Cost Recovery

Marginal note:Obligation to pay costs

• 142.01 (1) For the federal Minister to recover costs incurred in the course of an environmental assessment, an environmental impact review or an examination — carried out by a review panel, or a joint panel, established jointly by the Review Board and any other person or body — that stands in lieu of an environmental impact review, the person or body that proposes to carry out the development shall pay to the federal Minister

  • (a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Review Board or its members or of members of the Review Board’s review panels or of a review panel or a joint panel;

  • (b) any costs incurred by the Review Board for services that are prescribed by the regulations and that are provided to it by a third party; and

  • (c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister.

• Marginal note:Scope

  (2) For the purposes of subsection (1), the services, powers, duties or functions described in that subsection are limited to those provided, exercised or performed

  • (a) during the period that begins when a proposed development is referred to the Review Board under section 125, or when a person or body that proposes to carry out a development is given notice under subsection 126(5), and ends when a copy of the final decision under the process set out in this Part is issued to that person or body; or

  • (b) during any period prescribed by the regulations that is within the period referred to in paragraph (a).

• Marginal note:Debt due to Her Majesty

  (3) The costs and amounts that a person or body that proposes to carry out a development must pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

Public Register

Marginal note:Public register

• 142.1 (1) The Review Board shall maintain at its main office a register convenient for use by the public in which shall be entered the following:

  • (a) all documents that are produced, collected or received by the Review Board, a review panel of the Review Board, a review panel or a joint panel established jointly by the Review Board and any other person or body in relation to any environmental assessment or environmental impact review;

  • (b) any notice it receives under subsection 124(1) or (2); and

  • (c) any report it receives under paragraph 125(1)(a) or (2)(a).

• Marginal note:Register to be open to inspection

  (2) The register shall be open to inspection by any person during the Review Board’s normal business hours, subject to the payment of any fee prescribed by the regulations.

• Marginal note:Copies of contents of register

  (3) The Review Board shall, on request and on payment of any fee prescribed by the regulations, make available copies of information contained in the register.

• Marginal note:Internet access

  (4) The register shall also be made accessible to the public via the Internet.

• Marginal note:Categories of available information

  (5) Despite any other provision of this Act, the register shall contain information only if

  • (a) it has otherwise been made publicly available; or

  • (b) in the case of a record, the Review Board

    • (i) determines that it would have been disclosed to the public in accordance with the Access to Information Act if a request had been made in respect of that record under that Act at the time the record came under the control of the Review Board, including any record that would be disclosed in the public interest under subsection 20(6) of that Act, or

    • (ii) has reasonable grounds to believe that it would be in the public interest to disclose the record because it is required for the public to participate effectively in a preliminary screening, environmental assessment or environmental impact review, other than any record whose disclosure would be prohibited under section 20 of the Access to Information Act.

• Marginal note:Applicability of sections 27, 28 and 44 of Access to Information Act

  (6) Sections 27, 28 and 44 of the Access to Information Act apply to any information described in subsection 27(1) of that Act that the Review Board intends to be included in the register with any necessary modifications, including the following:

  • (a) the information is deemed to be a record that the head of a government institution intends to disclose; and

  • (b) any reference to the person who requested access shall be disregarded.

Policy Directions

Marginal note:Minister’s policy directions to Review Board

• 142.2 (1) The federal Minister may, after consultation with the Review Board and the Tlicho Government, give written policy directions that are binding on the Review Board or its review panels with respect to the exercise of any of their functions under this Act.

• Marginal note:Limitation

  (2) Policy directions do not apply in respect of a proposal for a development that, at the time the directions are given, is before the Review Board or one of its review panels.

• Marginal note:Conflict

  (3) If there is a conflict between policy directions given under this section and the provisions of any Act of Parliament, any regulations made under an Act of Parliament or any territorial law, those provisions prevail to the extent of the conflict.

Amendment of Certificate

Marginal note:Examination

• 142.21 (1) With the approval of the federal Minister, the Review Board may, on its own initiative or at the request of the person or body to which a development certificate was issued under section 131.3 or 137.4 or any interested person, examine the conditions of that certificate if

  • (a) the conditions are not achieving their intended purpose or are having effects that are significantly different from those anticipated at the time the certificate was issued;

  • (b) the circumstances relating to the development are significantly different from those anticipated at the time the certificate was issued; or

  • (c) technological developments or new information provides a more efficient method of achieving the intended purpose of the conditions.

