and the deposit of waste in the Mackenzie Valley (a) prescribing fees to be paid (i) for the filing of any application with the board, and (ii) for examination of the register maintained under section 68; (b) prescribing the times at which and the manner in which fees prescribed under paragraph (a) shall be paid; and (c) prescribing the form of the register to be maintained by a board under section 68 and the information to be entered in it. Regulations may vary (3) Regulations made under subsection (1) may vary according to any criterion or combination of criteria, including the use of waters, the purpose, quantity and rate of that use, and the quantities, concentrations and types of waste deposited. 2014, c. 2, s. 182
Mackenzie Valley Resource Management Act — M-0.2 90.31
Regulations respecting cost recovery 90.31 The 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. 2019, c. 19, s. 8
Mackenzie Valley Resource Management Act — M-0.2 90.32
Regulations respecting consultation 90.32 The 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. 2019, c. 19, s. 8
Mackenzie Valley Resource Management Act — M-0.2 90.4
Incorporation by reference 90.4 (1) A regulation made under this Part may incorporate by reference any documents produced by a person other than the federal Minister or by a body. Reproduced or translated material (2) A regulation made under this Part may incorporate by reference documents that the federal Minister reproduces or translates from documents produced by a body or person other than the federal Minister (a) with any adaptations of form and reference that will facilitate their incorporation into the regulation; or (b) in a form that sets out only the parts of them that apply for the purposes of the regulation. Jointly produced documents (3) A regulation made under this Part may incorporate by reference documents that the federal Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws. Internally produced standards (4) A regulation made under this Part may incorporate by reference technical or explanatory documents that the federal Minister produces, including (a) specifications, classifications, illustrations, graphs or other information of a technical nature; and (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature. Incorporation as amended from time to time (5) Documents may be incorporated by reference as amended from time to time. For greater certainty (6) Subsections (1) to (5) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections. Accessibility (7) The federal Minister shall ensure that any document that is incorporated by reference in the regulation is accessible. Defence (8) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (7) or it was otherwise accessible to the person. No registration or publication (9) For greater certainty, a document that is incorporated by reference in the regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. 2014, c. 2, s. 182
Mackenzie Valley Resource Management Act — M-0.2 91
Rules 91 A board may make rules (a) specifying the period of time within which compensation agreements referred to in sections 77 and 78 must be entered into; and (b) respecting the determination of matters in dispute under section 80 or 80.1. 1998, c. 25, s. 91; 2005, c. 1, s. 52
Mackenzie Valley Resource Management Act — M-0.2 91.1
Reservation of lands from disposition 91.1 (1) The Governor in Council may, by order, reserve from disposition under any enactment relating to the disposition of any lands in a federal area, for a specified period or otherwise, all or any interests in such lands if the interests are, in the opinion of the Governor in Council, required (a) for the protection of any waters; or (b) in connection with any undertaking the development or operation of which is, in the opinion of the Governor in Council, in the public interest and that would require the use of those interests in lands and of waters adjacent to those lands. Reservation of water rights (2) The Governor in Council may, by order and for a specified period or otherwise, direct a board not to issue any licence in respect of a federal area relating to any waters specified in the order, or prohibit a use of waters or a deposit of waste that would otherwise be permitted under regulations made under paragraph 90.3(1)(m) or (n), as the case may be, (a) to enable comprehensive evaluation and planning to be carried out with respect to those waters; or (b) if the use and flow of those waters, or the maintenance of the quality of those waters, is required in connection with a particular undertaking whose development is, in the opinion of the Governor in Council, in the public interest. Effect of contravention of order (3) A disposition of all or any interests in any lands in a federal area in contravention of an order made under subsection (1), and a licence issued in contravention of an order made under subsection (2), is of no force or effect. 2014, c. 2, s. 185
Mackenzie Valley Resource Management Act — M-0.2 92
Principal offences — land use 92 (1) Every person who contravenes section 90.1, any provision of regulations made under section 90, any condition of a permit or an order of an inspector under subsection 86(1) or (2) is guilty of an offence and is liable on summary conviction (a) for a first offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months, or to both; and (b) for a second or subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both. Reparation (2) In addition to the penalty provided by subsection (1), a court that convicts a person of using land without a permit may, taking into account the nature of the offence and the circumstances of its commission, order the person to take any measures that it considers reasonable in order to repair or limit any damage resulting from the act or omission that constituted the offence. (3) [Repealed, 2014, c. 2, s. 187] Contravening orders (4) Every person who contravenes subsection 87(1), (2) or (3), in relation to the use of land, is guilty of an offence and is liable on summary conviction (a) for a first offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months, or to both; and (b) for a second or subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both. 1998, c. 25, s. 92; 2005, c. 1, s. 53; 2014, c. 2, s. 187
