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

Marginal note:Principal offences — water use and waste deposit

• 92.01 (1) Every person is guilty of an offence who

  • (a) contravenes subsection 72(1) or section 72.01;

  • (b) fails to comply with subsection 72(3); or

  • (c) contravenes or fails to comply with an order given by an inspector under section 86.1.

• Marginal note:Punishment

  (2) Every person who is guilty of an offence under subsection (1) 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.

Marginal note:Offences — type A licensees

• 92.02 (1) Every type A licensee who holds such a licence in respect of a federal area is guilty of an offence who

  • (a) contravenes or fails to comply with any condition of the licence, if the contravention or failure to comply does not constitute an offence under section 92.04; or

  • (b) without reasonable excuse, fails to furnish or maintain security as required under subsection 72.11(1).

• Marginal note:Punishment

  (2) Every licensee who commits an offence under subsection (1) 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.

Marginal note:Offences — type B licensees

• 92.03 (1) Every type B licensee who holds such a licence in respect of a federal area is guilty of an offence who

  • (a) contravenes or fails to comply with any condition of the licence, if the contravention or failure to comply does not constitute an offence under section 92.04; or

  • (b) without reasonable excuse, fails to furnish or maintain security as required under subsection 72.11(1).

• Marginal note:Punishment

  (2) Every licensee who is guilty of an offence under subsection (1) is liable on summary conviction,

  • (a) for a first offence, to a fine not exceeding $37,500 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 $75,000 or to imprisonment for a term not exceeding six months, or to both.

Marginal note:Other offences — water use and waste deposit

92.04 Every person is guilty of an offence punishable on summary conviction who

• (a) contravenes or fails to comply with subsection 87(1), (2) or (3), in relation to the use of waters or the deposit of waste in a federal area, or any regulations made under paragraph 90.3(1)(p), (q) or (r); or

• (b) except as authorized under this Part or any other Act of Parliament, wilfully obstructs or otherwise interferes with a licensee who holds a licence in respect of a federal area or any person acting on behalf of the licensee in the exercise of any rights granted to the licensee under this Part.

Marginal note:Continuing offences

92.05 An offence under subsection 92(1), 92.01(1), 92.02(1) or 92.03(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:Deeming — subsequent offence for land use

• 92.1 (1) For the purposes of subsections 92(1) and (4), 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 an Act of Parliament — or an Act of the legislature of a province — that relates to environmental or wildlife conservation or protection or heritage resources.

• Marginal note:Deeming — subsequent offence for water use

  (1.1) For the purposes of subsections 92.01(2), 92.02(2) and 92.03(2), 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 an Act of Parliament — or an Act of the legislature of a province — that relates to environmental or wildlife conservation or protection.

• Marginal note:Application

  (2) Subsections (1) and (1.1) apply 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.

Marginal note:Limitation period or prescription

93 No proceedings in respect of an offence under section 92, 92.01, 92.02, 92.03, 92.04 or 92.05 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

• 93.1 (1) In proceedings for an offence under this Part, a certificate, report or other document of the federal Minister, a board or an inspector that is purported to have been signed by that person or board 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, a board or an inspector that appears to have been certified under the signature of that person or board 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.

Marginal note:Certificate of analyst

• 93.2 (1) Subject to this section, a certificate purporting to be signed by an analyst and stating that the analyst has analysed or examined a sample submitted to the analyst by an inspector and stating the result of the analysis or examination is admissible in evidence in any prosecution under this Part and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.

• Marginal note:Attendance of analyst

  (2) A party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

• Marginal note:Notice

  (3) No certificate is to be received in evidence under subsection (1) 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 certificate.

Exemptions

Marginal note:Posting of security

94 Notwithstanding section 7, Her Majesty in right of Canada and, for greater certainty, the territorial government shall not be required to post security pursuant to section 71.

Marginal note:Fees

95 Despite subsection 72.03(1) or any territorial law, the Gwich’in and Sahtu First Nations, the Tlicho Government and the Déline Got’ine Government are not required to pay any fee in respect of the use of waters or the deposit of waste for non-commercial purposes on their first nation lands, Tlicho lands or Déline lands as the case may be.

PART 4Mackenzie Valley Land and Water Board

Interpretation and Application

Marginal note:Definitions

• 96 (1) The definitions in this subsection apply in this Part.

  Board

  Board means the Mackenzie Valley Land and Water Board established by subsection 99(1). (Office)

  licence

  licence means

  • (a) with respect to a federal area, a type A or type B licence permitting the use of waters or the deposit of waste, or both, issued by the Board under this Part; or

  • (b) with respect to lands outside a federal area, a type A or type B licence or any other licence relating to the use of waters or the deposit of waste, or both, issued by the Board under this Part in accordance with any territorial law. (permis d’utilisation des eaux)

  permit

  permit means a permit for the use of land issued by the Board under this Part, and “permittee” has a corresponding meaning. (permis d’utilisation des terres)

• Marginal note:Terms defined in Part 3

  (2) In this Part, the expressions first nation lands, land, management area and waters have the same meaning as in Part 3.

• Marginal note:Meaning of permit

  (3) For the purposes of this Part, references to a permit in section 90, in the regulations made pursuant to that section and in sections 90.1, 90.2 and 92 include a permit as defined in subsection (1).

• Marginal note:Reference to “licence”

  (4) For the purposes of this Part, a reference to “licence” in section 90.3, in the regulations made under that section and in sections 72.02, 79.4 and 92.02 to 92.04 includes a licence as defined in subsection (1).

Marginal note:National parks and historic sites

• 97 (1) Subject to paragraph 102(2)(b), this Part does not apply in respect of the use of land or waters or the deposit of waste within a park or park reserve to which the Canada National Parks Act applies or within lands acquired pursuant to the Historic Sites and Monuments Act.

• Marginal note:Consultation with Board

  (2) Notwithstanding subsection (1), an authority responsible for authorizing uses of land or waters or deposits of waste in a portion of the Mackenzie Valley excluded by that subsection from the application of this Part shall consult the Board before authorizing any such use or deposit.

• Marginal note:Consultation with authority

  (3) The Board shall consult the responsible authority referred to in subsection (2) before issuing a licence, permit or authorization for a use of land or waters or deposit of waste that may have an effect in the portion of the Mackenzie Valley excluded by subsection (1) from the application of this Part.