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Mackenzie Valley Resource Management Act (S.C. 1998, c. 25)

Act current to 2020-07-28 and last amended on 2019-08-28. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2019, c. 19, s. 1

    • 2014, c. 2, s. 116

      1 Section 7.2 of the Mackenzie Valley Resource Management Act is replaced by the following:

      • Other requirements to be complied with

        7.2 For greater certainty, nothing in this Act, the regulations or a licence or permit or development certificate or amended development certificate issued under this Act authorizes a person to contravene or fail to comply with any other Act or any regulation or order made under it, except as provided in that other Act, regulation or order.

  • — 2019, c. 19, s. 13

    • 2014, c. 2, s. 199

      13 Section 111.1 of the Act is replaced by the following:

      • Federal Minister — powers, duties and functions

        111.1 The federal Minister shall exercise the powers and perform the duties and functions of any responsible minister who is a minister of the Crown in right of Canada for the purposes of subsections 130(1) to (3), sections 131.2, 135 and 137.2 and subsection 142.21(10).

  • — 2019, c. 19, s. 15

    • 15 The Act is amended by adding the following after section 117:

      • Prohibition — person or body carrying out development
        • 117.1 (1) The person or body that proposes to carry out a development shall not carry it out, in whole or in part, unless

          • (a) subject to subsection (2), the person or body receives a notice under subsection 124(1.1) in respect of the development;

          • (b) subject to subsection (2), the development is exempted from preliminary screening under subsection 124(2);

          • (c) subject to subsection (2), the person or body receives a copy of a report under subsection 125(6) stating that the development will not be a cause of public concern and either will not have a significant adverse impact on the environment or, in the case of a proposed development that is wholly within the boundaries of a local government, is unlikely to have a significant adverse impact on air, water or renewable resources;

          • (d) in the case of a proposal for a development that is the subject of an environmental assessment under section 126, the person or body carries it out in accordance with the conditions included in a development certificate issued under section 131.3, or an amended development certificate issued under subsection 142.21(17), with respect to that development; or

          • (e) in the case of a proposal for a development that is the subject of an environmental impact review under section 132, or an examination under section 138, 140 or 141, the person or body carries it out in accordance with the conditions included in a development certificate issued under section 137.4, or an amended development certificate issued under subsection 142.21(17), with respect to that development.

        • No contravention

          (2) A person or body may carry out a development, in whole or in part, if it is carried out within the period

          • (a) starting on the day on which

            • (i) the person or body receives a notice under subsection 124(1.1) with respect to the development,

            • (ii) the development is exempted from preliminary screening under subsection 124(2), or

            • (iii) the person or body receives a copy of a report under subsection 125(6) containing the conclusions set out in paragraph (1)(c) with respect to the development; and

          • (b) ending on the day on which that person or body receives notice of a referral to an environmental assessment under subsection 126(5).

        • Exception

          (3) Subsection (1) does not apply if section 119 applies.

  • — 2019, c. 19, s. 16

    • 16 Section 124 of the Act is amended by adding the following after subsection (1):

      • Notice of exemption

        (1.1) If the development is exempted from preliminary screening for a reason referred to in paragraph (1)(a) or (b), the regulatory authority or designated regulatory agency shall so notify the person or body that proposes to carry out the development in writing.

  • — 2019, c. 19, s. 18

    • 2005, c. 1, s. 79

      18 Section 129 of the Act is repealed.

  • — 2019, c. 19, s. 19

    • 2005, c. 1, s. 80(2); 2014, c. 2, s. 208(4)(F)

      19 Subsection 130(5) of the Act is replaced by the following:

      • Effect of decision

        (5) The federal Minister and responsible ministers shall carry out a decision made under this section to the extent of their respective authorities. In addition, a first nation, local government, regulatory authority or department or agency of the federal or territorial government affected by a decision made under this section shall act in conformity with the decision — including by implementing the conditions set out in a development certificate issued under section 131.3, or an amended development certificate issued under subsection 142.21(17), in relation to the proposed development — to the extent of their respective authorities.

