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124 (1) Where, pursuant to any federal or territorial law specified in the regulations made under paragraph 143(1)(b), an application is made to a regulatory authority or designated regulatory agency for a licence, permit or other authorization required for the carrying out of a development, the authority or agency shall notify the Review Board in writing of the application and conduct a preliminary screening of the proposal for the development, unless the development is exempted from preliminary screening because

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Marginal note:Proposal not requiring application

(2) Where a development that does not require a licence, permit or other authorization under any federal or territorial law is proposed to be carried out by a department or agency of the federal or territorial government or by the Gwich’in or Sahtu First Nation or the Tlicho Government, the body proposing to carry out that development shall, after notifying the Review Board in writing of the proposal for the development, conduct a preliminary screening of the proposal, unless

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• (b) the development is exempted from preliminary screening for a reason referred to in paragraph (1)(a) or (b).

Marginal note:Preliminary screening by Gwich’in, Sahtu or Tlicho

(3) The Gwich’in First Nation, the Sahtu First Nation or the Tlicho Government, as the case may be, may conduct a preliminary screening of a proposal for a development to determine whether to refer the proposal for an environmental assessment in accordance with paragraph 126(2)(b) or (c).

Marginal note:Cooperation

(4) Where more than one body conducts a preliminary screening in respect of a development, any of them may consult the others, adopt another’s report or participate in a joint preliminary screening and, where one of them is a board established under Part 3 or 4, the others are not required to conduct a 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

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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.

125 (1) Except as provided by subsection (2), a body that conducts a preliminary screening of a proposal shall

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Marginal note:Computation of time

(1.3) If more than one body conducts a preliminary screening in respect of a development and they each determine that the development will not have a significant adverse impact on the environment and will not be a cause of public concern, the 10-day period referred to in subsections (1.1) and (1.2) begins after the day on which the Review Board receives the last of their reports of determination.

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

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Marginal note:Computation of time

(5) If more than one body conducts a preliminary screening in respect of a development and they each determine that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern, the 10-day period referred to in subsections (3) and (4) begins after the day on which the Review Board receives the last of their reports of determination.

Marginal note:Copy of report

(6) A body that conducts a preliminary screening of a proposal shall provide a copy of its report to the person or body that proposes to carry out the development.

143 (1) The Governor in Council may, following consultation by the federal Minister with the territorial Minister, first nations and the Tlicho Government, make regulations for carrying out the purposes and provisions of this Part and, in particular, regulations

• (a) prescribing procedures in relation to preliminary screenings, environmental assessments and environmental impact reviews generally, including

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• (b) specifying the federal and territorial laws in respect of which preliminary screenings of proposals must be conducted by regulatory authorities and designated regulatory agencies before the issuance of licences, permits or other authorizations;

• (c) exempting any development or class of development from a preliminary screening for a reason referred to in paragraph 124(1)(a) or (b);

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Marginal note:Consultation with boards established under Parts 3 and 4

(2.1) In addition, the federal Minister shall consult the boards established under Parts 3 and 4 before making or amending any regulations under paragraph (1)(i) that relate to any consultation undertaken by one of those boards in relation to a preliminary screening.

143 (1) The Governor in Council may, following consultation by the federal Minister with the territorial Minister, first nations and the Tlicho Government, make regulations for carrying out the purposes and provisions of this Part and, in particular, regulations

• (a) prescribing procedures in relation to preliminary screenings, environmental assessments and environmental impact reviews generally, including

  [...]

• (b) specifying the federal and territorial laws in respect of which preliminary screenings of proposals must be conducted by regulatory authorities and designated regulatory agencies before the issuance of licences, permits or other authorizations;

• (c) exempting any development or class of development from a preliminary screening for a reason referred to in paragraph 124(1)(a) or (b);