Protected Areas Act
Consolidated act- Citation
- S.N.W.T. 2019, c.11
- 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.8 Expropriation Act
- s.9 Access to Information and Protection of Privacy Act
- s.9 Access to Information and Protection of Privacy Act
- s.12 Statutory Instruments Act
- s.20 Financial Administration Act
- s.33 Northwest Territories Lands Act
- s.99 Territorial Parks Act
- s.100 Territorial Parks Act
- s.100.1 Northwest Territories Lands Act
- s.100.2 Northwest Territories Lands Act
- Protected Areas General Regulations, s.1 → #sec_56__subsec_1
- Protected Areas General Regulations, s.2 → #sec_88
- Protected Areas General Regulations, s.2
- Protected Areas General Regulations, s.2 → #sec_56
- Thaidene Nëné Territorial Protected Area Regulations, s.2 → #sec_11
- Thaidene Nëné Territorial Protected Area Regulations, s.5 → #sec_36
- Thaidene Nëné Territorial Protected Area Regulations, s.6
- Ts’udé Nilįné Tuyeta Territorial Protected Area Regulations, s.1
- Ts’udé Nilįné Tuyeta Territorial Protected Area Regulations, s.1 → #sec_24__subsec_1
- Ts’udé Nilįné Tuyeta Territorial Protected Area Regulations, s.3 → #sec_11
- Ts’udé Nilįné Tuyeta Territorial Protected Area Regulations, s.3 → #sec_17
- Ts’udé Nilįné Tuyeta Territorial Protected Area Regulations, s.17 → #sec_32
- Ts’udé Nilįné Tuyeta Territorial Protected Area Regulations, s.17 → #sec_35__subsec_3
- Ts’udé Nilįné Tuyeta Territorial Protected Area Regulations, s.20 → #sec_36
PART 1
INTERPRETATION AND APPLICATION
Definitions
1.(1) In this Act,
"adjacent community" means a community that is next to or in close proximity to the boundaries of a protected area; (collectivité adjacente)
"artisanal use" means the non-industrialized, labour-intensive extraction or use of surface and subsurface resources that involves local skills and knowledge to produce value-added products for individual sale, domestic use or community purposes; (utilisation artisanale)
"biodiversity" means the full variety of life, including the biological and genetic diversity of aquatic and terrestrial animals and plants, at whatever scale is under consideration; (biodiversité)
"candidate protected area" means a nominated protected area that is approved as a candidate protected area under section 11; (aire protégée proposée)
"cultural continuity" means the evolving linkages and ongoing relationship between Indigenous culture and the natural environment; (continuité culturelle)
"de-register" means to remove the status of a protected area under subsection 26(2); (désinscrire)
"dwelling place" means
(a) a building or structure that is kept or occupied as a permanent or temporary residence,
(b) a building or structure that is connected to a building or structure referred to in paragraph (a) by a doorway or by a covered and enclosed passageway,
(c) the part of a building or structure kept or occupied as a permanent or temporary residence in a building or structure used for additional purposes, or
(d) a unit that is designed to be mobile, such as a tent or other temporary shelter, and to be used as a permanent or temporary residence, and that is being used as such a residence; (lieu d’habitation)
"establishment agreement" means an agreement entered into under section 14; (entente de création) "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 Metis 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 Tłı̨chǫ 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 protected areas in the Northwest Territories, or
(c) any prescribed legally binding agreement; (accord relatif aux terres, aux ressources ou à l’autonomie gouvernementale)
"land use planning board" means a board established by or under a land, resources and self-government agreement, that is composed of members who are designated, nominated or appointed by an Indigenous government or organization, and members who are appointed by government, and that has a role respecting land use planning in an area of the Northwest Territories; (conseil d’aménagement du territoire)
"management board" means, in respect of a protected area, a management board established to manage the protected area; (conseil de gestion)
"nominated protected area" means an area nominated for consideration as a protected area under section 10; (aire protégée en nomination)
"officer" means an officer appointed under section 39 or a person who, by virtue of the person’s office, is an officer under subsection 40(1); (agent)
"permit" means a permit issued under the regulations; (permis)
"protected area" means an area established as a protected area under section 17; (aire protégée)
"protected areas registry" means the registry established under section 9; (registre des aires protégées)
"public land" means land under the administration and control of the Commissioner; (terre publique)
"renewable resources board" means a board or other body established by or under a land, resources and self-government agreement, that is composed of members who are designated, nominated or appointed by an Indigenous government or organization, and members who are appointed by government, and that has a role respecting management of renewable resources in an area of the Northwest Territories; (office des ressources renouvelables)
"settlement lands" means lands owned under or in accordance with a land, resources and self-government agreement. (terres visées par un règlement)
(2) Ecological integrity refers to the native components and conditions of the ecosystems that are characteristic of the Northwest Territories and that are likely to persist into the future.
(3) For the purposes of subsection (2), native components include
(a) abiotic and biotic components, including water and soils;
(b) biological communities, including their composition, abundance and diversity;
(c) natural biological processes, including taxa movement rates, and physical processes, including wildfires; and
(d) rates of change, including succession.
Purpose
2.The purpose of this Act is to support and promote the protection, conservation and maintenance of biodiversity, ecological integrity, and cultural continuity of the Northwest Territories through the creation of a representative network of protected areas intended to be permanent for the benefit of current and future generations.
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 applicable 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 or the regulations 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.
Conflict with this Act and regulations
6.In the case of any conflict between sections 14 to 37 of this Act or the regulations made in respect of those sections and any other Northwest Territories law, those sections of this Act or the regulations prevail to the extent of the conflict.
Government bound
7.This Act binds the Government of the Northwest Territories.
No expropriation
8.Notwithstanding section 3 of the Expropriation Act, no interest in land shall be expropriated for the purpose of establishing a protected area.
PART 2
PROTECTED AREAS ESTABLISHMENT
Protected Areas Registry
Registry established
9.(1) The Minister shall establish a protected areas registry for the Northwest Territories.
(2) The protected areas registry shall contain the following information:
(a) all information respecting candidate protected areas required by section 12;
(b) all information respecting established protected areas required by section 18;
(c) any reviews of candidate areas conducted, or any removals of candidate areas made, under section 13;
(d) any establishment agreements entered into under section 14, which may be redacted to exclude the disclosure of
(i) ecologically or culturally sensitive information, the disclosure of which would be prohibited pursuant to the Access to Information and Protection of Privacy Act, or
(ii) information harmful to the financial or economic interests of a party to the establishment agreement, the disclosure of which would be prohibited pursuant to the Access to Information and Protection of Privacy Act;
(e) any materials created for the purposes of public engagement under section 16, 24, 26 or 36;
(f) any notices given to and responses received from a land use planning board or body or renewable resources board pursuant to section 12, 16, 26 or 36;
(g) any reports tabled under section 20;
(h) all documents that are produced, collected or received by a management board established or designated for each protected area under section 21, or by an advisory body established under section 23, if
(i) the management board or advisory body and the Minister have reasonable grounds to believe that it would be in the public interest to disclose the document because it is required or would be beneficial for the public to effectively monitor the management of the protected area, or
(ii) the document constitutes formal correspondence to or from the management board or advisory body related to the management of the protected area;
(i) all public draft and final management plans prepared under subsection 24(1) and any reviews of those plans conducted under paragraph 24(2)(e);
(j) any interim management guidelines established under section 25;
(k) any notices given and determinations made respecting changes to a protected area under section 26, including a map and the size of the area of the change;
(l) any notices given and determinations made respecting the establishment of a transportation or transmission corridor under section 36, including the Minister's reasons for decision under subsection 36(6);
(m) any reports tabled under section 97;
(n) any other information the Minister considers necessary;
(o) any other prescribed information.
(3) The protected areas registry must be made available to the public by posting it on a website, and information that is required to be included in the protected areas registry must be added to the website without delay.
(4) Nothing in this Act requires a document to be included in the protected areas registry that
(a) is prohibited from disclosure under any other Act of the Northwest Territories or Canada; or
(b) contains information that is provided, implicitly or explicitly, in confidence to a person or body exercising powers or performing duties or functions under this Act, and is consistently treated as confidential information by the party providing the information.
Nomination of Area
Nominating area
10.(1) An area in the Northwest Territories may be nominated as a candidate protected area in accordance with this section.
(1.1) An area nominated under this section shall be considered by the Minister without delay.
