Waters Act

(1) In this section, "federal area" has the meaning assigned by the Mackenzie Valley Resource Management Act (Canada).

(2) This Act applies to the use of waters and the deposit of waste in waters.

(3) Notwithstanding subsection (2), this Act does not apply in respect of the use of waters or the deposit of waste in waters within a federal area in the Mackenzie Valley.

(4) Sections 13 to 25, 37, 40 and 42, paragraphs 43(1)(b) and (2)(b), section 45, subsections 48(2) and (3), section 51, section 54 except in relation to type A licences and sections 55 to 58 do not apply in respect of the Mackenzie Valley, as defined in section 2 of the Mackenzie Valley Resource Management Act (Canada).

(5) Section 61 does not apply in respect of the following:

SNWT 2015,c.3,s.16(3).

(1) Subject to subsection (2), no person shall use, or permit the use of, waters in a water management area except

(2) Subsection (1) does not apply in respect of the use of waters

(3) If a person diverts waters for a purpose set out in paragraph (2)(c), the person shall, when the need for the diversion has ceased, discontinue the diversion and, in so far as possible, restore the original channel conditions.

(1) Except in accordance with the conditions of a licence or as authorized by regulations made under paragraph 63(1)(o), no person shall, subject to subsection (2), deposit or permit the deposit of waste

(2) Subsection (1) does not apply to the deposit of waste in waters that form part of a water quality management area designated under the Canada Water Act if the waste so deposited

prescribed by regulations made under paragraph 18(2)(a) of that Act with respect to that water quality management area.

(3) If waste is deposited in contravention of this section, a person who

shall without delay in accordance with the regulations, if any, made under subparagraph 63(1)(p)(i), report the deposit of waste to an inspector appointed under subsection 65(1) if no person or authority has been prescribed under subparagraph 63(1)(p)(ii) or, if a person or authority has been prescribed under subparagraph 63(1)(p)(ii), to that person or authority.

(1) Sections 10 and 11 do not apply in respect of a use of waters or a deposit of waste in a Tłı̨chǫ community, if the local government of that community has enacted a bylaw providing that a licence is not required for that type of use or deposit.

(2) The expressions "Tłı̨chǫ community" and "local government" in subsection (1) have the same meaning as in section 2 of the Mackenzie Valley Resource Management Act (Canada).

(1) The Board may issue, in accordance with Délîne law, a licence or other authorization required for the use of waters under section 12.1 or the deposit of waste under section 12.2. SNWT 2015, c.3,s.16(5).

(2) Nothing in a licence or other authorization issued under subsection (1) authorizes a person to contravene or fail to comply with another Act or a regulation or order made under that Act, except as provided in that other Act, regulation or order. SNWT 2015,c.3,s.16(5).

(1) The Inuvialuit Water Board established under section 10 of the Northwest Territories Waters Act (Canada) is continued under this Act.

(2) The Board has, for the purposes of its functions, the capacity, rights, powers and privileges of a natural person.

(3) The main office of the Board shall be at Inuvik, or at any other place within the Inuvialuit Settlement Region that is designated by the Commissioner in Executive Council.

(4) The Board shall consist of five members appointed by the Minister, including the Chairperson.

(5) The Minister shall appoint

(1) The Chairperson of the Board shall be appointed by the Minister from persons nominated by a majority of the members of the Board.

(2) If a majority of the members of the Board does not nominate a person acceptable to the Minister within a reasonable time, the Minister may appoint a person as Chairperson.

(3) The Board may designate a member to act as its Chairperson during the absence or incapacity of the Chairperson or a vacancy in the office of Chairperson, and that person while so acting may exercise the powers and shall perform the duties and functions of the Chairperson.

(1) Members of the Board and alternate members hold office for a term of three years.

(2) Members of the Board and alternate members may be reappointed in the same or another capacity.

