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Mackenzie Valley Resource Management Act (S.C. 1998, c. 25)

Act current to 2020-09-09 and last amended on 2019-08-28. Previous Versions

PART 5Mackenzie Valley Environmental Impact Review Board (continued)

Establishment of Review Board (continued)

Marginal note:Main office

 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.

Marginal note:Acting after expiry of term

  •  (1) If the chairperson of the Review Board is of the opinion that it is necessary for a member of the Review Board to continue to act after the expiry of that member’s term in relation to an environmental assessment, an environment impact review or an examination of impact on the environment that stands in lieu of an environmental impact review, as the case may be, of a proposal for a development, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that proposal until the requirements of this Part in relation to that environmental assessment, environmental impact review or examination have been fulfilled. For the purpose of the appointment of a replacement, the office of the member is deemed to be vacant as soon as their term expires.

  • Marginal note:Request

    (2) The request shall be made at least two months before the day on which the member’s term expires.

  • Marginal note:Deemed acceptance

    (3) If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.

  • 2019, c. 19, s. 14

General Provisions

Marginal note:Purposes

 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

  •  (1) The process established by this Part shall be carried out in a timely and expeditious manner and shall have regard to

    • (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

Marginal note:Considerations

 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:Impact Assessment Act

 The Impact Assessment Act does not apply in the Mackenzie Valley in respect of proposals for developments other than

  • (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
  • 2019, c. 28, s. 188

Marginal note:Scope of developments

  •  (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

  •  (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.

  • Marginal note:Requirements

    (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

 No preliminary screening, environmental assessment or environmental impact review is required to be conducted in relation to a proposal for a development

  • (a) that is carried out in response to a national emergency for which special temporary measures are being taken under the Emergencies Act; or

  • (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.

Marginal note:Guidelines

 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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