Mackenzie Valley Resource Management Act — M-0.2 92.01
Principal offences — water use and waste deposit 92.01 (1) Every person is guilty of an offence who (a) contravenes subsection 72(1) or section 72.01; (b) fails to comply with subsection 72(3); or (c) contravenes or fails to comply with an order given by an inspector under section 86.1. Punishment (2) Every person who is guilty of an offence under subsection (1) is liable on summary conviction, (a) for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and (b) for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both. 2014, c. 2, s. 188
Mackenzie Valley Resource Management Act — M-0.2 92.02
Offences — type A licensees 92.02 (1) Every type A licensee who holds such a licence in respect of a federal area is guilty of an offence who (a) contravenes or fails to comply with any condition of the licence, if the contravention or failure to comply does not constitute an offence under section 92.04; or (b) without reasonable excuse, fails to furnish or maintain security as required under subsection 72.11(1). Punishment (2) Every licensee who commits an offence under subsection (1) is liable on summary conviction, (a) for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and (b) for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both. 2014, c. 2, s. 188
Mackenzie Valley Resource Management Act — M-0.2 92.03
Offences — type B licensees 92.03 (1) Every type B licensee who holds such a licence in respect of a federal area is guilty of an offence who (a) contravenes or fails to comply with any condition of the licence, if the contravention or failure to comply does not constitute an offence under section 92.04; or (b) without reasonable excuse, fails to furnish or maintain security as required under subsection 72.11(1). Punishment (2) Every licensee who is guilty of an offence under subsection (1) is liable on summary conviction, (a) for a first offence, to a fine not exceeding $37,500 or to imprisonment for a term not exceeding six months, or to both; and (b) for a second or subsequent offence, to a fine not exceeding $75,000 or to imprisonment for a term not exceeding six months, or to both. 2014, c. 2, s. 188
Mackenzie Valley Resource Management Act — M-0.2 92.04
Other offences — water use and waste deposit 92.04 Every person is guilty of an offence punishable on summary conviction who (a) contravenes or fails to comply with subsection 87(1), (2) or (3), in relation to the use of waters or the deposit of waste in a federal area, or any regulations made under paragraph 90.3(1)(p), (q) or (r); or (b) except as authorized under this Part or any other Act of Parliament, wilfully obstructs or otherwise interferes with a licensee who holds a licence in respect of a federal area or any person acting on behalf of the licensee in the exercise of any rights granted to the licensee under this Part. 2014, c. 2, s. 188
Mackenzie Valley Resource Management Act — M-0.2 92.05
Continuing offences 92.05 An offence under subsection 92(1), 92.01(1), 92.02(1) or 92.03(1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued. 2014, c. 2, s. 188
Mackenzie Valley Resource Management Act — M-0.2 92.1
Deeming — subsequent offence for land use 92.1 (1) For the purposes of subsections 92(1) and (4), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under an Act of Parliament — or an Act of the legislature of a province — that relates to environmental or wildlife conservation or protection or heritage resources. 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. 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
Mackenzie Valley Resource Management Act — M-0.2 93
Limitation period or prescription 93 No proceedings in respect of an offence under section 92, 92.01, 92.02, 92.03, 92.04 or 92.05 are to be instituted more than five years after the day on which the federal Minister becomes aware of the acts or omissions that constitute the alleged offence. 1998, c. 25, s. 93; 2014, c. 2, s. 190
Mackenzie Valley Resource Management Act — M-0.2 93.1
Admissibility of evidence 93.1 (1) In proceedings for an offence under this Part, a certificate, report or other document of the federal Minister, a board or an inspector that is purported to have been signed by that person or board is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it. Copies and extracts (2) In proceedings for an offence under this Part, a copy of or an extract from any document that is made by the federal Minister, a board or an inspector that appears to have been certified under the signature of that person or board as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way. Presumed date of issue (3) A document referred to in this section is, in the absence of evidence to the contrary, presumed to have been issued on the date that it bears. Notice (4) No document referred to in this section is to be received in evidence unless the party intending to produce it has provided reasonable notice of that intention to the party against whom it is intended to be produced together with a copy of the document. 2014, c. 2, s. 190
Mackenzie Valley Resource Management Act — M-0.2 93.2
Certificate of analyst 93.2 (1) Subject to this section, a certificate purporting to be signed by an analyst and stating that the analyst has analysed or examined a sample submitted to the analyst by an inspector and stating the result of the analysis or examination is admissible in evidence in any prosecution under this Part and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate. Attendance of analyst (2) A party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. Notice (3) No certificate is to be received in evidence under subsection (1) unless the party intending to produce it has provided reasonable notice of that intention to the party against whom it is intended to be produced together with a copy of the certificate. 2014, c. 2, s. 190
Mackenzie Valley Resource Management Act — M-0.2 94
Posting of security 94 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.
Mackenzie Valley Resource Management Act — M-0.2 95
Fees 95 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