An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts (S.C. 2019, c. 19)
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Assented to 2019-06-21
PART 11998, c. 25Mackenzie Valley Resource Management Act (continued)
Amendments to the Act (continued)
Marginal note:2005, c. 1, s. 80(2); 2014, c. 2, s. 208(4)(F)
19 Subsection 130(5) of the Act is replaced by the following:
Marginal note:Effect of decision
(5) The federal Minister and responsible ministers shall carry out a decision made under this section to the extent of their respective authorities. In addition, a first nation, local government, regulatory authority or department or agency of the federal or territorial government affected by a decision made under this section shall act in conformity with the decision — including by implementing the conditions set out in a development certificate issued under section 131.3, or an amended development certificate issued under subsection 142.21(17), in relation to the proposed development — to the extent of their respective authorities.
20 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.
21 Section 131.1 of the Act is amended by adding the following after subsection (1):
Marginal note:Provision of decision
(1.1) The Tlicho Government shall provide a decision made under subsection (1) to the Review Board.
22 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 day on which 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 rejects 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 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, without modifications, 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 in the recommendation; or
(b) if the federal Minister and the responsible ministers agree to adopt a recommendation made under subparagraph 128(1)(b)(ii) 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,
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.
23 (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.
Marginal note:2005, c. 1, s. 85; 2014, c. 2, s. 214(3)(F)
(2) 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. In addition, a first nation, local government, regulatory authority or department or agency of the federal or territorial government affected by a decision made 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 development certificate issued under subsection 142.21(17), in relation to the proposed development — to the extent of their respective authorities.
24 Section 137 of the Act is amended by adding the following after subsection (2):
Marginal note:Provision of decision
(2.1) The designated regulatory agency shall provide a decision made under subsection (1) to the Review Board.
25 Section 137.1 of the Act is amended by adding the following after subsection (2):
Marginal note:Provision of decision
(2.1) The Tlicho Government shall provide a decision made under subsection (1) to the Review Board.
26 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 rejects 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 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 the program that is to be implemented, in whole or in part, by that person or body as specified in the recommendation;
(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 the program that is 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, the measures or the program that is 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, the mitigative or remedial measures or the follow-up program that is 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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