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Mackenzie Valley Resource Management Act

Version of section 138 from 2019-08-28 to 2024-02-06:


Marginal note:Report by review panel — national interest referral

  •  (1) Within 15 months after the day on which a review panel that is the subject of an agreement entered into under subsection (3) or 138.1(1) is established under subsection 40(2) of the Impact Assessment Act in respect of a proposal for a development that was referred under paragraph 130(1)(c) of this Act, the review panel shall, in addition to satisfying the requirements of paragraph 51(1)(e) of that Act, submit the report of its recommendations 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

    (1.1) The federal Minister may, at the request of the review panel, extend the time limit referred to in subsection (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

    (1.2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (1.1) any number of times.

  • Marginal note:Excluded period

    (1.3) 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 (1) or of its extension.

  • Marginal note:Provisions applicable

    (2) An examination by a review panel referred to in subsection (1) stands in lieu of an environmental impact review and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.

  • Marginal note:Referral — paragraph 130(1)(c)

    (3) If a proposal for a development, other than a proposal to which section 138.1 applies, is referred to the Minister of the Environment under paragraph 130(1)(c), the Review Board shall, within three months after the day on which the proposal was referred to that Minister, enter into an agreement with him or her for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the development’s impact on the environment in accordance with subsection 40(2) of the Impact Assessment Act.

  • Marginal note:Extension of time limit by federal Minister

    (4) The federal Minister may, at the request of the Review Board, 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 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 under subsection (3) or of its extension.

  • 1998, c. 25, s. 138
  • 2005, c. 1, s. 87
  • 2014, c. 2, s. 219
  • 2019, c. 28, s. 166

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