Tlicho Land Claims and Self-Government (S.C. 2005, c. 1)

• 75. (1) The portion of subsection 124(2) of the Act before paragraph (a) is replaced by the following:

  • 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

• (2) Subsection 124(3) of the Act is replaced by the following:

  • 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.

• 76. (1) Paragraphs 126(2)(b) and (c) of the Act are replaced by the following:

  • (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 have an impact on the environment in that settlement area;

  • (c) the Tlicho Government, in the case of a development to be carried out wholly or partly in the part of Monfwi Gogha De Niitlee that is in the Northwest Territories or a development that might have an impact on the environment in that part; or

  • (d) a local government, in the case of a development to be carried out within its boundaries or a development that might have an impact on the environment within its boundaries.

• (2) Subsection 126(4) of the Act is replaced by the following:

  • 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.

77. The Act is amended by adding the following after section 127:

• 78. (1) Subsection 128(2) of the Act is replaced by the following:

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

    (2) The Review Board shall make a report of an environmental assessment 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) if the development is to be carried out wholly or partly on Tlicho lands, the Tlicho Government.

• (2) Subsection 128(3) of the French version of the Act is replaced by the following:

  • Marginal note:Copie

    (3) L’Office adresse une copie du rapport au promoteur du projet de développement, à l’organe en ayant effectué l’examen préalable et, en cas de renvoi effectué en vertu du paragraphe 126(2), au ministère, à l’organisme, à la première nation, au gouvernement tlicho ou à l’administration locale concernée.

79. Section 129 of the Act is replaced by the following:

• 80. (1) Section 130 of the Act is amended by adding the following after subsection (1):

  • 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.

• (2) Subsection 130(5) of the Act is replaced by the following:

  • 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.

81. The Act is amended by adding the following after section 131: