Environmental Protection Act

(1) This Act applies to the whole of the Northwest Territories. R.S.N.W.T. 1988, c.117(Supp.),s.3; S.N.W.T. 2011,c.16,s.8(2); S.N.W.T. 2017,c.17,s.3.

(2) Repealed, S.N.W.T. 2017,c.17,s.3.

(1) The Commissioner in Executive Council may, in accordance with the regulations, exempt any person or class of persons, equipment or contaminant from all or any provision of this Act or the regulations.

(2) If the Commissioner in Executive Council intends to exempt any person or class of persons, equipment or contaminant from all or any provision of this Act or the regulations, the Commissioner in Executive Council shall

(3) Notwithstanding subsections (1) and (2), if the Minister is of the opinion that an emergency situation requires an immediate response, the Minister may exempt any person or class of persons, equipment or contaminant from all or any provision of this Act or the regulations, without providing either notice of the proposed exemption or an opportunity to make representations with respect to it. S.N.W.T. 2017,c.17,s.3.1.

(1) The Minister may enter into agreements with a province or territory, or with any person, institution, organization or firm respecting the administration and enforcement of

(2) The Minister and the Commissioner may enter into agreements with the Government of Canada respecting the administration and enforcement of

R.S.N.W.T. 1988, c.117(Supp.),s.4; S.N.W.T. 2011, c.16,s.8(3).

(2) Where the Minister establishes a body under subsection (1), the Minister may

(3) The Minister shall specify the functions that the body is to perform and the manner in which the functions are to be performed.

(4) Where the Minister establishes a board, the board has the powers, rights and privileges of the Supreme Court or a judge of that court for the trial of a civil action with regard to the

(5) Where a person appearing before a board refuses to comply with a requirement of the board under subsection (4), the board may, by its own application or as a party to a proceeding, apply to the Supreme Court for an order compelling compliance with the requirement of the board.

(6) Where the Minister establishes a board, the Minister shall publish a notice in the Northwest Territories Gazette indicating the membership of the board, the functions the board is to perform and the manner in which the functions are to be performed. R.S.N.W.T. 1988,c.117(Supp.),s.4; S.N.W.T. 1995, c.11,s.18(2).

(1) The Minister may direct that a public inquiry be held where a discharge of a contaminant has resulted in

(2) The Minister may appoint persons to conduct the inquiry.

(3) The provisions of the Public Inquiries Act apply to a public inquiry. R.S.N.W.T. 1988,c.117 (Supp.),s.4.

(1) The Minister shall appoint a Chief Environmental Protection Officer who shall administer and enforce this Act and the regulations.

(2) The Chief Environmental Protection Officer may appoint inspectors and shall specify in the appointment the powers that may be exercised and the duties that may be performed by the inspector under this Act and the regulations.

(3) The Chief Environmental Protection Officer may exercise any of the powers or perform any of the duties of an inspector. R.S.N.W.T. 1988,c.75(Supp.), s.4; c.117(Supp.),s.5.

(1) For the purposes of enforcing the provisions of this Act and the regulations, every inspector is a peace officer.

(2) Members of the Royal Canadian Mounted Police and officers appointed under section 107 of the Wildlife Act are, by virtue of their offices, inspectors. R.S.N.W.T. 1988, c.117(Supp.), s.6; S.N.W.T. 2011, c.16,s.8(4); S.N.W.T. 2013,c.30,s.176.

(1) Where the Chief Environmental Protection Officer is of the opinion, based on reasonable grounds, that it is necessary or advisable for the protection of the environment to do so, the Chief Environmental Protection Officer may, by order directed to any person, require that person

(2) Where an inspector believes on reasonable grounds that a discharge of a contaminant in contravention of this Act, the regulations or a provision of a permit or licence is likely to occur, the inspector may issue an order requiring any person whose actions may increase the likelihood of a discharge or the owner or person in charge, management or control of the contaminant to take the preventive measures that the inspector considers necessary. R.S.N.W.T. 1988,c.117(Supp.),s.7.

(1) Subject to subsection (3), no person shall discharge or permit the discharge of a contaminant into the environment.

(2) Repealed, R.S.N.W.T. 1988,c.117(Supp.), s.8.

(3) Subsection (1) does not apply where the person who discharged the contaminant or permitted the discharge of the contaminant establishes that

(4) The exceptions set out in subsection (3) do not apply

R.S.N.W.T. 1988,c.75(Supp.),s.5; c.117(Supp.),s.8; S.N.W.T. 1995,c.11,s.18(3); S.N.W.T. 2017,c.17,s.5.

