PART 5Mackenzie Valley Environmental Impact Review Board (continued)
Interpretation and Application (continued)
Marginal note:Federal Minister — powers, duties and functions
111.1 The federal Minister shall exercise the powers and perform the duties and functions of any responsible minister who is a minister of the Crown in right of Canada for the purposes of subsections 130(1) to (3) and sections 131.2, 135 and 137.2.
- 2014, c. 2, s. 199
Establishment of Review Board
Marginal note:Review Board established
112 (1) There is hereby established a board to be known as the Mackenzie Valley Environmental Impact Review Board consisting of not less than seven members including a chairperson.
Marginal note:Nominations by first nations and the Tlicho Government
(2) One half of the members of the Review Board other than the chairperson shall be persons appointed on the nomination of first nations and the Tlicho Government, including at least one nominated by the Gwich’in First Nation, one nominated by the Sahtu First Nation and one nominated by the Tlicho Government.
Marginal note:Government members
(3) Of the members of the Review Board other than the chairperson and those appointed in accordance with subsection (2), at most one half shall be nominated by the territorial Minister.
(4) A quorum of the Review Board consists of five members, including two of the members appointed in accordance with subsection (2) and two of the members not so appointed other than the chairperson.
- 1998, c. 25, s. 112
- 2005, c. 1, s. 66
Marginal note:Main office
113 The main office of the Review Board shall be at Yellowknife or at such other place in the Mackenzie Valley as is designated by the Governor in Council.
Marginal note:Acting after expiry of term
113.1 (1) If the chairperson of the Review Board is of the opinion that it is necessary for a member of the Review Board to continue to act after the expiry of that member’s term in relation to an environmental assessment, an environment impact review or an examination of impact on the environment that stands in lieu of an environmental impact review, as the case may be, of a proposal for a development, the chairperson may request in writing that the federal Minister authorize the member to act in relation to that proposal until the requirements of this Part in relation to that environmental assessment, environmental impact review or examination have been fulfilled. For the purpose of the appointment of a replacement, the office of the member is deemed to be vacant as soon as their term expires.
(2) The request shall be made at least two months before the day on which the member’s term expires.
Marginal note:Deemed acceptance
(3) If the federal Minister neither accepts nor rejects the request within two months after the day on which it is made, the request is deemed to be accepted.
114 The purpose of this Part is to establish a process comprising a preliminary screening, an environmental assessment and an environmental impact review in relation to proposals for developments, and
(a) to establish the Review Board as the main instrument in the Mackenzie Valley for the environmental assessment and environmental impact review of developments;
(b) to ensure that the impact on the environment of proposed developments receives careful consideration before actions are taken in connection with them; and
(c) to ensure that the concerns of aboriginal people and the general public are taken into account in that process.
Marginal note:Guiding principles
115 (1) The process established by this Part shall be carried out in a timely and expeditious manner and shall have regard to
(a) the protection of the environment from the significant adverse impacts of proposed developments;
(b) the protection of the social, cultural and economic well-being of residents and communities in the Mackenzie Valley; and
(c) the importance of conservation to the well-being and way of life of the aboriginal peoples of Canada to whom section 35 of the Constitution Act, 1982 applies and who use an area of the Mackenzie Valley.
Marginal note:Consideration of previous assessment activities
(2) A person or body conducting a preliminary screening, an environmental assessment, an environmental impact review or an examination of impacts on the environment that stands in lieu of an environmental impact review in respect of a proposed development shall consider, and may rely on, any assessment activities previously carried out under this Part in respect of that development.
- 1998, c. 25, s. 115
- 2005, c. 1, s. 67
- 2014, c. 2, s. 201
115.1 In exercising its powers, the Review Board shall consider any traditional knowledge and scientific information that is made available to it.
- 2005, c. 1, s. 68
Marginal note:Impact Assessment Act
(a) proposals referred to the Minister of the Environment pursuant to paragraph 130(1)(c), to the extent provided by that Act; or
(b) proposals that are the subject of agreements referred to in paragraph 141(2)(a) or (3)(b), to the extent provided by such agreements.
- 1998, c. 25, s. 116
- 2005, c. 1, s. 69
- 2014, c. 2, s. 202
- 2019, c. 28, s. 188
Marginal note:Scope of developments
117 (1) Every environmental assessment of a proposal for a development shall include a determination by the Review Board of the scope of the development, subject to any guidelines made under section 120.
Marginal note:Factors to be considered
(2) Every environmental assessment and environmental impact review of a proposal for a development shall include a consideration of
(a) the impact of the development on the environment, including the impact of malfunctions or accidents that may occur in connection with the development and any cumulative impact that is likely to result from the development in combination with other developments;
(b) the significance of any such impact;
(c) any comments submitted by members of the public in accordance with the regulations or the rules of practice and procedure of the Review Board;
(d) where the development is likely to have a significant adverse impact on the environment, the need for mitigative or remedial measures; and
(e) any other matter, such as the need for the development and any available alternatives to it, that the Review Board or any responsible minister, after consulting the Review Board, determines to be relevant.
Marginal note:Additional factors
(3) An environmental impact review of a proposal for a development shall also include a consideration of
(a) the purpose of the development;
(b) alternative means, if any, of carrying out the development that are technically and economically feasible, and the impact on the environment of such alternative means;
(c) the need for any follow-up program and the requirements of such a program; and
(d) the capacity of any renewable resources that are likely to be significantly affected by the development to meet existing and future needs.
Marginal note:Joint panels
(4) Subsections (2) and (3) apply in respect of an examination of a proposal for a development by a review panel, or a joint panel, established jointly by the Review Board and any other person or body.
