Northwest Territories Devolution Act (S.C. 2014, c. 2)

Marginal note:2005, c. 1, s. 87

• 219. (1) The portion of subsection 138(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Report by review panel — national interest referral

  • 138. (1) Within 15 months after the day on which a review panel, that is the subject of an agreement entered into under subsection (3) or 138.1(1), is established under subsection 41(2) of the Canadian Environmental Assessment Act, 2012 in respect of a proposal for a development that was referred under paragraph 130(1)(c) of this Act shall, in addition to satisfying the requirements of paragraph 43(1)(e) of that Act, submit the report of its recommendations to

• (2) Section 138 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Extension of time limit by federal Minister

    (1.1) The federal Minister may, at the request of the review panel, extend the time limit referred to in subsection (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

    (1.2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (1.1) any number of times.

  • Marginal note:Excluded period

    (1.3) If the review panel 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 panel’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (1) or of its extension.

• Marginal note:2005, c. 1, s. 87

  (3) Subsection 138(2) of the Act is replaced by the following:

  • Marginal note:Provisions applicable

    (2) An examination by a review panel referred to in subsection (1) stands in lieu of an environmental impact review and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 and 137.4 apply, with any modifications that are required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.

• (4) The Act is amended by adding the following after subsection 138(2):

  • Marginal note:Referral — paragraph 130(1)(c)

    (3) If a proposal for a development, other than a proposal to which section 138.1 applies, is referred to the Minister of the Environment under paragraph 130(1)(c), the Review Board shall, within three months after the day on which the proposal was referred to that Minister, enter into an agreement with him or her for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the development’s impact on the environment in accordance with subsection 41(2) of the Canadian Environmental Assessment Act, 2012.

  • Marginal note:Extension of time limit by federal Minister

    (4) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (3) 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

    (5) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (4) any number of times.

  • Marginal note:Excluded period

    (6) 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 under subsection (3) or of its extension.

Marginal note:2005, c. 1, s. 87

220. Subsection 138.1(1) of the Act is replaced by the following:

Marginal note:2005, c. 1, s. 87

221. Section 139 of the Act is repealed.

• 222. (1) Section 140 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Time limit

    (2.1) Any agreement under paragraph (2)(b) shall be entered into within three months after the day on which the Review Board is advised, as the case may be,

    • (a) of an order for an environmental impact review under subparagraph 130(1)(b)(ii) or paragraph 131(1)(b); or

    • (b) in accordance with subsection 130(4.07), that the proposal has not been referred to the Minister of the Environment.

  • 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 (2.1) 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 under subsection (2.1) or of its extension.

  • Marginal note:Environmental impact review

    (2.5) Despite subsections (2.1) to (2.4), if, within the time limit set out in those subsections, an agreement has not been entered into under paragraph (2)(b), a panel of the Review Board shall conduct an environmental impact review of the development.

• Marginal note:2005, c. 1, s. 88

  (2) The portion of subsection 140(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Joint panel’s report

    (3) Within 15 months after the day on which a joint panel is established under paragraph (2)(b), the panel shall make a report of its recommendations to

• (3) Section 140 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Extension of time limit by federal Minister

    (3.1) The federal Minister may, at the request of the joint panel, extend the time limit referred to in subsection (3) 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

    (3.2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (3.1) any number of times.

  • Marginal note:Excluded period

    (3.3) If the joint panel 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 joint panel’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (3) or of its extension.

• Marginal note:2005, c. 1, s. 88

  (4) Subsection 140(4) of the Act is replaced by the following:

  • Marginal note:Provisions applicable

    (4) An examination by a joint panel established under subsection (2) stands in lieu of an environmental impact review of the proposal and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 and 137.4 apply, with any modifications that are required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.

• 223. (1) Paragraph 141(2)(a) of the Act is replaced by the following:

  • (a) enter into an agreement with the Minister of the Environment in accordance with subsection 40(1) of the Canadian Environmental Assessment Act, 2012 to provide for an examination by a review panel, if that Act applies in respect of the development in the region or province referred to in subsection (1); and

• (2) Section 141 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Time limit

    (2.1) An agreement made under paragraph (2)(a), or an agreement made under paragraph (2)(b) that provides for an examination by a joint panel, shall be entered into within three months after the day on which the Review Board is advised, as the case may be,

    • (a) of an order for an environmental impact review made under paragraph 130(1)(a), subparagraph 130(1)(b)(ii) or paragraph 131(1)(b); or

    • (b) in accordance with subsection 130(4.07), that the proposal has not been referred to the Minister of the Environment.

  • 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 (2.1) 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 under subsection (2.1) or of its extension.

  • Marginal note:Environmental impact review

    (2.5) Despite subsections (2.1) to (2.4), if, within the time limit set out in those subsections, an agreement has not been entered into under paragraph (2)(b), a panel of the Review Board shall conduct an environmental impact review of the development, but the review shall be limited to the part of the development to be carried out in the Mackenzie Valley.

• Marginal note:2005, c. 1, s. 89(2)

  (3) Paragraph 141(3)(b) of the Act is replaced by the following:

  • (b) with the Minister of the Environment if that Minister is authorized under subsection 40(1) of the Canadian Environmental Assessment Act, 2012 to enter into such an agreement.

• Marginal note:2005, c. 1, s. 89(2)

  (4) The portion of subsection 141(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Report — review panel or joint panel

    (5) Within 15 months after the day on which a review panel or joint panel is established by an agreement referred to in subsection (2) or (3), the panel shall make a report of its examination to

• (5) Section 141 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Extension of time limit by federal Minister

    (5.1) The federal Minister may, at the request of the review panel or joint panel, extend the time limit referred to in subsection (5) 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

    (5.2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (5.1) any number of times.

  • Marginal note:Excluded period

    (5.3) If the review panel or joint panel 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 panel’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (5) or of its extension.

• Marginal note:2005, c. 1, s. 89(2)

  (6) Subsection 141(6) of the Act is replaced by the following:

  • Marginal note:Provisions applicable

    (6) An examination by a review panel or joint panel referred to in subsection (2) or (3) stands in lieu of an environmental impact review of the proposal referred to in that subsection and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 and 137.4 apply, with any modifications that are required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.