(2) An area shall be considered for approval as a candidate protected area
(a) if the area is made up
(i) exclusively of public land, or
(ii) of public land and settlement lands or other private lands, or made up exclusively of settlement lands or other private lands, if the private landholders consent to the nomination; and
(b) if the Minister is satisfied that the area meets the purpose of this Act and any prescribed eligibility criteria.
(3) An Indigenous government or organization may nominate to the Minister an area to be considered for approval as a candidate protected area.
(4) The Executive Council may nominate to the Minister an area to be considered for approval as a candidate protected area.
(5) A nomination made under subsection (3) or (4) must include
(a) a summary of known values of the area;
(b) a description of how the area meets the purpose of this Act;
(c) a map of the area being nominated, indicating any portions of the area that are settlement lands or other private lands; and
(d) if the area includes settlement lands or other private lands, an indication of the private landholders’ consent to the nomination.
(6) The Minister may, in the Minister’s discretion, reject a nomination made under this section, and the Minister shall provide written reasons for the rejection to any nominating Indigenous governments or organizations.
Candidate Protected Area
Executive Council approval of candidate protected area
11.(1) The Executive Council, on the recommendation of the Minister, may approve a nominated protected area as a candidate protected area if
(a) the nominated protected area meets the purpose of the Act;
(b) the Government of the Northwest Territories has discharged its duty to consult;
(c) a description of the boundary of the nominated protected area has been prepared that is sufficient for interim protection of the area;
(d) any portions of the nominated protected area that are settlement lands or other private lands are either excluded from the boundary of the candidate protected area or included with the consent of the private landholder; and
(e) the Executive Council is satisfied that the portion of the nominated protected area that is on public land will be made subject to sufficient interim protection of the surface and subsurface, taking into account the purpose of this Act,
(i) by an order withdrawing land from disposition under the authority of an Act,
(ii) under an applicable land use plan, or
(iii) by any other available mechanism that the Executive Council considers appropriate.
(2) For greater certainty, the boundary of the candidate protected area approved under subsection (1) may differ from the boundary contained in the nomination made under section 10.
Candidate protected area to be added to
12.(1) The Minister shall add a candidate protected area to the protected areas registry
(a) after obtaining the approval of the Executive Council under section 11; and
(b) if applicable, after an order is made withdrawing land from disposition under the authority of an Act in respect of the area is registered under the Statutory Instruments Act.
(2) The Minister shall record each candidate protected area in the protected areas registry and shall include the following information in the registry for each area:
(a) a description of the boundary of the area that identifies the size of the area and any portions of the area that are settlement lands or other private lands, and a map of the area;
(b) the date of the approval of the area;
(c) the manner of interim protection for the area, including the duration of interim protection and copies of any instruments referred to in paragraph 11(1)(e);
(d) a summary of known values of the area;
(e) a description of how the area meets the purpose of this Act.
(3) If there is a land use planning board or body with a role related to an existing land use plan or a land use plan being developed in a region that includes any part of a candidate protected area, the Minister shall, without delay, give notice to that board or body of the candidate protected area approval and provide a description of the boundary or a map of the area, and take any steps that are necessary to fulfill all requirements with the land use planning board set out in the applicable land, resources and self-government agreement.
(4) If there is a renewable resources board with a role in a region that includes any part of a candidate protected area, the Minister shall, without delay, give notice to that board of the candidate protected area approval and a description of the boundary or a map of the area, and take any steps that are necessary to fulfill all requirements with the renewable resources board set out in the applicable land, resources and self-government agreement.
Review of candidate area every five years
13.(1) The Minister shall review a candidate protected area every five years after the area was added to the protected areas registry, until the area is either removed from the protected areas registry under subsection (2) or (3) or is established as a protected area under section 17.
(2) A candidate protected area may be removed from the protected area registry if the Indigenous government or organization that nominated the area for consideration under subsection 10(3) provides notice that it no longer supports the nomination of the area.
(3) If the Minister determines that a candidate protected area no longer meets the purpose of this Act or any other requirements set out in section 11, the Minister may remove the area from the protected areas registry after
(a) the Government of the Northwest Territories has discharged its duty to consult; and
(b) the Minister obtains the approval of the Executive Council.
(4) A candidate protected area removed from the registry under this section loses its status and shall not be considered for establishment as a protected area.
Establishment Agreements
Establishment of protected area with establishment agreement
14.(1) Subject to section 15, before a candidate protected area is established as a protected area under section 17, the Minister, on the recommendation of the Executive Council, must enter into an establishment agreement for the protected area with one or more Indigenous governments or organizations that the Executive Council has identified should be parties in the establishment of a protected area.
(2) The Minister, on the recommendation of the Executive Council, may enter into one establishment agreement with the identified Indigenous governments or organizations, or may enter into separate agreements with one or more of them, as the Executive Council considers appropriate in the circumstances. An establishment agreement may include that provide for the following:
(a) particulars of the parties to the agreement;
(b) a description of the boundaries of the protected area;
(c) the objectives of the protected area;
(d) the terms of establishment of the proposed protected area;
(e) the use, development, management, operation, maintenance, restoration, conservation or protection of the protected area;
(f) any relationship between the protected area and any relevant land, resources and self-government agreements; the required roles, if any, of any renewable resources boards under any applicable land, resources and self-government agreements and the relationship between the renewable resources boards and the management board; the required roles, if any, of any land use planning boards or bodies and the relationship between the land use planning boards or bodies and the management board;
(g) the rights and obligations of each party with respect to the governance and management of the protected area;
(h) the management and governance processes, including for any authorizations issued under any law of the Northwest Territories;
(i) the requirement for and structure, roles and responsibilities of the management board, if applicable;
(j) particulars in respect of the preparation of the management plan required under section 24, and in respect of interim management guidelines referred to in section 25;
(k) an estimate of the reasonable costs associated with implementation of the management plan, including the costs of the management board, if applicable, and the cost responsibilities of each party;
(l) any measures that will be taken for the benefit of parties;
(m) financial and other reporting requirements;
(n) indicators for measuring performance effectiveness of the establishment agreement;
(o) dispute resolution procedures;
(p) the requirement for a periodic review of the establishment agreement;
(q) specifications about the use of buildings, equipment or other property provided as part of the establishment agreement;
(r) roles and responsibilities for the protection of sites of cultural, spiritual, religious, historic or archaeological significance;
(s) employment and training;
(t) contracting;
(u) any steps that will be taken to mitigate potential adverse impacts of the establishment of the protected area on asserted or established Aboriginal or treaty rights;
(v) use of camps and cabins pursuant to asserted or established Aboriginal or treaty rights;
(w) use of travel routes for harvesting and traditional uses pursuant to asserted or established Aboriginal or treaty rights;
(x) activities that shall be prohibited in addition to those that are set out in this Act;
(y) zoning of the area and allowable activities within zones;
(z) business and commercial activities within the protected area;
(z.1) particulars with respect to prohibiting access for conservation purposes;
(z.2) requirements and processes for approving transportation and transmission corridors;
(z.3) use and protection of traditional knowledge;
(z.4) visitor registration and orientation;
(z.5) any other matters agreed to by the parties to the agreement related to the establishment, use, development, management, operation, maintenance, restoration, conservation or protection of the protected area;
(z.6) any other matters as specified in a land, resources and self-government agreement.
(4) The Minister shall make best efforts to enter into an establishment agreement, on the recommendation of the Executive Council, with one or more Indigenous governments and organizations, but a protected area may be established under section 17 if
(a) there is agreement with at least one of the applicable Indigenous governments and organizations, unless paragraph 15(1)(b) applies; and
(b) the Government of the Northwest Territories has discharged its duty to consult.
Establishment of protected area with no establishment agreement
15.(1) A candidate protected area may be established as a protected area under section 17 without first entering into an establishment agreement in the following circumstances:
(a) all Indigenous governments or organizations that the Executive Council has identified should be parties to an establishment agreement under section 14 have opted out of such an agreement;
(b) the Executive Council determines that
(i) irreconcilable differences have arisen during negotiation between the Indigenous governments or organizations that the Executive Council identified should be parties to an establishment agreement under section 14, and
(ii) it is not appropriate to enter into an agreement with any of the Indigenous governments or organizations due to these irreconcilable differences.
(2) The Minister shall make best efforts to enter into establishment agreements, on the recommendation of the Executive Council, with all identified Indigenous governments and organizations before the Executive Council makes a determination to proceed with establishing a protected area under the authority of paragraph (1)(b).
