Northwest Territories Devolution Act (S.C. 2014, c. 2)
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Assented to 2014-03-25
PART 41998, c. 25MACKENZIE VALLEY RESOURCE MANAGEMENT ACT
Amendments to the Act
218. The Act is amended by adding the following after section 137.3:
Marginal note:Development certificate
137.4 (1) The Review Board shall issue a development certificate to the person or body that proposes to carry out the development if
(a) the federal Minister and the responsible ministers adopt, under subsection 135(1), with or without modifications, the review panel’s recommendation, set out in the report made under subsection 134(2), that the proposal for the development be approved, with or without mitigative or remedial measures or a follow-up program, and neither the designated regulatory agency nor the Tlicho Government reject that recommendation under paragraph 137(1)(b) or 137.1(1)(b), respectively; or
(b) the federal Minister and the responsible ministers reject, under subsection 135(1), the review panel’s recommendation, set out in the report made under subsection 134(2), that the proposal for the development be rejected and, if applicable, the designated regulatory agency and the Tlicho Government reject that recommendation under paragraph 137(1)(b) or 137.1(1)(b), respectively.
Marginal note:Content of certificate
(2) A development certificate shall indicate that the environmental impact review of the development has been completed and that the person or body that proposes to carry out the development may carry it out if they comply with the conditions set out in the certificate, obtain any licence, permit or other authorization required by or under any Act of Parliament or any territorial law or Tlicho law and comply with any other requirements set out in such an Act or law.
Marginal note:Conditions
(3) A development certificate shall set out the conditions that the person or body that proposes to carry out the development is to comply with, namely, the implementation of the following measures or programs:
(a) if the federal Minister and the responsible ministers agree to adopt, without modifications, a recommendation made under subsection 134(2) to approve the proposal for the development with mitigative or remedial measures or a follow-up program, the measures or program that are to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under paragraph 135(1)(a);
(b) if the federal Minister and the responsible ministers agree to adopt, with modifications, a recommendation made under subsection 134(2) to approve the proposal for the development with mitigative or remedial measures or a follow-up program, the measures or program that are to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under paragraph 135(1)(b);
(c) if the federal Minister and the responsible ministers agree to adopt, with modifications, a recommendation made under subsection 134(2) to approve the proposal for the development without mitigative or remedial measures or a follow-up program, any mitigative or remedial measures or follow-up program that are to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under paragraph 135(1)(b); or
(d) if the federal Minister and the responsible ministers agree to reject a recommendation made under subsection 134(2) to reject the proposal for the development, any mitigative or remedial measures or follow-up program that are to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under paragraph 135(1)(b).
Marginal note:Time limit
(4) A development certificate shall be issued within 30 days after the first day on which the Review Board has received all applicable decisions.
Marginal note:Extension of time limit
(5) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (4) by a maximum of 45 days to take into account circumstances that are specific to the proposal.
Marginal note:Provision of certificate
(6) The Review Board shall provide a copy of the development certificate to the federal Minister and to every first nation, local government, regulatory authority and department and agency referred to in subsection 136(2).
Marginal note:Statutory Instruments Act
(7) Development certificates are not statutory instruments for the purposes of the Statutory Instruments Act.
Marginal note:Duty — regulatory authorities
137.5 Each regulatory authority shall, to the extent of its authority to do so, incorporate the conditions referred to in subsection 137.4(3) into any licence, permit or other authorization that it issues, amends or renews.
Marginal note:2005, c. 1, s. 87
219. (1) The portion of subsection 138(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Report by review panel — national interest referral
138. (1) Within 15 months after the day on which a review panel, that is the subject of an agreement entered into under subsection (3) or 138.1(1), is established under subsection 41(2) of the Canadian Environmental Assessment Act, 2012 in respect of a proposal for a development that was referred under paragraph 130(1)(c) of this Act shall, in addition to satisfying the requirements of paragraph 43(1)(e) of that Act, submit the report of its recommendations to
(2) Section 138 of the Act is amended by adding the following after subsection (1):
Marginal note:Extension of time limit by federal Minister
(1.1) The federal Minister may, at the request of the review panel, extend the time limit referred to in subsection (1) by a maximum of two months to take into account circumstances that are specific to the proposal.
Marginal note:Extension of time limit by Governor in Council
(1.2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (1.1) any number of times.
Marginal note:Excluded period
(1.3) If the review panel requires the person or body that proposes to carry out the development to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the review panel’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (1) or of its extension.
Marginal note:2005, c. 1, s. 87
(3) Subsection 138(2) of the Act is replaced by the following:
Marginal note:Provisions applicable
(2) An examination by a review panel referred to in subsection (1) stands in lieu of an environmental impact review and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 and 137.4 apply, with any modifications that are required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.
(4) The Act is amended by adding the following after subsection 138(2):
Marginal note:Referral — paragraph 130(1)(c)
(3) If a proposal for a development, other than a proposal to which section 138.1 applies, is referred to the Minister of the Environment under paragraph 130(1)(c), the Review Board shall, within three months after the day on which the proposal was referred to that Minister, enter into an agreement with him or her for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the development’s impact on the environment in accordance with subsection 41(2) of the Canadian Environmental Assessment Act, 2012.
Marginal note:Extension of time limit by federal Minister
(4) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (3) by a maximum of two months to take into account circumstances that are specific to the proposal.
Marginal note:Extension of time limit by Governor in Council
(5) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (4) any number of times.