  • — 2019, c. 19, s. 20

    • 20 Section 131 of the Act is amended by adding the following after subsection (1.6):

      • Provision of decision

        (1.7) The designated regulatory agency shall provide a decision made under subsection (1) to the Review Board.

  • — 2019, c. 19, s. 21

    • 21 Section 131.1 of the Act is amended by adding the following after subsection (1):

      • Provision of decision

        (1.1) The Tlicho Government shall provide a decision made under subsection (1) to the Review Board.

  • — 2019, c. 19, s. 22

    • 22 The Act is amended by adding the following after section 131.2:

      • Development certificate
        • 131.3 (1) The Review Board shall issue a development certificate to the person or body that proposes to carry out the development if

          • (a) the Review Board has made a determination under paragraph 128(1)(a) relating to that development and neither an order nor a referral is made under either paragraph 130(1)(a) or (c) relating to that development within 10 days after the day on which the Review Board receives confirmation that the federal Minister received its report relating to that determination made under subsection 128(2); or

          • (b) the federal Minister and the responsible ministers adopt, under paragraph 130(1)(b), with or without modifications, the Review Board’s recommendation made under subparagraph 128(1)(b)(ii) and neither the designated regulatory agency nor the Tlicho Government rejects that recommendation under paragraph 131(1)(b) or 131.1(1)(b), respectively.

        • Content of certificate

          (2) A development certificate shall indicate that the environmental assessment of the development has been completed and that the person or body that proposes to carry out the development may carry it out if they comply with the conditions set out in the certificate, obtain any licence, permit or other authorization required under any Act of Parliament or any territorial law or Tlicho law and comply with any other requirements set out in such an Act or law.

        • Conditions

          (3) A development certificate issued under paragraph (1)(b) shall set out the conditions that the person or body that proposes to carry out the development is to comply with, namely, the implementation of the following measures:

          • (a) if the federal Minister and the responsible ministers agree to adopt, without modifications, a recommendation made under subparagraph 128(1)(b)(ii), the measures that are to be implemented, in whole or in part, by that person or body as specified in the recommendation; or

          • (b) if the federal Minister and the responsible ministers agree to adopt a recommendation made under subparagraph 128(1)(b)(ii) with modifications, the measures that are to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under subparagraph 130(1)(b)(ii).

        • Time limit

          (4) A development certificate shall be issued,

          • (a) in the case of paragraph (1)(a), within 20 days after the expiry of the 10-day time limit set out in that paragraph; or

          • (b) in the case of paragraph (1)(b), within 30 days after the first day on which the Review Board has received all applicable decisions.

        • Extension of time limit

          (5) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (4) by a maximum of 45 days to take into account circumstances that are specific to the proposal.

        • Provision of certificate

          (6) The Review Board shall provide a copy of the development certificate to the federal Minister and to every first nation, local government, regulatory authority and department and agency referred to in subsection 130(4).

        • Statutory Instruments Act

          (7) Development certificates are not statutory instruments for the purposes of the Statutory Instruments Act.

      • Duty — regulatory authorities

        131.4 Each regulatory authority shall, to the extent of its authority to do so, incorporate the conditions referred to in subsection 131.3(3) into any licence, permit or other authorization that it issues, amends or renews.

  • — 2019, c. 19, s. 23

      • 23 (1) Subsection 136(1) of the Act is replaced by the following:

        • Distribution of decision
          • 136 (1) The federal Minister shall distribute a decision made under section 135 to the Review Board and to every first nation, local government, regulatory authority and department or agency of the territorial or federal government affected by the decision.

      • 2005, c. 1, s. 85; 2014, c. 2, s. 214(3)(F)

        (2) Subsection 136(2) of the Act is replaced by the following:

        • Effect of decision

          (2) The federal Minister and responsible ministers shall carry out a decision made under section 135 to the extent of their respective authorities. In addition, a first nation, local government, regulatory authority or department or agency of the federal or territorial government affected by a decision made under that section shall act in conformity with the decision — including by implementing the conditions set out in a development certificate issued under section 137.4, or an amended development certificate issued under subsection 142.21(17), in relation to the proposed development — to the extent of their respective authorities.

