Northwest Territories Devolution Act (S.C. 2014, c. 2)
Full Document:
Assented to 2014-03-25
209. (1) Section 131 of the Act is amended by adding the following after subsection (1):
Marginal note:Time limit
(1.1) The designated regulatory agency shall make a decision under subsection (1) within three months after the day on which the agency receives the Review Board’s report of an environmental assessment.
Marginal note:Time limit — hearings
(1.2) If the Review Board holds a public hearing during the conduct of the environmental assessment, the time limit referred to in subsection (1.1) is extended to five months.
Marginal note:Extension of time limit by designated regulatory agency
(1.3) The designated regulatory agency may extend the time limit referred to in subsection (1.1) or (1.2) 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
(1.4) The Governor in Council may, on the recommendation of the Minister responsible for the designated regulatory agency, further extend the time limit extended under subsection (1.3) any number of times.
Marginal note:Time limit — further consideration
(1.5) If a recommendation is referred back to the Review Board for further consideration under paragraph (1)(a), the time taken for that referral and consideration is included in the calculation of the time limit set out in subsection (1.1) or (1.2) or of its extension.
Marginal note:Excluded period
(1.6) If the designated regulatory agency 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 designated regulatory agency’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 (1.1) or (1.2) or of its extension.
(2) Section 131 of the Act is amended by adding the following after subsection (1.6):
Marginal note:Provision of decision
(1.7) The designated regulatory agency shall provide a decision made under subsection (1) to the Review Board.
210. Section 131.1 of the Act is amended by adding the following after subsection (3):
Marginal note:Provision of decision
(4) The Tlicho Government shall provide a decision made under subsection (1) to the Review Board.
211. The Act is amended by adding the following after section 131.2:
Marginal note:Development certificate
131.3 (1) The Review Board shall issue a development certificate to the person or body that proposes to carry out the development if
(a) the Review Board has made a determination under paragraph 128(1)(a) relating to that development and neither an order nor a referral is made under either paragraph 130(1)(a) or (c) relating to that development within 10 days after the Review Board receives confirmation that the federal Minister received its report relating to that determination made under subsection 128(2); or
(b) the federal Minister and the responsible ministers adopt, under paragraph 130(1)(b), with or without modifications, the Review Board’s recommendation made under subparagraph 128(1)(b)(ii) and neither the designated regulatory agency nor the Tlicho Government reject that recommendation under paragraph 131(1)(b) or 131.1(1)(b), respectively.
Marginal note:Content of certificate
(2) A development certificate shall indicate that the environmental assessment of the development has been completed and that the person or body that proposes to carry out the development may carry it out if they comply with the conditions set out in the certificate, obtain any licence, permit or other authorization required by or under any Act of Parliament or any territorial law or Tlicho law and comply with any other requirements set out in such an Act or law.
Marginal note:Conditions
(3) A development certificate issued under paragraph (1)(b) shall set out the conditions that the person or body that proposes to carry out the development is to comply with, namely, the implementation of the following measures:
(a) if the federal Minister and the responsible ministers agree to adopt a recommendation made under subparagraph 128(1)(b)(ii), the measures that are to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under subparagraph 130(1)(b)(i); or
(b) if the federal Minister and the responsible ministers agree to adopt the recommendation referred to in paragraph (a) with modifications, the measures that are to be implemented, in whole or in part, by that person or body as specified by those ministers in their decision made under subparagraph 130(1)(b)(ii).
Marginal note:Time limit
(4) A development certificate shall be issued,
(a) in the case of paragraph (1)(a), within 20 days after the expiry of the 10-day time limit set out in that paragraph; or
(b) in the case of paragraph (1)(b), within 30 days after the first day on which the Review Board has received all applicable decisions.
Marginal note:Extension of time limit
(5) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (4) by a maximum of 45 days to take into account circumstances that are specific to the proposal.
Marginal note:Provision of certificate
(6) The Review Board shall provide a copy of the development certificate to the federal Minister and to every first nation, local government, regulatory authority and department and agency referred to in subsection 130(4).
Marginal note:Statutory Instruments Act
(7) Development certificates are not statutory instruments for the purposes of the Statutory Instruments Act.
Marginal note:Duty — regulatory authorities
131.4 Each regulatory authority shall, to the extent of its authority to do so, incorporate the conditions referred to in subsection 131.3(3) into any licence, permit or other authorization that it issues, amends or renews.
212. Section 132 of the Act is amended by adding the following after subsection (3):
Marginal note:Time limit
(4) The Review Board shall appoint members to a review panel 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 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
(5) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (4) 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
(6) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (5) any number of times.
Marginal note:Excluded period
(7) 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 Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (4) or of its extension.
213. (1) Paragraph 134(1)(e) of the French version of the Act is replaced by the following:
e) la tenue d’audiences publiques au sein des collectivités concernées ou la consultation de celles-ci.
(2) The Act is amended by adding the following after subsection 134(1):
Marginal note:Time limit — terms of reference
(1.1) The Review Board shall fix the terms of reference for the review panel 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 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
(1.2) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (1.1) 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
(1.3) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (1.2) any number of times.
Marginal note:Excluded period
(1.4) 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 Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (1.1) or of its extension.
Marginal note:2005, c. 1, s. 84(2)
(3) Subsection 134(3) of the Act is replaced by the following:
Marginal note:Review panel’s report
(3) Within 15 months after the first day on which both the members of the panel are appointed and the terms of reference are established, 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.
Marginal note:Extension of time limit by federal Minister
(4) The federal Minister may, at the request of the review 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
(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 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 (3) or of its extension.
Marginal note:Copy of report
(7) A copy of the report of a review panel shall be provided to
(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; and
(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.
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