Marginal note:Excluded period
(6) If the Review Board requires the person or body that proposes to carry out the development to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the Review Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (3) or of its extension.
Marginal note:2005, c. 1, s. 87
220. Subsection 138.1(1) of the Act is replaced by the following:
Marginal note:Agreement — national interest referral
138.1 (1) If 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 is referred to the Minister of the Environment under paragraph 130(1)(c), then the Review Board shall enter into an agreement with the Minister of the Environment for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the development’s impact on the environment in accordance with subsection 41(2) of the Canadian Environmental Assessment Act, 2012.
Marginal note:2005, c. 1, s. 87
221. Section 139 of the Act is repealed.
222. (1) Section 140 of the Act is amended by adding the following after subsection (2):
Marginal note:Time limit
(2.1) Any agreement under paragraph (2)(b) shall be entered into within three months after the day on which the Review Board is advised, as the case may be,
(a) of an order for an environmental impact review under subparagraph 130(1)(b)(ii) or paragraph 131(1)(b); or
(b) in accordance with subsection 130(4.07), that the proposal has not been referred to the Minister of the Environment.
Marginal note:Extension of time limit by federal Minister
(2.2) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (2.1) by a maximum of two months to take into account circumstances that are specific to the proposal.
Marginal note:Extension of time limit by Governor in Council
(2.3) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (2.2) any number of times.
Marginal note:Excluded period
(2.4) If the Review Board requires the person or body that proposes to carry out the development to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the Review Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (2.1) or of its extension.
Marginal note:Environmental impact review
(2.5) Despite subsections (2.1) to (2.4), if, within the time limit set out in those subsections, an agreement has not been entered into under paragraph (2)(b), a panel of the Review Board shall conduct an environmental impact review of the development.
Marginal note:2005, c. 1, s. 88
(2) The portion of subsection 140(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Joint panel’s report
(3) Within 15 months after the day on which a joint panel is established under paragraph (2)(b), the panel shall make a report of its recommendations to
(3) Section 140 of the Act is amended by adding the following after subsection (3):
Marginal note:Extension of time limit by federal Minister
(3.1) The federal Minister may, at the request of the joint panel, extend the time limit referred to in subsection (3) by a maximum of two months to take into account circumstances that are specific to the proposal.
Marginal note:Extension of time limit by Governor in Council
(3.2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (3.1) any number of times.
Marginal note:Excluded period
(3.3) If the joint panel requires the person or body that proposes to carry out the development to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the joint panel’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (3) or of its extension.
Marginal note:2005, c. 1, s. 88
(4) Subsection 140(4) of the Act is replaced by the following:
Marginal note:Provisions applicable
(4) An examination by a joint panel established under subsection (2) stands in lieu of an environmental impact review of the proposal and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 and 137.4 apply, with any modifications that are required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.
223. (1) Paragraph 141(2)(a) of the Act is replaced by the following:
(a) enter into an agreement with the Minister of the Environment in accordance with subsection 40(1) of the Canadian Environmental Assessment Act, 2012 to provide for an examination by a review panel, if that Act applies in respect of the development in the region or province referred to in subsection (1); and
(2) Section 141 of the Act is amended by adding the following after subsection (2):
Marginal note:Time limit
(2.1) An agreement made under paragraph (2)(a), or an agreement made under paragraph (2)(b) that provides for an examination by a joint panel, shall be entered into within three months after the day on which the Review Board is advised, as the case may be,
(a) of an order for an environmental impact review made under paragraph 130(1)(a), subparagraph 130(1)(b)(ii) or paragraph 131(1)(b); or
(b) in accordance with subsection 130(4.07), that the proposal has not been referred to the Minister of the Environment.
Marginal note:Extension of time limit by federal Minister
(2.2) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (2.1) by a maximum of two months to take into account circumstances that are specific to the proposal.
Marginal note:Extension of time limit by Governor in Council
(2.3) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (2.2) any number of times.
Marginal note:Excluded period
(2.4) If the Review Board requires the person or body that proposes to carry out the development to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the Review Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (2.1) or of its extension.
Marginal note:Environmental impact review
(2.5) Despite subsections (2.1) to (2.4), if, within the time limit set out in those subsections, an agreement has not been entered into under paragraph (2)(b), 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:2005, c. 1, s. 89(2)
(3) Paragraph 141(3)(b) of the Act is replaced by the following:
(b) with the Minister of the Environment if that Minister is authorized under subsection 40(1) of the Canadian Environmental Assessment Act, 2012 to enter into such an agreement.
Marginal note:2005, c. 1, s. 89(2)
(4) The portion of subsection 141(5) of the Act before paragraph (a) is replaced by the following:
Marginal note:Report — review panel or joint panel
(5) Within 15 months after the day on which a review panel or joint panel is established by an agreement referred to in subsection (2) or (3), the panel shall make a report of its examination to
(5) Section 141 of the Act is amended by adding the following after subsection (5):
Marginal note:Extension of time limit by federal Minister
(5.1) The federal Minister may, at the request of the review panel or joint panel, extend the time limit referred to in subsection (5) by a maximum of two months to take into account circumstances that are specific to the proposal.
Marginal note:Extension of time limit by Governor in Council
(5.2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (5.1) any number of times.
Marginal note:Excluded period
(5.3) If the review panel or joint panel requires the person or body that proposes to carry out the development to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the panel’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (5) or of its extension.
Marginal note:2005, c. 1, s. 89(2)
(6) Subsection 141(6) of the Act is replaced by the following:
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 and 137.4 apply, with any modifications that are required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.
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