  • — 2019, c. 19, s. 24

    • 24 Section 137 of the Act is amended by adding the following after subsection (2):

      • Provision of decision

        (2.1) The designated regulatory agency shall provide a decision made under subsection (1) to the Review Board.

  • — 2019, c. 19, s. 25

    • 25 Section 137.1 of the Act is amended by adding the following after subsection (2):

      • Provision of decision

        (2.1) The Tlicho Government shall provide a decision made under subsection (1) to the Review Board.

  • — 2019, c. 19, s. 26

    • 26 The Act is amended by adding the following after section 137.3:

      • Development certificate
        • 137.4 (1) The Review Board shall issue a development certificate to the person or body that proposes to carry out the development if

          • (a) the federal Minister and the responsible ministers adopt, under subsection 135(1), with or without modifications, the review panel’s recommendation, set out in the report made under subsection 134(2), that the proposal for the development be approved, with or without mitigative or remedial measures or a follow-up program, and neither the designated regulatory agency nor the Tlicho Government rejects that recommendation under paragraph 137(1)(b) or 137.1(1)(b), respectively; or

          • (b) the federal Minister and the responsible ministers reject, under subsection 135(1), the review panel’s recommendation, set out in the report made under subsection 134(2), that the proposal for the development be rejected and, if applicable, the designated regulatory agency and the Tlicho Government reject that recommendation under paragraph 137(1)(b) or 137.1(1)(b), respectively.

        • Content of certificate

          (2) A development certificate shall indicate that the environmental impact review of the development has been completed and that the person or body that proposes to carry out the development may carry it out if they comply with the conditions set out in the certificate, obtain any licence, permit or other authorization required under any Act of Parliament or any territorial law or Tlicho law and comply with any other requirements set out in such an Act or law.

        • Conditions

          (3) A development certificate shall set out the conditions that the person or body that proposes to carry out the development is to comply with, namely, the implementation of the following measures or programs:

          • (a) if the federal Minister and the responsible ministers agree to adopt, without modifications, a recommendation made under subsection 134(2) to approve the proposal for the development with mitigative or remedial measures or a follow-up program, the measures or the program that is to be implemented, in whole or in part, by that person or body as specified in the recommendation;

          • (b) if the federal Minister and the responsible ministers agree to adopt, with modifications, a recommendation made under subsection 134(2) to approve the proposal for the development with mitigative or remedial measures or a follow-up program, the measures or the program that is to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under paragraph 135(1)(b);

          • (c) if the federal Minister and the responsible ministers agree to adopt, with modifications, a recommendation made under subsection 134(2) to approve the proposal for the development without mitigative or remedial measures or a follow-up program, the measures or the program that is to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under paragraph 135(1)(b); or

          • (d) if the federal Minister and the responsible ministers agree to reject a recommendation made under subsection 134(2) to reject the proposal for the development, the mitigative or remedial measures or the follow-up program that is to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under paragraph 135(1)(b).

        • Time limit

          (4) A development certificate shall be issued within 30 days after the first day on which the Review Board has received all applicable decisions.

        • Extension of time limit

          (5) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (4) by a maximum of 45 days to take into account circumstances that are specific to the proposal.

        • Provision of certificate

          (6) The Review Board shall provide a copy of the development certificate to the federal Minister and to every first nation, local government, regulatory authority and department and agency referred to in subsection 136(2).

        • Statutory Instruments Act

          (7) Development certificates are not statutory instruments for the purposes of the Statutory Instruments Act.

      • Duty — regulatory authorities

        137.5 Each regulatory authority shall, to the extent of its authority to do so, incorporate the conditions referred to in subsection 137.4(3) into any licence, permit or other authorization that it issues, amends or renews.

  • — 2019, c. 19, s. 27

    • 2005, c. 1, s. 87

      27 Subsection 138(2) of the Act is replaced by the following:

      • Provisions applicable

        (2) An examination by a review panel referred to in subsection (1) stands in lieu of an environmental impact review of the proposal and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 and 137.4 apply, with any modifications that are required, in respect of the examination, except that a recommendation of a panel shall not be referred back to the panel for further consideration.