(1) Where an inspector believes on reasonable grounds that a discharge of a contaminant in contravention of this Act or the regulations or a provision of a permit or licence issued under this Act or the regulations has occurred or is occurring, the inspector may issue an order requiring any person causing or contributing to the discharge or the owner or the person in charge, management or control of the contaminant to stop the discharge by the date named in the order.

(2) Repealed, R.S.N.W.T. 1988,c.117(Supp.), s.10.

(3) The issue of an order under this section does not preclude the prosecution of an offence under paragraph 12(1)(a). R.S.N.W.T. 1988,c.75(Supp.), s.5; c.117 (Supp.),s.10.

(1) Notwithstanding section 6, where a person discharges or permits the discharge of a contaminant into the environment, an inspector may order that person to repair or remedy any injury or damage to the environment that results from the discharge.

(2) Where a person fails or neglects to repair or remedy any injury or damage to the environment in accordance with an order made under subsection (1) or where immediate remedial measures are required to protect the environment, the Chief Environmental Protection Officer may cause to be carried out the measures that he or she considers necessary to repair or remedy an injury or damage to the environment that results from any discharge.

(3) Repealed, R.S.N.W.T. 1988,c.117 (Supp.), s.11.

(1) Notwithstanding section 8, where, in the opinion of an inspector, an emergency exists and an order must be issued under section 4 or 6 or subsection 7(1), the inspector may issue a verbal or written order to the person who, in the opinion of the inspector, is the person best able to comply with the order.

(2) An order issued under subsection (1) shall take effect from the time it is issued.

(3) A verbal order issued under subsection (1) shall have the same force and effect as a written order.

(4) An order issued under subsection (1) shall be served in written form in accordance with section 8 as soon as is practicable after it is issued. R.S.N.W.T. 1988,c.117(Supp.),s.13.

(1) Where an inspector believes on reasonable grounds that any land is unsightly, the Chief Environmental Protection Officer may issue a written order to the owner of the land or the last person to own or occupy the land to improve the condition of the land in such manner and to such extent as may be set out in the order.

(2) Where a person fails to comply with an order under subsection (1), the Chief Environmental Protection Officer may take such action as he or she considers necessary to improve the condition of the land in accordance with the order.

(3) No order may be made under subsection (1) to a person who is the last person to own or occupy land that is unsightly more than five years after that person ceased to own or occupy the land. R.S.N.W.T. 1988,c.117(Supp.),s.14.

(1) Every person who intends to discharge a contaminant into the environment, which discharge is to be authorized by this Act or the regulations, shall

(2) For greater certainty, being exempted from complying with any requirement under subsection (1) does not relieve a person from complying with any remaining requirements under that subsection. S.N.W.T. 2017,c.17,s.6.

(1) The Minister shall appoint a Controller of Licensing who shall, in accordance with the regulations, issue permits and licences.

(2) Every permit or licence is subject to this Act and the regulations and to the terms and conditions that apply to the permit or licence.

(3) The Controller of Licensing may attach any terms or conditions to the permit or licence that he or she considers appropriate at the time of issuance of the permit or licence.

(4) The Controller of Licensing may engage the services of experts or persons having technical or other knowledge to advise the Controller of Licensing or to inquire into and report to the Controller of Licensing on matters within the jurisdiction of the Controller of Licensing. R.S.N.W.T. 1988,c.117 (Supp.),s.14.

(1) Every application for a permit or licence shall be accompanied by the prescribed fee.

(2) Every permit, licence, application and report issued or prepared under this Act or the regulations shall be in the prescribed form. R.S.N.W.T. 1988, c.117(Supp.),s.14.

(1) An applicant for a permit or licence or an amendment to a permit or licence shall publish notice of the application in the prescribed manner.

(2) An applicant shall provide proof of publication of the notice to the Controller of Licensing in accordance with the regulations.

(3) Where a notice is published, interested persons may provide written comments to the Controller of Licensing within the time provided in the notice. R.S.N.W.T. 1988,c.117(Supp.),s.14.

(1) The Controller of Licensing may, seven days after serving a notice in accordance with section 8, suspend a permit or licence where fees or charges in respect of the permit or licence are owing and have remained unpaid for 30 days.

(2) The Controller of Licensing may suspend a permit or licence referred to in subsection (1) until he or she receives the fees or charges that are owing. R.S.N.W.T. 1988,c.117(Supp.),s.14.

(1) Where the Controller of Licensing believes on reasonable grounds that the person holding the permit or licence or the employees or agents of the person have violated a provision of this Act, the regulations or a provision of a permit or licence, the Controller of Licensing may, three days after serving a notice in accordance with section 8, suspend a permit or licence for such period as he or she thinks reasonable.

