Marginal note:Conflict between policy directions

• 109.2 (1) If there is a conflict between policy directions given by the federal Minister under section 109 and policy directions given by the Tlicho Government under section 109.1, the policy directions under section 109.1 prevail to the extent of the conflict.

• Marginal note:Conflict between legislation and policy directions

  (2) If there is a conflict between policy directions given by the federal Minister under section 109 or by the Tlicho Government under section 109.1 and the provisions of any Act of Parliament, any regulations made under an Act of Parliament or any territorial law, those provisions prevail to the extent of the conflict.

Marginal note:Inspectors

110. An inspector designated under subsection 84(1) may exercise and shall perform, in relation to land to which a permit applies, the powers and duties of an inspector under Part 3.

Marginal note:Definitions

• 111. (1) The following definitions apply in this Part.

  “designated regulatory agency”

  « organisme administratif désigné »

  “designated regulatory agency” means an agency named in the schedule, referred to in a land claim agreement as an independent regulatory agency.

  “development”

  « projet de développement »

  “development” means any undertaking, or any part or extension of an undertaking, that is carried out on land or water and includes an acquisition of lands pursuant to the Historic Sites and Monuments Act and measures carried out by a department or agency of government leading to the establishment of a park subject to the Canada National Parks Act or the establishment of a park under a territorial law.

  “environmental assessment”

  « évaluation environnementale »

  “environmental assessment” means an examination of a proposal for a development undertaken by the Review Board pursuant to section 126.

  “environmental impact review”

  « étude d’impact »

  “environmental impact review” means an examination of a proposal for a development undertaken by a review panel established under section 132.

  “follow-up program”

  « programme de suivi »

  “follow-up program” means a program for evaluating

  • (a) the soundness of an environmental assessment or environmental impact review of a proposal for a development; and

  • (b) the effectiveness of the mitigative or remedial measures imposed as conditions of approval of the proposal.

  “impact on the environment”

  « répercussions environnementales » ou « répercussions sur l’environnement »

  “impact on the environment” means any effect on land, water, air or any other component of the environment, as well as on wildlife harvesting, and includes any effect on the social and cultural environment or on heritage resources.

  “mitigative or remedial measure”

  « mesures correctives ou d’atténuation »

  “mitigative or remedial measure” means a measure for the control, reduction or elimination of an adverse impact of a development on the environment, including a restorative measure.

  “preliminary screening”

  « examen préalable »

  “preliminary screening” means an examination of a proposal for a development undertaken pursuant to section 124.

  “regulatory authority”

  « autorité administrative »

  “regulatory authority”, in relation to a development, means a body or person responsible for issuing a licence, permit or other authorization required for the development under any federal or territorial law, but does not include a designated regulatory agency or a local government.

  “responsible minister”

  « ministre compétent »

  “responsible minister”, in relation to a proposal for a development, means any minister of the Crown in right of Canada or of the territorial government having jurisdiction in relation to the development under federal or territorial law.

  “Review Board”

  « Office »

  “Review Board” means the Mackenzie Valley Environmental Impact Review Board established by subsection 112(1).

• Marginal note:Application

  (2) This Part applies in respect of developments to be carried out wholly or partly within the Mackenzie Valley and, except for section 142, does not apply in respect of developments wholly outside the Mackenzie Valley.