An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts (S.C. 2019, c. 19)
Full Document:
- HTMLFull Document: An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts (Accessibility Buttons available) |
- PDFFull Document: An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts [594 KB]
Assented to 2019-06-21
PART 11998, c. 25Mackenzie Valley Resource Management Act (continued)
Amendments to the Act (continued)
32 (1) Subsection 143(1) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after paragraph (g):
(h) respecting the recovery of amounts and costs for the purposes of section 142.01, including prescribing the amounts, services and period for the purposes of that section and exempting any class of person or body that proposes to carry out the development from the application of that section; and
(i) establishing requirements respecting any consultation that may be undertaken under this Part, whether or not it is expressly provided for, 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.
Marginal note:2005, c. 1, s. 90(3)
(2) Subsection 143(2) of the Act is replaced by the following:
Marginal note:Consultation with Review Board
(2) Regulations may only be made under any of paragraphs (1)(a) and (d) to (i), and regulations made under paragraph (1)(b) or (c) may only be amended, following consultation by the federal Minister with the Review Board.
Marginal note:Consultation with boards established under Parts 3 and 4
(2.1) In addition, the federal Minister shall consult the boards established under Parts 3 and 4 before making or amending any regulations under paragraph (1)(i) that relate to any consultation undertaken by one of those boards in relation to a preliminary screening.
33 The Act is amended by adding the following after section 143:
Marginal note:Incorporation by reference — limitation removed
143.1 The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to the powers to make regulations under this Part.
34 The Act is amended by adding the following after section 144:
Prohibitions, Offences and Punishment
Marginal note:Obstruction
144.01 It is prohibited to knowingly obstruct or hinder an inspector who is exercising their powers or performing their duties and functions under this Part.
Marginal note:False statements or information
144.02 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 Part to any person who is exercising their powers or performing their duties and functions under this Part.
Marginal note:Offence
144.03 (1) Every person or body that proposes to carry out a development and that contravenes section 117.1 and every person who contravenes subsection 142.23(3) or an order made under subsection 142.29(1) is guilty of an offence and is liable on summary conviction
Marginal note:Obstruction or false statements or information
(2) Every person who contravenes section 144.01 or 144.02 is guilty of an offence and is liable on summary conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both.
Marginal note:Continuing offences
(3) 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.
Marginal note:Due diligence defence
(4) No one is to be convicted of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
Marginal note:Limitation period or prescription
144.04 No proceedings in respect of an offence under this Part 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.
Marginal note:Admissibility of evidence
144.05 (1) In proceedings for an offence under this Part, a certificate, report or other document of the federal Minister, the Review Board, a regulatory authority, a designated regulatory agency or an inspector that is purported to have been signed by that person, board or authority 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.
Marginal note: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, the Review Board, a regulatory authority, a designated regulatory agency or an inspector that appears to have been certified under the signature of that person, board or authority 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.
Marginal note: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.
Marginal note: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.
35 The Act is amended by adding the following before Part 6:
PART 5.1Administrative Monetary Penalties
Interpretation
Marginal note:Definitions
144.1 The following definitions apply in this Part.
- board
board has the same meaning as in section 51 or subsection 96(1), as the case may be. (office)
- inspector
inspector means a person designated as an inspector under section 84 or 142.24. (inspecteur)
- management area
management area has the same meaning as in section 51. (zone de gestion)
- penalty
penalty means an administrative monetary penalty imposed under this Part for a violation. (pénalité)
- review body
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)
Federal Minister’s Powers
Marginal note: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.
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 shall 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
144.12 Inspectors are authorized to issue notices of violation.
Marginal note: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.
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.
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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Rules About Violations
Marginal note: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
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
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.
Marginal note: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.
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
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.
Reviews
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:Copy of determination
(8) The review body shall, without delay after making the determination, provide a copy of it to
Responsibility
Marginal note: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.
Marginal note: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.
Recovery of Penalties
Marginal note: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.
Marginal note: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.
Marginal note: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).
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
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.
Marginal note: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.
Marginal note:Restriction of publication
(2) The board may only make that information public if
PART 5.2Regional Studies
Committee Studying Impact of Works and Activities
Marginal note: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.
Marginal note:Appointment of members
(2) The federal Minister shall appoint one or more persons as members of the committee.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Joint Committee
Marginal note: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.
Report
Marginal note: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.
Marginal note: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.
- Date modified: