FEDERAL REG

SOR/2016-128: Regulations Amending the Mackenzie Valley Land Use Regulations

REGISTRATION OF FEDERAL REGULATION - VIA OIC DATABASE, PRIOR TO PART II OF THE GAZETTE

Registered
June 13, 2016


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Indigenous and Northern Affairs Canada has the ongoing responsibility to maintain the clarity and effectiveness of regulations made pursuant to the Mackenzie Valley Resource Management Act, which was last amended on April 1, 2014. An internal review of the Mackenzie Valley Land Use Regulations (the Regula... (Click for more)


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Published on June 13, 2016

Bill Summary

SOR/2016-128: Regulations Amending the Mackenzie Valley Land Use Regulations

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Indigenous and Northern Affairs Canada has the ongoing responsibility to maintain the clarity and effectiveness of regulations made pursuant to the Mackenzie Valley Resource Management Act, which was last amended on April 1, 2014. An internal review of the Mackenzie Valley Land Use Regulations (the Regulations) as well as recommendations made by the Standing Joint Committee for the Scrutiny of Regulations and the land and water boards of the Mackenzie Valley has led to the identification of a number of technical issues with the Regulations. In particular, there are inconsistencies between the Regulations and the provisions of the amended enabling legislation, the Mackenzie Valley Resource Management Act (the Act); the Standing Joint Committee for the Scrutiny of Regulations and the land and water boards of the Mackenzie Valley have identified imprecisions and ambiguities in the Regulations, inconsistencies between the French and English versions of the Regulations, and inconsistencies with the Act; inconsistencies will arise between the Regulations and the Act when the provisions of the Déline Final Self-Government Agreement Act, which received royal assent on June 18, 2015, come into force; and the Regulations allow for a form of posted security that is no longer accepted by Indigenous and Northern Affairs Canada and contain ambiguities and inconsistencies between the Regulations and Schedule 1 regarding which fees are exempt and who is exempted from paying them. Background The Regulations set out certain operational details for the use of land in the Mackenzie Valley, including details respecting applications for the use of land and the issuance of land use permits (including the fees to be paid and the security to be posted by a permittee). The Regulations set the level of land use for which a permit is required and establish three types of permits: Type A, Type B and Type C. The Type C permit is only applicable where it is required by a Tlicho law for a use of Tlicho lands where a Type A or Type B permit is not required (similarly, it will also be applicable where it is required by a Déline law for a use of Déline Lands when the relevant provisions of the Déline Final Self-Government Agreement Act come into force). Objectives The objectives of the amendments to the Regulations are to provide consistency with the provisions of the Act; address discrepancies between the French and English versions of the Regulations, clarify imprecisions and ambiguities and address inconsistencies with the Act, which were raised by both the Standing Joint Committee for the Scrutiny of Regulations and the land and water boards of the Mackenzie Valley; reflect current departmental policies on fees and security which were identified through an internal review of the Regulations; reflect provisions of the Déline Final Self-Government Agreement Act which received royal assent on June 18, 2015; and update the “Information in Support of an Application for a Land-Use Permit” form contained in Schedule 2 of the Regulations to make it fully bilingual and more user-friendly and accurate. Description The amendments address the aforementioned issues in the Regulations. Specific references to “Déline lands” and “Déline law” have been added in a number of provisions to reflect amendments made to the Act as a result of the Déline Final Self-Government Agreement Act receiving royal assent on June 18, 2015. These amendments to the Regulations would come into force on the day that the relevant provisions of the Déline Final Self-Government Agreement Act come into force. One amendment removes an illegal sub-delegation of power in the English version of subsection 36(1) of the Regulations which allows a board to make a determination of the severity of a contravention. A board cannot make this determination. This amendment was recommended by the Standing Joint Committee for the Scrutiny of Regulations. This was an omission from amendments made to the Regulations in 2013 where the French version was amended but not the English version. Subparagraph 23(b)(iii) is also amended to correct an omission from the amendments made to the Regulations in 2013. At that time, paragraph 23(b) was amended to extend the period for a board to action an application from 15 days to 30 days. Subparagraph 23(b)(iii) should also have been amended at that time to make a corresponding change from 15 days to 30 days. The original 2013 amendment was recommended by the Standing Joint Committee for the Scrutiny of Regulations. The word “office” in the French version will change to “Office” for consistency with the English use of “Board.” Indigenous and Northern Affairs Canada conducted an internal review of the Regulations with the goal of ensuring consistency with the provisions of the amended Act. The amendments include changing the words “historical sites” to “historic sites,” “burial grounds” to “burial sites,” and “enquête” to “audience.” An amendment to section 20 of the Regulations clarifies which fees do not apply to a use of land by Her Majesty in right of Canada and by the Government of the Northwest Territories, while paragraph 30(c) is amended to require a proponent to specify the technology used for obtaining geographic coordinates in a final plan. An amendment to paragraph 