  • — 2019, c. 19, s. 28

    • 2005, c. 1, s. 88

      28 Subsection 140(4) of the Act is replaced by the following:

      • Provisions applicable

        (4) An examination by a joint panel established under subsection (2) stands in lieu of an environmental impact review of the proposal and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 and 137.4 apply, with any modifications that are required, in respect of the examination, except that a recommendation of a panel shall not be referred back to the panel for further consideration.

  • — 2019, c. 19, s. 29

    • 2005, c. 1, s. 89(2)

      29 Subsection 141(6) of the Act is replaced by the following:

      • Provisions applicable

        (6) An examination by a review panel or joint panel referred to in subsection (2) or (3) stands in lieu of an environmental impact review of the proposal referred to in that subsection and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 and 137.4 apply, with any modifications that are required, in respect of the examination, except that a recommendation of a panel shall not be referred back to the panel for further consideration.

  • — 2019, c. 19, s. 31

    • 31 The Act is amended by adding the following after section 142.2:

      Amendment of Certificate

      • Examination
        • 142.21 (1) With the approval of the federal Minister, the Review Board may, on its own initiative or at the request of the person or body to which a development certificate was issued under section 131.3 or 137.4 or any interested person, examine the conditions of that certificate if

          • (a) the conditions are not achieving their intended purpose or are having effects that are significantly different from those anticipated at the time the certificate was issued;

          • (b) the circumstances relating to the development are significantly different from those anticipated at the time the certificate was issued; or

          • (c) technological developments or new information provides a more efficient method of achieving the intended purpose of the conditions.

        • Minister’s initiative

          (2) The Review Board shall examine the conditions set out in a development certificate that it has issued if the federal Minister is of the opinion that any of paragraphs (1)(a) to (c) applies and so advises the Review Board.

        • Notice

          (3) The Review Board shall notify the person or body and the federal Minister in writing of an examination undertaken under subsection (1) or the person or body of an examination undertaken under subsection (2).

        • Conduct of examination

          (4) The Review Board may conduct its examination of the conditions in the manner that it considers appropriate in the circumstances.

        • Report

          (5) Within five months after the day on which the federal Minister gives the Review Board his or her approval under subsection (1) or advises the Review Board of his or her opinion under subsection (2), the Review Board shall submit a written report to the federal Minister that contains

          • (a) an assessment of the conditions in force; and

          • (b) its recommendations as to the conditions that should apply in respect of the development.

        • Extension of time limit by federal Minister

          (6) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (5) by a maximum of two months to take into account circumstances that are specific to the development.

        • Extension of time limit by Governor in Council

          (7) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (6) any number of times.

        • Excluded period

          (8) If the Review Board requires the person or body to which the development certificate in question was issued to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the Review Board’s opinion, to comply with the requirement is not included in the calculation of the time limit or of its extension.

        • Report to ministers

          (9) The federal Minister shall distribute the Review Board’s report to every responsible minister.

        • Ministers’ decision

          (10) The federal Minister and the responsible ministers may agree, in respect of each recommendation in that report, either to

          • (a) accept it;

          • (b) refer it back to the Review Board for further consideration; or

          • (c) after consulting the Review Board, adopt it with modifications.

        • Distribution of decision

          (11) The federal Minister shall distribute a decision made under subsection (10) to the Review Board and to every first nation, local government, regulatory authority and department and agency of the federal or territorial government affected by the decision.

        • Time limits

          (12) The federal Minister shall distribute a decision made under this section within three months after the day on which the federal Minister receives the Review Board’s report under subsection (5).

        • Extension of time limit by federal Minister

          (13) The federal Minister may extend the time limit referred to in subsection (12) by a maximum of two months to take into account circumstances that are specific to the development.

        • Extension of time limit by Governor in Council

          (14) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (13) any number of times.

        • Time limit — further consideration

          (15) If a recommendation is referred back to the Review Board for further consideration under paragraph (10)(b), the time taken for that referral and consideration is included in the calculation of the time limit set out in subsection (12) or of its extension.

        • Excluded period

          (16) If the federal Minister or the Review Board requires the person or body to which the development certificate in question was issued to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the federal Minister’s or the Review Board’s opinion, as the case may be, to comply with the requirement is not included in the calculation of the time limit under subsection (12) or of its extension.