(3) If subsection (1) permits a protected area to be established without an establishment agreement, the Government of the Northwest Territories shall discharge its duty to consult before the area is established.
Protected Area Establishment
Opportunity for public engagement
16.(1) The Minister shall ensure that there is an opportunity for public engagement as the Minister considers appropriate before the establishment of a protected area under section 17.
(2) The Minister shall engage with the government of any adjacent community before the establishment of a protected area under section 17.
(3) For the purposes of subsection (2), the applicable government of an adjacent community is
(a) if the community is a municipality, the municipal council; or
(b) if the community is not a municipality, the community council or band council responsible for the administration of the community.
(4) If there is a land use planning board or body with a role related to an existing land use plan or a land use plan being developed in a region that includes any part of a candidate protected area, the Minister shall, without delay, give notice of the intention to establish a protected area under section 17 to that board or body before the protected area is established, and provide a description of the boundary or a map of the area, and shall ensure that any requirements with respect to any land use planning board or body are fulfilled before establishing a protected area.
(5) The Minister shall ensure that any requirements with respect to any renewable resources boards as set out in the applicable land, resources and self-government agreements are fulfilled before establishing a protected area.
Establishment of protected area
17.(1) The Commissioner in Executive Council may, by regulation, establish a candidate protected area as a protected area.
(2) The regulations establishing a protected area shall include the metes and bounds description of the area and any prohibited activities in addition to those set out in this Act that are set out in any applicable establishment agreement or, in the absence of an establishment agreement, as appropriate for the management of the protected area.
(3) The Commissioner in Executive Council may, in respect of each protected area, make regulations for the management of the area and without limiting the generality of the foregoing may make regulations
(a) implementing provisions of an establishment agreement that are necessary for public compliance and enforcement;
(b) respecting the issuance of protected areas permits and activities and uses that require a protected areas permit;
(c) controlling use and development of the protected area, and zoning of the protected area for the purposes of allowing specific activities within the zones;
(d) governing the operation and use of public facilities;
(e) respecting intoxicants;
(f) providing for the peace and enjoyment of users;
(g) respecting the deposit of substances that would degrade or alter the quality of the environment;
(h) respecting the control of fires;
(i) respecting the possession or discharge of firearms;
(j) respecting the possession of animals;
(k) respecting the use of motor vehicles and other modes of transportation;
(l) respecting any matters that may be included in an establishment agreement set out in section 14, whether or not there is an establishment agreement for the area;
(m) respecting the requirements for a management plan under section 24;
(n) respecting the protection, conservation, control and management of the protected area;
(o) respecting the control of access to the protected area, including by road, boat and air;
(p) prohibiting entry to the protected area;
(q) regarding the exercise of allowable or permitted activities;
(r) respecting the policies, guidelines and standards that may be adopted in respect of a protected area, and in particular the manner by which the policies, guidelines and standards must be developed and made available to the public; and
(s) respecting any other matter that the Commissioner in Executive Council considers necessary for the management
(4) For greater certainty, regulations made under this section prevail to the extent of any conflict or inconsistency with regulations made under section 98.
Information in protected areas registry
18.The Minister shall record each established protected area in the protected areas registry and shall include the following information in the registry for each area:
(a) the metes and bounds description of the area that identifies the size of the area and any portions of the area that are settlement lands or other private lands, and a map of the area;
(b) a description of how the area meets the purpose of this Act;
(c) the objectives that are defined for the area;
(d) confirmation that all conditions precedent to establishing the protected area in any establishment agreement, agreement with a private landholder or other legal agreement are met.
PART 3
PROTECTED AREA ADMINISTRATION
AND MANAGEMENT
Administration
Administration and management
19.Subject to the provisions in any applicable establishment agreement and the regulations, the Minister is responsible for the administration, management and operation of a protected area.
Funding
20.(1) The Minister may, with respect to the management and operation of protected areas established under this Act,
(a) enter into funding agreements; and
(b) establish a special purpose fund as defined in the Financial Administration Act and accept donations for deposit into the fund.
(2) The Minister shall, within 180 days following the end of each fiscal year, table with the Legislative Assembly a report of any special purpose fund established under subsection (1), that includes
(a) the total amount deposited into the fund in the preceding fiscal year and the purpose for the deposit;
(b) disbursements from the fund in the preceding fiscal year, the recipients, and the purpose for each disbursement; and
(c) the value of the fund at the end of the preceding fiscal year.
Management Boards
Management board responsibility
21.(1) A management board may be established for a protected area, to be responsible for the management of the area in accordance with the regulations for that area.
(2) An existing board or other body may be designated as the management board for a protected area.
Protection from liability
22.No action lies against a member or employee of a management board for anything done or not done by that person in good faith and in purporting to act in accordance with an applicable establishment agreement, this Act or the regulations.
Advisory Bodies
Advisory bodies on recommenda- tion
23.(1) The Minister may establish, on the recommendation of an Indigenous government or organization that is a party to an establishment agreement, or on the recommendation of the management board for a protected area, one or more advisory bodies to advise the management board on any matter related to the protected area.
(2) The Minister may establish, on the Minister’s own initiative, one or more advisory bodies
(a) to advise the Minister on any matter related to a protected area if there is no management board for that area; or
(b) to advise on any general matters affecting the protected areas network.
Management Plans
Requirement for management
24.(1) A management plan for a protected area must be completed
(a) as soon as is practicable and no later than five years after the establishment of the protected area under section 17; and
(b) in accordance with the requirements of this Act and the regulations.
(2) A management plan must provide for the management of a protected area consistent with the purpose of this Act, and must include the following:
(a) conservation objectives and any concurrent management objectives for the area;
(b) if no regulations are made under the authority of paragraph 17(3)(c), where allowable activities can occur within the area;
(c) indicators and baseline data collection to measure progress towards meeting the objectives of the protected area;
(d) management actions which are required to meet objectives;
(e) a process for a review to be conducted to determine whether the conservation objectives of the area are being met;
(f) climate change considerations.
(3) The Minister shall ensure that there is an opportunity for public engagement, either by the management board for the area, or as the Minister considers appropriate, in the process of preparing a management plan for a protected area.
(4) The Minister shall ensure that the government of any adjacent community is engaged, either by the management board for the area or as the Minister considers appropriate, in the process of preparing a management plan for the protected area.
(5) For the purposes of subsection (4), the applicable government of an adjacent community is the same as in subsection 16(3).
(6) If there is a land use planning board or body with a role related to an existing land use plan or a land use plan being developed in a region that includes any part of a protected area, the Minister shall, without delay, give notice to that board or body of the process of preparing a management plan for the protected area, and shall ensure that any requirements with respect to any land use planning board or body are fulfilled before the management plan is approved.
(7) The Minister shall ensure that any requirements with respect to any renewable resources boards as set out in the applicable land, resources and self-government agreements are fulfilled before the management plan is approved.
Interim management guidelines
25.The parties to an establishment agreement for a protected area may establish, in accordance with that agreement, interim management guidelines to be in effect until a management plan is completed under section 24.
Changes to Protected Area
Status maintained except as provided
26.(1) A protected area established under this Act shall maintain its status as a protected area except as set out in this section.
(2) The Commissioner in Executive Council may amend the regulations establishing a protected area to reduce the size of the protected area, or may by repeal of the regulations de-register the protected area, if
(a) agreement is obtained from
(i) all Indigenous governments and organizations that are party to an establishment agreement in respect of that area, and
(ii) any other Indigenous governments and organizations that the Executive Council determines is required in the circumstances;
(b) settlement or reserve lands are selected from within a protected area pursuant to a land, resources and self-government agreement or treaty land entitlement agreement; or
(c) a court of competent jurisdiction finds that lands within the protected area are Aboriginal title lands.
(3) The Minister shall ensure that there is an opportunity for public engagement, including with an adjacent community, either by the management board, if applicable, or as the Minister considers appropriate, in the process of reducing the size of a protected area or de-registering a protected area that is on public land.
(4) The Minister shall update the protected areas registry to reflect a change in the size of a protected area or to de-register a protected area.
(5) If there is a land use planning board or body with a role related to an existing land use plan or a land use plan being developed in a region that includes any part of a protected area, the Minister shall, without delay, give notice to that board or body of a change in size or de-registration of a protected area under this section, and shall ensure that any requirements with respect to any land use planning board or body are fulfilled before making any change in size or de-registering a protected area.