(3) Members of the Board and alternate members may be removed from office for cause by the Minister, after consultation by the Minister with the Board. If the member or alternate member was appointed on the nomination of the Inuvialuit Regional Corporation or the federal Minister, the Minister shall also consult with the Inuvialuit Regional Corporation or the federal Minister, as the case may be.

(1) If the Chairperson is of the opinion that it is necessary for a member of the Board to continue to act after the expiry of that member’s term in order for the Board to make a decision in relation to the issuance, renewal, amendment or cancellation of a licence, as the case may be, the Chairperson may request in writing that the Minister authorize the member to act in relation to that matter until a decision is made. For the purpose of the appointment of a replacement, their office is deemed to be vacant as soon as their term expires.

(2) A request under subsection (1) shall be made at least two months before the day on which the member's term expires.

(3) If the Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.

(1) Members of the Board are to receive remuneration determined by the Minister for the exercise of their powers and the performance of their duties and functions and are to be paid the travel and living expenses that are incurred by them while absent from their ordinary place of residence that are consistent with the terms and conditions of employment for public servants of the Government of the Northwest Territories.

(2) Alternate members are not entitled to receive any remuneration unless they attend a meeting, training session or other event at the request of the Chairperson, in which case they are to receive the remuneration that is determined by the Minister, and are to be paid the travel and living expenses incurred by them while absent from their ordinary place of residence that are consistent with the terms and conditions of employment for public servants of the Government of the Northwest Territories

(1) A member of the Board, an employee or an agent, adviser or expert shall not perform their functions in relation to a matter if doing so would place them in a conflict of interest.

(2) A person is not placed in a conflict of interest solely because of any status or entitlement conferred on them under the Inuvialuit Final Agreement.

(1) The Minister may, after consultation with the Board, give written policy directions to the Board with respect to the carrying out of any of its powers, duties and functions under this Act and the Board shall, subject to subsections (3) and (4), comply with those policy directions.

(2) The Board shall, subject to subsections (3) and (4), comply with any policy directions given by the federal Minister under section 9.

(3) Except as provided by subsection (4), a policy direction does not apply in respect of applications that, at the time the policy direction is given,

(4) A policy direction applies in respect of applications referred to in subsection (3) if non-application of the policy direction could result in a licence that is inconsistent with another Act or a regulation or order made under that Act.

(5) Immediately after the Minister’s written policy direction is given to the Board, the Minister shall publish a notice in the Northwest Territories Gazette stating that the policy direction will be published by the Board on its Internet site. The Board shall publish the policy direction on its Internet site as soon as feasible and may also make it accessible by any other means that the Board considers appropriate.

(6) A policy direction is deemed not to be a regulation within the meaning of the Statutory Instruments Act.

(1) Subject to this section, the Board may issue, in accordance with the criteria set out in the regulations made under paragraph 63(1)(c), type A licences and type B licences permitting the applicant for the licence, on payment of the fees prescribed by regulations made under subparagraph 63(1)(k)(i), at the times and in the manner prescribed by any applicable regulations made under paragraph 63(1)(l) or, in the absence of such regulations, at the times and in the manner set out in the licence, to use waters or deposit waste, or both, in connection with the operation of the appurtenant undertaking and in accordance with the conditions specified in the licence.

(2) A licence under subsection (1) may be issued for a term

(3) The Board shall not issue a licence in respect of a use of waters referred to in subsection 10(2).

(4) The Board shall not refuse to issue a licence merely because the use of waters or deposit of waste in respect of which the application for the licence is made is already authorized by regulations made under paragraph 63(1)(n) or (o).

(5) If an application for a licence is made, the Board shall not issue a licence unless the applicant satisfies the Board that

(6) In determining the compensation that is appropriate for the purpose of paragraph (5)(b), the Board shall consider all relevant factors, including, but not limited to,

(7) For greater certainty, licences issued by the Board under this Act either before or after the coming into force of this subsection are not statutory instruments within the meaning of the Statutory Instruments Act.

