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Northwest Territories Devolution Act (S.C. 2014, c. 2)

Assented to 2014-03-25

Marginal note:2005, c. 1, s. 47
  •  (1) Subsection 83(1) of the Act is replaced by the following:

    Marginal note:Minister’s policy directions to board
    • 83. (1) The federal Minister may, after consultation with a board, give written policy directions that are binding on the board with respect to the exercise of any of its functions under this Act. The federal Minister shall also consult the Tlicho Government before giving such written policy directions to the Wekeezhii Land and Water Board.

  • (2) Subsections 83(1) to (3) of the Act are replaced by the following:

    Marginal note:Minister’s policy directions to Board
    • 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.

    • Marginal note:Policy directions by the Tlicho Government to Board

      (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.

    • Marginal note:Limitation

      (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.

  • Marginal note:2005, c. 1, s. 47

    (3) Subsection 83(3) of the Act is replaced by the following:

    • Marginal note:Limitation

      (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 a board or has been approved by a board and is awaiting approval under section 72.13 or under any territorial law, as the case may be.

 The Act is amended by adding the following after section 83:

Recommendations

Marginal note:Recommendations to federal Minister
  • 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.

  • Marginal note:Other recommendations

    (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

Marginal note:Coordination

83.2 If 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.

Marginal note:2005, c. 1, ss. 48 and 49

 The heading before section 84 and sections 84 to 89 of the Act are replaced by the following:

Administration and Enforcement

Designation

Marginal note:Designation
  • 84. (1) The 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 86 or 86.1.

  • Marginal note:Designation — analyst

    (2) The federal Minister may designate any qualified person as an analyst for the purposes of this Part.

Powers

Marginal note:Authority to enter
  • 85. (1) An inspector may, for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 86 or 86.1, enter a place in which they have reasonable grounds to believe that

    • (a) a person is using land;

    • (b) a person is using water or depositing waste in a federal area within a water management area;

    • (c) in a federal area within a water management area a person is constructing any work that, on completion, will form part of an undertaking whose operation will require the use of waters or the deposit of waste, or altering or extending a work that forms part of such an undertaking; or

    • (d) a document or any thing relating to a use or deposit referred to in paragraph (a), (b) or (c) is located.

  • Marginal note: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) take measurements or samples of anything in the place;

    • (g) remove any thing from the place for examination or copying;

    • (h) take photographs and make recordings or sketches;

    • (i) 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;

    • (j) order the owner or person having possession, care or control of any thing in the place to not move it, or to restrict its movement, for as long as, in the inspector’s opinion, is necessary;

    • (k) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and

    • (l) prohibit or limit access to all or part of the place.

  • Marginal note: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.

  • Marginal note:Notice

    (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.

  • Marginal note:Notice to Tlicho Government

    (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.

Marginal note:Warrant for dwelling-house
  • 85.1 (1) If the place referred to in subsection 85(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).

  • Marginal note: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 85(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 86 or 86.1; 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.

Marginal note:Entering private property
  • 85.2 (1) For the purpose of gaining entry to a place referred to in subsection 85(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.

  • Marginal note: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 85(1) and is not liable for doing so.

Marginal note:Use of force

85.3 In 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

Marginal note:Inspector’s order — adverse effects of land use
  • 86. (1) If an inspector has reasonable grounds to believe that a use of land has resulted in or is likely to result in an adverse effect on the environment, the inspector may, in accordance with the regulations, order the person who is using the land to take any measures that the inspector considers reasonable to mitigate, remedy or prevent the adverse effect.

  • Marginal note:Inspector’s order — contravention

    (2) If an inspector has reasonable grounds to believe that a person who is using land is contravening the regulations or the conditions of a permit, the inspector may, in accordance with the regulations, order that person to take any measures that the inspector considers reasonable in order to prevent the contravention from continuing.

  • Marginal note:Notice

    (3) An 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.

Marginal note:Remedial measures
  • 86.1 (1) Whether or not a report has been made under subsection 72.01(3), an inspector may order a person who is using water or depositing waste in a federal area to take any reasonable measures that the inspector may specify, including the cessation of an activity, to prevent a use of waters, deposit of waste or failure of a work from occurring or to counteract, mitigate or remedy adverse effects of that use, deposit or failure, if an inspector has reasonable grounds to believe

    • (a) that

      • (i) waters have been or may be used in contravention of subsection 72(1) or of a condition of a licence,

      • (ii) waste has been or may be deposited in contravention of subsection 72.01(1) or of a condition of a licence, or

      • (iii) there has been, or may be, a failure of a work related to the use of waters or the deposit of waste, whether or not there has been compliance with any standards prescribed by regulations made under paragraph 90.3(1)(j) and with any standards imposed by a licence; and

    • (b) that a danger to persons, property or the environment results, or may reasonably be expected to result, from the adverse effects of that use, deposit or failure.

  • Marginal note: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.

Marginal note:Failure to comply
  • 86.2 (1) If a person does not comply with an order made under subsection 86(1) or (2) or section 86.1 within the time specified, the inspector may, on their own initiative, take the measures specified in the order.

  • Marginal note: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 or by recourse to any security furnished under section 71 or 72.11, as the case may be.

Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note: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.

Marginal note: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.

  • Marginal note: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.

 
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