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

Marginal note:Considerations

115.1 In exercising its powers, the Review Board shall consider any traditional knowledge and scientific information that is made available to it.

Marginal note:Impact Assessment Act

116 The Impact Assessment Act does not apply in the Mackenzie Valley in respect of proposals for developments other than

• (a) proposals referred to the Minister of the Environment pursuant to paragraph 130(1)(c), to the extent provided by that Act; or

• (b) proposals that are the subject of agreements referred to in paragraph 141(2)(a) or (3)(b), to the extent provided by such agreements.

Marginal note:Scope of developments

• 117 (1) Every environmental assessment of a proposal for a development shall include a determination by the Review Board of the scope of the development, subject to any guidelines made under section 120.

• Marginal note:Factors to be considered

  (2) Every environmental assessment and environmental impact review of a proposal for a development shall include a consideration of

  • (a) the impact of the development on the environment, including the impact of malfunctions or accidents that may occur in connection with the development and any cumulative impact that is likely to result from the development in combination with other developments;

  • (b) the significance of any such impact;

  • (c) any comments submitted by members of the public in accordance with the regulations or the rules of practice and procedure of the Review Board;

  • (d) where the development is likely to have a significant adverse impact on the environment, the need for mitigative or remedial measures; and

  • (e) any other matter, such as the need for the development and any available alternatives to it, that the Review Board or any responsible minister, after consulting the Review Board, determines to be relevant.

• Marginal note:Additional factors

  (3) An environmental impact review of a proposal for a development shall also include a consideration of

  • (a) the purpose of the development;

  • (b) alternative means, if any, of carrying out the development that are technically and economically feasible, and the impact on the environment of such alternative means;

  • (c) the need for any follow-up program and the requirements of such a program; and

  • (d) the capacity of any renewable resources that are likely to be significantly affected by the development to meet existing and future needs.

• Marginal note:Joint panels

  (4) Subsections (2) and (3) apply in respect of an examination of a proposal for a development by a review panel, or a joint panel, established jointly by the Review Board and any other person or body.

Marginal note:Issuance of licence, permit or other authorization

• 118 (1) A licence, permit or other authorization required for the carrying out of a development shall not be issued under any federal, territorial, Tlicho or Déline law unless the requirements of this Part have been complied with in relation to the development.

• Marginal note:Requirements

  (2) If the Gwich’in or Sahtu First Nation, the Tlicho Government, the Déline Got’ine Government, a local government or a department or agency of the federal or territorial government proposes to carry out a development that does not require a licence, permit or other authorization under any federal, territorial, Tlicho or Déline law, it shall comply with the requirements of this Part before taking any irrevocable action in relation to the development.

Marginal note:Emergencies excluded

119 No preliminary screening, environmental assessment or environmental impact review is required to be conducted in relation to a proposal for a development

• (a) that is carried out in response to a national emergency for which special temporary measures are being taken under the Emergencies Act; or

• (b) that is carried out in response to an emergency in circumstances such that it is in the interest of protecting property or the environment or in the interest of public welfare, health or safety to carry out the proposal forthwith.

Marginal note:Guidelines

120 Following consultation with first nations, the Tlicho Government and the federal and territorial Ministers and subject to any regulations made under paragraph 143(1)(a), the Review Board may establish guidelines respecting the process established by this Part, including guidelines

• (a) for the determination of the scope of developments by the Review Board;

• (b) for the form and content of reports made under this Part; and

• (c) for the submission and distribution of environmental impact statements and for public notification of such submission pursuant to paragraphs 134(1)(b) and (c).

Marginal note:Written reasons

121 The Review Board, a review panel of the Review Board, a review panel or a joint panel established jointly by the Review Board and any other person or body, the federal Minister, a responsible minister, a designated regulatory agency, a regulatory authority, a department or agency of the federal or territorial government, a local government, the Gwich’in or Sahtu First Nation, the Tlicho Government or the Déline Got’ine Government shall issue and make available to the public written reasons for any decision or recommendation made under the process established by this Part.

Marginal note:Delegation by federal Minister

122 The federal Minister may, in relation to a proposed development, delegate to any responsible minister the federal Minister’s duty to distribute reports made under this Part, to participate in decisions made following the consideration of such reports and to distribute decisions so made.

Marginal note:Exercise of powers under other Acts

123 For greater certainty, the Review Board may exercise any function conferred on it by or under any Act of Parliament or delegated to it under any Act of Parliament.

Marginal note:Consultation

123.1 In conducting a review or examination of the impact on the environment of a development, a review panel of the Review Board or a review panel, or a joint panel, established jointly by the Review Board and any other person or body,

• (a) shall carry out any consultations that are required by any of the land claim agreements; and

• (b) may carry out other consultations with any persons who use an area where the development might have an impact on the environment.

Marginal note:Conflict of interest

• 123.2 (1) A person shall not be appointed, or continue, as a member of a review panel of the Review Board or of a review panel, or a joint panel, established jointly by the Review Board and any other person or body, if doing so would place the member in a material conflict of interest.

