Environmental Rights Act
Consolidated act- Citation
- S.N.W.T. 2019, c.19
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.17 amended by An Act to Amend the Northwest Territories Housing Corporation Act
- s.23 amended by R.S.N.W.T. 1988, c.83(Supp.) is repealed
- None.
And whereas it is fitting that this relationship be recognized by the Government of the Northwest Territories in an enactment in which rights in respect of the environment are established and means for protection of the environment are given to all persons;
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
INTERPRETATION AND
APPLICATION
Definitions
1.In this Act,
"environment" means all of the following existing within the Northwest Territories:
(a) air, land, surface water, groundwater, snow and ice,
(b) layers of the atmosphere,
(c) organic and inorganic matter and living organisms,
(d) the interacting natural systems that include components referred to in paragraphs (a) to (c); (environnement)
"land, resources and self-government agreement" means
(a) any of the following agreements:
(i) the Gwich’in Comprehensive Land Claim Agreement entered into between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, on April 22, 1992, as amended,
(ii) the Inuvialuit Final Agreement entered into between the Inuvialuit of the Inuvialuit Settlement Region and the Government of Canada on June 5, 1984, as amended,
(iii) the Sahtu Dene and Metis Comprehensive Land Claim Agreement entered into between Her Majesty the Queen in right of Canada and the Dene of Colville Lake, Délîne, Fort Good Hope and Fort Norman and the Métis of Fort Good Hope, Fort Norman and Norman Wells, as represented by the Sahtu Tribal Council, on September 6, 1993, as amended,
(iv) the Land Claims and Self-Government Agreement among the Tåîchô and the Government of the Northwest Territories and the Government of Canada, signed on August 25, 2003, as amended,
(v) the Délįne Final Self-Government Agreement among the Délįne First Nation Band and the Délįne Land Corporation, the Government of the Northwest Territories and the Government of Canada dated February 18, 2015, as amended,
(b) any legally binding agreement intended to be a treaty under section 35 of the Constitution Act, 1982 concluded between an Indigenous government or organization, the Government of the Northwest Territories and the Government of Canada, that addresses in any way environmental protection in the Northwest Territories, or
(c) any prescribed legally binding agreement; (accord relatif aux terres, aux ressources ou à l’autonomie gouvernementale)
"public trust" means the collective interest of the people of the Northwest Territories in the quality of the environment and the protection of the environment for future generations. (intérêt public)
Purposes
2.The purposes of this Act are
(a) to protect the right of the people of the Northwest Territories to a healthy environment;
(b) to provide the people of the Northwest Territories with tools to exercise their right to protect the integrity, biological diversity and productivity of the ecosystems in the Northwest Territories;
(c) to ensure that the Government of the Northwest Territories carries out its responsibility, within its jurisdiction, to protect the environmental rights of the people of the Northwest Territories; and
(d) to ensure that the Government of the Northwest Territories carries out its responsibility to make environmental information accessible to the public in a reasonable, timely, culturally appropriate and affordable manner.
Aboriginal and treaty rights
3.This Act is to be interpreted in a manner consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982, including the duty to consult.
Actions and land, resources and self- government agreement
4.An action or thing authorized by this Act must be carried out in accordance with any applicable land, resources and self-government agreement and the required roles if any, given to any boards and councils established under any land, resources and self-government agreement.
Conflict, inconsistency with land, resources and self- government agreement
5.If there is a conflict or an inconsistency between a provision of this Act and a provision of a land, resources and self-government agreement or legislation approving, giving effect to and declaring valid a land, resources and self-government agreement, the provision of the land, resources and self-government agreement or legislation prevails to the extent of the conflict or inconsistency.
Government bound
6.This Act binds the Government of the Northwest Territories.
Delegation
7.The Minister may authorize in writing any person or class of persons to exercise any of the Minister’s powers or duties under this Act.
