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

Assented to 2014-03-25

2003, c. 22, s. 2Public Service Labour Relations Act

Marginal note:2003, c. 22, s. 273

 Subsection 18(2) of the Public Service Labour Relations Act is replaced by the following:

  • Marginal note:Exception

    (2) Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Legislature of Yukon, of the Northwest Territories or for Nunavut with powers and functions similar to those of the Board.

2003, c. 22, ss. 12 and 13Public Service Employment Act

Marginal note:2003, c. 22, s. 272

 The definition “territorial election” in subsection 111(1) of the Public Service Employment Act is replaced by the following:

“territorial election”

« élection territoriale »

“territorial election” means an election to the Legislative Assembly of Yukon, the Northwest Territories or Nunavut.

2005, c. 1Tlicho Land Claims and Self-Government Act

 Subsection 5(1) of the Tlicho Land Claims and Self-Government Act is replaced by the following:

Marginal note:Conflict with Agreement or this Act
  • 5. (1) In the event of an inconsistency or conflict between the Agreement or this Act, or any regulations made under this Act, and the provisions of any other Act of Parliament, any law of the Legislature of the Northwest Territories, any regulations made under any of those other Acts or laws, or any Tlicho law, then the Agreement or this Act, or regulations made under this Act, as the case may be, prevail to the extent of the inconsistency or conflict.

 Paragraph 14(1)(b) of the Act is replaced by the following:

  • (b) the validity or applicability of this Act, the law of the Legislature of the Northwest Territories entitled the Tlicho Land Claims and Self-Government Agreement Act or any Tlicho law,

C.R.C., c. 1239Amendments to the Oaths of Allegiance and Office and Seat of Government Order (N.W.T.)

 The long title of the Oaths of Allegiance and Office and Seat of Government Order (N.W.T.) is replaced by the following:

Order prescribing oaths of allegiance and office

 Section 1 of the Order is replaced by the following:

1. This Order may be cited as the Oaths of Allegiance and Office Order (N.W.T.).

 Section 2 of the Order is replaced by the following:

2. The oath of allegiance prescribed by the Oaths of Allegiance Act is the oath of allegiance to be taken and subscribed by the Commissioner of the Northwest Territories.

 Section 4 of the Order is repealed.

 Section 6 of the Order and the heading before it are repealed.

 Schedule II to the Order is repealed.

Coordinating Amendments

Marginal note:2013, c. 14
  •  (1) In this section, “other Act” means the Northern Jobs and Growth Act.

  • (2) If section 18 of the other Act comes into force before section 22 of this Act, then that section 22 is replaced by the following:

    • 22. (1) Paragraph 5.01(2)(a.1) of the Act is replaced by the following:

      • (a.1) in the case of land in the Northwest Territories, an order made by a territorial tribunal that is competent to resolve matters in dispute relating to access to the surface of lands; and

    • (2) Subsection 5.01(3) of the Act is replaced by the following:

  • (3) If section 22 of this Act comes into force before section 18 of the other Act, then that section 18 is repealed.

  • (4) If section 18 of the other Act comes into force on the same day as section 22 of this Act, then that section 22 is deemed to have come into force before that section 18 and subsection (3) applies as a consequence.

Repeals

Acts

Marginal note:Repeal

 The Northwest Territories Act, chapter N-27 of the Revised Statutes of Canada, is repealed.

Marginal note:Repeal

 The Northwest Territories Waters Act, chapter 39 of the Statutes of Canada, 1992, is repealed.

Marginal note:Repeal

 The Northwest Territories Surface Rights Board Act, chapter 14, section 11, of the Statutes of Canada, 2013, is repealed.

Orders and Regulations

Marginal note:Repeal of C.R.C., c. 1236

 The order entitled Game Declared in Danger of Becoming Extinct is repealed.

Marginal note:Repeal of C.R.C., c. 1238

 The Northwest Territories Reindeer Regulations is repealed.

Marginal note:Repeal of Order in Council P.C. 1987-7/466 of March 12, 1987

 The Management of Forests in the Northwest Territories Designation Order is repealed.

Marginal note:Repeal of Order in Council P.C. 1987-8/466 of March 12, 1987

 The Fire Management in the Northwest Territories Designation Order is repealed.