(1) Subject to this Act and the regulations, the Board may include in a licence any conditions that it considers appropriate, including, but not limited to,

(2) In fixing the conditions of a licence, the Board shall make all reasonable efforts to minimize any adverse effects of the issuance of the licence on

who are such licensees, users, depositors, owners, occupiers or holders, whether in or outside the water management area to which the application relates, at the time when the Board is considering the fixing of those conditions, who would be adversely affected by the use of waters or deposit of waste proposed by the applicant, and who have notified the Board in response to the notice of the application given under subsection 43(1) and within the time period stipulated in that notice for making representations to the Board.

(3) If the Board issues a licence in respect of waters that form part of a water quality management area designated under the Canada Water Act, the Board may not include in the licence any conditions relating to the deposit of waste in those waters that are less stringent than the provisions of the regulations made under paragraph 18(2)(a) of that Act with respect to those waters.

(4) If the Board issues a licence in respect of waters that do not form part of a water quality management area designated under the Canada Water Act,

(5) If the Board issues a licence in respect of waters that do not form part of a water quality management area designated under the Canada Water Act, and to which any regulations made under subsection 36(5) of the Fisheries Act (Canada) apply, the Board may not include in the licence conditions relating to the deposit of waste in those waters that are less stringent than the provisions of those regulations.

(6) If any regulations made under paragraph 63(1)(j) are in force, a licence shall include conditions that are at least as stringent as any applicable standards prescribed by those regulations.

(7) If regulations referred to in subsection (3), (4), (5) or (6) are made or amended after the issuance of a licence, the conditions of the licence are deemed to be amended to the extent, if any, necessary in order to comply, or remain in compliance, with that subsection.

(1) In this section,"Nunavut Water Board" means the board established by the Nunavut Waters and Nunavut Surface Rights Tribunal Act (Canada).

(2) The Board shall not issue a licence in respect of a use of waters or a deposit of waste that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, unless

(3) The payment of compensation referred to in paragraph (2)(b) shall be a condition of the licence.

(4) Unless otherwise determined by the Nunavut Water Board, costs incurred by the designated Inuit organization as a result of a request referred to in subparagraph (2)(b)(i) shall be paid by the applicant. SNWT 2024,c.9,s.32.

(1) In this section and sections 28 to 31,

(2) For greater certainty, sections 28 to 31 apply where a body of water delineates a boundary between Inuit-owned land and other land and that body of water is not located entirely on Inuit-owned land.

(1) An application for a licence shall be in a form and contain the information prescribed by the regulations.

(2) The Board shall require an applicant for a licence to provide the Board with the information and studies concerning the use of waters or deposit of waste proposed by the applicant as will enable the Board to evaluate any qualitative and quantitative effects on the waters.

(1) The Board may require an applicant for a licence, a licensee or a prospective assignee of a licence to furnish and maintain security with the Minister, in an amount specified in, or determined in accordance with, the regulations made under paragraph 63(1)(g) and in a form prescribed by those regulations or a form satisfactory to the Minister.

(2) The security may be applied by the Minister in the following manner:

(3) Paragraph (2)(b) applies in respect of costs incurred under subsection 69(1) only to the extent that the incurring of those costs was based on subparagraph 69(1)(b)(i).

(4) The amount of security that the Minister may apply under subsection (2) in respect of any particular incident or matter may not exceed in the aggregate the amount of the security referred to in subsection (1).

(5) Where the Minister is satisfied that

a portion of the security that, in the Minister’s opinion, will not be required under subsection (2) shall without delay be refunded to the licensee (where paragraph (a) applies) or to the assignor (where paragraph (b) applies).

(1) Subject to subsections (2) and (3), the Board may

(2) Sections 26 to 35 apply, with such modifications as the circumstances require, to the renewal of, or an amendment to, a licence.

(3) An application to cancel a licence must be in the form and contain the information that is prescribed by the regulations.

