Tlicho Land Claims and Self-Government (S.C. 2005, c. 1)
Full Document:
Assented to 2005-02-15
83. The Act is amended by adding the following after section 133:
Marginal note:Coordination
133.1 The Review Board shall to the extent possible coordinate any environmental impact review conducted by a review panel of a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley with any examination of the environmental impact of that development conducted by another authority responsible for the examination of environmental effects of the part of the development to be carried out outside the Mackenzie Valley.
84. (1) Paragraph 134(1)(a) of the Act is replaced by the following:
(a) the preparation by the Review Board of terms of reference for the review panel, after consultation with the responsible ministers, with any first nation affected by the proposal and, if the Board has determined that the development is likely to have a significant adverse impact on the environment, or to be a cause of significant public concern, in Monfwi Gogha De Niitlee, with the Tlicho Government;
(2) Subsection 134(3) of the Act is replaced by the following:
Marginal note:Submission to ministers, agencies and Tlicho Government
(3) The report of a review panel shall be submitted 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) the Tlicho Government, if the development is to be carried out wholly or partly on Tlicho lands.
85. Subsection 136(2) of the Act is replaced by the following:
Marginal note:Effect of decision
(2) The federal Minister and responsible ministers shall carry out a decision made under section 135 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 under that section shall act in conformity with the decision to the extent of their respective authorities.
86. The Act is amended by adding the following after section 137:
Marginal note:Decision by Tlicho Government
137.1 (1) If a development is to be carried out wholly or partly on Tlicho lands, the Tlicho Government shall, after considering the report of a review panel,
(a) adopt the recommendation of the review panel or refer it back to the panel for further consideration; or
(b) after consulting the review panel, adopt the recommendation with modifications or reject it.
Marginal note:Additional information
(2) If the Tlicho Government considers any new information that was not before the review panel, or any matter of public concern that was not referred to in the review panel’s reasons, the new information or matter shall be identified in the decision made under this section and in any consultation under paragraph (1)(b).
Marginal note:Effect of decision
(3) The Tlicho Government shall carry out, to the extent of its authority, any recommendation that it adopts.
Marginal note:Conservation
137.2 In making a decision under subsection 135(1), 137(1) or 137.1(1), the federal Minister and the responsible ministers, a designated regulatory agency or the Tlicho Government, as the case may be, shall consider the importance of the conservation of the lands, waters and wildlife of the Mackenzie Valley on which the development might have an impact.
Marginal note:Consultation
137.3 Before making a decision under subsection 135(1), 137(1) or 137.1(1) in respect of a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley, the person or body making the decision shall take into consideration any report in respect of the proposal that is submitted by a review panel established under the Canadian Environmental Assessment Act and shall consult every responsible authority to whom the report is submitted under that Act.
87. Sections 138 and 139 of the Act are replaced by the following:
Marginal note:Report by review panel — national interest referral
138. (1) A review panel established under subsection 40(2.1) of the Canadian Environmental Assessment Act in respect of a proposal for a development that was referred pursuant to paragraph 130(1)(c) of this Act shall, in addition to satisfying the requirements of paragraph 41(f) of that Act, submit the report of its recommendations 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) the Tlicho Government, if the development is to be carried out wholly or partly on Tlicho lands.
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 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.
Marginal note:Agreement — national interest referral
138.1 (1) If a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley and either is to be carried out partly in Wekeezhii or might have an impact on the environment in Wekeezhii is referred to the Minister of the Environment under paragraph 130(1)(c), then the Review Board shall enter into an agreement with the Minister of the Environment for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the impact on the environment of the development in accordance with subsection 40(2.1) of the Canadian Environmental Assessment Act.
Marginal note:Mediation
(2) If the Review Board and the Minister of the Environment have not entered into an agreement under subsection (1) within the period fixed by any regulations, they shall participate in mediation in accordance with those regulations for the purpose of reaching an agreement under subsection (1).
