Consideration of Recommendations and Issuance of Decision Documents
Marginal note:Consideration of accompanying information
74. (1) A decision body considering a recommendation in respect of a project shall give full and fair consideration to scientific information, traditional knowledge and other information that is provided with the recommendation.
Marginal note:First nations without final agreements
(2) A decision body considering a recommendation in respect of a project shall consult a first nation for which no final agreement is in effect if the project is to be located wholly or partly, or might have significant adverse environmental or socio-economic effects, in the first nation’s territory.
Marginal note:Decision on recommendation from designated office, joint panel or review panel
75. (1) Where a designated office, a joint panel or a review panel referred to in section 63 makes a recommendation to a decision body, the decision body shall issue a decision document within the period prescribed by the regulations accepting, rejecting or varying the recommendation.
Marginal note:Approval of Governor in Council
(2) Where a review panel referred to in section 63 makes a recommendation to a federal decision body, the federal decision body need not issue a decision document within the period referred to in subsection (1) and may not issue a decision document unless it has obtained the approval of the Governor in Council.
Marginal note:Decision on recommendation from executive committee or panel of the Board
76. (1) Subject to subsection 59(1), where the executive committee or a panel of the Board makes a recommendation to a decision body, the decision body shall, within the period prescribed by the regulations,
(a) issue a decision document accepting the recommendation; or
(b) refer the recommendation back to the executive committee or the panel for reconsideration by it, unless that recommendation was made in response to a previous referral under this paragraph.
Marginal note:Notice of referral back
(2) When a decision body refers a recommendation back to the executive committee or a panel of the Board for reconsideration, it shall give notice of the referral to every person or body referred to in paragraphs 81(1)(a), (b) and (f) to (i).
Marginal note:Effect of referral back
(3) On being notified under subsection (2),
(a) every other decision body for the project shall discontinue its consideration of the recommendation; and
(b) no person or body required under sections 82 to 88 to implement a decision document already issued shall take any action that would enable the project to be undertaken.
Marginal note:Reconsideration on referral back
77. (1) When it reconsiders a recommendation that is referred back to it under paragraph 76(1)(b), the executive committee and the panel of the Board may exercise the powers and shall perform the duties that they have, respectively, in relation to screenings and reviews.
Marginal note:Time periods
(2) The executive committee or panel of the Board shall make a new recommendation to the decision bodies in respect of the project within the period prescribed by the rules, or else it is deemed to have made the same recommendation that it made at the conclusion of its screening or review.
Marginal note:New recommendation
(3) Every decision body shall, within the period prescribed by the regulations, issue a decision document accepting, rejecting or varying the new recommendation, and that decision document replaces any previous decision document issued by it in respect of the project.
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