INVESTIGATIONS
Application for investigation
8.(1) Any individual resident in the Northwest Territories who believes, on reasonable grounds, that an act or omission has occurred that has caused or is likely to cause significant harm to the environment, may apply to the Minister for an investigation.
(2) An application under this section must include
(a) the name and address of the applicant;
(b) a statement of the nature of the alleged act or omission;
(c) the name and address of each person alleged to have been involved in the act or omission, to the extent that this information is available to the applicant; and
(d) a summary of the evidence supporting the allegations of the applicant, including
(i) the name and address of each person who might be able to give evidence about the alleged act or omission and a summary of that evidence, to the extent that this information is available to the applicant,
(ii) a description of any document or other material relating to the alleged act or omission that the applicant believes should be considered in the investigation, and
(iii) if possible, copies of any documents described in subparagraph (ii).
(3) An application under this section must include a statement by the applicant that the applicant believes that the facts alleged in the application are true.
(4) The statement referred to in subsection (3) must be sworn or solemnly affirmed before a commissioner for oaths in the Northwest Territories.
(5) This section applies whether or not the applicant alleges that an offence has been committed under an enactment.
Acknowledge- ment
9.(1) Within 30 days of receiving an application under section 8, the Minister shall acknowledge to the applicant in writing the receipt of the application.
(2) The Minister shall investigate all matters that are reasonably necessary for a determination of the facts respecting an application under section 8.
(2.1) In determining whether an alleged act or omission has caused or is likely to cause significant harm to the environment, the Minister shall consider the following factors:
(a) the magnitude of the effect;
(b) the geographical area of the effect;
(c) the duration of the effect;
(d) the degree of reversibility of the effect;
(e) the nature of the effect;
(f) the likelihood that the effect will occur;
(g) the sensitivity of the receiving environment;
(h) any other factors that the Minister considers relevant, taking into account the purposes of this Act.
(3) Nothing in this section requires the Minister to conduct or continue an investigation in respect of an act or omission alleged in an application under section 8 if the Minister considers that
(a) the application is frivolous or vexatious; or
(b) the alleged act or omission is not likely to cause significant harm to the environment.
(4) Nothing in this section requires the Minister to conduct or continue an investigation in respect of an act or omission alleged in an application under section 8 if the Minister considers that
(a) the alleged act or omission relates to a matter within the jurisdiction of a board or council created under an enactment or an Act of Parliament; and
(b) the person whose conduct is the subject of the application is in compliance with all required authorizations and all applicable standards relating to the matter.
(5) Nothing in this section requires the Minister to duplicate an ongoing or completed investigation.
(6) If the Minister declines an investigation under subsection (3), (4) or (5), the Minister shall, within 60 days of declining the investigation, give notice of that decision together with a brief statement of the reasons for the decision and any further action the Minister intends to take, to the applicant.
(7) If the Minister discontinues an investigation under subsection (3) or (4), the Minister shall, within 90 days of discontinuing the investigation, give notice of that decision together with a brief statement of the reasons for the decision and any further action the Minister intends to take, to
(a) the applicant; and
(b) each person alleged in the application to have been involved in the alleged act or omission for whom an address is given in the application.
(8) If the Minister declines an investigation under subsection (3), (4) or (5), or discontinues an investigation under subsection (3) or (4), the applicant may, at any time within 45 days after receiving notice of the decision of the Minister, appeal to the Supreme Court by
(a) filing a notice of appeal with the Clerk of the Supreme Court; and
(b) serving a copy of the filed notice of appeal on the Minister.
(9) Subject to this section, the Rules of the Supreme Court apply to an appeal under subsection (8), with such modifications as the circumstances require.
(10) Unless the Supreme Court orders otherwise, the decision of the Minister continues to apply pending disposition of the appeal.
(11) After hearing an appeal, the Supreme Court may
(a) confirm the decision of the Minister; or
(b) set aside the decision of the Minister and order the Minister to
(i) reconsider the decision, or
(ii) conduct or continue the investigation.
