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

Marginal note:Appointment of review panel

• 132. (1) Subject to sections 138 to 141, an environmental impact review of a proposal for a development shall be conducted by a review panel consisting of three or more members appointed by the Review Board, including a chairperson.

• Marginal note:Expert members

  (2) A review panel may, in addition to members of the Review Board, include as members of the panel persons having particular expertise related to the development.

• Marginal note:Board members to participate in appointments

  (3) The members of the Review Board who participate in the appointment of a review panel must include in equal numbers

  • (a) members who were appointed on the nomination of a first nation or the Tlicho Government; and

  • (b) members not so appointed, other than the chairperson.

• (4) [Repealed, 2005, c. 1, s. 82]

Marginal note:Powers and duties of panel

• 133. (1) A review panel may exercise the powers and shall perform the duties of the Review Board in the conduct of an environmental impact review.

• Marginal note:Instructions

  (2) A review panel may issue, with respect to an impact statement referred to in paragraph 134(1)(b), special instructions not inconsistent with any guidelines issued under section 120.

Marginal note:Coordination

133.1 The Review Board shall to the extent possible coordinate any environmental impact review conducted by a review panel of a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley with any examination of the environmental impact of that development conducted by another authority responsible for the examination of environmental effects of the part of the development to be carried out outside the Mackenzie Valley.

Marginal note:Components of review

• 134. (1) An environmental impact review of a proposal for a development includes

  • (a) the preparation by the Review Board of terms of reference for the review panel, after consultation with the responsible ministers, with any first nation affected by the proposal and, if the Board has determined that the development is likely to have a significant adverse impact on the environment, or to be a cause of significant public concern, in Monfwi Gogha De Niitlee, with the Tlicho Government;

  • (b) the submission of an impact statement by the applicant for a licence, permit or other authorization or such other person or body as proposes to carry out the development, and its distribution in accordance with any guidelines issued under section 120 and any special instructions issued under subsection 133(2);

  • (c) public notification, in accordance with any such guidelines, of the submission of the impact statement;

  • (d) such analysis of the proposal as the review panel considers appropriate; and

  • (e) public consultations or hearings in communities that will be affected by the development.

• Marginal note:Report

  (2) A review panel shall issue a report containing a summary of comments received from the public, an account of the panel’s analysis, the conclusions of the panel and its recommendation whether the proposal for the development be approved, with or without mitigative or remedial measures or a follow-up program, or rejected.

• Marginal note:Submission to ministers, agencies and Tlicho Government

  (3) The report of a review panel shall be submitted to

  • (a) the federal Minister, who shall distribute it to every responsible minister;

  • (b) any designated regulatory agency from which a licence, permit or other authorization is required for the carrying out of the development; and

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