(1) Any sale or other disposition of any right, title or interest of a licensee in an appurtenant undertaking constitutes, without further action by the licensee, an assignment of the licence to the person or persons to whom the sale or other disposition is made if the assignment of the licence was authorized by the Board.

(2) The Board shall authorize the assignment of a licence if it is satisfied that

would not be likely to result in a contravention of, or failure to comply with, any condition of the licence or any provision of this Act or the regulations.

(3) Except as provided in this section, a licence is not assignable.

(1) The Board may, if satisfied that it would be in the public interest, hold a public hearing in connection with any matter relating to its objects, including, but not limited to,

(2) Subject to subsection (3), a public hearing shall be held by the Board if the Board is considering

(3) Subsection (2) does not apply

(4) A public hearing under this section shall be held at a place in the Northwest Territories the Board considers appropriate, and may be adjourned by the Board from time to time and from place to place within the Northwest Territories.

(1) Subject to subsection (4), the Board shall give notice of each application made to it

(2) Subject to subsection (4), the Board shall give notice of a public hearing to be held by it

and the day fixed for the public hearing must be at least 35 days after the day on which the requirements of this subsection have been met.

(3) Subject to subsection (4), if a public hearing is not held by the Board in connection with an application, the Board may not act on the application until at least 10 days after the requirements of subsection (1) have been met.

(4) Subsections (1) to (3) do not apply in respect of an application for the amendment of a licence where the Board, with the consent of the Minister, declares the amendment to be required on an emergency basis.

(1) The Board shall give notice of its intention to consider, on its own initiative, the renewal of a licence under subparagraph 36(1)(a)(ii), or the amendment of a condition of a licence under any of subparagraphs 36(1)(b)(ii) or (iii), by publishing a notice in a newspaper of general circulation in the area affected, or if there is not such a newspaper, in any other manner that the Board considers appropriate.

(2) Subsection (1) does not apply in respect of an application for the amendment of a licence if the Board, with the consent of the Minister, declares the amendment to be required on an emergency basis.

(1) In the case of an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or in the case where the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 44(1).

(2) If the Board decides to issue, renew or amend the licence, that decision shall be immediately referred to the Minister for approval.

(3) The Minister shall, within 45 days after the Board’s decision is referred to him or her, notify the Board whether or not the decision is approved and, if it is not approved, provide written reasons in the notification.

(4) The Minister may extend the time limit referred to in subsection (3) by not more than an additional 45 days, if the Minister notifies the Board of the extension within the first 45 days.

(5) If the Minister does not notify the Board whether or not the decision is approved within the time limit referred to in subsection (3) or (4), whichever is applicable, the Minister is deemed to have given approval.

(1) In the case of an application for the issuance, renewal or amendment of a type B licence in connection with which no public hearing is held or in the case when the Board intends to consider, on its own initiative, the renewal or amendment of such a licence, the Board shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 44(1).

(2) If the Board decides to issue, renew or amend the licence, that decision shall be immediately referred to the Chairperson for his or her approval.

(3) The Chairperson must, without delay after the Board’s decision is referred to him or her, notify the Board whether or not the decision is approved.

(1) The Minister may, at the request of the Board, extend the time limit referred to in subsection 47(1) or 48(1) by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence.

(2) The Commissioner in Executive Council may, by order, on the recommendation of the Minister, extend the time limit extended under subsection (1) any number of times.

(1) The Board shall maintain at its main office a register, in the form prescribed by the regulations made under paragraph 63(1)(t) and convenient for use by the public, in which shall be entered, with respect to each application received by the Board and with respect to each licence, the information prescribed by those regulations.

(2) The register referred to in subsection (1) must be open to inspection, during normal business hours of the Board, by any person on payment of a fee, if any, prescribed by the regulations made under subparagraph 63(1)(k)(iii).

(3) The Board shall, on request and on payment of a fee, if any, fixed by the Board, make available copies of information contained in the register.