• Marginal note:Minister’s initiative

  (2) The Review Board shall examine the conditions set out in a development certificate that it has issued if the federal Minister is of the opinion that any of paragraphs (1)(a) to (c) applies and so advises the Review Board.

• Marginal note:Notice

  (3) The Review Board shall notify the person or body and the federal Minister in writing of an examination undertaken under subsection (1) or the person or body of an examination undertaken under subsection (2).

• Marginal note:Conduct of examination

  (4) The Review Board may conduct its examination of the conditions in the manner that it considers appropriate in the circumstances.

• Marginal note:Report

  (5) Within five months after the day on which the federal Minister gives the Review Board his or her approval under subsection (1) or advises the Review Board of his or her opinion under subsection (2), the Review Board shall submit a written report to the federal Minister that contains

  • (a) an assessment of the conditions in force; and

  • (b) its recommendations as to the conditions that should apply in respect of the development.

• Marginal note:Extension of time limit by federal Minister

  (6) The federal Minister may, at the request of the Review Board, 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 development.

• Marginal note:Extension of time limit by Governor in Council

  (7) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (6) any number of times.

• Marginal note:Excluded period

  (8) If the Review Board requires the person or body to which the development certificate in question was issued 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 or of its extension.

• Marginal note:Report to ministers

  (9) The federal Minister shall distribute the Review Board’s report to every responsible minister.

• Marginal note:Ministers’ decision

  (10) The federal Minister and the responsible ministers may agree, in respect of each recommendation in that report, either to

  • (a) accept it;

  • (b) refer it back to the Review Board for further consideration; or

  • (c) after consulting the Review Board, adopt it with modifications.

• Marginal note:Distribution of decision

  (11) The federal Minister shall distribute a decision made under subsection (10) to the Review Board and to every first nation, local government, regulatory authority and department and agency of the federal or territorial government affected by the decision.

• Marginal note:Time limits

  (12) The federal Minister shall distribute a decision made under this section within three months after the day on which the federal Minister receives the Review Board’s report under subsection (5).

• Marginal note:Extension of time limit by federal Minister

  (13) The federal Minister may extend the time limit referred to in subsection (12) by a maximum of two months to take into account circumstances that are specific to the development.

• Marginal note:Extension of time limit by Governor in Council

  (14) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (13) any number of times.

• Marginal note:Time limit — further consideration

  (15) If a recommendation is referred back to the Review Board for further consideration under paragraph (10)(b), the time taken for that referral and consideration is included in the calculation of the time limit set out in subsection (12) or of its extension.

• Marginal note:Excluded period

  (16) If the federal Minister or the Review Board requires the person or body to which the development certificate in question was issued 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 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 (12) or of its extension.

• Marginal note:Amended development certificate

  (17) Within 30 days after the day on which the Review Board receives the decision under subsection (10), it shall issue an amended development certificate that sets out the conditions contained in that decision.

• Marginal note:Application

  (18) Subsections 131.3(2), (6) and (7) or subsections 137.4(2), (6) and (7) apply, as the case may be, to an amended development certificate.

Marginal note:Duty — regulatory authorities

142.22 Each regulatory authority shall, to the extent of its authority to do so, incorporate the conditions referred to in subsection 142.21(17) into any licence, permit or other authorization that it issues, amends or renews.

Developments Not Carried Out

Marginal note:Development certificate not valid

• 142.23 (1) A development certificate issued under section 131.3 or 137.4 ceases to be valid five years after the day on which it is issued, if the proposed development for which that certificate is issued is not commenced within those five years.

• Marginal note:Amended development certificate

  (2) An amended development certificate issued under subsection 142.21(17) expires five years after the day on which the development certificate in relation to that development is issued under section 131.3 or 137.4, as the case may be, if the proposed development for which the certificate is issued is not commenced within those five years.

• Marginal note:Prohibition

  (3) It is prohibited to carry out a proposed development, in whole or in part, if the development certificate or amended development certificate issued in relation to it has ceased to be valid.

• Marginal note:New environmental assessment

  (4) If a development certificate or amended development certificate has ceased to be valid, the person or body that proposes to carry out the development may make a request to the Review Board that it conduct a new environmental assessment of the proposed development and, in that case, the proposal is deemed to be referred to the Review Board under section 125.

