Mackenzie Valley Resource Management Act

Marginal note:Decision by ministers

• 130 (1) After considering the report of an environmental assessment, the federal Minister and the responsible ministers to whom the report was distributed may agree

  • (a) to order an environmental impact review of a proposal, notwithstanding a determination under paragraph 128(1)(a);

  • (b) where a recommendation is made under subparagraph 128(1)(b)(ii) or paragraph 128(1)(d),

    • (i) to adopt the recommendation or refer it back to the Review Board for further consideration, or

    • (ii) after consulting the Review Board, to adopt the recommendation with modifications or reject it and order an environmental impact review of the proposal; or

  • (c) irrespective of the determination in the report, to refer the proposal to the Minister of the Environment, following consultation with that Minister, for the purpose of a joint review under the Impact Assessment Act, if the federal Minister and the responsible ministers determine that it is in the national interest to do so.

• Marginal note:Consultation

  (1.1) Before making an order under paragraph (1)(a) or a referral under paragraph (1)(c), the federal Minister and the responsible ministers shall consult

  • (a) the Gwich’in First Nation, if the development is to be carried out wholly or partly on its first nation lands, as defined in section 51;

  • (b) the Sahtu First Nation, if the development is to be carried out wholly or partly on its first nation lands, as defined in section 51; and

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

• Marginal note:Areas identified

  (2) Where an environmental impact review of a proposal is ordered under subsection (1), the federal Minister and responsible ministers shall identify any area within or outside the Mackenzie Valley in which the development is likely, in their opinion, to have a significant adverse impact or to be a cause of significant public concern and specify the extent to which that area is affected.

• Marginal note:Additional information

  (3) If the federal Minister and responsible ministers consider any new information that was not before the Review Board, or any matter of public concern not referred to in the Review Board’s reasons, the new information or matter shall be identified in the decision made under this section and in any consultation under paragraph (1)(b).

• Marginal note:Distribution of decision

  (4) The federal Minister shall distribute a decision made under this section to the Review Board and to every first nation, local government, regulatory authority and department and agency of the federal or territorial government affected by the decision.

• Marginal note:Time limits

  (4.01) The federal Minister shall distribute a decision made under this section within three months after the day on which the federal Minister receives the Review Board’s report of an environmental assessment.

• Marginal note:Time limit — hearings

  (4.02) If the Review Board holds a public hearing during the conduct of the environmental assessment, the time limit referred to in subsection (4.01) is extended to five months.

• Marginal note:Extension of time limit by federal Minister

  (4.03) The federal Minister may extend the time limit referred to in subsection (4.01) or (4.02) by a maximum of two months to take into account circumstances that are specific to the proposal.

• Marginal note:Extension of time limit by Governor in Council

  (4.04) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (4.03) any number of times.

• Marginal note:Time limit — further consideration

  (4.05) If a recommendation is referred back to the Review Board for further consideration under subparagraph (1)(b)(i), the time taken for that referral and consideration is included in the calculation of the time limit set out in subsection (4.01) or (4.02) or of its extension.

• Marginal note:Excluded period

  (4.06) If the federal Minister or the Review Board requires the person or body that proposes to carry out the development to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the federal Minister’s or the Review Board’s opinion, as the case may be, to comply with the requirement is not included in the calculation of the time limit under subsection (4.01) or (4.02) or of its extension.

• Marginal note:Notification — paragraph (1)(c)

  (4.07) If, following an order by the Review Board that an environmental impact review of a proposal be conducted, the federal Minister and the responsible ministers do not refer a proposal to the Minister of the Environment under paragraph (1)(c), the federal Minister shall so advise the Review Board in writing within three months after the day on which the federal Minister receives the Review Board’s report of an environmental assessment.

• Marginal note:Time limit — hearings

  (4.08) If the Review Board holds a public hearing during the conduct of the environmental assessment, the time limit referred to in subsection (4.07) is extended to five months.

• Marginal note:Extension of time limit by federal Minister

  (4.09) The federal Minister may extend the time limit referred to in subsection (4.07) or (4.08) by a maximum of two months to take into account circumstances that are specific to the proposal.

• Marginal note:Extension of time limit by Governor in Council

  (4.1) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (4.09) any number of times.

• Marginal note:Effect of decision

  (5) The federal Minister and responsible ministers shall carry out a decision made under this section to the extent of their respective authorities. A first nation, local government, regulatory authority or department or agency of the federal or territorial government affected by a decision made under this section shall act in conformity with the decision to the extent of their respective authorities.