(1) An appeal lies from a decision or order of the Board to the Supreme Court on a question of law, or a question of jurisdiction, on leave being obtained from the Court on application made within 45 days after the making of that decision or order or within such further time as the Court, or a judge of the Court, under special circumstances allows.

(2) No appeal lies after leave to appeal has been obtained under subsection (1) unless the appeal is entered in the Supreme Court within 60 days after the making of the order granting leave to appeal.

(1) The Board shall, in accordance with subsection 32(1) of the Financial Administration Act, prepare and submit to the Minister an annual report on the activities of the Board, including its financial statements and any other matters that the Minister may specify.

(2) The Board shall publish the annual report on its Internet site and, if the Board considers it appropriate, make it available by any other means. SNWT 2015,c.13,s.179.

(1) For the Minister to recover costs incurred in relation to the consideration of an application for a licence or for the renewal, amendment or cancellation of a licence, an applicant or a licensee must pay to the Minister

(2) The costs and amounts that a person must pay under subsection (1) constitute a debt due to the Government of the Northwest Territories and may be recovered as such in any court of competent jurisdiction.

(1) If two persons have licences or other authorizations to use waters issued by an authority responsible for the management of waters in the Northwest Territories or in Nunavut, the person who first applied is entitled to the use of the waters in accordance with that person’s licence or authorization in precedence to the other person.

(2) Subsection (1) applies, with such modifications as circumstances require, in respect of any rights a person acquires through an amendment to that person’s licence or authorization.

(3) Subject to subsection (2), a licence or authorization that has been renewed or assigned, is, for the purposes of this section, deemed to be a continuation of the original licence or authorization.

(1) Except as otherwise provided by a compensation agreement referred to in subparagraph 26(5)(a)(ii), a person who is adversely affected as a result of

is entitled to be compensated by the licensee, authorized user or authorized waste depositor in respect of that adverse effect, and may sue for and recover compensation in a court of competent jurisdiction.

(2) A person is not barred from exercising rights conferred by subsection (1) merely because of having been paid compensation referred to in subsection 26(5), or because of having been paid compensation referred to in paragraph 35(2)(a) or pursuant to a compensation agreement referred to in subparagraph 26(5)(a)(ii).

(1) An applicant for a licence, or a licensee, may apply to the Board for permission from the Minister to expropriate, in accordance with the Expropriation Act, land or an interest in land in the Northwest Territories, and where the Minister, on the recommendation of the Board, is satisfied that

the Minister may, in writing, grant the permission.

(2) If the Minister grants permission under subsection (1), the applicant or licensee is an expropriating authority under the Expropriation Act.

(3) For the purposes of the Expropriation Act, land or an interest in land in respect of which the Minister has granted permission under subsection (1) is deemed to be an interest in land that, under the Expropriation Act, is required for the lawful purposes of that expropriating authority, and a reference to an expropriating authority in that Act shall be construed as a reference to the applicant or licensee.

(4) The Commissioner in Executive Council may make regulations prescribing fees or charges to be paid by an applicant or a licensee in respect of an expropriation referred to in subsection (1), and rates of interest payable in respect of those fees and charges.

(5) The fees or charges are a debt due to the Government of the Northwest Territories by the applicant or licensee, and shall bear interest at the prescribed rate from the date they are payable.

(6) The Minister may require the applicant or licensee to provide security, in an amount determined by the Minister and subject to the terms and conditions that the Minister may specify, for the payment of fees or charges that are or may become payable under this section.

(7) Where the applicant or licensee, in mitigation of any injury or damage caused or likely to be caused to lands by an expropriation, undertakes

and the owner or interested person accepts the undertaking, the undertaking is deemed to be an undertaking referred to in subsection 35(2)(b) of the Expropriation Act, and it may be enforced by the Board as if it were a condition of the licensee’s licence.

(8) A copy of the document evidencing the permission granted by the Minister under subsection (1), certified as such by the Chairperson of the Board, shall be deposited with the Registrar of Land Titles under the Land Titles Act.