32(4)(c) removes “performance bonds” from the list of options of posted security. This form of posted security has not been used for several years and it is not expected to be used for future projects. The “Information in Support of an Application for a Land-Use Permit” form contained in Schedule 2 of the Regulations is amended to make it fully bilingual, more user-friendly and to update the information requested such as changing “radiotelephone number” to an “email address.” These amendments are made at the request of the land and water boards of the Mackenzie Valley, which work on a daily basis with this form. “One-for-One” Rule The “One-for-One” Rule does not apply. There are no administrative costs or savings to business achieved with these amendments. Small business lens The small business lens does not apply. There are no costs to small business associated with these amendments. Consultation On December 9, 2015, a consultation document on proposed amendments to the Regulations was distributed to groups and individuals with interests in the Mackenzie Valley. While the distribution was targeted to indigenous groups in the Mackenzie Valley, the Mackenzie Valley Environmental Impact Review Board, the land and water boards in the Mackenzie Valley, the Government of the Northwest Territories and the Tlicho Government, the document was also sent to industry groups (Northwest Territories and Nunavut Chamber of Mines, Canadian Association of Petroleum Producers, Mining Association of Canada, Canadian Energy Pipeline Association and Prospectors and Developers Association of Canada) and other indigenous groups with transboundary interests in the Mackenzie Valley (Athabasca and Manitoba Denesuline, Dene Tha’ First Nation, Liard First Nation and Na-Cho Nyak Dun First Nation). The contacted groups and individuals were given until March 1, 2016, to provide their comments. Comments were received from the Tlicho Government and the land and water boards of the Mackenzie Valley. The comments received were generally supportive of the proposed amendments. While the Tlicho Government was supportive of the other amendments, they objected on both substantive and procedural grounds to amendments pertaining to provisions of the Mackenzie Valley Resource Management Act, which are not in force, that are related to the restructuring of the regional land and water boards. This issue is the subject of ongoing legal action and an injunction. The objectionable amendments have been removed from the amendments that are being made to the Regulations. The land and water boards of the Mackenzie Valley recommended a number of additional amendments to the ones being proposed to the Regulations. These included making it clear that the territorial government is also exempted from paying fees for the use of land; increasing the time period for the issuance of Type B land-use permits to that of a Type A permit; and “housekeeping” administrative amendments to the “Information in Support of an Application for a Land-Use Permit” form contained in Schedule 2. All recommended amendments were added to the regulatory amendments except for increasing the time period for the issuance of Type B land-use permits to that of a Type A permit. The land and water boards were reminded that the time periods for Type B permits were recently increased from 15 days to 30 days. It was also pointed out that there is a difference in the complexity between an application for a Type A permit and an application for a Type B permit and that difference should be reflected in the Regulations by a shorter issuance period. In addition, section 23 of the Regulations already allows a board to extend the time periods for a more complex Type B permit application to that of a Type A permit application. Rationale The amendments will help to maintain the clarity and effectiveness of the Regulations by addressing the issues that were identified through an internal review conducted by Indigenous and Northern Affairs Canada as well as recommendations received from the Standing Joint Committee for the Scrutiny of Regulations and the land and water boards of the Mackenzie Valley. The exemption from paying the fees in relation to land use is extended to the Government of the Northwest Territories. It removes the administrative burden of one government transferring funds to another government through a third-party, a land and water board of the Mackenzie Valley. The financial impact of this exemption represents a very minor loss of revenue (an average of $300 over the last 2 years). There are no additional costs related to these Regulations. The use of regulations for this purpose is the best solution to resolve the outlined issues and it fulfils the intent of the enabling legislation and ensures consistency with agreements with indigenous groups. Implementation, enforcement and service standards There are no changes in the implementation of the Regulations as a result of these amendments. Compliance and enforcement measures will continue to be applied as they are currently. The majority of the amendments will come into force on the day on which they are registered. The amendments to subsections 1(1), 1(2) and 5(2) and sections 2 and 6 of the Regulations, which pertain to the provisions of the Déline Final Self-Government Agreement Act, will only come into force when that Act comes into force. At the time of registration, all organizations contacted during the consultation process will be informed of the coming into force of the amendments to the Mackenzie Valley Land Use Regulations. Contact Gilles Binda Senior Advisor Resource Policy and Programs Natural Resources and Environment Branch Northern Affairs Organization Indigenous and Northern Affairs Canada 15 Eddy Street, Room 10F7 Gatineau, Quebec K1A 0H4 Blackberry: 613-290-3845 Fax: 819-934-0584 Email: [email protected] Footnote a S.C. 2005, c. 1, s. 50 Footnote b S.C. 1998, c. 25 Footnote c S.C. 2005, c. 1, s. 50 Footnote d S.C. 1998, c. 25 Footnote 1 SOR/98-429

This Bill does not amend any statutes.

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