(2) Where a court refrains from suspending or cancelling the permit or licence of a person who is found guilty of an offence under this Act or the regulations, the Controller of Licensing shall not suspend the permit or licence of that person in respect of that violation.

(3) Where the Controller of Licensing suspends the permit or licence of a person for a violation of a provision of this Act or the regulations or a provision of a permit or licence and a court acquits the person of the charge of violating that provision, the suspension of the permit or licence ceases. R.S.N.W.T. 1988, c.117(Supp.),s.14.

(1) Where the Controller of Licensing refuses to issue a permit or licence or suspends a permit or licence, the Controller of Licencing shall provide written reasons for the refusal or suspension to the applicant or to the permit or licence holder as the case may be.

(2) The Controller of Licensing shall serve, in accordance with section 8, notice of the refusal or suspension under subsection (1) and written reasons for the refusal or suspension. R.S.N.W.T. 1988,c.117 (Supp.),s.14.

(1) A person whose application for a permit or licence is refused may, within 30 days of receiving notice of the refusal, send a notice of appeal from that decision to the Minister.

(2) A person whose permit or licence has been issued subject to conditions may, within 30 days of receiving the permit or licence, send a notice of appeal of the conditions to the Minister.

(3) A person whose permit or licence has been suspended may, within 30 days of receiving notice of the suspension, send a notice of appeal of the suspension to the Minister.

(4) Within 30 days of the issuance of an order under this Act a person may send a notice to the Minister to appeal for relief from the order. R.S.N.W.T. 1988,c.117(Supp.),s.14.

(1) An appeal of an order made under section 4 or 9.3 acts as a stay of the operation of the order appealed.

(2) An appeal of an order made under section 6 or subsection 7(1) does not act as a stay of the operation of the order appealed. R.S.N.W.T. 1988, c.117 (Supp.),s.14.

(1) The Minister may engage the services of experts or take such other reasonable actions as he or she considers necessary to obtain the information the Minister requires to make a decision on an appeal.

(2) In addition to any action taken under subsection (1), the Minister may require the appellant to provide such further information as the Minister considers necessary and the appellant shall provide the information.

(3) Within 60 days of receiving a notice of appeal under this Act, the Minister shall

(4) Within 14 days of making a decision on an appeal, the Minister shall serve the appellant, in accordance with section 8, with written reasons. R.S.N.W.T. 1988,c.117 (Supp.),s.14.

(1) Subject to subsection (2), the decision of the Minister is final.

(2) An appeal from a decision of the Minister lies to the Supreme Court on a question of law or jurisdiction.

(3) An appeal under subsection (2) must be made within 15 days of service under subsection 10.12(4). R.S.N.W.T. 1988,c.117 (Supp.),s.14.

(1) Subject to subsection (3), an inspector, acting in the exercise of a duty or in the performance of a power under this Act may enter and pass over any public or private land without being liable for trespass.

(2) A person who is subject to an order may enter and pass over any public or private land without being liable for trespass when the trespass is necessary for compliance with the order.

(3) An inspector or other person referred to in subsections (1) and (2) who enters and passes over land under the authority of that subsection is liable for damages to the land resulting from his or her activities.

(4) Subsections (1) and (3) apply to any person who is assisting an inspector. R.S.N.W.T. 1988, c.117 (Supp.),s.15.

(1) In this section,

"environmental audit" means an independent assessment of

"environmental site assessment" means an independent assessment of a site or the operations on a site to

(2) Where a person voluntarily provides the Chief Environmental Protection Officer with detailed information which that person has obtained through an environmental audit or an environmental site assessment about that person’s non-compliance with this Act, the regulations, guidelines or environmental standards, the Chief Environmental Protection Officer may

(3) For greater certainty, the fact that the Chief Environmental Protection Officer has negotiated or entered into an agreement with a person under paragraph (2)(a) does not operate as a bar to the Chief Environmental Protection Officer making an order under section 4 or 6 or subsection 7(1).

(4) A person who voluntarily provides the Chief Environmental Protection Officer with information under subsection (2) about that person’s non- compliance with this Act or the regulations shall not be prosecuted for the non-compliance if the person complies with

(5) Subsection (4) does not apply where

(6) The fact that an agreement was entered into under paragraph (2)(a) does not preclude the prosecution of the person who is a party to the agreement in respect of matters not covered by the agreement.

