Preliminary Screening Requirement Regulations (SOR/99-12)
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Regulations are current to 2024-11-26 and last amended on 2024-03-25. Previous Versions
Preliminary Screening Requirement Regulations
SOR/99-12
MACKENZIE VALLEY RESOURCE MANAGEMENT ACT
Registration 1998-12-16
Preliminary Screening Requirement Regulations
P.C. 1998-2264 1998-12-16
Whereas, pursuant to subsection 143(1) of the Mackenzie Valley Resource Management ActFootnote a, the Minister of Indian Affairs and Northern Development has consulted with the Minister of Resources, Wildlife and Economic Development of the Northwest Territories and with the first nations with regard to the proposed Preliminary Screening Requirement Regulations in the annexed form;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to paragraph 143(1)(b) of the Mackenzie Valley Resource Management ActFootnote a, hereby makes the annexed Preliminary Screening Requirement Regulations.
Return to footnote aS.C. 1998, c. 25
Application
1 For the purpose of subsection 124(1) of the Mackenzie Valley Resource Management Act, a regulatory authority or a designated regulatory agency that receives an application for a licence, permit or other authorization required to carry out a proposed development, under a provision of a federal Act set out in Part 1 of Schedule 1 or a provision of federal regulations set out in Part 2 of that Schedule, shall conduct a preliminary screening of the proposed development before the issuance of the licence, permit or authorization.
2 For the purpose of subsection 124(1) of the Mackenzie Valley Resource Management Act, a regulatory authority or a designated regulatory agency that receives an application for a licence, permit or other authorization required to carry out a proposed development, under a provision of an Act of the Northwest Territories set out in Part 1 of Schedule 2 or a provision of regulations of the Northwest Territories set out in Part 2 of that Schedule, shall conduct a preliminary screening of the proposed development before the issuance of the licence, permit or authorization.
Coming into Force
Footnote *3 These Regulations come into force on the day on which Part 5 of the Mackenzie Valley Resource Management Act comes into force.
Return to footnote *[Note: Regulations in force December 22, 1998, see SI/99-1.]
SCHEDULE 1(Section 1)Provisions of Federal Acts and Regulations
PART 1
Provisions of Federal Acts
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Act | Provision | Limitations |
| 1 | Explosives Act | paragraph 7(1)(a) | Excludes magazine licences |
| 2 | Fisheries Act |
| |
| 3 | Indian Act |
| |
| 4 | Canadian Navigable Waters Act |
| |
| 5 | Canada Oil and Gas Operations Act |
| |
| 6 | Radiocommunication Act | paragraph 5(1)(f) | |
| 7 | Railway Safety Act | subsection 10(1) | |
| 8 | Canada Transportation Act |
| |
| 9 | Nuclear Safety and Control Act | subsection 24(2) | |
| 10 | Mackenzie Valley Resource Management Act |
| Excludes approval of an assignment of a land use permit |
| Excludes cancellation and approval of an assignment of a water licence | ||
| Excludes suspension, cancellation and approval of an assignment of a water licence | ||
| 11 | Canada National Parks Act |
| |
| 12 | Wrecked, Abandoned or Hazardous Vessels Act | section 38 | |
| 13 | Canadian Energy Regulator Act |
|
PART 2
Provisions of Federal Regulations
- SOR/2009-306, ss. 1(F), 2(E), 3(F), 4(E), 5(E), 6(F), 7(E), 8(F), 9 to 12(E), 13 to 15(F), 16(E), 17 to 20(F), 21(E), 22(F), 23(F), 24(E), 25(F), 26(F), 27 to 30(E), 31(F), 32 to 34(E), 35(F), 36(F), 37(E), 38(F), 42(E), 43(F), 44(F), 45(E)
- SOR/2014-73, ss. 1(F), 2(E), 3(F), 4(E), 5
- SOR/2022-109, s. 1(E)
- SOR/2022-109, s. 2(F)
- SOR/2024-47, s. 1
SCHEDULE 2(Section 2)Provisions of Northwest Territories Acts and Regulations
PART 1
Provisions of Northwest Territories Acts
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Act | Provision | Limitations |
| 1 | Forest Protection Act, R.S.N.W.T. 1988, c. F-10 | section 21 | Applies only to the issuance of a permit referred to in subsection 11(1) of that Act for areas greater than 250 m2 |
| 2 | Wildlife Act, S.N.W.T. 2013, c. 30 | subsection 76(1) | |
| 3 | Oil and Gas Operations Act, S.N.W.T. 2014, c. 14 |
|
PART 2
Provisions of Northwest Territories Regulations
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Regulations | Provision | Limitations |
| 1 | Forest Management Regulations, R.R.N.W.T. 1990, c. F-14 (Forest Management Act, R.S.N.W.T. 1988, c. F-9) | paragraph 5(1)(a) | Applies only to the issuance of a permit referred to in paragraph 2(1)(a) of those Regulations for volumes of timber greater than 1000 m3 and the issuance of a licence referred to in paragraph 2(2)(a) of those Regulations |
| 2 | Pesticide Regulations, R.R.N.W.T. 1990, c. P-2 (Pesticide Act, R.S.N.W.T. 1988, c. P-4) | subsection 3(1) | |
| 3 | Wildlife Business Regulations, N.W.T. Reg. R-069-97 (Wildlife Act, S.N.W.T. 2013, c. 30) | subsection 2(1) | Applies only to outfitter licences, tanner licences, game ranch licences, fur farm licences, commercial wildlife licences and taxidermist licences |
| 4 | Reindeer Regulations, N.W.T. Reg. R-011-2014 (Reindeer Act, S.N.W.T. 2014, c. 16) | paragraph 4(1)(b) |
- SOR/2009-306, ss. 39(E), 40(F), 41
- SOR/2014-73, ss. 6, 7(E), 8(F)
- SOR/2024-47, s. 1
AMENDMENTS NOT IN FORCE
— SOR/2024-230, s. 47
47 Item 11 of Part 2 of Schedule 1 of the Preliminary Screening Requirement RegulationsFootnote 1 is repealed.
Return to footnote 1SOR/99‑12
— SOR/2024-230, s. 48
48 Part 2 of Schedule 1 to the Regulations is amended by adding the following in numerical order:
Column 1 Column 2 Column 3 Item Regulations Provision Limitations 16.1 National Parks of Canada Land Use Planning Regulations subsection 7(1) Applies only to a permit for a project that includes any of the following:
(a) the construction of a structure with a floor area of more than 10 m2
(b) an alteration that increases a structure’s floor area to more than 10 m2
(c) the alteration, demolition or removal of a structure, or a change to its use, if the structure is of historical significance
(d) the installation, alteration or removal of a public utility
(e) the construction, alteration or removal of a public roadway, railroad, gondola or ski lift
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