Mackenzie Valley Resource Management Act

Version of section 141 from 2005-08-04 to 2014-03-24:

Marginal note:Environmental assessment
  •  (1) In relation to a development that is proposed to be carried out partly in the Mackenzie Valley and partly in a region of the Northwest Territories, Yukon or Nunavut adjacent to the Mackenzie Valley, or partly in a province, as the case may be, the Review Board shall to the extent possible coordinate its environmental assessment functions with the functions of any authority responsible for the examination of environmental effects of the development in that region or province.

  • Marginal note:Agreement — cases other than Wekeezhii

    (2) If an environmental impact review is ordered under subparagraph 128(1)(b)(i), paragraph 128(1)(c) or 130(1)(a), subparagraph 130(1)(b)(ii) or paragraph 131(1)(b) in respect of a proposal for a development referred to in subsection (1), other than a development referred to in subsection (3), the Review Board may, with the approval of the federal Minister,

    • (a) enter into an agreement with the Minister of the Environment in accordance with sections 40 and 41 of the Canadian Environmental Assessment Act to provide for an examination by a review panel, in any case where that Act applies in respect of the development in the region or province referred to in subsection (1); and

    • (b) in any other case, enter into an agreement with an authority responsible for the examination of environmental effects of such developments in that region or province to provide for the coordination of their respective examinations of the environmental impact of the development or to provide for the examination of that impact by a joint panel established for that purpose.

  • Marginal note:Agreement — Wekeezhii

    (3) If an environmental impact review is ordered under subparagraph 128(1)(b)(i), paragraph 128(1)(c) or 130(1)(a), subparagraph 130(1)(b)(ii) or paragraph 131(1)(b) in respect of a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley and either is to be carried out partly in Wekeezhii or might have an impact on the environment in Wekeezhii, the Review Board shall enter into an agreement for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the impact on the environment of the development

    • (a) with an authority responsible for the examination of environmental effects of the part of the development that is to be carried out outside the Mackenzie Valley; or

    • (b) with the Minister of the Environment if that Minister is authorized under section 40 of the Canadian Environmental Assessment Act to enter into such an agreement.

  • Marginal note:Where no agreement

    (4) Despite subsection (3), if, within the period fixed by the regulations, an agreement has not been entered into under that subsection, a panel of the Review Board shall conduct an environmental impact review of the development, but the review shall be limited to the part of the development to be carried out in the Mackenzie Valley.

  • Marginal note:Report

    (5) A review panel or joint panel established by an agreement referred to in subsection (2) or (3) shall make a report of its examination 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;

    • (c) in the case of a joint panel referred to in paragraph (2)(b) or (3)(a), the minister of the federal, provincial or territorial government having jurisdiction in relation to examinations conducted by the authority referred to in that paragraph; and

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

  • Marginal note:Provisions applicable

    (6) An examination by a review panel or joint panel referred to in subsection (2) or (3) stands in lieu of an environmental impact review of the proposal referred to in that subsection and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.

  • 1998, c. 15, s. 48, c. 25, s. 141;
  • 2002, c. 7, s. 206(E);
  • 2005, c. 1, s. 89.
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