(7) No person shall knowingly provide false information or documents or make false statements to the Chief Environmental Protection Officer or an inspector respecting the person’s compliance or non- compliance with this Act or the regulations. S.N.W.T. 1998,c.21,s.6(3).

(1) Every person who

is guilty of an offence punishable on summary conviction and is liable

(2) Every person who fails to comply with the terms of

is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months or to both. R.S.N.W.T. 1988, c.75(Supp.), s.6,7; c.117(Supp.),s.16.

(1) Subject to subsection (2), where a court makes an order under section 12.2, on application for review by the prosecutor, the Chief Environmental Protection Officer or the person who is the subject of the order, the court may require that person to appear before the court and, after hearing the evidence, the court may

(2) Before making an order under subsection (1), the court may direct that notice be given to the persons whom the court considers to be interested persons and the court may hear any such person.

(3) Where an application made under subsection (1) has been heard by the court, no other application under that subsection may be made with respect to that person except with leave of the court. R.S.N.W.T. 1988,c.75(Supp.),s.8; c.117(Supp.),s.19.

(1) Every contravention of this Act or failure to comply with the terms of an order or notice made or given under this Act is a continuing offence and a separate information may be laid for each day the offence continues, and the punishment provided for in section 12 or 12.1, as the case may be, applies for each conviction resulting from the laying of each information.

(2) The conviction of a person for an offence under this Act does not operate as a bar to further prosecution for the continued neglect or failure on his or her part to comply with this Act or any order or notice made or given under this Act.

(3) Nothing in section 4, 6, 8.1, 9.3 or subsection 7(1) operates as a bar to a prosecution for contravening section 5 or 5.1. R.S.N.W.T. 1988, c.117(Supp.),s.21.

(1) Where a corporation commits an offence under this Act or the regulations, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and is guilty of the offence.

(2) An officer, director or agent of a corporation is liable to conviction under this section whether or not the corporation has been prosecuted for or convicted of the offence. R.S.N.W.T. 1988,c.75 (Supp.),s.9.

(1) Where, on the application of the Minister, it appears to a judge of the Supreme Court that a person has done or is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under this Act, the judge may issue an injunction ordering any person named in the application

(2) No injunction shall be issued under subsection

(1) unless the party or parties named in the application have been served in accordance with section 8 with 48 hours notice or the urgency of the situation is such that service of notice would not be in the public interest. R.S.N.W.T. 1988,c.117(Supp.), s.24.

(1) The Government of the Northwest Territories may claim and recover the reasonable costs and expenses incurred in taking any measures under this Act from every person who, through his or her actions or negligence or the actions or negligence of others for whom he or she is by law responsible, caused, permitted or contributed to the discharge of a contaminant or otherwise contravened the provisions of this Act or the regulations.

(2) Where the Government of the Northwest Territories may claim and recover costs and expenses from two or more persons under subsection (1), the costs and expenses may be recovered jointly and severally from those persons.

(3) Where a person fails to comply with an order issued under this Act, that person is liable for all costs and expenses incurred as a result of any action taken under this Act to carry out the order.

(4) A claim for costs and expenses under this Act may be sued for and recovered with costs as a debt due to the Government of the Northwest Territories. R.S.N.W.T. 1988,c.117(Supp.),s.25.

(1) The Chief Environmental Protection Officer may, in writing, require that, within a specific time, any records that are required to be maintained for the purposes of this Act or the regulations be provided to the Chief Environmental Protection Officer by the owner or person who is required to maintain records.

(2) A person who receives a written request under subsection (1) shall comply with the request. R.S.N.W.T. 1988,c.117(Supp.),s.27.

(1) For the purposes of determining whether there is compliance with this Act or the regulations or a provision of a permit or licence, an inspector may, at any reasonable time, without a warrant, enter and inspect any place or vehicle, other than a dwelling- house, where the inspector believes on reasonable grounds that

(2) An inspector may, for the purposes of an inspection under subsection (1), stop a vehicle and direct the driver to park the vehicle at a place specified by the inspector.

(3) Where, under subsection (2) an inspector directs the driver of a vehicle to stop, the driver shall

R.S.N.W.T. 1988,c.117(Supp.),s.27.

(1) An inspector may, in the performance of an inspection under subsection 18(1),

(2) Every person who is in possession or charge of any place or vehicle being inspected under subsection 18(1) shall permit the inspector

R.S.N.W.T. 1988,c.117(Supp.),s.27.

(1) An inspector may destroy or otherwise dispose of a contaminant in any manner that is appropriate

(2) The owner of or person in charge of a contaminant is liable for all reasonable costs and expenses incurred as a result of an inspector destroying or disposing of the contaminant under subsection (1). R.S.N.W.T. 1988,c.117(Supp.),s.27.

