Marginal note:Preliminary determination
68. (1) Following the conclusion of an agreement for a joint panel, the executive committee shall determine whether the project will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation.
Marginal note:Distribution of terms of reference
(2) The executive committee shall provide copies of the terms of reference of a joint panel, and of any modification made to them with the reasons for the modification, to the proponent of the project, to any first nation identified under subsection (1) and to any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the project or in projects of that kind.
Marginal note:Equivalence of joint panel review
69. A review by a joint panel fulfils the requirements of any provision of this Act for a review by a panel of the Board.
Reviews of Projects by Panels
Marginal note:Conduct of panel review
70. (1) Subject to its terms of reference and any specification referred to in subsection 60(4), a panel of the Board or a joint panel established to review a project may determine any matter that it considers appropriate for the conduct of the review and shall determine
(a) a schedule for the review;
(b) the information to be provided by the proponent; and
(c) the manner of participation by first nations, residents of communities, the federal and territorial governments and interested persons.
Marginal note:Determination by panel
(2) Before commencing public hearings, a panel of the Board or a joint panel shall determine whether the project will be located, or might have significant adverse environmental or socio-economic effects, on the settlement land of a first nation or on non-settlement land.
Marginal note:Location of hearings
(3) A review of a project by a panel of the Board or a joint panel may include public hearings in any location chosen by the panel and, except in the case of a review requested under subsection 60(4) that is not a public review, shall include public hearings
(a) in a community within the territory of each first nation, other than the Tetlit Gwich’in, whose settlement land is identified under subsection (2) — unless the panel and the first nation agree otherwise;
(b) in a community within the Gwich’in settlement area referred to in the Gwich’in Agreement, if Tetlit Gwich’in Yukon land is settlement land identified under subsection (2) — unless the panel and the Gwich’in Tribal Council agree otherwise; and
(c) in the community in Canada closest to the project, if non-settlement land is identified under subsection (2) — unless another location in Canada is agreed on for that purpose by the panel, the proponent, the decision bodies for the project and any first nation whose settlement land is identified under subsection (2).
Marginal note:Combined public hearings
(4) A public hearing held by a panel of the Board or a joint panel for the purposes of the review of a project may be combined with a public hearing held by any other body in relation to the project
(a) with the approval of the executive committee, in the case of a panel of the Board; or
(b) in accordance with an agreement made under section 67, in the case of a joint panel.
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