(9) The provisions of section 43 of the National Energy Board Act (Canada) relating to plans, profiles and books of reference deposited with registrars of deeds under that Act and the duties of registrars of deeds with respect thereto, in so far as they are reasonably applicable and not inconsistent with this Act, apply in respect of copies deposited pursuant to subsection (8).

(10) This section does not apply in respect of

(1) The Commissioner in Executive Council may make regulations

(2) Regulations made under subsection (1) may vary according to any criterion or combination of criteria, including, but not limited to, the use of waters, the purpose of that use, the quantity and rate of waters used, and the quantities, concentrations and types of waste deposited.

(1) The Commissioner in Executive Council may, by order, reserve from disposition under an enactment relating to the disposition of territorial lands, for a specified period or otherwise, all or any interests in any territorial lands where the interests are required

(2) The Commissioner in Executive Council may, by order, direct the Board, for a specified period or otherwise, not to issue licences permitting the use of, or the deposit of waste directly or indirectly into, the waters specified in the order,

and an order made under this subsection may, for a reason set out in paragraph (a) or (b), prohibit a use of waters or a deposit of waste that would otherwise be permitted by regulations made under paragraph 63(1)(n) or (o), as the case may be.

(3) A disposition of all or any interests in any territorial lands in contravention of an order made under subsection (1), and a licence issued in contravention of an order made under subsection (2), is of no force or effect.

(1) The Minister may appoint a qualified person as an inspector or analyst for the purposes of this Act.

(2) The Minister shall provide an inspector with a certificate of appointment as an inspector, and on entering any area, place or premises an inspector shall, if so requested, produce the certificate to the person in charge of the area, place or premises.

(3) If an inspector considers it reasonable to do so, an inspector shall give the Gwich’in or Sahtu First Nation prior notice of entry by the inspector on its first nation lands.

(4) An inspector shall, if it is reasonable to do so, give the Tłı̨chǫ Government prior notice of entry by the inspector on Tłı̨chǫ lands.

(5) An inspector shall, if it is reasonable to do so, give the Délîne Got’înê Government prior notice of entry by the inspector on Délîne lands. SNWT 2015,c.3,s.16(6).

(1) For the purpose of ensuring compliance with this Act, the regulations or a licence, an inspector may, at any reasonable time,

(2) An inspector who lawfully enters any area, place or premises under paragraph (1)(a) or (c) may examine and may make copies or take extracts from all books, records or documents in the area, place or premises that the inspector believes, on reasonable grounds, contain information relating to

(3) No inspector may, under paragraph (1)(a) or (c), enter any area, place or premises that is designed to be used and is being used as a permanent or temporary private dwelling-place.

(4) The owner or person in charge of any area, place or premises referred to in this section and a person found on that area, place or premises shall give an inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties under this Act and shall provide the inspector with the information with respect to the administration of this Act as the inspector may reasonably request.

(1) If an inspector, whether or not a report has been made under subsection 11(3), believes, on reasonable grounds,

the inspector may direct a person to take such reasonable measures as the inspector may specify, including the cessation of an activity, to prevent the use, deposit or failure from occurring or to counteract, mitigate or remedy the adverse effects.

(2) If an inspector gives a direction to a person under subsection (1), the Minister

(3) If a person to whom a direction is given under subsection (1) contravenes or fails to comply with the direction, the inspector may take the measures referred to in that direction, and may, for that purpose, enter any area, place or premises, except one that is designed to be used and is being used as a permanent or temporary private dwelling-place.

(4) Any portion of the reasonable costs incurred by the Government of the Northwest Territories under subsection (3) that is not recoverable from the security referred to in section 35

may be recovered from the person to whom the direction under subsection (1) was given, as a debt due to the Government of the Northwest Territories.

(1) No person shall wilfully obstruct or otherwise interfere with an inspector in the carrying out of the inspector’s duties under this Act.

