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

88. Subsections 140(2) to (4) of the Act are replaced by the following:

• 89. (1) The portion of subsection 141(2) of the Act before paragraph (a) is replaced by the following:

  • 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,

• Marginal note:1998, c. 15, par. 48(e); 2002, c. 7, s. 206(2)(E)

  (2) Subsections 141(3) to (5) of the Act are replaced by the following:

  • 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.

• 90. (1) The portion of subsection 143(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Regulations

  • 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

• (2) Subsection 143(1) of the Act is amended by striking out the word “and” at the end of paragraph (c) and by adding the following after paragraph (d):

  • (e) fixing a period for the purposes of subsection 138.1(2) and respecting mediation referred to in that subsection;

  • (f) fixing the period within which a matter may be referred to arbitration under subsection 138.1(3) and respecting arbitration under that subsection; and

  • (g) fixing a period for the purposes of subsections 138.1(4) and 141(4).

• (3) Subsection 143(2) of the Act is replaced by the following:

  • Marginal note:Consultation with Review Board

    (2) Regulations may only be made under paragraph (1)(a), (d), (e), (f) or (g), or amended under paragraph (1)(b) or (c), following consultation by the federal Minister with the Review Board.