Northwest Territories Devolution Act (S.C. 2014, c. 2)
Full Document:
Assented to 2014-03-25
201. Section 115 of the Act is renumbered as subsection 115(1) and is amended by adding the following:
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.
202. The portion of section 116 of the Act before paragraph (a) is replaced by the following:
Marginal note:Canadian Environmental Assessment Act, 2012
116. The Canadian Environmental Assessment Act, 2012 does not apply in the Mackenzie Valley in respect of proposals for developments other than
203. The Act is amended by adding the following after section 117:
Marginal note:Prohibition — person or body carrying out development
117.1 (1) The person or body that proposes to carry out a development shall not carry it out, in whole or in part, unless
(a) the person or body receives a notice under subsection 124(1.1) in respect of the development;
(b) the development is exempted from preliminary screening under subsection 124(2);
(c) the person or body receives a copy of a report under subsection 125(6) stating that the development will not be a cause of public concern and either will not have a significant adverse impact on the environment or, in the case of a proposed development that is wholly within the boundaries of a local government, is unlikely to have a significant adverse impact on air, water or renewable resources;
(d) in the case of a proposal for a development that is the subject of an environmental assessment under section 126, the person or body carries it out in accordance with the conditions included in a development certificate issued under section 131.3, or an amended certificate issued under subsection 142.21(17), with respect to that development; or
(e) in the case of a proposal for a development that is the subject of an environmental impact review under section 132, or an examination under section 138, 140 or 141, the person or body carries it out in accordance with the conditions included in a development certificate issued under section 137.4, or an amended certificate issued under subsection 142.21(17), with respect to that development.
Marginal note:No contravention
(2) A person or body who carries out a development, in whole or in part, is not in contravention of subsection (1) if it is carried out within the period
(a) starting on the day on which
(i) the person or body receives a notice under subsection 124(1.1) with respect to the development,
(ii) the development is exempted from preliminary screening under subsection 124(2), or
(iii) the person or body receives a copy of a report under subsection 125(6) containing the conclusions set out in paragraph (1)(c) with respect to the development, and
(b) ending on the day on which that person or body receives notice of a referral to an environmental assessment under subsection 126(5).
Marginal note:Exception
(3) Subsection (1) does not apply if section 119 applies.
204. (1) Section 124 of the Act is amended by adding the following after subsection (1):
Marginal note:Notice of exemption
(1.1) If the development is exempted from preliminary screening for a reason referred to in paragraph (1)(a) or (b), the regulatory authority or designated regulatory agency shall so notify the person or body that proposes to carry out the development in writing.
Marginal note:2005, c. 1, s. 75(2)
(2) Subsection 124(4) of the Act is replaced by the following:
Marginal note:Cooperation
(4) If more than one body conducts a preliminary screening of a proposal for a development, any of them may consult the others, adopt another’s report or participate in a joint preliminary screening and, if one of them is the Mackenzie Valley Land and Water Board, the others are not required to conduct a preliminary screening.
205. (1) Section 125 of the Act is amended by adding the following after subsection (1):
Marginal note:Delay
(1.1) If the body determines under subsection (1) that the development will not have a significant adverse impact on the environment and will not be a cause of public concern,
(a) a regulatory authority, a designated regulatory agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination; or
(b) if no licence, permit or other authorization is required under any federal, territorial or Tlicho law for the development, the person or body that proposes to carry it out shall not proceed before the end of 10 days after the day on which the Review Board receives the report of the determination.
Marginal note:Mackenzie Valley Land and Water Board
(1.2) If the Mackenzie Valley Land and Water Board is the body that determines under subsection (1) that the development will not have a significant adverse impact on the environment and will not be a cause of public concern, that Board may issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination but that licence, permit or other authorization shall come into force only after the end of that 10-day period and if no referral under subsection 126(2) or (3) has been made during that period.
Marginal note:Computation of time
(1.3) If more than one body conducts a preliminary screening in respect of a development and they each determine that the development will not have a significant adverse impact on the environment and will not be a cause of public concern, the 10-day period referred to in subsections (1.1) and (1.2) begins after the day on which the Review Board receives the last of their reports of determination.
(2) Section 125 of the Act is amended by adding the following after subsection (2):
Marginal note:Delay
(3) If a body determines under subsection (2) that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern,
(a) a regulatory authority, a designated regulatory agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination; or
(b) if no licence, permit or other authorization is required under any federal, territorial or Tlicho law for the development, the person or body that proposes to carry it out shall not proceed before the end of 10 days after the day on which the Review Board receives the report of the determination.
Marginal note:Mackenzie Valley Land and Water Board
(4) If the Mackenzie Valley Land and Water Board is the body that determines under subsection (2) that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern, that Board may issue a licence, permit or other authorization, as the case may be, before the end of 10 days after the day on which the Review Board receives the report of the determination but that licence, permit or other authorization shall come into force only after the end of that 10-day period and if no referral under subsection 126(2) or (3) has been made during that period.
Marginal note:Computation of time
(5) If more than one body conducts a preliminary screening in respect of a development and they each determine that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern, the 10-day period referred to in subsections (3) and (4) begins after the day on which the Review Board receives the last of their reports of determination.
Marginal note:Copy of report
(6) A body that conducts a preliminary screening of a proposal shall provide a copy of its report to the person or body that proposes to carry out the development.