(6) The Minister shall ensure that any requirements with respect to any renewable resources boards as set out in the applicable land, resources and self-government agreements are fulfilled before making any change in size or de-registering a protected area.
PART 4
ACTIVITIES IN PROTECTED AREAS
Exercise of Aboriginal or treaty right
27.(1) For greater certainty, an activity prohibited under this Act does not affect the exercise of an Aboriginal or treaty right in respect of that activity.
(2) A person who has an Aboriginal or treaty right within a protected area does not require a permit to exercise that right in that protected area and is not required to pay a fee to do so.
(3) A person claiming to exercise an Aboriginal or treaty right in a protected area shall
(a) carry proper identification that provides evidence that the person has an Aboriginal or treaty right; and
(b) on request by an officer, show proper identification to exercise the Aboriginal or treaty right.
Allowable activities must be consistent with purpose
28.(1) Activities conducted in a protected area permitted under this Act or the regulations, or in accordance with any applicable management plan, must not substantially alter or substantially diminish the biodiversity, ecological integrity and cultural continuity within the area.
(2) Notwithstanding anything in this Act, an activity may be conducted by the Government of the Northwest Territories, the government of an adjacent community or Indigenous government or organization in a protected area if it is carried out pursuant to an applicable establishment agreement for the purpose of public safety, law enforcement or to respond to an emergency.
(3) No permit may be issued under this Act that is not in accordance with any applicable management plan for a protected area.
Conducting activity
29.(1) No person shall conduct an activity in a protected area that is prohibited by this Act, the regulations or any applicable management plan.
(2) No person shall conduct an activity in a protected area where a permit is required by the regulations, except as authorized under a valid permit issued in accordance with the regulations.
(3) A protected area may, in the regulations or in any applicable management plan, be divided into one or more zones and one or more allowable activities may be limited to within specified zones.
Structures
30.No person shall, without lawful authority, damage, remove or destroy any structures lawfully erected in a protected area.
Vegetation
31.(1) No person shall damage, remove or destroy vegetation in a protected area except in the following circumstances:
(a) personal use;
(b) artisanal use;
(c) use by an adjacent community;
(d) protected area management;
(e) authorized research.
(2) Notwithstanding subsection (1), a person may harvest timber and non-timber forest products for building and maintenance of, or incidental use by, a lodge or eco-tourism business lawfully operating within the protected area if
(a) there is no feasible alternative for obtaining the products outside the boundaries of the area;
(b) the activity does not substantially alter or substantially diminish the biodiversity, ecological integrity and cultural continuity of the area; and
(c) any additional requirements as set out in the regulations or any applicable management plan for the area are met.
Agriculture
32.No person shall conduct agriculture in a protected area except for the purpose of establishing and maintaining gardens adjacent to dwelling places, lodges or eco-tourism businesses within the protected area in accordance with the regulations and any applicable management plan.
Stone, soil and aggregates
33.(1) No person shall disturb or remove stone, soil or aggregates in a protected area, except in the following circumstances:
(a) personal use;
(b) artisanal use;
(c) use by an adjacent community;
(d) for the purposes of gardening in accordance with section 32;
(e) for building and maintenance of or incidental use by a lodge or eco-tourism business if
(i) there is no feasible alternative for obtaining the products outside the boundaries of the area,
(ii) the activity does not substantially alter or substantially diminish the biodiversity, ecological integrity and cultural continuity of the area, and
(iii) any additional requirements as set out in the regulations or any applicable management plan for the area are met;
(f) protected area management;
(g) authorized research.
(2) The limitation set out in paragraph 8(2)(b) of the Quarrying Regulations made under the Northwest Territories Lands Act does not apply to artisanal uses of stone allowable under subsection (1).
Dumping or depositing substances
34.No person shall dump or deposit substances that would degrade or alter the quality of the environment in a protected area unless
(a) it is in a designated receptacle or area for such purpose;
(b) it is allowed in the regulations or any applicable management plan; or
(c) it is authorized by an Act of the Northwest Territories or an Act of Canada, or a law made by an Indigenous government having authority to make laws in respect of the matter.
Surface interests
35.(1) Any surface authorizations or interests for lands within a protected area may be issued or renewed, subject to the regulations and any applicable management plan.
(2) No surface or subsurface authorizations or interests may be granted in a protected area for any of the following activities:
(a) mining, including exploration;
(b) oil and gas developments, including exploration;
(c) energy developments.
(3) A surface or subsurface authorization or interest may be granted for the purposes of a low-impact small scale renewable energy development for energy use within a protected area or an adjacent community if
(a) there are no feasible alternatives outside the boundaries of the area;
(b) the activity does not substantially alter or substantially diminish the biodiversity, ecological integrity and cultural continuity of the area; and
(c) any additional requirements set out in regulations or in any applicable management plan for the area are met.
Transportation or transmission corridors
36.(1) Notwithstanding anything in this Act and where the Minister considers it in the public interest, the Minister may identify an area within a protected area where a right to occupy land may be granted for the purposes of establishing a transportation or transmission corridor within the protected area, provided that
(a) consideration is given to
(i) the feasibility of alternatives outside the boundaries of the protected area, and
(ii) the potential impacts on the biodiversity, ecological integrity and cultural continuity of the protected area and potential mitigation of those impacts; and
(b) any additional requirements set out in the regulations or in any applicable management plan for the area are met.
(2) Before the identification of any area under subsection (1), the Minister shall consult with and consider the views of the management board for the protected area, if applicable.
(3) The Minister shall ensure that there is an opportunity for public engagement, either by the management board for the area, or as the Minister considers appropriate, before the identification of any area under subsection (1).
(4) If there is a land use planning board or body with a role related to an existing land use plan that includes any part of a protected area, the Minister shall, before the identification of any area under subsection (1), ensure that any requirements with respect to any land use planning board or body are fulfilled.
(5) The Minister shall ensure that any requirements with respect to any renewable resources boards as set out in the applicable land, resources and self-government agreements are fulfilled before the identification of any area under subsection (1).
(6) The Minister's reasons for a decision to identify an area under this section shall be recorded in the protected areas registry.
Introduction of species
37.No person may introduce any species to a protected area, except in the case of a non-invasive species for protected area management purposes or for the purposes of domestic gardening in accordance with section 32.
ENFORCEMENT, OFFENCES AND PENALTIES
PART 5
Interpretation
Definitions
38.In this Part,
"alternative measures" means measures other than judicial proceedings used to deal with a person who is alleged to have committed an offence; (mesures de rechange) "place" includes
(a) land or an area,
(b) a building or structure, including a tent,
(c) a container, and
(d) a vehicle; (lieu)
"qualified laboratory" means a laboratory designated by the Minister under section 88; (laboratoire compétent)
"record" includes any document, book, electronic data or other record; (document)
"vehicle" includes any conveyance that may be used for transportation and anything attached to the conveyance. (véhicule)
Officers
Officers
39.The Minister may appoint officers and shall specify in the appointment the powers that may be exercised and the duties that may be performed by the officer under this Act and the regulations.
Classes of persons as officers
40.(1) The Minister may, by order, designate classes of persons who, by virtue of their offices, are officers for the purposes of this Act and the regulations.
(2) Before designating as officers a class of persons employed by a government other than the Government of the Northwest Territories, the Minister shall obtain the agreement of that government.
Peace officer
41.(1) For the purposes of this Act and the regulations, an officer is a peace officer and has the powers and protections provided to a peace officer under the Criminal Code and the common law.
(2) An officer may administer all oaths and affirmations and take and receive all affidavits and statutory declarations required under this Act or the regulations, other than an oath or affirmation referred to in subsection (3), and may certify the administration or taking or receiving of them.
(3) An officer shall take and subscribe to an oath or affirmation in the following form, translated, if the officer so requests, into an Official Language of the Northwest Territories other than English or French: I, ............, solemnly (swear/affirm) that I will diligently, impartially and to the best of my ability, execute and perform the duties required of me as an officer, and will follow all lawful instructions that I receive as an officer, without fear of, or favour or affection toward any person. (So help me God/I so affirm).
Officer certificate
42.(1) An officer must be provided with a certificate, in the form approved by the Minister, certifying that the officer has been appointed or designated as an officer.
(2) In exercising powers or performing duties under this Act or the regulations, an officer shall, on request, show the certificate referred to in subsection (1).
Request for assistance
43.(1) An officer may request another person to assist the officer in exercising powers or performing duties under this Act or the regulations.
