Mackenzie Valley Resource Management Act (S.C. 1998, c. 25)

Marginal note:Conservation

137.2 In making a decision under subsection 135(1), 137(1) or 137.1(1), the federal Minister and the responsible ministers, a designated regulatory agency or the Tlicho Government, as the case may be, shall consider the importance of the conservation of the lands, waters and wildlife of the Mackenzie Valley on which the development might have an impact.

Marginal note:Consultation

137.3 Before making a decision under subsection 135(1), 137(1) or 137.1(1) in respect of a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley, the person or body making the decision shall take into consideration any report in respect of the proposal that is submitted by a review panel established under the Canadian Environmental Assessment Act and shall consult every responsible authority to whom the report is submitted under that Act.

Marginal note:Report by review panel — national interest referral

• 138. (1) A review panel established under subsection 40(2.1) of the Canadian Environmental Assessment Act in respect of a proposal for a development that was referred pursuant to paragraph 130(1)(c) of this Act shall, in addition to satisfying the requirements of paragraph 41(f) of that Act, submit the report of its recommendations to

  • (a) the federal Minister, who shall distribute it to every responsible minister;

  • (b) any designated regulatory agency from which a licence, permit or other authorization is required for the carrying out of the development; and

  • (c) the Tlicho Government, if the development is to be carried out wholly or partly on Tlicho lands.

• Marginal note:Provisions applicable

  (2) An examination by a review panel referred to in subsection (1) stands in lieu of an environmental impact review and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.

Marginal note:Agreement — national interest referral

• 138.1 (1) If a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley and either is to be carried out partly in Wekeezhii or might have an impact on the environment in Wekeezhii is referred to the Minister of the Environment under paragraph 130(1)(c), then the Review Board shall enter into an agreement with the Minister of the Environment for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the impact on the environment of the development in accordance with subsection 40(2.1) of the Canadian Environmental Assessment Act.

• Marginal note:Mediation

  (2) If the Review Board and the Minister of the Environment have not entered into an agreement under subsection (1) within the period fixed by any regulations, they shall participate in mediation in accordance with those regulations for the purpose of reaching an agreement under subsection (1).

• Marginal note:Arbitration

  (3) If the Review Board and the Minister of the Environment have not entered into an agreement under subsection (1) by the end of any mediation required under subsection (2), they may, within the period fixed by any regulations, by mutual agreement refer any unresolved matter to arbitration in accordance with those regulations.

• Marginal note:Where no agreement

  (4) Despite subsections (1) to (3), if, within the period fixed by the regulations, an agreement has not been entered into under this section, a panel of the Review Board shall conduct an environmental impact review of the development, but the review shall be limited to the part of the development to be carried out in the Mackenzie Valley.