Mackenzie Valley Resource Management Act (S.C. 1998, c. 25)

Environmental Assessment

Marginal note:Referral on preliminary screening

• 126 (1) The Review Board shall conduct an environmental assessment of a proposal for a development that is referred to the Review Board following a preliminary screening pursuant to section 125.

• Marginal note:Referral from department, agency, first nation or local government

  (2) Notwithstanding any determination on a preliminary screening, the Review Board shall conduct an environmental assessment of a proposal for a development that is referred to it by

  • (a) a regulatory authority, designated regulatory agency or department or agency of the federal or territorial government;

  • (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.

• Marginal note:Review Board’s own motion

  (3) Notwithstanding any determination on a preliminary screening, the Review Board may conduct an environmental assessment of a proposal for a development on its own motion.

• 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.

• Marginal note:Notice

  (5) The Review Board shall give notice of a referral of a proposal under subsection (2), or of its decision to conduct an environmental assessment under subsection (3), to the person or body that proposes to carry out the development.

Marginal note:Application of EARP Order and CEAA

127 In an environmental assessment of a proposal for a development, the Review Board shall take into account any report made in relation to that proposal before the coming into force of this Part pursuant to the Environmental Assessment and Review Process Guidelines Order, approved by Order in Council P.C. 1984-2132 of June 21, 1984, and registered as SOR/84-467, or pursuant to the Canadian Environmental Assessment Act.

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.

Marginal note:Assessment by Review Board

• 128 (1) On completing an environmental assessment of a proposal for a development, the Review Board shall,

  • (a) where the development is not likely in its opinion to have any significant adverse impact on the environment or to be a cause of significant public concern, determine that an environmental impact review of the proposal need not be conducted;

  • (b) where the development is likely in its opinion to have a significant adverse impact on the environment,

    • (i) order that an environmental impact review of the proposal be conducted, subject to paragraph 130(1)(c), or

    • (ii) recommend that the approval of the proposal be made subject to the imposition of such measures as it considers necessary to prevent the significant adverse impact;

  • (c) where the development is likely in its opinion to be a cause of significant public concern, order that an environmental impact review of the proposal be conducted, subject to paragraph 130(1)(c); and

  • (d) where the development is likely in its opinion to cause an adverse impact on the environment so significant that it cannot be justified, recommend that the proposal be rejected without an environmental impact review.

• Marginal note:Review Board’s report

  (2) The Review Board shall, within nine months after the day on which a proposal is referred to it under section 125 or subsection 126(2) or the day on which it starts to conduct an assessment under subsection 126(3), complete its environmental assessment and make a report of that 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.

• Marginal note:Time limit — hearings

  (2.1) If the Review Board holds a public hearing during the conduct of the environmental assessment, the time limit referred to in subsection (2) is extended to 16 months.

• 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) or (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 or of its extension.

• Marginal note:Copies of report

  (3) The Review Board shall provide a copy of its report to any body that conducted a preliminary screening of the proposal, to any body that referred the proposal to the Review Board under subsection 126(2) and to the person or body that proposes to carry out the development.

• Marginal note:Areas identified

  (4) The Review Board shall identify in its report any area within or outside the Mackenzie Valley in which the development is likely, in its opinion, to have a significant adverse impact or to be a cause of significant public concern and specify the extent to which that area is affected.

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.

Marginal note:Decision by ministers

• 130 (1) After considering the report of an environmental assessment, the federal Minister and the responsible ministers to whom the report was distributed may agree

  • (a) to order an environmental impact review of a proposal, notwithstanding a determination under paragraph 128(1)(a);

  • (b) where a recommendation is made under subparagraph 128(1)(b)(ii) or paragraph 128(1)(d),

    • (i) to adopt the recommendation or refer it back to the Review Board for further consideration, or

    • (ii) after consulting the Review Board, to adopt the recommendation with modifications or reject it and order an environmental impact review of the proposal; or

  • (c) irrespective of the determination in the report, to refer the proposal to the Minister of the Environment, following consultation with that Minister, for the purpose of a joint review under the Impact Assessment Act, if the federal Minister and the responsible ministers determine that it is in the national interest to do so.

• 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

  • (a) the Gwich’in First Nation, if the development is to be carried out wholly or partly on its first nation lands, as defined in section 51;

  • (b) the Sahtu First Nation, if the development is to be carried out wholly or partly on its first nation lands, as defined in section 51; and

  • (c) the Tlicho Government, if the development is to be carried out wholly or partly on Tlicho lands.

• Marginal note:Areas identified

  (2) Where an environmental impact review of a proposal is ordered under subsection (1), the federal Minister and responsible ministers shall identify any area within or outside the Mackenzie Valley in which the development is likely, in their opinion, to have a significant adverse impact or to be a cause of significant public concern and specify the extent to which that area is affected.

• Marginal note:Additional information

  (3) If the federal Minister and responsible ministers consider any new information that was not before the Review Board, or any matter of public concern 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:Distribution of decision

  (4) The federal Minister shall distribute a decision made under this section to the Review Board and to every first nation, local government, regulatory authority and department and agency of the federal or territorial government affected by the decision.

• Marginal note:Time limits

  (4.01) The federal Minister shall distribute a decision made under this section within three months after the day on which the federal Minister receives the Review Board’s report of an environmental assessment.

• Marginal note:Time limit — hearings

  (4.02) If the Review Board holds a public hearing during the conduct of the environmental assessment, the time limit referred to in subsection (4.01) is extended to five months.

• Marginal note:Extension of time limit by federal Minister

  (4.03) The federal Minister may extend the time limit referred to in subsection (4.01) or (4.02) 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

  (4.04) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (4.03) any number of times.

• Marginal note:Time limit — further consideration

  (4.05) If a recommendation is referred back to the Review Board for further consideration under subparagraph (1)(b)(i), the time taken for that referral and consideration is included in the calculation of the time limit set out in subsection (4.01) or (4.02) or of its extension.

• Marginal note:Excluded period

  (4.06) If the federal Minister or 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 federal Minister’s or the Review Board’s opinion, as the case may be, to comply with the requirement is not included in the calculation of the time limit under subsection (4.01) or (4.02) or of its extension.

• Marginal note:Notification — paragraph (1)(c)

  (4.07) If, following an order by the Review Board that an environmental impact review of a proposal be conducted, the federal Minister and the responsible ministers do not refer a proposal to the Minister of the Environment under paragraph (1)(c), the federal Minister shall so advise the Review Board in writing within three months after the day on which the federal Minister receives the Review Board’s report of an environmental assessment.

• Marginal note:Time limit — hearings

  (4.08) If the Review Board holds a public hearing during the conduct of the environmental assessment, the time limit referred to in subsection (4.07) is extended to five months.

• Marginal note:Extension of time limit by federal Minister

  (4.09) The federal Minister may extend the time limit referred to in subsection (4.07) or (4.08) 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

  (4.1) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (4.09) any number of times.

• 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.