(2) The protections afforded under this Act to an officer extend to another person while and to the extent that the person is in the course of assisting the officer under the officer’s direction.
Removal and storage of items
44.(1) An officer may remove and store any vehicle, aircraft, boat, trailer, equipment or any other thing that the officer believes, on reasonable and probable grounds, to be
(a) lost or abandoned in a protected area; or
(b) situated at a location in a protected area where its presence is unauthorized.
(2) An officer who removes and stores an item under subsection (1) shall
(a) make reasonable efforts to determine the owner of the item; and
(b) if the owner can be determined, make reasonable efforts to contact the owner to arrange for the return of the item to the owner.
(3) The Minister may determine that an item is abandoned to the Government of the Northwest Territories, if
(a) the owner of an item cannot be determined or contacted under subsection (2) within three months of removal and storage of the item; or
(b) the owner does not wish to have the item returned to them.
(4) If the Minister does not determine an item to be abandoned under the circumstances referred to in paragraph (3)(b), the owner of the item shall accept return of the item.
(5) The Government of the Northwest Territories has a right of action in damages against a person for the removal and storage of an item under this section.
Inspection, Investigation and Seizure
Stopping vehicles
45.(1) For the purpose of carrying out an inspection or an investigation under this Part, an officer may signal or otherwise direct the operator of a vehicle to stop the vehicle, or to move the vehicle to a location and stop it, and the operator shall immediately comply with the officer’s signal or direction and shall not proceed until permitted to do so by the officer.
(2) For the purposes of subsection (1), signals to stop include intermittent flashes of red or blue light, a hand signal, an audible request or a siren.
(3) This section does not apply in respect of an aircraft that is in flight.
Inspection
46.(1) Subject to subsection (5), for the purpose of ensuring compliance with this Act or the regulations, an officer may, at any reasonable time, enter and inspect any place in which the officer believes on reasonable grounds there is a record or other thing to which this Act or the regulations applies, or a record or other thing relating to the administration of this Act or the regulations.
(2) In conducting an inspection under this section, an officer may
(a) open any container or other thing that the officer believes on reasonable grounds contains a record or other thing referred to in subsection (1);
(b) inspect a record or other thing and take samples free of charge;
(c) conduct tests or analyses that may be relevant to the inspection;
(d) inspect any other record or thing that is in the place and that the officer believes on reasonable grounds is a record or thing referred to in subsection (1); direct any person to produce for examination or copying any record that the officer believes on reasonable grounds contains information that is relevant to the administration of this Act or the regulations; use or cause to be used any computer system or other electronic device at the place to examine any data contained in or available to the computer system or other electronic device; reproduce any record or cause it to be reproduced from the data in the form of a printout or other output; use or cause to be used any copying equipment at the place to make copies of the data or any other record; remove from the place any record or other thing for the purpose of making copies or for further inspection; take photographs and make recordings and sketches; seize and detain in accordance with this Act anything found in the place that the officer believes on reasonable grounds is something
(i) in relation to which this Act or the regulations were contravened, or
(ii) the seizure and detention of which is necessary to prevent non- compliance with this Act or the regulations; direct the owner or person having possession of any vehicle to move the vehicle, or for any time that may be necessary, not to move it or to restrict its movement; require any individual to establish his or her identity to the officer’s satisfaction; and require a person to stop or start any activity.
shall comply with a direction made made under subsection (2).
(4) Any copying or further inspection done must be conducted as soon as is practicable, and the record or other thing must be returned to the person from whom it was taken.
(5) An officer may only enter a dwelling place with the consent of the occupant or under the authority of a warrant issued under section 47.
Warrant to inspect dwelling place
47.(1) A justice may issue a warrant authorizing an officer and any other named person to enter and inspect a dwelling place and exercise any power referred to in section 46 if, on an ex parte application, the justice is satisfied by information on oath or affirmation that
(a) there is in the dwelling place a record or other thing to which this Act or the regulations applies or a record or other thing relating to the administration of this Act or the regulations;
(b) entry to the dwelling place is necessary for a purpose relating to the administration of this Act or the regulations; and
(c) entry to the dwelling place has been refused or that there are reasonable grounds for believing that entry will be refused.
(2) A warrant issued under subsection (1) is subject to any conditions that may be specified in the warrant.
(3) An endorsement that is made on a warrant as provided for in subsection (1) is sufficient authority to the officer to whom it was originally directed, to any other officer, and to any other named person, to execute the warrant.
Officer may make orders
48.(1) An officer may make a verbal or written order with reasons,
(a) for the removal of any unauthorized improvement, structure or work in a protected area;
(b) for a person to repair any damage to the environment or property caused by that person or by anyone for whom that person is responsible;
(c) to a permit holder to comply with terms and conditions of that permit and to rectify any contravention of those terms and conditions in accordance with the regulations; and
(d) to a person to stop an activity that is prohibited under this Act or the regulations, or is not permitted in the specific location under the regulations or any applicable management plan.
(2) If an order under subsection (1) is made verbally, the officer shall, at the earliest opportunity, provide the order in writing.
(3) A person shall comply with an order of an officer under subsection (1).
(4) If the person to whom an order made by an officer is directed does not comply with the order, an officer may take any measures reasonably considered to be necessary to carry out the order and the person who fails to comply with the order shall be liable for all costs incurred in carrying out the order.
Duty to co-operate
49.The owner or person in charge of a place or a dwelling place that is entered by an officer under section 46 or 47 and every person found in the place, shall
(a) produce for inspection any record or other thing requested by the officer for the purposes of this Act or the regulations;
(b) give the officer all reasonable assistance to enable the officer to exercise powers and perform duties under this Act or the regulations; and
(c) provide the officer with any information relevant to the administration of this Act or the regulations that the officer may reasonably require.
Search with warrant
50.(1) A justice may issue a warrant in accordance with subsection (2) if on an ex parte application, a justice is satisfied by information on oath or affirmation that there are reasonable grounds to believe that there is in a place a record or other thing
(a) by means of or in respect of which an offence under this Act or the regulations has been or is suspected to have been committed;
(b) that there are reasonable grounds to believe will afford evidence in respect of the commission of an offence under this Act or the regulations; or
(c) that will reveal the whereabouts of a person who is believed to have committed an offence under this Act or the regulations.
(2) A warrant under subsection (1) may
(a) authorize an officer and any other named person to enter a place and search the place for any such thing and to seize it; and
(b) be subject to any terms or conditions the justice considers necessary.
(3) An endorsement that is made on a warrant as provided for in subsection (1) is sufficient authority to the officer to whom it was originally directed, to any other officer, and to any other named person, to execute the warrant and to deal with things seized in accordance with this Part or as otherwise provided by law.
(4) In carrying out a search, an officer and any other person who is authorized under this section to search a computer system or other electronic device for data may exercise any power referred to in paragraphs 46(2)(f) to (i), and may seize any printout or other output or any copy made in the exercise of that power.
Expiry of warrant
51.(1) A warrant issued under section 47 or 50 must specify a date on which it expires, which must not be later than 15 days after its issue.
(2) A warrant issued under section 47 or 50 may only be executed between 6 a.m. and 9 p.m., unless
(a) the justice is satisfied that there are reasonable grounds for it to be executed at a different time;
(b) the reasonable grounds are included in the information referred to in subsection 47(1) or 50(1), as the case may be; and
(c) the justice authorizes in the warrant that it be executed at a different time.
Search without warrant
52.Notwithstanding section 50, an officer may, without a warrant, exercise any of the powers described in that section, if
(a) the officer believes on reasonable grounds that there is in the place a record or other thing referred to in subsection 50(1); and
(b) it is not practicable to obtain a warrant because of exigent circumstances, including circumstances in which the delay necessary to obtain the warrant could result in the loss or destruction of evidence.
Warrant to use technique, device
53.(1) If, on an ex parte application, a justice is satisfied by information on oath or affirmation that there are reasonable grounds to believe that an offence under this Act or the regulations has been or will be committed, and that information concerning the offence will be obtained through the use of a technique, procedure, device or by the doing of the thing described in the information, the justice may issue a warrant authorizing an officer and any other named person to use any investigative technique or procedure, to use any device, or to do anything described in the warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of a person or a person’s property.
(2) Section 487.01 of the Criminal Code, except to the extent that it restricts the kind of offences to which the section relates, applies in respect of a warrant issued under subsection (1), with such modifications as the circumstances require.