Progress reports
10.(1) Within 90 days of receiving an application under section 8 and every 90 days thereafter, the Minister shall report to the applicant in writing on the progress of the investigation.
(2) Within 60 days of completing an investigation, the Minister shall give notice of the outcome of the investigation to
(a) the applicant; and
(b) each person alleged in the application to have been involved in the alleged act or omission for whom an address is given in the application.
(3) The notice referred to in subsection (2) shall
(a) state what action, if any, the Minister has taken or proposes to take as a result of the investigation; or
(b) advise that further time is required to determine what further action, if any, may be taken.
(4) Within 90 days of sending a notice with respect to further time under paragraph (3)(b), the Minister shall give notice of any further action the Minister intends to take to those persons listed in subsection (2).
(5) Reports and notices under this section and under subsections 9(6) and 9(7) must not disclose the name, address or any other personal information of an applicant, a person alleged to have been involved in the alleged act or omission, or a person who might be able to give evidence about the alleged act or omission.
(6) Nothing in this section or section 8 or 9 compels an officer, inspector or other member of the public service to disclose anything that the person believes, on reasonable grounds, would compromise an investigation into an offence in any way.
Limitation of liability
11.No action or proceeding may be brought against the Government of the Northwest Territories, the Minister, an employee of the Government or any other person in respect of anything done or not done by a person in good faith under sections 8 to 10.
PROSECUTION OF
STATUTORY OFFENCES
Standing to prosecute offences
12.(1) Any adult resident in the Northwest Territories who believes, on reasonable grounds, that an offence has been committed under an enactment and that such an offence has caused or is likely to cause significant harm to the environment, may lay an information in writing and under oath before a justice.
(2) Where a resident who lays an information under subsection (1) conducts the prosecution, the court may order that a portion of any monetary penalty imposed as a result of the prosecution be paid to that person as reimbursement for costs and expenses incurred by that person in the conduct of the prosecution.
(3) Subsection (1) does not apply to a person who has a power or duty to inspect, investigate or otherwise enforce the provisions of an enactment.
RIGHT OF ACTION
Right of action
13.(1) Subject to subsection (3), every adult resident in the Northwest Territories has the right to protect the environment and the public trust, by commencing an action in the Supreme Court against any person for any act or omission that the resident believes on reasonable grounds has caused or is likely to cause significant harm to the environment.
(2) No person is prohibited from commencing an action under subsection (1) by reason only that the person is unable to show
(a) any greater or different right, harm or interest than any other person; or
(b) any pecuniary or proprietary right or interest in the subject matter of the proceeding.
(3) No action under subsection (1) lies against a person whose action or omission was in compliance with all required authorizations and all applicable standards established by any of the following:
(a) an enactment;
(b) legislation enacted by the Government of Canada;
(c) a bylaw enacted by a municipal corporation;
(d) a law made by an Indigenous government having the authority to make laws in relation to the act or omission.
(4) In addition to any other defences that a defendant may have at law, it is a complete defence to an action commenced under subsection (1) that the harm caused by the defendant’s act or omission is and will remain entirely restricted to lands owned by the defendant or to lands in respect of which the owner has expressly authorized the defendant to cause the harm.
(5) The Supreme Court, in respect of an action commenced under subsection (1), may
(a) grant an interim or permanent injunction in respect of any activity of the defendant;
(b) order the defendant to remedy any damage caused to the environment by the act or omission of the defendant;
(c) order the defendant to pay an amount by way of satisfaction or compensation for damage to the environment resulting from the act or omission of the defendant, to
(i) any person having an interest in property that is adversely affected by the act or omission, and
(ii) the Minister; and
(d) make any other order that it considers appropriate.
(6) Any money received by the Minister under an order under paragraph (5)(c) shall be deposited in an account in the Consolidated Revenue Fund and disbursed for the following purposes:
(a) the repair of any damage caused by the act or omission;
(b) if repair is not practicable under paragraph (a), the enhancement of the environment.