Marginal note:Repeal of SOR/2001-219

 The Northwest Territories Archaeological Sites Regulations is repealed.

Coming into Force

Marginal note:Order in council
  •  (1) This Part, other than sections 47 and 64, comes into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Section 47

    (2) Section 47 comes into force on a day to be fixed by order of the Governor in Council, on the recommendation of the Minister of the Environment.

PART 2R.S., c. T-7AMENDMENTS TO THE TERRITORIAL LANDS ACT

 Section 2 of the Territorial Lands Act is amended by adding the following in alphabetical order:

“penalty”

« pénalité »

“penalty” means an administrative monetary penalty imposed under this Act for a violation;

 Section 7 of the Act is replaced by the following:

Marginal note:Principal offences
  • 7. (1) Every person is guilty of an offence who

    • (a) contravenes any regulation made under section 5; or

    • (b) fails to comply with any term or condition of a permit issued under such a regulation.

  • Marginal note:Punishment

    (1.1) Every person who commits an offence under subsection (1) is liable on summary conviction,

    • (a) for a first offence, to a fine not exceeding $100,000; and

    • (b) for a second or subsequent offence, to a fine not exceeding $200,000.

  • Marginal note:Continuing offences

    (2) An offence under subsection (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.

 Section 21 of the Act is replaced by the following:

Marginal note:Offences and punishment — trespassing
  • 21. (1) A person who remains on territorial lands, returns to them or assumes any possession or occupancy of them after having been ordered to vacate them under section 20 or after having been removed from them under that section is guilty of an offence and 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.

  • Marginal note:Continuing offences

    (2) An offence under subsection (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.

 The Act is amended by adding the following after section 30:

Marginal note:Deeming — subsequent offences
  • 31. (1) For the purposes of subsections 7(1.1) and 21(1), 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 any Act of Parliament — or any Act of the legislature of a province — that relates to environmental or wildlife conservation or protection.

  • Marginal note:Application

    (2) Subsection (1) applies 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.

ADMINISTRATION AND ENFORCEMENT

Marginal note:Designation
  • 32. (1) The Minister may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of this Act.

  • Marginal note:Certificate of designation

    (2) An enforcement officer is to receive a certificate attesting to their designation and must, on request, present the certificate to any person appearing to be in charge of any place that the enforcement officer enters under subsection 33(1).

Marginal note:Authority to enter
  • 33. (1) An enforcement officer may, for a purpose related to verifying compliance with this Act, enter any place in which the enforcement officer has reasonable grounds to believe there is any document, information or other thing to which this Act applies.

  • Marginal note:Powers on entry

    (2) The enforcement officer may, for that purpose,

    • (a) examine any document, information or other thing that is in the place and open or cause to be opened any container or other thing;

    • (b) test or cause to be tested anything that is in the place;

    • (c) take samples of anything that is in the place;

    • (d) use, or cause to be used, any computer system in the place to examine any information contained in or available to the system;

    • (e) reproduce, or cause to be reproduced, any information in the form of a printout, or other intelligible output, and remove the printout, or other output, for examination or copying;

    • (f) use, or cause to be used, any copying equipment or means of telecommunication at the place;

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

    • (h) order the owner or person in charge of the place or any person at the place to establish their identity to the enforcement officer’s satisfaction or to stop or start an activity;

    • (i) order the owner or person having possession, care or control of anything that is in the place to not move it, or to restrict its movement, for as long as, in the enforcement officer’s opinion, is necessary;

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

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

  • Marginal note:Duty to assist

    (3) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the enforcement officer to perform their functions under this section and must provide any documents or information, and access to any data, that are reasonably required for that purpose.

  • Marginal note:Enforcement officer may be accompanied

    (4) The enforcement officer may be accompanied by any other person that they believe is necessary to help them perform their functions under this section.

  • Marginal note:Dwelling-place

    (5) An enforcement officer must not enter any place designed to be used and being used as a permanent or temporary private dwelling-place.

Marginal note:Private property

34. An enforcement officer and any person accompanying them may enter private property, other than a dwelling-place, and pass through it in order to gain entry to any place referred to in subsection 33(1).

