Mackenzie Valley Resource Management Act

Version of section 126 from 2002-12-31 to 2005-08-03:

Marginal note:Referral on preliminary screening
  •  (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, in its opinion, have an adverse impact on the environment in that settlement area; or

    • (c) a local government, in the case of a development to be carried out within its boundaries or a development that might, in its opinion, have an adverse 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:Application

    (4) Subsections (2) and (3) apply in respect of a development for which no preliminary screening is conducted by reason that

    • (a) a licence, permit or other authorization is required for the carrying out of the development under a federal or territorial law other than one specified in regulations made under paragraph 143(1)(b),

    • (b) the development is exempted by regulations made under paragraph 143(1)(c), or

    • (c) the impact of the development is found to be manifestly insignificant pursuant to paragraph 124(2)(a),

    but, in the cases referred to in paragraphs (b) and (c), the Review Board may only conduct an environmental assessment on its own motion if, in its opinion, the development involves issues of special environmental concern.

  • 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.

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