Marginal note:2005, c. 1, s. 78(1)
206. Subsection 128(2) of the Act is replaced by the following:
Marginal note:Review Board’s report
(2) The Review Board shall, within nine months after the day on which a proposal is referred to it under section 125 or subsection 126(2) or the day on which it starts to conduct an assessment under subsection 126(3), complete its environmental assessment and make a report of that assessment to
(a) the federal Minister, who shall distribute it to every responsible minister;
(b) any designated regulatory agency from which a licence, permit or other authorization is required for the carrying out of the development; and
(c) if the development is to be carried out wholly or partly on Tlicho lands, the Tlicho Government.
Marginal note:Time limit — hearings
(2.1) If the Review Board holds a public hearing during the conduct of the environmental assessment, the time limit referred to in subsection (2) is extended to 16 months.
Marginal note:Extension of time limit by federal Minister
(2.2) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (2) or (2.1) by a maximum of two months to take into account circumstances that are specific to the proposal.
Marginal note:Extension of time limit by Governor in Council
(2.3) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (2.2) any number of times.
Marginal note:Excluded period
(2.4) If the Review Board requires the person or body that proposes to carry out the development to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the Review Board’s opinion, to comply with the requirement is not included in the calculation of the time limit or of its extension.
Marginal note:2005, c. 1, s. 79
207. Section 129 of the Act is repealed.
208. (1) Paragraph 130(1)(c) of the Act is replaced by the following:
(c) irrespective of the determination in the report, to refer the proposal to the Minister of the Environment, following consultation with that Minister, for the purpose of a joint review under the Canadian Environmental Assessment Act, 2012, if the federal Minister and the responsible ministers determine that it is in the national interest to do so.
Marginal note:2005, c. 1, s. 80(1)
(2) Subsection 130(1.1) of the Act is replaced by the following:
Marginal note:Consultation
(1.1) Before making an order under paragraph (1)(a) or a referral under paragraph (1)(c), the federal Minister and the responsible ministers shall consult
(a) the Gwich’in First Nation, if the development is to be carried out wholly or partly on its first nation lands, as defined in section 51;
(b) the Sahtu First Nation, if the development is to be carried out wholly or partly on its first nation lands, as defined in section 51; and
(c) the Tlicho Government, if the development is to be carried out wholly or partly on Tlicho lands.
(3) Section 130 of the Act is amended by adding the following after subsection (4):
Marginal note:Time limits
(4.01) The federal Minister shall distribute a decision made under this section within three months after the day on which the federal Minister receives the Review Board’s report of an environmental assessment.
Marginal note:Time limit — hearings
(4.02) If the Review Board holds a public hearing during the conduct of the environmental assessment, the time limit referred to in subsection (4.01) is extended to five months.
Marginal note:Extension of time limit by federal Minister
(4.03) The federal Minister may extend the time limit referred to in subsection (4.01) or (4.02) by a maximum of two months to take into account circumstances that are specific to the proposal.
Marginal note:Extension of time limit by Governor in Council
(4.04) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (4.03) any number of times.
Marginal note:Time limit — further consideration
(4.05) If a recommendation is referred back to the Review Board for further consideration under subparagraph (1)(b)(i), the time taken for that referral and consideration is included in the calculation of the time limit set out in subsection (4.01) or (4.02) or of its extension.
Marginal note:Excluded period
(4.06) If the federal Minister or the Review Board requires the person or body that proposes to carry out the development to provide information, or collect information or undertake a study with respect to the development, then the period that is taken by that person or body, in the federal Minister’s or the Review Board’s opinion, as the case may be, to comply with the requirement is not included in the calculation of the time limit under subsection (4.01) or (4.02) or of its extension.
Marginal note:Notification — paragraph (1)(c)
(4.07) If, following an order by the Review Board that an environmental impact review of a proposal be conducted, the federal Minister and the responsible ministers do not refer a proposal to the Minister of the Environment under paragraph (1)(c), the federal Minister shall so advise the Review Board in writing within three months after the day on which the federal Minister receives the Review Board’s report of an environmental assessment.
Marginal note:Time limit — hearings
(4.08) If the Review Board holds a public hearing during the conduct of the environmental assessment, the time limit referred to in subsection (4.07) is extended to five months.
Marginal note:Extension of time limit by federal Minister
(4.09) The federal Minister may extend the time limit referred to in subsection (4.07) or (4.08) by a maximum of two months to take into account circumstances that are specific to the proposal.
Marginal note:Extension of time limit by Governor in Council
(4.1) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (4.09) any number of times.
Marginal note:2005, c. 1, s. 80(2)
(4) Subsection 130(5) of the French version of the Act is replaced by the following:
Marginal note:Mise en oeuvre
(5) Les premières nations, administrations locales, autorités administratives, ministères et organismes visés au paragraphe (4) sont tenus de se conformer à la décision ministérielle dans la mesure de leur compétence. La mise en oeuvre de celle-ci incombe au ministre fédéral et aux ministres compétents.
(5) Subsection 130(5) of the Act is replaced by the following:
Marginal note:Effect of decision
(5) The federal Minister and responsible ministers shall carry out a decision made under this section to the extent of their respective authorities. A first nation, local government, regulatory authority or department or agency of the federal or territorial government affected by a decision made under this section shall act in conformity with the decision, including by implementing the conditions set out in a development certificate issued under section 131.3, or an amended certificate issued under subsection 142.21(17), in relation to the proposed development, to the extent of their respective authorities.
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