An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts (S.C. 2019, c. 19)
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Assented to 2019-06-21
PART 11998, c. 25Mackenzie Valley Resource Management Act (continued)
Amendments to the Act (continued)
Marginal note:2014, c. 2, s. 199
13 Section 111.1 of the Act is replaced by the following:
Marginal note:Federal Minister — powers, duties and functions
111.1 The federal Minister shall exercise the powers and perform the duties and functions of any responsible minister who is a minister of the Crown in right of Canada for the purposes of subsections 130(1) to (3), sections 131.2, 135 and 137.2 and subsection 142.21(10).
14 The Act is amended by adding the following after section 113:
Marginal note:Acting after expiry of term
113.1 (1) If the chairperson of the Review Board is of the opinion that it is necessary for a member of the Review Board to continue to act after the expiry of that member’s term in relation to an environmental assessment, an environment impact review or an examination of impact on the environment that stands in lieu of an environmental impact review, as the case may be, of a proposal for a development, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that proposal until the requirements of this Part in relation to that environmental assessment, environmental impact review or examination have been fulfilled. For the purpose of the appointment of a replacement, the office of the member is deemed to be vacant as soon as their term expires.
Marginal note:Request
(2) The request shall be made at least two months before the day on which the member’s term expires.
Marginal note:Deemed acceptance
(3) If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.
15 The Act is amended by adding the following after section 117:
Marginal note:Prohibition — person or body carrying out development
117.1 (1) The person or body that proposes to carry out a development shall not carry it out, in whole or in part, unless
(a) subject to subsection (2), the person or body receives a notice under subsection 124(1.1) in respect of the development;
(b) subject to subsection (2), the development is exempted from preliminary screening under subsection 124(2);
(c) subject to subsection (2), the person or body receives a copy of a report under subsection 125(6) stating that the development will not be a cause of public concern and either will not have a significant adverse impact on the environment or, in the case of a proposed development that is wholly within the boundaries of a local government, is unlikely to have a significant adverse impact on air, water or renewable resources;
(d) in the case of a proposal for a development that is the subject of an environmental assessment under section 126, the person or body carries it out in accordance with the conditions included in a development certificate issued under section 131.3, or an amended development certificate issued under subsection 142.21(17), with respect to that development; or
(e) in the case of a proposal for a development that is the subject of an environmental impact review under section 132, or an examination under section 138, 140 or 141, the person or body carries it out in accordance with the conditions included in a development certificate issued under section 137.4, or an amended development certificate issued under subsection 142.21(17), with respect to that development.
Marginal note:No contravention
(2) A person or body may carry out a development, in whole or in part, if it is carried out within the period
(a) starting on the day on which
(i) the person or body receives a notice under subsection 124(1.1) with respect to the development,
(ii) the development is exempted from preliminary screening under subsection 124(2), or
(iii) the person or body receives a copy of a report under subsection 125(6) containing the conclusions set out in paragraph (1)(c) with respect to the development; and
(b) ending on the day on which that person or body receives notice of a referral to an environmental assessment under subsection 126(5).
Marginal note:Exception
(3) Subsection (1) does not apply if section 119 applies.
16 Section 124 of the Act is amended by adding the following after subsection (1):
Marginal note:Notice of exemption
(1.1) If the development is exempted from preliminary screening for a reason referred to in paragraph (1)(a) or (b), the regulatory authority or designated regulatory agency shall so notify the person or body that proposes to carry out the development in writing.
17 (1) Section 125 of the Act is amended by adding the following after subsection (1):
Marginal note:Delay
(1.1) If the body determines under subsection (1) that the development will not have a significant adverse impact on the environment and will not be a cause of public concern,
(a) a regulatory authority, a designated regulatory agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination; or
(b) if no licence, permit or other 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 end of 10 days after the day on which the Review Board receives the report of the determination.
Marginal note:Boards established under Part 3 or 4
(1.2) If a board established under Part 3 or 4 is the body that determines under subsection (1) that the development will not have a significant adverse impact on the environment and will not be a cause of public concern, that board may issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination but that licence, permit or other authorization shall come into force only after the end of that 10-day period and if no referral under subsection 126(2) or (3) has been made during that period.
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.
(2) Section 125 of the Act is amended by adding the following after subsection (2):
Marginal note:Delay
(3) If a body determines under subsection (2) 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,
(a) a regulatory authority, a designated regulatory agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination; or
(b) if no licence, permit or other 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 end of 10 days after the day on which the Review Board receives the report of the determination.
Marginal note:Boards established under Part 3 or 4
(4) If a board established under Part 3 or 4 is the body that determines under subsection (2) 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, that board may issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination but that licence, permit or other authorization shall come into force only after the end of that 10-day period and if no referral under subsection 126(2) or (3) has been made during that period.
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.
Marginal note:2005, c. 1, s. 79
18 Section 129 of the Act is repealed.
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