(1) On ex parte application, a court may issue a warrant authorizing such inspectors or peace officers, as the court may specify in the warrant, to enter and search a place or vehicle, subject to such conditions as the court may specify in the warrant, where the court is satisfied by information on oath that there are reasonable grounds to believe that there is in the place or vehicle

(2) An inspector or peace officer to whom a warrant is issued under subsection (1) may exercise the powers described in subsection 19(1). R.S.N.W.T. 1988,c.117(Supp.),s.27.

(1) An inspector making a search of a place or vehicle under section 21 or 22 may

(2) Every person who is in possession or charge of any place or vehicle in respect of which a search is carried out under section 21 or 22 shall permit the inspector carrying out the search

R.S.N.W.T. 1988,c.117(Supp.),s.27.

(1) Where, during the course of an inspection or a search, an inspector has reasonable grounds to believe that any provision of this Act, the regulations or the provision of a permit or licence has been contravened, the inspector may seize any thing

(2) An inspector shall not seize any thing under subsection (1) unless it is required as evidence or for purposes of analysis or the inspector has reasonable grounds to believe that the seizure is necessary in the public interest.

(3) An inspector who has seized a thing under subsection (1) shall, as soon as practicable and in writing, advise the person in whose possession it was at the time of seizure

R.S.N.W.T. 1988, c.117(Supp.),s.27.

(1) Where proceedings have not been instituted in respect of the contravention in relation to which a thing was seized under subsection 26(1), the Chief Environmental Protection Officer may, before the expiration of 180 days after the day of seizure and on serving notice in accordance with subsection (2) on the owner of the thing or on the person who at the time of seizure was in charge, management or control of it, apply to a court for an order extending the time during which it may be detained.

(2) A notice referred to in subsection (1) shall be served in accordance with section 8 at least 10 days prior to the date the application is to be heard and shall specify

(3) Where, on the hearing of an application made under subsection (1), the court is satisfied that the thing seized should continue to be detained, the court shall order

(4) Where, on the hearing of an application made under subsection (1), the court is not satisfied that the thing seized should continue to be detained, the court shall order that, on the expiration of 180 days after the day of seizure, it be released unless, before the expiration of the 180 days, action is taken under subparagraph 27(b)(ii) or (iii).

(5) Where, at the time of the hearing of an application made under subsection (1), 180 days have expired after the day of seizure, the court shall order the release of the thing. R.S.N.W.T. 1988,c.117 (Supp.),s.27.

(1) A thing seized by an inspector under subsection 26(1) shall be kept or stored in the place where it was seized except where it is removed in accordance with subsection (2) or (3).

(2) The inspector may remove a thing seized where, in the opinion of the inspector,

(3) Where the person who had possession of the thing at the time of seizure or the person entitled to possession of the place where the thing was seized requests the inspector to have it removed to some other place, the thing may be removed and stored in any other place at the direction of an inspector at the expense of the person who requested the removal. R.S.N.W.T. 1988,c.117(Supp.),s.27.

(1) Unless authorized by an inspector, no person shall remove, alter or interfere in any way with any thing seized by an inspector under subsection 26(1).

(2) An inspector shall, at the request of the person from whom a thing was seized, allow that person or any person authorized by that person to examine it and, where practicable, provide a sample or copy of it to such person. R.S.N.W.T. 1988,c.117 (Supp.),s.27; S.N.W.T. 2011,c.16,s.8(11).

(1) A thing seized by an inspector under subsection 26(1) is forfeited to the Government of the Northwest Territories where the owner or person in whose possession it was at the time of seizure consents in writing to the forfeiture of the thing.

(2) The Minister may dispose of or destroy any thing forfeited under subsection (1).

(3) If the Minister so directs, the owner or the person who was in lawful possession of the thing at the time it was seized is liable for all reasonable costs and expenses incurred as a result of the disposal or destruction of the thing seized. R.S.N.W.T. 1988, c.117(Supp.),s.27.

(1) Subject to subsection (2), the Commissioner, on the recommendation of the Minister, may make regulations

(2) Subject to subsection (3), the Minister shall publish in the Northwest Territories Gazette at least 90 days before the proposed effective date of a regulation, a copy of every regulation that the Commissioner proposes to make under paragraphs 34(1)(m), (n) and

(3) The Minister is not required to publish a proposed regulation if the proposed regulation

R.S.N.W.T. 1988,c.117(Supp.),s.27; S.N.W.T. 1998, c.21,s.6(4); S.N.W.T. 2017,c.17,s.7.