Minister’s involvement
14.(1) The plaintiff in an action commenced under subsection 13(1) shall serve a copy of the statement of claim on the Minister.
(2) The Minister is entitled, on application, to be added as a party to an action commenced under subsection 13(1).
PROTECTION OF EMPLOYEES
Protection of employees
15.(1) No person shall dismiss or threaten to dismiss, discipline, suspend, intimidate, coerce, impose any penalty on, or commence or prosecute any legal action against an employee because the employee, for the purpose of protecting the environment or the public trust from harm,
(a) reports or proposes to report to the appropriate authority any act or omission that has caused or is likely to cause significant harm to the environment;
(b) makes or proposes to make an application under section 8;
(c) lays an information or proposes to lay an information under subsection 12(1);
(d) commences or proposes to commence an action under subsection 13(1);
(e) complies with or seeks the enforcement of an Act, regulation or authorization;
(f) gives information to an authority for the purposes of an investigation, review or hearing related to an Act, regulation or authorization;
(g) gives evidence in a proceeding under an enactment; or
(h) refuses to carry out an order or direction of an employer that would constitute a contravention of an Act, regulation or authorization.
(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $250,000 or to imprisonment for not more than one year, or to both.
(3) If a person is convicted of an offence under subsection (1), the judge may, in addition to imposing a penalty provided for under subsection (2), order a person to do something or to refrain from doing something and such order may include the reinstatement and employment of the employee with compensation for loss of wages and other benefits to be assessed against the employer.
(4) This section applies notwithstanding any enactment or contractual provision that imposes a duty of confidentiality on the employee.
STATEMENT OF
ENVIRONMENTAL VALUES
Definitions
16.In this section and sections 17 and 18,
"department" means a division of the public service continued or established by statute, or designated as a department by the Commissioner in Executive Council, on the recommendation of the Premier; (ministère)
"deputy head" means, in relation to those bodies listed in section 17, the chief executive officer or, if there is no chief executive officer, the person who the Minister responsible for that body designates as deputy head for the purposes of the Financial Administration Act. (administrateur général)
Statement of environmental values
17.(1) The Executive Council shall prepare a draft statement of environmental values that explains how environmental considerations, including the right to a healthy environment, will be integrated into decisions that might have a significant impact on the environment made by
(a) a department; or
(b) any of the following bodies:
(i) Aurora College,
(ii) Northwest Territories Business Development and Investment Corporation,
(iii) Housing Northwest Territories,
(iv) Northwest Territories Power Corporation.
(1.1) In preparing a statement of environmental values under this section, the Executive Council may consider the following principles:
(a) the precautionary principle that if there is a threat of significant harm to the environment, lack of complete scientific certainty is not to be a reason for postponing reasonable measures to prevent that harm;
(b) the polluter pays principle that a person who causes an adverse effect on the environment is responsible for taking remedial action, and is to bear the costs of that action;
(c) the principle of ecological sustainability that the integrity, biological diversity and productivity of the ecosystems in the Northwest Territories are to be protected, maintained and restored;
(d) the principle of intergenerational equity that it is important to meet the needs of the current generation without compromising the ability of future generations to meet their own needs;
(e) the principle of environmental justice that there is to be a just distribution of environmental benefits and burdens among residents of the Northwest Territories;
(f) the principle of sustainable development according to which development must meet the needs of the present without compromising the ability of future generations to meet their own needs;
(g) any other principles that the Executive Council considers relevant, taking into account the purposes of this Act.
(2) The Minister shall
(a) give notice to the public that the Executive Council has prepared a draft statement of environmental values under subsection (1); and
(b) provide residents of the Northwest Territories with 90 days in which to offer comments and ask questions about the draft statement.
