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

Marginal note:Decision by designated agency

• 131 (1) A designated regulatory agency shall, after considering a report of the Review Board containing a recommendation made under subparagraph 128(1)(b)(ii) or paragraph 128(1)(d),

  • (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 and order an environmental impact review of the proposal.

• Marginal note:Time limit

  (1.1) The designated regulatory agency shall make a decision under subsection (1) within three months after the day on which the agency receives the Review Board’s report of an environmental assessment.

• Marginal note:Time limit — hearings

  (1.2) If the Review Board holds a public hearing during the conduct of the environmental assessment, the time limit referred to in subsection (1.1) is extended to five months.

• Marginal note:Extension of time limit by designated regulatory agency

  (1.3) The designated regulatory agency may extend the time limit referred to in subsection (1.1) or (1.2) 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

  (1.4) The Governor in Council may, on the recommendation of the Minister responsible for the designated regulatory agency, further extend the time limit extended under subsection (1.3) any number of times.

• Marginal note:Time limit — further consideration

  (1.5) If a recommendation is referred back to the Review Board for further consideration under paragraph (1)(a), the time taken for that referral and consideration is included in the calculation of the time limit set out in subsection (1.1) or (1.2) or of its extension.

• Marginal note:Excluded period

  (1.6) If the designated regulatory agency 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 designated regulatory agency’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 (1.1) or (1.2) or of its extension.

• Marginal note:Effect of decision

  (2) A designated regulatory agency shall carry out, to the extent of its authority, any recommendation that it adopts.

• Marginal note:Areas identified

  (3) Where an environmental impact review of a proposal is ordered under subsection (1), the designated regulatory agency shall identify 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:Additional information

  (4) If a designated regulatory agency 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: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.

Environmental Impact Review

Marginal note:Appointment of review panel

• 132 (1) Subject to sections 138 to 141, an environmental impact review of a proposal for a development shall be conducted by a review panel consisting of three or more members appointed by the Review Board, including a chairperson.

• 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.

• Marginal note:Time limit

  (4) The Review Board shall appoint members to a review panel 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 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

  (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 two months to take into account circumstances that are specific to the proposal.

• Marginal note:Extension of time limit by Governor in Council

  (6) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (5) any number of times.

• Marginal note:Excluded period

  (7) 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 Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (4) or of its extension.

Marginal note:Powers and duties of panel

• 133 (1) A review panel may exercise the powers and shall perform the duties of the Review Board in the conduct of an environmental impact review.

• Marginal note:Instructions

  (2) A review panel may issue, with respect to an impact statement referred to in paragraph 134(1)(b), special instructions not inconsistent with any guidelines issued under section 120.

Marginal note:Coordination

133.1 The Review Board shall to the extent possible coordinate any environmental impact review conducted by a review panel of a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley with any examination of the environmental impact of that development conducted by another authority responsible for the examination of environmental effects of the part of the development to be carried out outside the Mackenzie Valley.

Marginal note:Components of review

• 134 (1) An environmental impact review of a proposal for a development includes

  • (a) the preparation by the Review Board of terms of reference for the review panel, after consultation with the responsible ministers, with any first nation affected by the proposal and, if the Board has determined that the development is likely to have a significant adverse impact on the environment, or to be a cause of significant public concern, in Monfwi Gogha De Niitlee, with the Tlicho Government;

  • (b) the submission of an impact statement by the applicant for a licence, permit or other authorization or such other person or body as proposes to carry out the development, and its distribution in accordance with any guidelines issued under section 120 and any special instructions issued under subsection 133(2);

  • (c) public notification, in accordance with any such guidelines, of the submission of the impact statement;

  • (d) such analysis of the proposal as the review panel considers appropriate; and

  • (e) public consultations or hearings in communities that will be affected by the development.

• Marginal note:Time limit — terms of reference

  (1.1) The Review Board shall fix the terms of reference for the review panel 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 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

  (1.2) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (1.1) 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

  (1.3) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (1.2) any number of times.

• Marginal note:Excluded period

  (1.4) 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 Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (1.1) or of its extension.

• Marginal note:Report

  (2) A review panel shall issue a report containing a summary of comments received from the public, an account of the panel’s analysis, the conclusions of the panel and its recommendation whether the proposal for the development be approved, with or without mitigative or remedial measures or a follow-up program, or rejected.

• Marginal note:Review panel’s report

  (3) Within 15 months after the first day on which both the members of the panel are appointed and the terms of reference are established, the report of a review panel shall be submitted 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) the Tlicho Government, if the development is to be carried out wholly or partly on Tlicho lands.

• Marginal note:Extension of time limit by federal Minister

  (4) The federal Minister may, at the request of the review 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

  (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 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 (3) or of its extension.

• Marginal note:Copy of report

  (7) A copy of the report of a review panel shall be provided to

  • (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; and

  • (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.