Mackenzie Valley Resource Management Act

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.