(3) Notice to the public under subsection (2) must include
(a) the text of the draft statement of environmental values;
(b) a statement of the manner by which and time within which residents of the Northwest Territories may offer comments and ask questions about the draft statement; and
(c) any other information the Minister considers appropriate.
(4) Within 150 days of the end of the notice period set out in paragraph (3)(b),
(a) the Executive Council shall finalize the statement of environmental values; and
(b) the Minister shall
(i) prepare a written summary of comments received from residents of the Northwest Territories and how those comments were considered; and
(ii) give notice to the public of
(A) the final statement,
(B) the written summary prepared under subparagraph (i), and
(C) any other information the Minister considers appropriate.
(5) The Executive Council may, from time to time, amend a statement of environmental values prepared under this section.
(6) Subsections (1) to (4) apply with the necessary modifications to an amendment of a statement of environmental values under subsection (5). SNWT 2023,c.8,s.10.
Effect of statement
18.The Minister of a department or deputy head of a body listed in paragraph 17(1)(b) shall take every reasonable step to ensure that a statement of environmental values prepared or amended under section 17 is considered whenever decisions that might significantly affect the environment are made by the department or body.
REPORTS
Annual report
19.The Minister shall table a report to the Legislative Assembly as soon as possible after the end of each year, describing
(a) all applications for investigations made under section 8;
(b) all prosecutions commenced under subsection 12(1);
(c) all actions commenced under subsection 13(1);
(d) the disposition of any money received under subparagraph 13(5)(c)(ii); and
(e) all convictions for offences under subsection 15(1).
Government to report on state of environment
20.(1) The Government of the Northwest Territories shall report publicly on the state of the environment in the Northwest Territories.
(2) The purpose of reporting on the state of the environment is
(a) to provide an assessment of environmental status and trends in the Northwest Territories;
(b) to provide data and information for territorial, national and international state of the environment initiatives; and
(c) to provide an early warning system of possible impacts resulting from environmental change.
(3) The Minister shall table a report, the Northwest Territories State of the Environment Report, to the Legislative Assembly within three years of the date this section comes into force and every four years after that date.
(4) The Northwest Territories State of the Environment Report shall
(a) present baseline information on the environment;
(b) incorporate traditional, local and scientific knowledge;
(c) establish and report on indicators of impairment of or improvement to the environment;
(d) identify and present analyses of trends and changes in indicators established as required by paragraph (c);
(e) identify links between changes in the environment and causal factors such as development activity, climate change and natural wildlife population trends;
(f) identify emerging problems for the environment, especially those involving long-term and cumulative effects; and
(g) address any other matter that the Minister considers appropriate.
Public notice
21.(1) Within seven days of tabling a report under subsection 20(3), the Minister shall
(a) give notice to the public of the tabling of the report; and
(b) provide the public with 90 days in which to offer comments and ask questions about the report.
(2) Notice to the public under subsection (1) must include
(a) the text of the report;
(b) a statement of the manner by which and time within which members of the public may offer comments and ask questions about the report; and
(c) any other information the Minister considers appropriate.
(3) Within 90 days of the end of the notice period set out in paragraph (2)(b), the Minister shall
(a) prepare a written response to any public comments and questions received under this section; and
(b) give notice to the public of the response.
(4) Notice to the public under subsection (3) must include
(a) the text of the response; and
(b) any other information the Minister considers appropriate.
Preservation of remedies
22.Nothing in this Act shall be construed so as to repeal, remove or reduce any existing remedy available at law to any person.
REGULATIONS
Regulations
22.1.The Commissioner in Executive Council may make regulations setting out legally binding agreements for the purposes of the definition "land, resources and self-government agreement" in section 1.
REPEAL
Environmental Rights Act
23.The Environmental Rights Act, R.S.N.W.T. 1988, c.83(Supp.) is repealed.
COMMENCEMENT
Coming into force
24.This Act comes into force on a day to be fixed by order of the Commissioner.