        • Amended development certificate

          (17) Within 30 days after the day on which the Review Board receives the decision under subsection (10), it shall issue an amended development certificate that sets out the conditions contained in that decision.

        • Application

          (18) Subsections 131.3(2), (6) and (7) or subsections 137.4(2), (6) and (7) apply, as the case may be, to an amended development certificate.

      • Duty — regulatory authorities

        142.22 Each regulatory authority shall, to the extent of its authority to do so, incorporate the conditions referred to in subsection 142.21(17) into any licence, permit or other authorization that it issues, amends or renews.

      Developments not Carried Out

      • Development certificate not valid
        • 142.23 (1) A development certificate issued under section 131.3 or 137.4 ceases to be valid five years after the day on which it is issued, if the proposed development for which the certificate is issued is not commenced within those five years.

        • Amended development certificate not valid

          (2) An amended development certificate issued under subsection 142.21(17) ceases to be valid five years after the day on which the certificate in relation to that development is issued under section 131.3 or 137.4, as the case may be, if the proposed development for which the certificate is issued is not commenced within those five years.

        • Prohibition

          (3) It is prohibited to carry out a proposed development, in whole or in part, if the development certificate or amended development certificate issued in relation to it has ceased to be valid.

        • New environmental assessment

          (4) If a development certificate or amended development certificate has ceased to be valid, the person or body that proposes to carry out the development may make a request to the Review Board that it conduct a new environmental assessment of the proposed development and, in that case, the proposal is deemed to be referred to the Review Board under section 125.

        • Consideration of previous assessment activities

          (5) In conducting the new environmental assessment, the Review Board shall consider, and may rely on, any assessment activities previously carried out under this Part in respect of the proposed development.

      Administration and Enforcement

      Designation
      • Designation

        142.24 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 142.29.

      Powers
      • Authority to enter
        • 142.25 (1) An inspector may, for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 142.29, enter a place in which they have reasonable grounds to believe that a development is being carried out or a document or any thing relating to a development is located.

        • 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) remove anything from the place for examination or copying;

          • (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 inspector’s satisfaction or to stop or start an activity;

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

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

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

        • 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.

        • Duty to assist

          (4) The owner or person in charge of the place and every person in it shall give all assistance that is reasonably required to enable the inspector to verify compliance or prevent non-compliance with this Part or orders made under section 142.29 and shall provide any documents, data or information that are reasonably required for that purpose.

        • Notice

          (5) An inspector shall, if it is reasonable to do so, give prior notice of their entry to

          • (a) the Gwich’in or Sahtu First Nation, if the entry is on its first nation lands;

          • (b) the Tlicho Government, if the entry is on Tlicho lands.

      • Warrant for dwelling-house
        • 142.26 (1) If the place referred to in subsection 142.25(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).

        • 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 142.25(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 142.29; 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.

      • Entering private property
        • 142.27 (1) For the purpose of gaining entry to a place referred to in subsection 142.25(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.

        • 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 142.25(1) and is not liable for doing so.

      • Use of force

        142.28 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
      • Measures required
        • 142.29 (1) If an inspector has reasonable grounds to believe that there is a contravention of this Part, they may, among other things, order a person to

          • (a) stop doing something that is in contravention of this Part or cause it to be stopped; or

          • (b) take any measure that is necessary in order for the person to comply with this Part or to mitigate the effects of the contravention.

        • 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.

      • Measures taken by inspector
        • 142.3 (1) If a person does not comply with an order made under section 142.29 within the time specified, the inspector may, on their own initiative, take the measures specified in the order.

        • 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.

      Coordination
      • Activities — inspectors

        142.31 An inspector shall coordinate their activities with those of any inspector designated under Part 3 and any person designated for the purposes of verifying compliance or preventing non-compliance with any other Act of Parliament or territorial law so as to ensure efficiency and avoid duplication.

  • — 2019, c. 19, s. 34

    • 34 The Act is amended by adding the following after section 144:

      Prohibitions, Offences and Punishment

      • 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.

      • 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.

      • 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

          • (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.

        • 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.

        • 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.

        • 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.

      • 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.

      • 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.

        • 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.

        • 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.

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