PART 5Mackenzie Valley Environmental Impact Review Board (continued)
Interpretation and Application (continued)
Marginal note:Federal Minister — powers, duties and functions
111.1 The federal Minister shall exercise the powers and perform the duties and functions of any responsible minister who is a minister of the Crown in right of Canada for the purposes of subsections 130(1) to (3) and sections 131.2, 135 and 137.2.
- 2014, c. 2, s. 199.
Establishment of Review Board
Marginal note:Review Board established
Marginal note:Nominations by first nations and the Tlicho Government
(2) One half of the members of the Review Board other than the chairperson shall be persons appointed on the nomination of first nations and the Tlicho Government, including at least one nominated by the Gwich’in First Nation, one nominated by the Sahtu First Nation and one nominated by the Tlicho Government.
Marginal note:Government members
(3) Of the members of the Review Board other than the chairperson and those appointed in accordance with subsection (2), at most one half shall be nominated by the territorial Minister.
(4) A quorum of the Review Board consists of five members, including two of the members appointed in accordance with subsection (2) and two of the members not so appointed other than the chairperson.
- 1998, c. 25, s. 112;
- 2005, c. 1, s. 66.
Marginal note:Main office
113 The main office of the Review Board shall be at Yellowknife or at such other place in the Mackenzie Valley as is designated by the Governor in Council.
114 The purpose of this Part is to establish a process comprising a preliminary screening, an environmental assessment and an environmental impact review in relation to proposals for developments, and
(a) to establish the Review Board as the main instrument in the Mackenzie Valley for the environmental assessment and environmental impact review of developments;
(b) to ensure that the impact on the environment of proposed developments receives careful consideration before actions are taken in connection with them; and
(c) to ensure that the concerns of aboriginal people and the general public are taken into account in that process.
Marginal note:Guiding principles
(a) the protection of the environment from the significant adverse impacts of proposed developments;
(b) the protection of the social, cultural and economic well-being of residents and communities in the Mackenzie Valley; and
(c) the importance of conservation to the well-being and way of life of the aboriginal peoples of Canada to whom section 35 of the Constitution Act, 1982 applies and who use an area of the Mackenzie Valley.
Marginal note:Consideration of previous assessment activities
(2) A person or body conducting a preliminary screening, an environmental assessment, an environmental impact review or an examination of impacts on the environment that stands in lieu of an environmental impact review in respect of a proposed development shall consider, and may rely on, any assessment activities previously carried out under this Part in respect of that development.
- 1998, c. 25, s. 115;
- 2005, c. 1, s. 67;
- 2014, c. 2, s. 201.
115.1 In exercising its powers, the Review Board shall consider any traditional knowledge and scientific information that is made available to it.
- 2005, c. 1, s. 68.
Marginal note:Canadian Environmental Assessment Act, 2012
(a) proposals referred to the Minister of the Environment pursuant to paragraph 130(1)(c), to the extent provided by that Act; or
(b) proposals that are the subject of agreements referred to in paragraph 141(2)(a) or (3)(b), to the extent provided by such agreements.
- 1998, c. 25, s. 116;
- 2005, c. 1, s. 69;
- 2014, c. 2, s. 202.
Marginal note:Scope of developments
117 (1) Every environmental assessment of a proposal for a development shall include a determination by the Review Board of the scope of the development, subject to any guidelines made under section 120.
Marginal note:Factors to be considered
(2) Every environmental assessment and environmental impact review of a proposal for a development shall include a consideration of
(a) the impact of the development on the environment, including the impact of malfunctions or accidents that may occur in connection with the development and any cumulative impact that is likely to result from the development in combination with other developments;
(b) the significance of any such impact;
(c) any comments submitted by members of the public in accordance with the regulations or the rules of practice and procedure of the Review Board;
(d) where the development is likely to have a significant adverse impact on the environment, the need for mitigative or remedial measures; and
(e) any other matter, such as the need for the development and any available alternatives to it, that the Review Board or any responsible minister, after consulting the Review Board, determines to be relevant.
Marginal note:Additional factors
(3) An environmental impact review of a proposal for a development shall also include a consideration of
(a) the purpose of the development;
(b) alternative means, if any, of carrying out the development that are technically and economically feasible, and the impact on the environment of such alternative means;
(c) the need for any follow-up program and the requirements of such a program; and
(d) the capacity of any renewable resources that are likely to be significantly affected by the development to meet existing and future needs.
Marginal note:Joint panels
(4) Subsections (2) and (3) apply in respect of an examination of a proposal for a development by a review panel, or a joint panel, established jointly by the Review Board and any other person or body.
- 1998, c. 25, s. 117;
- 2005, c. 1, s. 70.
Marginal note:Issuance of licence, permit or other authorization
118 (1) A licence, permit or other authorization required for the carrying out of a development shall not be issued under any federal, territorial, Tlicho or Déline law unless the requirements of this Part have been complied with in relation to the development.
(2) If the Gwich’in or Sahtu First Nation, the Tlicho Government, the Déline Got’ine Government, a local government or a department or agency of the federal or territorial government proposes to carry out a development that does not require a licence, permit or other authorization under any federal, territorial, Tlicho or Déline law, it shall comply with the requirements of this Part before taking any irrevocable action in relation to the development.
- 1998, c. 25, s. 118;
- 2005, c. 1, s. 71;
- 2015, c. 24, s. 38.
Marginal note:Emergencies excluded
119 No preliminary screening, environmental assessment or environmental impact review is required to be conducted in relation to a proposal for a development
(b) that is carried out in response to an emergency in circumstances such that it is in the interest of protecting property or the environment or in the interest of public welfare, health or safety to carry out the proposal forthwith.
120 Following consultation with first nations, the Tlicho Government and the federal and territorial Ministers and subject to any regulations made under paragraph 143(1)(a), the Review Board may establish guidelines respecting the process established by this Part, including guidelines
(a) for the determination of the scope of developments by the Review Board;
(b) for the form and content of reports made under this Part; and
(c) for the submission and distribution of environmental impact statements and for public notification of such submission pursuant to paragraphs 134(1)(b) and (c).
- 1998, c. 25, s. 120;
- 2005, c. 1, s. 72.
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