Marginal note:False or misleading information
  • 35. (1) A person must not knowingly make a false or misleading statement or provide false or misleading information, in connection with any matter under this Act, to an enforcement officer who is performing their functions under section 33.

  • Marginal note:Obstruction or hindrance

    (2) A person must not obstruct or hinder an enforcement officer who is performing their functions under section 33.

ADMINISTRATIVE MONETARY PENALTIES

Regulations

Marginal note:Regulations
  • 36. (1) The Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 37 to 55, 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 its regulations,

      • (ii) the contravention of any order, direction or decision — or of any order, direction or decision of a specified class — made under this Act, or

      • (iii) the failure to comply with a term or condition of any permit or licence — or of any permit or licence of a specified class — 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 violations;

    • (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 considered to be served; and

    • (e) respecting reviews by the Minister in respect of a notice of violation.

  • Marginal note: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 must not be more than $25,000, in the case of an individual, and $100,000 in the case of any other person.

Violations

Marginal note:Who may issue notices

37. Persons who are designated as enforcement officers under section 32 are authorized to issue notices of violation.

Marginal note:Commission of violation
  • 38. (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 36(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations.

  • Marginal note:Purpose of penalty

    (2) The purpose of the penalty is to promote compliance with this Act and not to punish.

Marginal note:Liability of directors, officers, etc.

39. If a corporation commits a violation, any director, officer or agent 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.

Marginal note:Proof of violation

40. 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 of the person, whether or not the employee or agent is identified or proceeded against in accordance with this Act.

Marginal note:Issuance and service of notice of violation
  • 41. (1) If an enforcement officer believes on reasonable grounds that a person has committed a violation, the enforcement officer may issue a notice of violation and cause it to be served on the person.

  • Marginal note:Contents

    (2) The notice of violation must

    • (a) name the person that is believed to have committed the violation;

    • (b) set out the relevant facts surrounding 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 violation or the amount of the penalty, and of the period within which that right must 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.

Rules About Violations

Marginal note:Certain defences not available
  • 42. (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.

  • Marginal note: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.

Marginal note:Continuing violation

43. 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.

Marginal note:Violation or offence
  • 44. (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.

  • Marginal note: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.

Marginal note:Limitation period

45. No notice of violation is to be issued more than two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged violation.

Reviews

Marginal note:Right to request review

46. A person who is served with a notice of violation may — within 30 days after the day on which it is served or within any longer period that is prescribed by the regulations — make a request to the Minister for a review of the amount of the penalty or the facts of the violation, or both.

Marginal note:Correction or cancellation of notice of violation

47. At any time before a request for a review in respect of a notice of violation is received by the Minister, an enforcement officer may cancel the notice of violation or correct an error in it.

Marginal note:Review

48. On receipt of a request for a review in respect of a notice of violation, the Minister shall conduct the review.

Marginal note:Object of review
  • 49. (1) The Minister shall determine, as the case may be, whether the amount of the penalty was determined in accordance with the regulations or whether the person committed the violation, or both.

  • Marginal note:Determination

    (2) The Minister shall render a determination in writing and cause the person who requested the review to be served with a copy of the determination and the reasons for it.

  • Marginal note:Correction of penalty

    (3) If the Minister determines that the amount of the penalty was not determined in accordance with the regulations, the Minister shall correct it.

  • Marginal note:Responsibility

    (4) If the Minister determines that the person who requested the review committed the violation, that person is liable to the penalty as set out in the determination.

  • Marginal note:Determination final

    (5) A determination made under this section 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.

Marginal note:Burden of proof

50. If the facts of a violation are reviewed, the enforcement officer 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.

Responsibility

Marginal note:Payment

51. 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.

Marginal note:Failure to act

52. A person that 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 46 — is considered to have committed the violation and is liable to the penalty.

Recovery of Penalties

Marginal note:Debts to Her Majesty
  • 53. (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

  • Marginal note:Limitation period

    (2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable.

Marginal note:Certificate
  • 54. (1) The Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 53(1).

  • Marginal note: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.

General

Marginal note:Authenticity of documents

55. In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 41(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

 
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