Tlicho Land Claims and Self-Government (S.C. 2005, c. 1)
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Assented to 2005-02-15
1998, c. 25AMENDMENTS TO THE MACKENZIE VALLEY RESOURCE MANAGEMENT ACT
72. The portion of section 120 of the Act before paragraph (a) is replaced by the following:
Marginal note:Guidelines
120. Following consultation with first nations, the Tlicho Government and the federal and territorial Ministers and subject to any regulations made under paragraph 143(1)(a), the Review Board may establish guidelines respecting the process established by this Part, including guidelines
73. Section 121 of the Act is replaced by the following:
Marginal note:Written reasons
121. The Review Board, a review panel thereof, a review panel, or a joint panel, established jointly by the Review Board and any other person or body, the federal Minister, a responsible minister, a designated regulatory agency, a regulatory authority, a department or agency of the federal or territorial government, a local government, the Gwich’in or Sahtu First Nation or the Tlicho Government shall issue and make available to the public written reasons for any decision or recommendation made under the process established by this Part.
74. The Act is amended by adding the following after section 123:
Marginal note:Consultation
123.1 In conducting a review or examination of the impact on the environment of a development, a review panel of the Review Board or a review panel, or a joint panel, established jointly by the Review Board and any other person or body,
(a) shall carry out any consultations that are required by any of the land claim agreements; and
(b) may carry out other consultations with any persons who use an area where the development might have an impact on the environment.
Marginal note:Conflict of interest
123.2 (1) A person shall not be appointed, or continue, as a member of a review panel of the Review Board or of a review panel, or a joint panel, established jointly by the Review Board and any other person or body, if doing so would place the member in a material conflict of interest.
Marginal note:Status or entitlements under agreement
(2) A person is not in a material conflict of interest merely because of any status or entitlement conferred on the person under the Gwich’in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and Her Majesty in right of Canada for the settlement of a claim to lands.
Marginal note:Nominations
123.3 In appointing a review panel of the Review Board or a review panel, or a joint panel, established jointly by the Review Board and any other person or body, the Review Board and those other persons or bodies shall comply with the requirements of land claim agreements respecting nominations for appointment.
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:
Marginal note:Consultation
127.1 Before completing an environmental assessment of a proposal for a development that is to be carried out wholly or partly on first nation lands as defined in section 51 or on Tlicho lands, the Review Board shall consult the first nation on whose lands the development is to be carried out or, if the development is to be carried out on Tlicho lands, the Tlicho Government.
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:
Marginal note:Delay
129. Where the Review Board makes a determination under paragraph 128(1)(a),
(a) a regulatory authority, a designated regulatory agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development, and
(b) where no licence, permit or authorization is required under any federal, territorial or Tlicho law for the development, the person or body that proposes to carry it out shall not proceed,
before the expiration of ten days after receiving the report of the Review Board.
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:
Marginal note:Decision by Tlicho Government
131.1 (1) If a development is to be carried out wholly or partly on Tlicho lands, the Tlicho Government shall, after considering a report of the Review Board containing a recommendation made under subparagraph 128(1)(b)(ii),
(a) adopt the recommendation or refer it back to the Review Board for further consideration; or
(b) after consulting the Review Board, adopt the recommendation with modifications or reject it.
Marginal note:Effect of decision
(2) The Tlicho Government shall carry out, to the extent of its authority, any recommendation that it adopts.
Marginal note:Additional information
(3) If the Tlicho Government considers any new information that was not before the Review Board, or any matter of public concern that was 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:Conservation
131.2 In making a decision under paragraph 130(1)(b) or subsection 131(1) or 131.1(1), the federal Minister and the responsible ministers, a designated regulatory agency or the Tlicho Government, as the case may be, shall consider the importance of the conservation of the lands, waters and wildlife of the Mackenzie Valley on which the development might have an impact.
82. Subsections 132(2) to (4) of the Act are replaced by the following:
Marginal note:Expert members
(2) A review panel may, in addition to members of the Review Board, include as members of the panel persons having particular expertise related to the development.
Marginal note:Board members to participate in appointments
(3) The members of the Review Board who participate in the appointment of a review panel must include in equal numbers
(a) members who were appointed on the nomination of a first nation or the Tlicho Government; and
(b) members not so appointed, other than the chairperson.
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