(3) An endorsement that is made on a warrant as provided for in subsection (1) is sufficient authority to the officer to whom it was originally directed, to any other officer, and to any other named person, to execute the warrant and to deal with things seized in accordance with this Part or as otherwise provided by law.
Telewarrant
54.(1) If an officer believes that an offence under this Act or the regulations has been committed and that it would be impracticable to appear personally to make an application for a warrant under section 50, the officer may submit an information on oath or affirmation to a justice by telephone or another means of telecommunication.
(2) A justice referred to in subsection (1) may issue a warrant conferring the same authority respecting search and seizure as may be conferred by a warrant issued by a justice before whom an officer appears personally under section 50, and section 487.1 of the Criminal Code applies with such modifications as the circumstances require.
(3) An endorsement that is made on a warrant as provided for in subsection (1) is sufficient authority to the officer to whom it was originally directed, to any other officer, and to any other named person, to execute the warrant and to deal with things seized in accordance with this Part or as otherwise provided by law.
Seizure without warrant
55.(1) An officer who is searching a place without a warrant under section 52 may seize any record or other thing that the officer believes on reasonable grounds
(a) has been obtained by the commission of an offence under this Act or the regulations;
(b) has been used in the commission of an offence under this Act or the regulations;
(c) will afford evidence in respect of the commission of an offence under this Act or the regulations; or
(d) is intermixed with a thing referred to in paragraph (a), (b) or (c).
(2) If the officer is searching a place under the authority of a warrant, subsection (1) applies to any record or other thing referred to in that subsection, whether or not such a thing is specified in the warrant.
Appeal from decision or order of officer
56.(1) A person aggrieved by a decision or order of an officer made under this Act or the regulations may file, in the prescribed form, a notice of appeal from the decision or order with the Minister within 10 days after the decision or order is made.
(2) On receiving a notice of appeal under subsection (1), the Minister may appoint an adjudicator to hear the appeal or the Minister may hear the appeal.
(3) The adjudicator or Minister shall without delay
(a) hear the representations of the appellant, either in writing or orally, and any other representations that he or she considers necessary;
(b) confirm, vary or revoke the decision or order; and
(c) cause a copy of his or her decision to be served on the appellant.
(4) The decision or order appealed from continues to apply pending disposition of the appeal or pending an interim order of the adjudicator or Minister.
Procedure following seizure
57.On seizing a record or other thing in the execution of a warrant issued under this Part, and on seizing a record or other thing without a warrant, an officer shall, as soon as is practicable, bring the thing seized before a justice or report to a justice that the officer has seized the thing and is detaining it, or is causing it to be detained, to be dealt with by the justice in accordance with this Part.
Disposition of thing seized
58.A justice before whom a thing seized is brought, or to whom a report is made, shall order that the thing be dealt with in accordance with this Part.
Return of thing seized
59.(1) A justice shall order the return of a thing that has been seized, and that has not been forfeited, abandoned or sold under this Part, to the owner or other person lawfully entitled to possession of the thing, if the person is known, unless the prosecutor, or the officer or other person having custody of the thing, satisfies the justice that its detention is required for the purposes of any investigation, prosecution or other proceeding.
(2) If the prosecutor, or the officer or other person having custody of the thing seized, satisfies the justice that the thing should be detained for a reason set out in subsection (1), the justice shall order that it be detained until the conclusion of any investigation or until it is required to be produced for the purposes of a prosecution or other proceeding.
(3) Nothing shall be detained under the authority of subsection (2) for a period of more than three months after the day of the seizure, or any longer period that ends when an application made under subsection (1) is decided, unless
(a) a justice, on the making of a summary application to him or her after at least three days notice of the application to the person from whom the thing detained was seized, is satisfied that, having regard to the nature of the investigation, its further detention for a specified period is warranted and the justice so orders; or
(b) proceedings are instituted in which the thing detained may be required.
Cumulative period of detention of thing seized
60.More than one order for further detention may be made under paragraph 59(3)(a), but the cumulative period of detention must not exceed two years after the day of the seizure, or any longer period that ends when an application made under paragraph 59(3)(a) is decided, unless
(a) a justice, on the making of a summary application to him or her after at least three days notice of the application to the person from whom the thing detained was seized, is satisfied, having regard to the complex nature of the investigation, that the further detention of the thing seized is warranted for a specified period and subject to such other conditions as the justice considers appropriate, and the justice so orders; or
(b) proceedings are instituted in which the thing detained may be required.
Application for return of thing
61.(1) A person claiming to be the owner or other person lawfully entitled to the possession of a thing that has been seized under this Part may apply to a justice for an order returning or releasing the thing to the person.
(2) On an application under subsection (1), a justice may order a thing be returned or released to the person lawfully entitled to its possession if
(a) the continued detention of the thing is not reasonably required for the purposes of an investigation, prosecution or other proceeding; and
(b) the thing has not been forfeited, abandoned, sold or disposed of under this Part.
Return of thing seized
62.At the conclusion of an investigation, if a charge is not laid or if a charge is laid but on its final disposition the accused is acquitted or the charge is dismissed or withdrawn, a justice shall order the return of a thing that had been seized, and that has not been forfeited, abandoned, sold or disposed of under this Part, to the owner or other person lawfully entitled to possession of it, if that person is known.
Preservation of seized thing
63.A person who seizes or detains a thing shall take reasonable care to ensure its preservation, unless it is forfeited or abandoned to the Government of the Northwest Territories.
Limitation of liability
64.No action or other proceeding for damages lies or may be instituted against the Government of the Northwest Territories, the Minister or an officer for loss or damage arising from the seizure, disposal or return in accordance with this Part of a thing that has been seized, or from the deterioration of a thing while it is being detained under a seizure, other than loss or damages resulting from negligence or wilful neglect.
Abandonment
65.(1) The owner or other person lawfully entitled to possession of a thing seized may request that the thing be abandoned to the Government of the Northwest Territories.
(2) If an owner or other person wishes to abandon a thing seized, the Minister may determine the item to be abandoned to the Government of the Northwest Territories.
(3) If the Minister does not determine an item to be abandoned to the Government of the Northwest Territories under subsection (2), the owner or other person lawfully entitled to possession of a thing seized shall accept return of the thing.
Disposition of Forfeited or
Abandoned Items
Abandoned and forfeited things
66.(1) Any thing that has been forfeited or abandoned under this Part may be dealt with, sold or otherwise disposed of, as the Minister considers appropriate.
(2) If a person establishes to the satisfaction of the Minister the person was the owner of property that was removed under section 44 and was sold, within one year of the date of sale, the Minister may direct the payment to the person of an amount equal to the price received for the item less the cost of the sale and other expenses incurred in connection with the item.
General
Arrest without warrant
67.(1) An officer may arrest without warrant a person whom the officer believes on reasonable grounds is committing or has committed an offence under this Act or the regulations.
(2) An officer who arrests a person without warrant shall, as soon as is practicable, release the person from custody, unless the officer believes on reasonable grounds that
(a) it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to
(i) establish the identity of the person,
(ii) secure or preserve evidence of or relating to the offence, or
(iii) prevent the continuation or repetition of the offence or the commission of another offence; or
(b) the person arrested, if released, will fail to attend court in order to be dealt with according to law.
(3) A person arrested and not released under this section must be brought before a justice to be dealt with according to law as follows:
(a) if a justice is available within a period of 24 hours after the person has been arrested by or delivered to the officer, the person shall be brought before the justice as soon as is practicable and in any event within that period;
(b) if a justice is not available within a period of 24 hours after the person has been arrested by or delivered to the officer, the person shall be brought before a justice as soon as is practicable.
(4) An officer may use as much force as is necessary and is reasonable in the circumstances to make an arrest.
Entry on land
68.(1) Subject to subsection (3), an officer who in good faith is exercising powers or performing duties under this Act or the regulations, and a person assisting the officer, may enter on any land without being liable for trespass.
(2) An officer or a person referred to in subsection (1) is liable only for actual damage wilfully or negligently caused by him or her.
(3) Entry on land under subsection (1) is subject to any conditions for access to lands set out in or determined under a land, resources and self-government agreement.
Limitation of liability
69.An officer or any other person having powers or duties under this Act or the regulations is not liable for anything done or not done by him or her in good faith in the exercise of powers or performance of duties.
False statement,
70.No person shall
(a) knowingly make a false or misleading statement, either orally or in writing, to an officer who is exercising powers or performing duties under this Act; or
(b) otherwise obstruct or hinder an officer who is exercising powers or performing duties under this Act.
