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Mackenzie Valley Resource Management Act

Version of section 143 from 2019-08-28 to 2024-05-28:


Marginal note:Regulations

  •  (1) The Governor in Council may, following consultation by the federal Minister with the territorial Minister, first nations and the Tlicho Government, make regulations for carrying out the purposes and provisions of this Part and, in particular, regulations

    • (a) prescribing procedures in relation to preliminary screenings, environmental assessments and environmental impact reviews generally, including

      • (i) limits on the time for making any decision or recommendation, including a decision of a responsible minister, and

      • (ii) the form and content of reports required by this Part;

    • (b) specifying the federal and territorial laws in respect of which preliminary screenings of proposals must be conducted by regulatory authorities and designated regulatory agencies before the issuance of licences, permits or other authorizations;

    • (c) exempting any development or class of development from a preliminary screening for a reason referred to in paragraph 124(1)(a) or (b);

    • (d) prescribing the form of the register to be maintained by the Review Board under section 142.1 and the information to be entered in it, and respecting the fees, if any, to be paid to examine the register or to obtain copies from it;

    • (e) fixing a period for the purposes of subsection 138.1(2) and respecting mediation referred to in that subsection;

    • (f) fixing the period within which a matter may be referred to arbitration under subsection 138.1(3) and respecting arbitration under that subsection;

    • (g) fixing a period for the purposes of subsections 138.1(4) and 141(4);

    • (h) respecting the recovery of amounts and costs for the purposes of section 142.01, including prescribing the amounts, services and period for the purposes of that section and exempting any class of person or body that proposes to carry out the development from the application of that section; and

    • (i) establishing requirements respecting any consultation that may be undertaken under this Part, whether or not it is expressly provided for, with a first nation, the Tlicho First Nation, the Tlicho Government or an Aboriginal people who uses an area outside the Mackenzie Valley, including the manner in which it is to be conducted, and providing for the delegation of certain procedural aspects of that consultation.

  • Marginal note:Consultation with Review Board

    (2) Regulations may only be made under any of paragraphs (1)(a) and (d) to (i), and regulations made under paragraph (1)(b) or (c) may only be amended, following consultation by the federal Minister with the Review Board.

  • Marginal note:Consultation with boards established under Parts 3 and 4

    (2.1) In addition, the federal Minister shall consult the boards established under Parts 3 and 4 before making or amending any regulations under paragraph (1)(i) that relate to any consultation undertaken by one of those boards in relation to a preliminary screening.

  • Marginal note:Exemptions

    (3) No development is to be exempted for a reason set out in paragraph 124(1)(b) if it is a designated project or belongs to a class of designated projects, within the meaning of the Impact Assessment Act, by virtue of regulations made under paragraph 109(1)(b) of that Act.

  • 1998, c. 25, s. 143
  • 2005, c. 1, s. 90
  • 2014, c. 2, s. 226
  • 2019, c. 19, s. 32
  • 2019, c. 28, s. 169

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