Marginal note:Arbitration
(3) If the Review Board and the Minister of the Environment have not entered into an agreement under subsection (1) by the end of any mediation required under subsection (2), they may, within the period fixed by any regulations, by mutual agreement refer any unresolved matter to arbitration in accordance with those regulations.
Marginal note:Where no agreement
(4) Despite subsections (1) to (3), if, within the period fixed by the regulations, an agreement has not been entered into under this section, 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:Agreement — designated regulatory agency
139. (1) Where an environmental impact review of a proposal for a development that, as determined by the Review Board, is to be carried out wholly in the Mackenzie Valley, other than a development that has been referred to the Minister of the Environment under paragraph 130(1)(c), is ordered under this Part, and a licence, permit or other authorization must be issued by a designated regulatory agency in order for the proposed development to be carried out, the Review Board and the agency may enter into an agreement for the examination of the impact of the development on the environment by a joint panel established for that purpose.
Marginal note:Report to ministers, agencies and Tlicho Government
(2) A joint panel so established shall make a report of its examination 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) the Tlicho Government, if the development is to be carried out wholly or partly on Tlicho lands.
Marginal note:Provisions applicable
(3) An examination by a joint panel established under this section stands in lieu of an environmental impact review and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.
88. Subsections 140(2) to (4) of the Act are replaced by the following:
Marginal note:Agreement — other authority
(2) Where the Review Board has determined that a development referred to in subsection (1), other than a development that has been referred to the Minister of the Environment under paragraph 130(1)(c), is likely to have a significant adverse impact on the environment in a region outside 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 environmental effects in that region to provide for
(a) the coordination of the respective examinations of the environmental impact of the development; or
(b) the examination of the environmental impact of the development by a joint panel established for that purpose.
Marginal note:Report to ministers, agencies and Tlicho Government
(3) A joint panel established under subsection (2) shall make a report of its recommendations 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) the Tlicho Government, if the development is to be carried out wholly or partly on Tlicho lands.
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 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.
89. (1) The portion of subsection 141(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Agreement — cases other than Wekeezhii
(2) If an environmental impact review is ordered under subparagraph 128(1)(b)(i), paragraph 128(1)(c) or 130(1)(a), subparagraph 130(1)(b)(ii) or paragraph 131(1)(b) in respect of a proposal for a development referred to in subsection (1), other than a development referred to in subsection (3), the Review Board may, with the approval of the federal Minister,
Marginal note:1998, c. 15, par. 48(e); 2002, c. 7, s. 206(2)(E)
(2) Subsections 141(3) to (5) of the Act are replaced by the following:
Marginal note:Agreement — Wekeezhii
(3) If an environmental impact review is ordered under subparagraph 128(1)(b)(i), paragraph 128(1)(c) or 130(1)(a), subparagraph 130(1)(b)(ii) or paragraph 131(1)(b) in respect of a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley and either is to be carried out partly in Wekeezhii or might have an impact on the environment in Wekeezhii, the Review Board shall enter into an agreement for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the impact on the environment of the development
(a) with an authority responsible for the examination of environmental effects of the part of the development that is to be carried out outside the Mackenzie Valley; or
(b) with the Minister of the Environment if that Minister is authorized under section 40 of the Canadian Environmental Assessment Act to enter into such an agreement.
Marginal note:Where no agreement
(4) Despite subsection (3), if, within the period fixed by the regulations, an agreement has not been entered into under that subsection, 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:Report
(5) A review panel or joint panel established by an agreement referred to in subsection (2) or (3) shall make a report of its examination 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;
(c) in the case of a joint panel referred to in paragraph (2)(b) or (3)(a), the minister of the federal, provincial or territorial government having jurisdiction in relation to examinations conducted by the authority referred to in that paragraph; and
(d) the Tlicho Government, if the development is to be carried out partly on Tlicho lands.
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 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.
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