Production of permit
71.(1) A person who holds a permit that relates to an activity that would otherwise be prohibited under this Act or the regulations, and that is issued under the regulations, or under any other Act of the Northwest Territories, an Act of Canada or a law made by an Indigenous government having authority to make laws in respect of the activity shall, at the request of an officer, produce the permit to the officer for examination.
(2) If a person fails to produce for examination a permit when requested by an officer and the officer has reasonable grounds to believe that the person is acting without authority, the person shall cease the activity immediately upon request of the officer.
False or misleading statement: applications
72.(1) No person shall make a false or misleading statement or provide false or misleading information in an application for a permit.
(2) No person shall make a false or misleading statement or entry or provide false or misleading information, in a report or other record required by this Act or the regulations.
Signs and notices
73.(1) A person with the responsibility for a protected area may post signs or notices regarding activities in the protected area under this Act or the regulations.
(2) No person shall remove, alter, deface or destroy a sign or notice lawfully posted under this Act or the regulations.
(3) No person shall, without lawful authority, post a sign or notice purporting to prohibit or regulate activities in relation to a protected area.
Offences and Punishment
Offence and punishment
74.Every person who contravenes or fails to comply with this Act or the regulations is guilty of an offence punishable on summary conviction, and except as otherwise provided, is liable
(a) in the case of a corporation, to a fine not exceeding $1,000,000; or
(b) in the case of any other person, to a fine not exceeding $100,000, to imprisonment for a term not exceeding one year, or to both.
Subsequent offence
75.(1) If a person is convicted of an offence a subsequent time, the maximum amount of the fine for that subsequent offence may be double the amount set out in section 74.
(2) If an offence under this Act or the regulations is committed on more than one day or is continued for more than one day, the offence is considered to be a separate offence for each day on which the offence is committed or continued.
(3) If an offence under this Act or the regulations involves more than one animal, plant or object, the fine to be imposed in respect of that offence may, notwithstanding section 74, be the total of the fines that would have been imposed if each of the animals, plants or objects had been the subject of a separate information.
(4) If a court that convicts a person of an offence is satisfied that monetary benefits accrued to the person as a result of the commission of the offence, the court may order the person to pay an additional fine in an amount equal to the court’s determination of the amount of the monetary benefits, and the additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act.
Attempts
76.(1) Every person who attempts to do anything that would be an offence under this Act or the regulations is guilty of that offence.
(2) Every person who knowingly induces, aids or abets or attempts to induce, aid or abet another person to commit an offence under this Act or the regulations is guilty of an offence.
Officers of corporations
77.If a corporation commits an offence, any officer, director, agent or employee of the corporation who directed, authorized, assented to, acquiesced in, or participated in the commission of the offence is a party to and guilty of the offence, and is liable on conviction to the punishment provided for the offence in paragraph 74(b), whether or not the corporation has been prosecuted for the offence.
Offences by employees or agents
78.In a prosecution for an offence, the accused may be convicted if it is established that the offence was committed by a person
(a) as an employee or agent of the accused in the course of the employment or agency, or
(b) in the course of operations under a permit issued to the accused,
whether or not the person has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused.
Forfeiture following conviction
79.A court that convicts a person of an offence may, in addition to any other penalty imposed, order that a thing seized in connection with the offence and not otherwise forfeited, returned or disposed of under this Act, or any proceeds of its disposition, be forfeited to the Government of the Northwest Territories.
Retention of thing seized
80.If a fine is imposed on a person convicted of an offence, the court may order that a thing seized, or any proceeds of its disposition, may be retained until the fine is paid in full or is discharged under a fine option program.
Additional order
81.A court that convicts a person of an offence may, in addition to any other penalty imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make one or more of the following orders:
(a) prohibiting the person from doing any act or engaging in any activity that the court considers could result in the continuation or repetition of the offence;
(b) directing the person to take any action that the court considers appropriate to remedy or avoid any harm to the natural and cultural features of any protected area facilities, resources or infrastructure that has resulted or may result from the act or omission that constituted the offence;
(c) directing the person to compensate any person, momentarily or otherwise, in whole or in part, for the cost of any remedial or preventive action that is taken, caused to be taken or to be taken as a result of the act or omission that constituted the offence, including the costs of assessing the appropriate remedial or preventive action; directing the person to post a bond or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any order made under this section; directing the person to carry out, in the manner established by the court, monitoring of the environmental effects of any activity or undertaking on the protected area environment or facilities, resources or infrastructure, or directing the person to pay, in the manner specified by the court, an amount of money for that purpose; directing the person to pay, in the manner set out by the court, an amount of money that the court considers appropriate to enable research to be conducted into the protection, conservation or restoration of protected areas; directing the person to pay, in the manner prescribed by the court, an amount for use by environmental, health or other groups to assist in the work of those groups in the protected area or in the community nearest to where the offence was committed; directing the person to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection; suspending or cancelling any permit issued to the person under the regulations and prohibiting the person from applying for any new permit under the regulations during any period that the court considers appropriate; prohibiting the person from entering any or all protected areas during any period that the court considers appropriate; directing the person to submit to the Minister, on application to the court by the Minister at any time within three years after the date of conviction, any information with respect to the person’s activities within the scope of this Act that the court considers appropriate in the circumstances;
(l) directing the person to perform community service, subject to any reasonable conditions that are imposed in the order;
(m) directing the person to pay to the Government of the Northwest Territories an amount for any or all of the cost of remedial or preventative action taken, or to be taken, by or on behalf of the Government of the Northwest Territories as a result of the commission of the offence;
(n) requiring the person to comply with any other conditions that the court considers appropriate in the circumstances for securing the person’s good conduct and for deterring the person and any other person from committing offences under this Act.
Orders under suspended sentence
82.If a person is convicted of an offence under this Act or the regulations and the court suspends the imposition of sentence, the court may make an order under section 81.
Contravention following conviction and order
83.Where a person is convicted of an offence, is made subject to an order under section 81 and subsequently contravenes that order, that person is guilty of an offence and is liable, with respect to that offence, to an additional penalty not exceeding the maximum penalty to which the person was liable for the original offence.
Notice to shareholders
84.If a corporation that has shareholders has been convicted of an offence under this Act, the court shall make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed.
Application for variation
85.(1) The prosecutor, or a person to whom an order made under section 81 is directed, may apply to the court for variation of it.
(2) Before hearing an application under subsection (1), the court may order the applicant to give notice of the application in accordance with the directions of the court.
(3) The court may, on an application under subsection (1) and if it considers variation appropriate because of a material change in circumstances, make an order
(a) changing the original order or any conditions in it;
(b) relieving the person to whom the order is directed, either absolutely or partially or for any period of time the court considers appropriate, from any aspect of the original order;
(c) reducing the period during which the original order is to remain in effect; or
(d) extending the period during which the original order is to remain in effect.
Costs of seizure and disposition
86.A court that convicts a person of an offence may, in addition to any other penalty imposed, order the person to pay all or part of any costs that are incurred by the Government of the Northwest Territories in respect of the inspection, seizure, storage or disposition of a thing seized in connection with the offence.
Limitation period
87.A prosecution for an offence under this Act or the regulations may not be commenced more than two years after the day the offence first came to the attention of an officer.
Designated laboratories
88.The Minister may designate, in accordance with the regulations, any laboratory that is qualified to analyze and examine substances for the purposes of this Act and the regulations.
Submission of substance or sample
89.(1) An officer may submit to a qualified laboratory for analysis or examination any substance or sample of a substance taken by the officer.
(2) The person in charge of a qualified laboratory that has made an analysis or examination may issue a certificate or report setting out the results of the analysis or examination.
(3) In any proceedings under this Act or the regulations, a certificate or report signed by a person in charge of a qualified laboratory stating
(a) that a thing has been analyzed or examined by the analyst, and
(b) the results of that analysis or examination,
is admissible in evidence in any prosecution for an offence under this Act or the regulations and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate or report without proof of the signature or official character of the person appearing to have signed it.
(4) The person against whom a certificate or report is produced may, with leave of the court, require the attendance of the person in charge of the laboratory for the purpose of cross-examination.
(5) No certificate or report may be admitted in evidence unless the person intending to produce it has given at least 10 days written notice of that intention, together with a copy of the certificate or report, to the person against whom it is intended to be produced.