(2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector or other person engaged in carrying out duties under this Act.

(1) If the Minister believes, on reasonable grounds, that

the Minister may take reasonable measures to prevent, counteract, mitigate or remedy a resulting adverse effect on persons, property or the environment, and for that purpose may enter any area, place or premises, except one that is designed to be used and is being used as a permanent or temporary private dwelling-place.

(2) Any portion of the reasonable costs incurred by the Government of the Northwest Territories under subsection (1) that is not recoverable from the security referred to in section 35

may be recovered from the person referred to in subsection (1) as a debt due to the Government of the Northwest Territories to the extent that the incurring of those costs was based on subparagraph (1)(b)(i).

(1) Every person is guilty of an offence who

(2) Every person who commits an offence under subsection (1) is liable on summary conviction,

(1) Every type A licensee is guilty of an offence who

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

(1) Every type B licensee is guilty of an offence who

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

(1) For the purposes of subsections 70(2), 71(2) and 72(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 enactment, an Act of Parliament, or an Act of the legislature of a province or territory, that relates to environmental or wildlife conservation or protection.

(2) Subsection (1) applies 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 or territory.

(1) Despite the fact that a prosecution has been instituted in respect of an offence under subsection 70(1), 71(1) or 72(1), the Attorney General may commence and maintain proceedings to enjoin conduct that constitutes an offence under any of those subsections.

(2) No civil remedy for an act or omission is suspended or affected by reason that the act or omission is an offence under this Act.

(1) Subject to this section, a certificate purporting to be signed by an analyst and stating that the analyst has analyzed 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 a prosecution under this Act 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.

(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.

(3) No certificate shall be admitted in evidence under to subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.

(1) The Commissioner in Executive Council may make regulations for the purposes of sections 80 to 99, including regulations

(2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for each violation must not be more than $25,000, in the case of an individual, and $100,000 in the case of any other person.

(1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 79(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations.

(2) The purpose of the penalty is to promote compliance with this Act and not to punish.

(1) If an inspector believes on reasonable grounds that a person has committed a violation, the inspector may issue a notice of violation and cause it to be served on the person.

(2) The notice of violation must

(3) The inspector shall, without delay after issuing the notice of violation, provide a copy to the Board.

(1) A person named in a notice of violation does not have a defence by reason that the person

(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

(1) The Minister shall determine, as the case may be, whether the amount of the penalty was determined in accordance with the regulations or whether the person committed the violation, or both.

(2) The Minister shall render a determination in writing and cause the person who requested the review to be served with a copy of the determination, with reasons. A copy of the determination, with reasons, shall also be provided without delay to the Board.

(3) If the Minister determines that the amount of the penalty was not determined in accordance with the regulations, the Minister shall correct it.

(4) If the Minister determines that the person who requested the review committed the violation, that person is liable to the penalty as set out in the determination.

(5) A determination made under this section is final and binding and, except for judicial review, is not subject to appeal or to review by any court.

(1) A penalty constitutes a debt due to the Government of the Northwest Territories and may be recovered in any court of competent jurisdiction.

(2) No proceedings to recover the debt may be instituted more than five years after the day on which the debt becomes payable.

(1) The Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 96(1).

(2) Registration of a certificate of non-payment in any court of competent jurisdiction has the same effect as a judgement of that court for a debt of the amount specified in the certificate and all related registration costs.

(1) Licences that were in force under the Northwest Territories Waters Act (Canada) immediately before the coming into force of this Act, and that related to waters under the administration and control of the Commissioner subject to this Act, continue in force as if they had been issued in accordance with this Act.

(1) This Act is amended by this section.

(2) Section 21 is repealed and the following is substituted:

(3) Paragraph 45(f) is repealed and the following is substituted:

(1) This Act, except section 104, comes into force April 1, 2014.

(2) Section 104 comes into force on a day to be fixed by order of the Commissioner.