Mackenzie Valley Resource Management Act

Version of section 130 from 2005-08-04 to 2014-03-24:

Marginal note:Decision by ministers
  •  (1) After considering the report of an environmental assessment, the federal Minister and the responsible ministers to whom the report was distributed may agree

    • (a) to order an environmental impact review of a proposal, notwithstanding a determination under paragraph 128(1)(a);

    • (b) where a recommendation is made under subparagraph 128(1)(b)(ii) or paragraph 128(1)(d),

      • (i) to adopt the recommendation or refer it back to the Review Board for further consideration, or

      • (ii) after consulting the Review Board, to adopt the recommendation with modifications or reject it and order an environmental impact review of the proposal; or

    • (c) irrespective of the determination in the report, to refer the proposal to the Minister of the Environment, following consultation with that Minister, for the purpose of a joint review under the Canadian Environmental Assessment Act, where the federal Minister and the responsible ministers determine that it is in the national interest to do so.

  • Marginal note:Consultation

    (1.1) Before making an order under paragraph (1)(a) or a referral under paragraph (1)(c), the federal Minister and the responsible ministers shall consult the Tlicho Government if the development is to be carried out wholly or partly on Tlicho lands.

  • Marginal note:Areas identified

    (2) Where an environmental impact review of a proposal is ordered under subsection (1), the federal Minister and responsible ministers shall identify any area within or outside the Mackenzie Valley in which the development is likely, in their opinion, to have a significant adverse impact or to be a cause of significant public concern and specify the extent to which that area is affected.

  • Marginal note:Additional information

    (3) If the federal Minister and responsible ministers consider any new information that was not before the Review Board, or any matter of public concern not referred to in the Review Board’s reasons, the new information or matter shall be identified in the decision made under this section and in any consultation under paragraph (1)(b).

  • Marginal note:Distribution of decision

    (4) The federal Minister shall distribute a decision made under this section to the Review Board and to every first nation, local government, regulatory authority and department and agency of the federal or territorial government affected by the decision.

  • Marginal note:Effect of decision

    (5) The federal Minister and responsible ministers shall carry out a decision made under this section to the extent of their respective authorities. A first nation, local government, regulatory authority or department or agency of the federal or territorial government affected by a decision made under this section shall act in conformity with the decision to the extent of their respective authorities.

  • 1998, c. 25, s. 130;
  • 2005, c. 1, s. 80.
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