Burden of proving exception
90.(1) In a prosecution under this Act or the regulations, the burden of proving that an exemption, exclusion, exception, excuse or qualification under this Act or the regulations operates in favour of the accused is on the accused, and the prosecutor is not required to prove the contrary except by way of rebuttal.
(2) If holding a licence, permit or other authorization is a defence to a prosecution of an offence under this Act, the accused has the burden of proving that he or she held the licence, permit or authorization at the material time.
Authority of Minister to suspend or cancel permit, or to prohibit applying for new permit
91.The Minister may, if not ordered by a court under section 81 and in accordance with this Act and the regulations, suspend or cancel a permit of a person convicted of an offence under this Act or the regulations, and may prohibit the person from applying for any new permit under this Act or the regulations during any period that the Minister considers appropriate.
Prohibition order
92.(1) Subject to this section, the Minister may issue a written order prohibiting a person from entering or being within any or all protected areas that the Minister considers appropriate,
(a) if
(i) the person has been convicted of an offence under this Act or the regulations that relates to
(A) a matter of public safety, or
(B) damage to the natural environment of a protected area, and
(ii) the court has not made such an order under section 81; or
(b) if the person has failed to pay a fine issued to him or her under this Act or the regulations within 30 days.
(2) A prohibition order issued under subsection (1) is in effect until the earliest of the following occurs:
(a) the period specified in the prohibition order, if any, expires;
(b) the conviction relied on by the Minister in issuing the prohibition order is overturned on appeal;
(c) the fine relied on by the Minister in issuing the prohibition order is paid in full or is discharged under a fine option program.
Civil remedy not affected
93.No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Act or the regulations and a civil remedy may be commenced regardless of any other punishment that may be imposed on a person convicted of an offence under this Act or the regulations.
Injunctive remedies not affected
94.Notwithstanding a prosecution having been instituted in respect of an offence under this Act or the regulations, the Minister may commence and maintain, on behalf of the Government of the Northwest Territories, an action to enjoin the commission of any contravention of this Act or the regulations.
Cost of restoration or repair
95.(1) When the environment or property in a protected area is altered or destroyed in contravention of this Act or the regulations, the Minister may cause it to be restored or repaired, and the Minister may by action in the name of the Government of the Northwest Territories recover the cost of the restoration or repair from the person who caused the alteration or destruction.
(2) When the environment or property in a protected area is altered or destroyed in contravention of this Act or the regulations in such a manner that it cannot be restored or repaired, the Minister may by action in the name of the Government of the Northwest Territories recover damages for the loss of the natural or cultural features of a protected area or facilities in a protected area from the person who caused the alteration or destruction.
(3) If the Government of Northwest Territories may claim and recover costs and expenses from two or more persons, the costs and expenses may be recovered jointly and severally from those persons.
(4) If 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.
(5) 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.
Alternative Measures
Use of alternative measures
96.(1) Alternative measures may be used to deal with a person alleged to have committed an offence if the following conditions are met:
(a) the measures are part of a program of alternative measures authorized by the Minister of Justice;
(b) the person who is considering whether to use the measures is satisfied that they would be appropriate, having regard to the needs of the person alleged to have committed the offence and the interests of society;
(c) the person, having been informed of the alternative measures, fully and freely consents to participate;
(d) the person has, before consenting to participate in the alternative measures, been advised of the right to be represented by counsel and has been given a reasonable opportunity to consult with counsel;
(e) there is, in the opinion of the Attorney General for the Northwest Territories or his or her agent, sufficient evidence to proceed with the prosecution of the offence;
(f) the prosecution of the offence is not in any way barred at law.
(2) Alternative measures must not be used to deal with a person alleged to have committed an offence if the person
(a) denies participation or involvement in the commission of the offence; or
(b) expresses the wish to have any charge against him or her dealt with by a court.
(3) No admission, confession or statement accepting responsibility for a given act or omission made by a person alleged to have committed an offence as a condition of the person being dealt with by alternative measures is admissible in evidence against that person in any civil or criminal proceedings.
(4) Alternative measures may include the making of an agreement containing any terms and conditions, including terms and conditions
(a) in respect of to matters referred to in section 81;
(b) recommended by an Indigenous government or organization or by the management board for the protected area, if applicable; and
(c) respecting costs associated with ensuring compliance with the agreement.
(5) The use of alternative measures in respect of a person alleged to have committed an offence is not a bar to proceedings against the person under this Act, and does not prevent a person from laying an information, obtaining the issuance or confirmation of a process, or proceeding with the prosecution of an offence in accordance with the law.
(6) Notwithstanding subsection (5), if a charge is laid against a person in respect of an offence that is dealt with through alternative measures, the court shall dismiss the charge
(a) if satisfied, on a balance of probabilities, that the person has completely complied with the terms and conditions of the alternative measures; or
(b) if satisfied, on a balance of probabilities, that the person has partially complied with the terms and conditions of the alternative measures, and if satisfied that prosecution of the charge would be unfair having regard to the circumstances and the person’s performance with respect to the alternative measures.
PART 6
GENERAL
Report to Legislative Assembly
Report at least every five years
97.The Minister shall table a report to the Legislative Assembly at least every five years with respect to
(a) the status of candidate protected areas and the state of protected areas established under the Act; and
(b) the overall state of the protected areas network in the Northwest Territories.
Regulations and Orders
Regulations
98.(1) The Commissioner in Executive Council may make regulations
(a) setting out legally binding agreements for the purposes of the definition "land, resources and self-government agreement" in subsection 1(1);
(a.1) setting out any information required to be included in the protected areas registry under subsection 9(2);
(a.2) respecting the eligibility of land to be considered for establishment as a candidate protected area under paragraph 10(2)(b);
(b) setting out the form of a notice of appeal under subsection 56(1);
(c) respecting the designation of laboratories by the Minister under section 88; and
(d) respecting any other matter that the Commissioner in Executive Council considers necessary for carrying out the purpose and provisions of this Act.
(2) The Minister may make orders designating classes of person as officers for the purposes of section 40.
CONSEQUENTIAL AMENDMENTS
Territorial Parks Act
Territorial Parks Act
99.(1) The Territorial Parks Act is amended by this section.
(2) Section 1 is amended
(a) by repealing the definitions "Natural Environment Park" and "Wilderness Conservation Area"; and
(b) in the English version, by striking out the semi-colon at the end of the definition "Wayside Park" and substituting a period.
(3) Subsection 3(1) is amended by
(a) repealing paragraphs (c) and (f); and
(b) striking out the semi-colon at the end of paragraph (e) and substituting a period.
(4) Subsections 3(5) and (8) are repealed.
(5) Subsection 5(1) is repealed and the following is substituted:
Establishment of parks on recommenda- tion
5.(1) The Minister may, on the recommendation of the Legislative Assembly, by regulation, establish a Cultural Conservation Area, a Heritage Park or a Recreation Park.
(6) Subsection 5(4) is repealed.
(7) Subsection 5(5) is amended by striking out "or re-designated".
(8) That portion of subsection 9.1(1) preceding paragraph (a) is amended by striking out "Natural Environment Park or".
(9) Section 14.1 is amended by striking out "Natural Environment Park or".
TRANSITIONAL
Territorial parks continued
100.On the coming into force of section 99, any territorial park established or continued as a Natural Environment Park under the Territorial Parks Act is continued as a Recreation Park under that Act.
Dinàgà Wek’èhodì
100.1.On the coming into force of section 11, the area set out in Land Withdrawal Order (Dinàgà Wek’èhodì (North Arm of Great Slave Lake)), registered as regulation numbered R-054-2014 under the Northwest Territories Lands Act, is deemed to be approved as a candidate protected area under section 11 of this Act.
Thaidene Nëné
100.2.On the coming into force of section 11, the area set out in Land Withdrawal Order (Thaidene Nëné (East Arm of Great Slave Lake) Proposed Territorial Protected Areas), registered as regulation numbered R-021-2019 under the Northwest Territories Lands Act, is deemed to be approved as a candidate protected area under section 11 of this Act.
Ts’ude niline Tu’eyeta
100.3.On the coming into force of section 11, the area set out in Zone 65 (Ts’ude niline Tu’eyeta (Ramparts River and Wetlands)) of the Sahtu Land Use Plan as it reads at the time section 11 comes into force, is deemed to be approved as a candidate protected area under section 11 of the Act.
COMMENCEMENT
Coming into force
101.This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Commissioner.