Mackenzie Valley Resource Management Act

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 include, in addition to members of the Review Board, persons having particular expertise related to the development, and section 16 applies to any such member.

• Marginal note:Representation on review panel

  (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 first nations; and

  • (b) members not so appointed, other than the chairperson.

• Marginal note:First nation nominees

  (4) In an environmental impact review of a proposal for a development to be carried out wholly or partly in a settlement area, the members of the Review Board appointed to the review panel shall, unless otherwise agreed by the first nation and the federal Minister, include members nominated to the panel by the Gwich’in or Sahtu First Nation, as the case may be, which members must comprise

  • (a) half the members of the panel other than the chairperson, where it has been determined that the significant adverse impact referred to in subsection 128(4), 130(2) or 131(3), or the cause of the significant public concern referred to in that subsection, will be wholly within the first nation’s settlement area;

  • (b) at least two of the members of the panel, where it has been determined that the significant adverse impact or the cause of significant public concern will be predominantly within the first nation’s settlement area; and

  • (c) at least one member of the panel, where it has been determined that the significant adverse impact or the cause of significant public concern will be partially but not predominantly within the first nation’s settlement area.