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

Assented to 2014-03-25

  •  (1) Subsection 136(1) of the Act is replaced by the following:

    Marginal note:Distribution of decision
    • 136. (1) The federal Minister shall distribute a decision made under section 135 to the Review Board and to every first nation, local government, regulatory authority and department or agency of the territorial or federal government affected by the decision.

  • (2) Section 136 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Time limits

      (1.1) The federal Minister shall distribute the decision within six months after the day on which the federal Minister received the review panel’s report.

    • Marginal note:Extension of time limit by federal Minister

      (1.2) The federal Minister may 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:Time limit — further consideration

      (1.4) If a recommendation is referred back to the review panel for further consideration under paragraph 135(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 of its extension.

    • Marginal note:Excluded period

      (1.5) If the federal Minister or 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 federal Minister’s or the review panel’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 of its extension.

  • Marginal note:2005, c. 1, s. 85

    (3) Subsection 136(2) of the French version of the Act is replaced by the following:

    • Marginal note:Mise en oeuvre

      (2) Les premières nations, administrations locales, autorités administratives, ministères et organismes visés au paragraphe (1) 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.

  • (4) 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, including by implementing the conditions set out in a development certificate issued under section 137.4, or an amended certificate issued under subsection 142.21(17), in relation to the development, to the extent of their respective authorities.

  •  (1) Section 137 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Time limits

      (1.1) The designated regulatory agency shall make a decision under subsection (1) within six months after the day on which it receives the review panel’s report.

    • Marginal note:Extension of time limit by designated regulatory agency

      (1.2) The designated regulatory agency may 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 Minister responsible for the designated regulatory agency, further extend the time limit extended under subsection (1.2) any number of times.

    • Marginal note:Time limit — further consideration

      (1.4) If a recommendation is referred back to the review panel 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 of its extension.

    • Marginal note:Excluded period

      (1.5) If the designated regulatory agency or 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 designated regulatory agency’s or the review panel’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 of its extension.

  • (2) Section 137 of the Act is amended by adding the following after subsection (1.5):

    • Marginal note:Provision of decision

      (1.6) The designated regulatory agency shall provide a decision made under subsection (1) to the Review Board.

 Section 137.1 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.

Marginal note:2005, c. 1, s. 86

 Section 137.3 of the Act is replaced by the following:

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, 2012 and shall consult every responsible authority to whom the report is submitted under that Act.

 The Act is amended by adding the following after section 137.3:

Marginal note:Development certificate
  • 137.4 (1) The Review Board shall issue a development certificate to the person or body that proposes to carry out the development if

    • (a) the federal Minister and the responsible ministers adopt, under subsection 135(1), with or without modifications, the review panel’s recommendation, set out in the report made under subsection 134(2), that the proposal for the development be approved, with or without mitigative or remedial measures or a follow-up program, and neither the designated regulatory agency nor the Tlicho Government reject that recommendation under paragraph 137(1)(b) or 137.1(1)(b), respectively; or

    • (b) the federal Minister and the responsible ministers reject, under subsection 135(1), the review panel’s recommendation, set out in the report made under subsection 134(2), that the proposal for the development be rejected and, if applicable, the designated regulatory agency and the Tlicho Government reject that recommendation under paragraph 137(1)(b) or 137.1(1)(b), respectively.

  • Marginal note:Content of certificate

    (2) A development certificate shall indicate that the environmental impact review 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 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 or programs:

    • (a) if the federal Minister and the responsible ministers agree to adopt, without modifications, a recommendation made under subsection 134(2) to approve the proposal for the development with mitigative or remedial measures or a follow-up program, the measures or program 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 paragraph 135(1)(a);

    • (b) if the federal Minister and the responsible ministers agree to adopt, with modifications, a recommendation made under subsection 134(2) to approve the proposal for the development with mitigative or remedial measures or a follow-up program, the measures or program 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 paragraph 135(1)(b);

    • (c) if the federal Minister and the responsible ministers agree to adopt, with modifications, a recommendation made under subsection 134(2) to approve the proposal for the development without mitigative or remedial measures or a follow-up program, any mitigative or remedial measures or follow-up program 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 paragraph 135(1)(b); or

    • (d) if the federal Minister and the responsible ministers agree to reject a recommendation made under subsection 134(2) to reject the proposal for the development, any mitigative or remedial measures or follow-up program 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 paragraph 135(1)(b).

  • Marginal note:Time limit

    (4) A development certificate shall be issued 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 136(2).

  • 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

137.5 Each regulatory authority shall, to the extent of its authority to do so, incorporate the conditions referred to in subsection 137.4(3) into any licence, permit or other authorization that it issues, amends or renews.

 
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