• Marginal note:Consideration of previous assessment activities

  (5) In conducting the new environmental assessment, the Review Board shall consider, and may rely on, any assessment activities previously carried out under this Part in respect of the proposed development.

Administration and Enforcement

Designation

Marginal note:Designation

142.24 The federal Minister may designate qualified persons, or classes of qualified persons, as inspectors to exercise powers relating to verifying compliance or preventing non-compliance with this Part or orders made under section 142.29.

Powers

Marginal note:Authority to enter

• 142.25 (1) An inspector may, for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 142.29, enter a place in which they have reasonable grounds to believe that a development is being carried out or a document or any thing relating to a development is located.

• Marginal note:Powers on entry

  (2) The inspector may, for the purposes referred to in subsection (1),

  • (a) examine anything in the place;

  • (b) use any means of communication in the place or cause it to be used;

  • (c) use any computer system in the place or cause it to be used to examine data contained in or available to that system;

  • (d) prepare a document or cause one to be prepared based on the data;

  • (e) use any copying equipment in the place or cause it to be used;

  • (f) remove anything from the place for examination or copying;

  • (g) take photographs and make recordings or sketches;

  • (h) order the owner or person in charge of the place or any person at the place to establish their identity to the inspector’s satisfaction or to stop or start an activity;

  • (i) order the owner or person having possession, care or control of anything in the place to not move it or to restrict its movement for as long as, in the inspector’s opinion, is necessary;

  • (j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and

  • (k) prohibit or limit access to all or part of the place.

• Marginal note:Certificate

  (3) The federal Minister shall provide every inspector with a certificate of designation. On entering any place, the inspector shall, if so requested, produce the certificate to the occupant or person in charge of the place.

• Marginal note:Duty to assist

  (4) The owner or person in charge of the place and every person in it shall give all assistance that is reasonably required to enable the inspector to verify compliance or prevent non-compliance with this Part or orders made under section 142.29 and shall provide any documents, data or information that are reasonably required for that purpose.

• Marginal note:Notice

  (5) If an inspector considers it reasonable to do so, an inspector shall give the Gwich’in or Sahtu First Nation prior notice of entry by the inspector on its first nation lands.

• Marginal note:Notice to Tlicho Government

  (6) An inspector shall, if it is reasonable to do so, give the Tlicho Government prior notice of entry by the inspector on Tlicho lands.

Marginal note:Warrant for dwelling-house

• 142.26 (1) If the place referred to in subsection 142.25(1) is a dwelling-house, the inspector may only enter it with the occupant’s consent or under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspector who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that

  • (a) the dwelling-house is a place referred to in subsection 142.25(1);

  • (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 142.29; and

  • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

Marginal note:Entering private property

• 142.27 (1) For the purpose of gaining entry to a place referred to in subsection 142.25(1), an inspector may enter and pass through private property. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.

• Marginal note:Person accompanying inspector

  (2) A person may, at the inspector’s request, accompany the inspector to assist them in gaining entry to the place referred to in subsection 142.25(1) and is not liable for doing so.

Marginal note:Use of force

142.28 In executing a warrant to enter a dwelling-house, an inspector shall not use force unless the use of force has been specifically authorized in the warrant and the inspector is accompanied by a peace officer.

Orders

Marginal note:Measures required

• 142.29 (1) If an inspector has reasonable grounds to believe that there is a contravention of this Part, they may, among other things, order a person to

  • (a) stop doing something that is in contravention of this Part or cause it to be stopped; or

  • (b) take any measure that is necessary in order for the person to comply with this Part or to mitigate the effects of the contravention.

• Marginal note:Notice

  (2) The order shall be provided in the form of a written notice and shall include

  • (a) a statement of the reasons for the order; and

  • (b) the time and manner in which the order is to be carried out.

Marginal note:Measures taken by inspector

• 142.3 (1) If a person does not comply with an order made under section 142.29 within the time specified, the inspector may, on their own initiative, take the measures specified in the order.

• Marginal note:Recovery of Her Majesty’s costs

  (2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada in the taking of measures under subsection (1) constitutes a debt due to Her Majesty recoverable from the person in a court of competent jurisdiction.

Coordination

Marginal note:Activities — inspectors

142.31 An inspector shall coordinate their activities with those of any inspector designated under Part 3 and any person designated for the purposes of verifying compliance or preventing non-compliance with any other Act of Parliament or territorial law so as to ensure efficiency and avoid duplication.