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

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: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:Referral on preliminary screening

• 126. (1) The Review Board shall conduct an environmental assessment of a proposal for a development that is referred to the Review Board following a preliminary screening pursuant to section 125.

• Marginal note:Referral from department, agency, first nation or local government

  (2) Notwithstanding any determination on a preliminary screening, the Review Board shall conduct an environmental assessment of a proposal for a development that is referred to it by

  • (a) a regulatory authority, designated regulatory agency or department or agency of the federal or territorial government;

  • (b) the Gwich’in or Sahtu First Nation, in the case of a development to be carried out in its settlement area or a development that might have an impact on the environment in that settlement area;

  • (c) the Tlicho Government, in the case of a development to be carried out wholly or partly in the part of Monfwi Gogha De Niitlee that is in the Northwest Territories or a development that might have an impact on the environment in that part; or

  • (d) a local government, in the case of a development to be carried out within its boundaries or a development that might have an impact on the environment within its boundaries.

• Marginal note:Review Board’s own motion

  (3) Notwithstanding any determination on a preliminary screening, the Review Board may conduct an environmental assessment of a proposal for a development on its own motion.

• Marginal note:For greater certainty

  (4) For greater certainty, subsections (2) and (3) apply even if a preliminary screening has not been commenced or, if commenced, has not been completed.

• Marginal note:Notice

  (5) The Review Board shall give notice of a referral of a proposal under subsection (2), or of its decision to conduct an environmental assessment under subsection (3), to the person or body that proposes to carry out the development.