Mackenzie Valley Resource Management Act — M-0.2 72.04
Conditions 72.04 (1) Subject to this Act and its regulations, a board may include in a licence in respect of a federal area any conditions that it considers appropriate, including conditions (a) relating to the manner of use of waters permitted to be used under the licence; (b) relating to the quantity, concentration and types of waste that may be deposited in any waters by the licensee; (c) under which any such waste may be so deposited; (d) relating to studies to be undertaken, works to be constructed, plans to be submitted, and monitoring programs to be undertaken; and (e) relating to any future closing or abandonment of the appurtenant undertaking. Board to minimize adverse effects (2) In fixing the conditions of a licence in respect of a federal area, 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 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), 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: (a) licensees who hold a licence in respect of a federal area or in respect of lands outside a federal area; (b) domestic users; (c) instream users; (d) authorized users; (e) authorized waste depositors; (f) persons who use waters or deposit waste, or both, without a licence under the authority of any territorial law; (g) owners of property; (h) occupiers of property; and (i) holders of outfitting concessions, registered trapline holders, and holders of other rights of a similar nature. Conditions relating to waste (3) If a 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. Non-application of regulations under Canada Water Act (4) If a 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. Application of Fisheries Act (5) If a 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. Conditions relating to works (6) The board shall include in a licence in respect of a federal area conditions that are at least as stringent as any applicable standards prescribed by any regulations made under paragraph 90.3(1)(j). Licence conditions deemed amended (7) If regulations referred to in subsection (3), (4), (5) or (6) are made or amended after the issuance of a licence in res