- 1998, c. 25, s. 117
- 2005, c. 1, s. 70
Marginal note:Issuance of licence, permit or other authorization
118 (1) A licence, permit or other authorization required for the carrying out of a development shall not be issued under any federal, territorial, Tlicho or Déline law unless the requirements of this Part have been complied with in relation to the development.
(2) If the Gwich’in or Sahtu First Nation, the Tlicho Government, the Déline Got’ine Government, a local government or a department or agency of the federal or territorial government proposes to carry out a development that does not require a licence, permit or other authorization under any federal, territorial, Tlicho or Déline law, it shall comply with the requirements of this Part before taking any irrevocable action in relation to the development.
- 1998, c. 25, s. 118
- 2005, c. 1, s. 71
- 2015, c. 24, s. 38
Marginal note:Emergencies excluded
119 No preliminary screening, environmental assessment or environmental impact review is required to be conducted in relation to a proposal for a development
(a) that is carried out in response to a national emergency for which special temporary measures are being taken under the Emergencies Act; or
(b) that is carried out in response to an emergency in circumstances such that it is in the interest of protecting property or the environment or in the interest of public welfare, health or safety to carry out the proposal forthwith.
120 Following consultation with first nations, the Tlicho Government and the federal and territorial Ministers and subject to any regulations made under paragraph 143(1)(a), the Review Board may establish guidelines respecting the process established by this Part, including guidelines
(a) for the determination of the scope of developments by the Review Board;
(b) for the form and content of reports made under this Part; and
(c) for the submission and distribution of environmental impact statements and for public notification of such submission pursuant to paragraphs 134(1)(b) and (c).
- 1998, c. 25, s. 120
- 2005, c. 1, s. 72
Marginal note:Written reasons
121 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, the federal Minister, a responsible minister, a designated regulatory agency, a regulatory authority, a department or agency of the federal or territorial government, a local government, the Gwich’in or Sahtu First Nation, the Tlicho Government or the Déline Got’ine Government shall issue and make available to the public written reasons for any decision or recommendation made under the process established by this Part.
- 1998, c. 25, s. 121
- 2005, c. 1, s. 73
- 2015, c. 24, s. 39
Marginal note:Delegation by federal Minister
122 The federal Minister may, in relation to a proposed development, delegate to any responsible minister the federal Minister’s duty to distribute reports made under this Part, to participate in decisions made following the consideration of such reports and to distribute decisions so made.
Marginal note:Exercise of powers under other Acts
123 For greater certainty, the Review Board may exercise any function conferred on it by or under any Act of Parliament or delegated to it under any Act of Parliament.
123.1 In conducting a review or examination of the impact on the environment of a development, a review panel of the Review Board or a review panel, or a joint panel, established jointly by the Review Board and any other person or body,
(a) shall carry out any consultations that are required by any of the land claim agreements; and
(b) may carry out other consultations with any persons who use an area where the development might have an impact on the environment.
- 2005, c. 1, s. 74
Marginal note:Conflict of interest
123.2 (1) A person shall not be appointed, or continue, as a member of a review panel of the Review Board or of a review panel, or a joint panel, established jointly by the Review Board and any other person or body, if doing so would place the member in a material conflict of interest.
Marginal note:Status or entitlements under agreement
(2) A person is not placed in a material conflict of interest merely because of any status or entitlement conferred on the person under the Gwich’in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and Her Majesty in right of Canada for the settlement of a claim to lands or under the Déline Agreement.
- 2005, c. 1, s. 74
- 2015, c. 24, s. 40
123.3 In appointing a review panel of the Review Board or a review panel, or a joint panel, established jointly by the Review Board and any other person or body, the Review Board and those other persons or bodies shall comply with the requirements of land claim agreements respecting nominations for appointment.
- 2005, c. 1, s. 74
Marginal note:Application to regulator
124 (1) Where, pursuant to any federal or territorial law specified in the regulations made under paragraph 143(1)(b), an application is made to a regulatory authority or designated regulatory agency for a licence, permit or other authorization required for the carrying out of a development, the authority or agency shall notify the Review Board in writing of the application and conduct a preliminary screening of the proposal for the development, unless the development is exempted from preliminary screening because
(a) its impact on the environment is declared to be insignificant by regulations made under paragraph 143(1)(c); or
(b) an examination of the proposal is declared to be inappropriate for reasons of national security by those regulations.
Marginal note:Proposal not requiring application
(2) Where a development that does not require a licence, permit or other authorization under any federal or territorial law is proposed to be carried out by a department or agency of the federal or territorial government or by the Gwich’in or Sahtu First Nation or the Tlicho Government, the body proposing to carry out that development shall, after notifying the Review Board in writing of the proposal for the development, conduct a preliminary screening of the proposal, unless
(a) in its opinion, the impact of the development on the environment will be manifestly insignificant; or
(b) the development is exempted from preliminary screening for a reason referred to in paragraph (1)(a) or (b).
Marginal note:Preliminary screening by Gwich’in, Sahtu or Tlicho
(3) The Gwich’in First Nation, the Sahtu First Nation or the Tlicho Government, as the case may be, may conduct a preliminary screening of a proposal for a development to determine whether to refer the proposal for an environmental assessment in accordance with paragraph 126(2)(b) or (c).
(4) Where more than one body conducts a preliminary screening in respect of a development, any of them may consult the others, adopt another’s report or participate in a joint preliminary screening and, where one of them is a board established under Part 3 or 4, the others are not required to conduct a preliminary screening.
- 1998, c. 25, s. 124
- 2005, c. 1, s. 75
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