Mackenzie Valley Resource Management Act

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).