• Marginal note:Status or entitlements under agreement

  (2) A person is not placed in a material conflict of interest merely because of any status or entitlement conferred on the person under the Gwich’in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and Her Majesty in right of Canada for the settlement of a claim to lands or under the Déline Agreement.

Marginal note:Nominations

123.3 In appointing a review panel of the Review Board or a review panel, or a joint panel, established jointly by the Review Board and any other person or body, the Review Board and those other persons or bodies shall comply with the requirements of land claim agreements respecting nominations for appointment.

Preliminary Screening

Marginal note:Application to regulator

• 124 (1) Where, pursuant to any federal or territorial law specified in the regulations made under paragraph 143(1)(b), an application is made to a regulatory authority or designated regulatory agency for a licence, permit or other authorization required for the carrying out of a development, the authority or agency shall notify the Review Board in writing of the application and conduct a preliminary screening of the proposal for the development, unless the development is exempted from preliminary screening because

  • (a) its impact on the environment is declared to be insignificant by regulations made under paragraph 143(1)(c); or

  • (b) an examination of the proposal is declared to be inappropriate for reasons of national security by those regulations.

• Marginal note:Proposal not requiring application

  (2) Where a development that does not require a licence, permit or other authorization under any federal or territorial law is proposed to be carried out by a department or agency of the federal or territorial government or by the Gwich’in or Sahtu First Nation or the Tlicho Government, the body proposing to carry out that development shall, after notifying the Review Board in writing of the proposal for the development, conduct a preliminary screening of the proposal, unless

  • (a) in its opinion, the impact of the development on the environment will be manifestly insignificant; or

  • (b) the development is exempted from preliminary screening for a reason referred to in paragraph (1)(a) or (b).

• Marginal note:Preliminary screening by Gwich’in, Sahtu or Tlicho

  (3) The Gwich’in First Nation, the Sahtu First Nation or the Tlicho Government, as the case may be, may conduct a preliminary screening of a proposal for a development to determine whether to refer the proposal for an environmental assessment in accordance with paragraph 126(2)(b) or (c).

• Marginal note:Cooperation

  (4) Where more than one body conducts a preliminary screening in respect of a development, any of them may consult the others, adopt another’s report or participate in a joint preliminary screening and, where one of them is a board established under Part 3 or 4, the others are not required to conduct a preliminary screening.

Marginal note:Outside local government territory

• 125 (1) Except as provided by subsection (2), a body that conducts a preliminary screening of a proposal shall

  • (a) determine and report to the Review Board whether, in its opinion, the development might have a significant adverse impact on the environment or might be a cause of public concern; and

  • (b) where it so determines in the affirmative, refer the proposal to the Review Board for an environmental assessment.

• Marginal note:Delay

  (1.1) If the body determines under subsection (1) that the development will not have a significant adverse impact on the environment and will not be a cause of public concern,

  • (a) a regulatory authority, a designated regulatory agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination; or

  • (b) if no licence, permit or other authorization is required under any federal, territorial or Tlicho law for the development, the person or body that proposes to carry it out shall not proceed before the end of 10 days after the day on which the Review Board receives the report of the determination.

• Marginal note:Boards established under Part 3 or 4

  (1.2) If a board established under Part 3 or 4 is the body that determines under subsection (1) that the development will not have a significant adverse impact on the environment and will not be a cause of public concern, that board may issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination but that licence, permit or other authorization shall come into force only after the end of that 10-day period and if no referral under subsection 126(2) or (3) has been made during that period.

• Marginal note:Computation of time

  (1.3) If more than one body conducts a preliminary screening in respect of a development and they each determine that the development will not have a significant adverse impact on the environment and will not be a cause of public concern, the 10-day period referred to in subsections (1.1) and (1.2) begins after the day on which the Review Board receives the last of their reports of determination.

• Marginal note:Within local government territory

  (2) Where a proposed development is wholly within the boundaries of a local government, a body that conducts a preliminary screening of the proposal shall

  • (a) determine and report to the Review Board whether, in its opinion, the development is likely to have a significant adverse impact on air, water or renewable resources or might be a cause of public concern; and

  • (b) where it so determines in the affirmative, refer the proposal to the Review Board for an environmental assessment.

• Marginal note:Delay

  (3) If a body determines under subsection (2) that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern,

  • (a) a regulatory authority, a designated regulatory agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination; or

  • (b) if no licence, permit or other authorization is required under any federal, territorial or Tlicho law for the development, the person or body that proposes to carry it out shall not proceed before the end of 10 days after the day on which the Review Board receives the report of the determination.

• Marginal note:Boards established under Part 3 or 4

  (4) If a board established under Part 3 or 4 is the body that determines under subsection (2) that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern, that board may issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination but that licence, permit or other authorization shall come into force only after the end of that 10-day period and if no referral under subsection 126(2) or (3) has been made during that period.

• Marginal note:Computation of time

  (5) If more than one body conducts a preliminary screening in respect of a development and they each determine that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern, the 10-day period referred to in subsections (3) and (4) begins after the day on which the Review Board receives the last of their reports of determination.

• Marginal note:Copy of report

  (6) A body that conducts a preliminary screening of a proposal shall provide a copy of its report to the person or body that proposes to carry out the development.