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

Act current to 2018-09-26 and last amended on 2017-12-12. Previous Versions

PART 5Mackenzie Valley Environmental Impact Review Board (continued)

Transregional and External Developments (continued)

Marginal note:Transregional impact

 Where a development proposed to be carried out wholly in a region of the Northwest Territories, Yukon or Nunavut adjacent to the Mackenzie Valley, or wholly in a province, might have a significant adverse impact on the environment in the Mackenzie Valley, the Review Board may, with the approval of the federal Minister, enter into an agreement with the authority responsible for the examination of the environmental effects of such developments in that region or province to provide for the participation of the Review Board in the examination of the environmental effects of the development by that authority.

  • 1998, c. 15, s. 48, c. 25, s. 142;
  • 2002, c. 7, s. 207(E).

Public Register

Marginal note:Public register

  •  (1) The Review Board shall maintain at its main office a register convenient for use by the public in which shall be entered the following:

    • (a) all documents that are produced, collected or received by the Review Board, a review panel of the Review Board, a review panel or a joint panel established jointly by the Review Board and any other person or body in relation to any environmental assessment or environmental impact review;

    • (b) any notice it receives under subsection 124(1) or (2); and

    • (c) any report it receives under paragraph 125(1)(a) or (2)(a).

  • Marginal note:Register to be open to inspection

    (2) The register shall be open to inspection by any person during the Review Board’s normal business hours, subject to the payment of any fee prescribed by the regulations.

  • Marginal note:Copies of contents of register

    (3) The Review Board shall, on request and on payment of any fee prescribed by the regulations, make available copies of information contained in the register.

  • Marginal note:Internet access

    (4) The register shall also be made accessible to the public via the Internet.

  • Marginal note:Categories of available information

    (5) Despite any other provision of this Act, the register shall contain information only if

    • (a) it has otherwise been made publicly available; or

    • (b) in the case of a record, the Review Board

      • (i) determines that it would have been disclosed to the public in accordance with the Access to Information Act if a request had been made in respect of that record under that Act at the time the record came under the control of the Review Board, including any record that would be disclosed in the public interest under subsection 20(6) of that Act, or

      • (ii) has reasonable grounds to believe that it would be in the public interest to disclose the record because it is required for the public to participate effectively in a preliminary screening, environmental assessment or environmental impact review, other than any record whose disclosure would be prohibited under section 20 of the Access to Information Act.

  • Marginal note:Applicability of sections 27, 28 and 44 of Access to Information Act

    (6) Sections 27, 28 and 44 of the Access to Information Act apply to any information described in subsection 27(1) of that Act that the Review Board intends to be included in the register with any necessary modifications, including the following:

    • (a) the information is deemed to be a record that the head of a government institution intends to disclose; and

    • (b) any reference to the person who requested access shall be disregarded.

  • 2014, c. 2, s. 224.

Policy Directions

Marginal note:Minister’s policy directions to Review Board

  •  (1) The federal Minister may, after consultation with the Review Board and the Tlicho Government, give written policy directions that are binding on the Review Board or its review panels with respect to the exercise of any of their functions under this Act.

  • Marginal note:Limitation

    (2) Policy directions do not apply in respect of a proposal for a development that, at the time the directions are given, is before the Review Board or one of its review panels.

  • Marginal note:Conflict

    (3) If there is a conflict between policy directions given under this section and the provisions of any Act of Parliament, any regulations made under an Act of Parliament or any territorial law, those provisions prevail to the extent of the conflict.

  • 2014, c. 2, s. 224.


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; and

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

  • Marginal note:Consultation with Review Board

    (2) Regulations may only be made under paragraph (1)(a), (d), (e), (f) or (g), or amended under paragraph (1)(b) or (c), following consultation by the federal Minister with the Review Board.

  • 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 Canadian Environmental Assessment Act, 2012, by virtue of regulations made under paragraph 84(a) of that Act.

  • 1998, c. 25, s. 143;
  • 2005, c. 1, s. 90;
  • 2014, c. 2, s. 226.

Marginal note:Schedule

  •  (1) The Governor in Council may, by regulations made following consultation by the federal Minister with the territorial Minister, the Review Board, the first nations and the Tlicho Government, amend the schedule by adding, or by deleting, the name of any agency, other than a land and water board established by Part 3 or 4, that exercises regulatory powers pursuant to territorial or federal laws and that is not subject to specific control or direction by a minister of the federal or territorial government or the Governor in Council.

  • Marginal note:Exception

    (2) Policy directions of general application governing an agency, or the power to approve, vary or rescind an agency’s decisions, do not constitute specific control or direction for the purposes of subsection (1).

  • 1998, c. 25, s. 144;
  • 2005, c. 1, s. 91.

PART 6Environmental Monitoring and Audit

Marginal note:Definitions

 The definitions in this section apply in this Part.

impact on the environment

répercussions environnementales

impact on the environment has the same meaning as in Part 5. (répercussions environnementales)

responsible authority

autorité compétente

responsible authority means the person or body designated by the regulations as the responsible authority or, in the absence of a designation, the federal Minister. (autorité compétente)

Marginal note:Cumulative environmental impact

 The responsible authority shall, subject to the regulations, analyze data collected by it, scientific data, traditional knowledge and other pertinent information for the purpose of monitoring the cumulative impact on the environment of concurrent and sequential uses of land and water and deposits of waste in the Mackenzie Valley.

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