PART 5Mackenzie Valley Environmental Impact Review Board (continued)
Transregional and External Developments (continued)
Marginal note:Transregional impact
142 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)
Marginal note:Obligation to pay
142.01 (1) The person or body that proposes to carry out the development shall pay to the federal Minister the following amounts and costs relating to an environmental assessment, an environmental impact review or an examination — carried out by a review panel, or a joint panel, established jointly by the Review Board and any other person or body — that stands in lieu of an environmental impact review:
(a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Review Board or its members or of members of the Review Board’s review panels or of a review panel or a joint panel;
(b) any costs incurred by the Review Board for services that are prescribed by the regulations and that are provided to it by a third party; and
(c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister.
(2) For the purposes of subsection (1), the services, powers, duties or functions described in that subsection are limited to those provided, exercised or performed
(a) during the period that begins when a proposed development is referred to the Review Board under section 125, or when a person or body that proposes to carry out a development is given notice under subsection 126(5), and ends when a copy of the final decision under the process set out in this Part is issued to that person or body; or
(b) during any period prescribed by the regulations that is within the period referred to in paragraph (a).
Marginal note:Debt due to Her Majesty
(3) The amounts and costs that a person or body that proposes to carry out a development is to pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
- 2019, c. 19, s. 30
Marginal note:Public register
(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:
- 2014, c. 2, s. 224
Marginal note:Minister’s policy directions to Review Board
142.2 (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.
(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.
(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
143 (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
(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.
(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
- Date modified: