FEDERAL REG

SOR/2016-130: Regulations Amending the Northwest Territories Waters 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 The Northwest Territories Devolution Act came into force on April 1, 2014, and implemented the Northwest Territories Lands and Resources Devolution Agreement (the Agreement), as well as made a number of improvements to the natural resource regulatory regimes in the Northwest Territories. The Northwest Ter... (Click for more)


Published on June 13, 2016

Bill Summary

SOR/2016-130: Regulations Amending the Northwest Territories Waters Regulations

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The Northwest Territories Devolution Act came into force on April 1, 2014, and implemented the Northwest Territories Lands and Resources Devolution Agreement (the Agreement), as well as made a number of improvements to the natural resource regulatory regimes in the Northwest Territories. The Northwest Territories Devolution Act transferred administration and control of most territorial lands and resources to the Commissioner of the Northwest Territories. It also devolved a range of province-like responsibilities and powers from the federal to the territorial government, with the objective of providing Northerners with greater control over their lands and resources. As a result, less than 10% of lands in the Northwest Territories are contained in “federal areas.” These include lands under the administration and control of a minister of the Government of Canada and waste sites as defined in the Agreement which are the responsibility of the Government of Canada. The implementation of the Agreement required multiple legislative and regulatory changes to ensure that the legislation and regulations governing lands and resources in the Northwest Territories fully reflected the new federal and territorial jurisdictions and responsibilities. Operationally, this required the simultaneous repeal or amendment of federal legislation and regulations and enactment of corresponding territorial legislation and regulations. Among the regulations and legislation impacted by the implementation of the Agreement were the Northwest Territories Waters Regulations (the Regulations) and their enabling statute, the Northwest Territories Waters Act. The Northwest Territories Devolution Act repealed the Northwest Territories Waters Act. At the same time, however, it provided that the Regulations (which were made under the repealed Act) remain in force as regulations deemed to have been made under the Mackenzie Valley Resource Management Act. The Regulations now require amendments in order to make them consistent with the Mackenzie Valley Resource Management Act. In particular The Regulations remain written for their original enabling legislation, they continue to have multiple provisions referencing legislative authorities that were repealed on April 1, 2014, and do not reference the appropriate enabling statute. Schedule I of the Regulations, which defines the pre-Northwest Territories Devolution Act geographical scope of federal water management areas, needs to be updated to reflect the newly reduced federal geographic areas within which the Government of Canada maintains jurisdiction over the regulation of the use of water and deposit of waste, as per the Mackenzie Valley Resource Management Act. Background Prior to the coming into force of the Northwest Territories Devolution Act, the use of water and the deposit of waste into waters in the Northwest Territories was regulated by the Northwest Territories Waters Act for the areas outside the Mackenzie Valley and a combination of the Mackenzie Valley Resource Management Act and the Northwest Territories Waters Act in the Mackenzie Valley. As a result of devolution, the authorities to regulate waters on Commissioner’s, First Nation and private lands were transferred to the Government of the Northwest Territories. Consequently, the Northwest Territories Devolution Act repealed the Northwest Territories Waters Act and incorporated the majority of its provisions into the amended Mackenzie Valley Resource Management Act, for application on federal lands and federally managed waste sites, while the Government of the Northwest Territories enacted the substantially mirrored territorial Waters Act. This allowed the Minister of Indian Affairs and Northern Development to retain the authority for the management of waters in federal areas and federally managed waste sites in the Northwest Territories. Objectives Editorial and consequential changes to the Regulations are necessary to ensure consistency with amended legislation. The amendments ensure the new, reduced federal jurisdiction over water management in the Northwest Territories, as intended by the Northwest Territories Lands and Resources Devolution Agreement, is captured in the Regulations. The amendments also ensure that the provisions in the Regulations accurately reference their corresponding enabling provisions in the amended Mackenzie Valley Resource Management Act, as well as correcting references to the Canada Shipping Act, 2001. Description The Regulations are renamed Mackenzie Valley Federal Areas Waters Regulations to reflect the geographical application of the Regulations as a result of the Northwest Territories Devolution Act. Schedule 1 of the Regulations is amended to remove outdated references to water management areas in Nunavut. References to the Regulations’ previous enabling legislation, the Northwest Territories Waters Act, are updated to reference their new enabling legislation, the Mackenzie Valley Resource Management Act. References to the Canada Shipping Act in subsection 5(3) are replaced with updated references to provisions in the Canada Shipping Act, 2001. The reference to an application made under section 31 of the Northwest Territories Waters Act in sections 7 and 13 of the Regulations is removed. Section 31 of the Northwest Territories Waters Act pertained to the authority of the federal minister to expropriate lands in the Northwest Territories prior to devolution. This authority was not transferred into the Mackenzie Valley Resource Management Act as the federal minister only retained responsibilities for federal lands and federally managed waste sites post devolution. As this authority was not retained by the federal minister, provisions related to it in the Regulations are repealed. “One-for-One” Rule The “One-for-One” Rule does not apply. The amendments are editorial in nature; there is no change in administrative costs to business. Small business lens The small business lens does not apply, as there are no costs on small businesses. Consultation The proposed amendments to the Regulations were discussed in principle with all interested parties, including the Government of the Northwest Territories and indigenous organizations and governments, through consultations on the Northwest Territories Lands and Resources Devolution Agreement and the Northwest Territories Devolution Act. The final element of the devolution consultation process included consultation on the legislative initiatives from which this regulatory initiative flows. On December 9, 2015, a draft of the 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/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 (Manitoba and Athabasca 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. Only one comment was provided to Indigenous and Northern Affairs Canada. This comment, which pertained to the regulatory drafting technique used for one proposed provision, was received from the land and water boards of the Mackenzie Valley. An explanation was given as to why the provision was drafted in such a manner. Rationale After the devolution of land and resources management responsibilities from the Government of Canada to the Government of the Northwest Territories, the Regulations were impacted as their previous enabling legislation was repealed and replaced by the Mackenzie Valley Resource Management Act. Although the Regulations were deemed to remain in force by the Northwest Territories Devolution Act, they continue to have multiple provisions referencing legislative authorities that were repealed on April 1, 2014. These amendments are required to ensure the smooth functioning of the federal water management regime in the Mackenzie Valley of the Northwest Territories. The amendments correct the outdated legislative references within the Regulations. The amendments also update the new geographical application of the Regulations as intended by the Northwest Territories Lands and Resources Devolution Agreement. The amendments would ensure the accuracy of laws and regulations with respect to federal water management responsibilities. Implementation, enforcement and service standards There are no additional regulatory requirements introduced along with these amendments. Existing resources are sufficient for the implementation and enforcement of the amended 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 Telephone : 613-290-3845 Fax: 819-934-0584 Email: [email protected] Footnote a S.C. 2014, c. 2, s. 182 Footnote b S.C. 1998, c. 25 Footnote c S.C. 2014, c. 2, s. 182 Footnote d S.C. 1998, c. 25 Footnote 1 SOR/93-303

This Bill does not amend any statutes.

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