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Mackenzie Valley Resource Management Act (S.C. 1998, c. 25)

Act current to 2022-09-11 and last amended on 2019-08-28. Previous Versions

PART 5Mackenzie Valley Environmental Impact Review Board (continued)

Environmental Impact Review (continued)

Marginal note:Consideration of report by agencies

  •  (1) A designated regulatory agency shall, after considering the report of a review panel,

    • (a) adopt the recommendation of the review panel or refer it back to the panel for further consideration; or

    • (b) after consulting the review panel, adopt the recommendation with modifications or reject it.

  • 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.

  • Marginal note:Additional information

    (2) If a designated regulatory agency considers any new information that was not before the review panel, or any matter of public concern that was not referred to in the panel’s reasons, such new information or such matter shall be identified in the decision of the agency and in any consultation under paragraph (1)(b).

  • Marginal note:Effect of decision

    (3) A designated regulatory agency shall carry out, to the extent of its authority, any recommendation that it adopts.

  • 1998, c. 25, s. 137
  • 2014, c. 2, s. 215

Marginal note:Decision by Tlicho Government

  •  (1) If a development is to be carried out wholly or partly on Tlicho lands, the Tlicho Government shall, after considering the report of a review panel,

    • (a) adopt the recommendation of the review panel or refer it back to the panel for further consideration; or

    • (b) after consulting the review panel, adopt the recommendation with modifications or reject it.

  • Marginal note:Additional information

    (2) If the Tlicho Government considers any new information that was not before the review panel, or any matter of public concern that was not referred to in the review panel’s reasons, the new information or matter shall be identified in the decision made under this section and in any consultation under paragraph (1)(b).

  • Marginal note:Effect of decision

    (3) The Tlicho Government shall carry out, to the extent of its authority, any recommendation that it adopts.

  • 2005, c. 1, s. 86

Marginal note:Conservation

 In making a decision under subsection 135(1), 137(1) or 137.1(1), the federal Minister and the responsible ministers, a designated regulatory agency or the Tlicho Government, as the case may be, shall consider the importance of the conservation of the lands, waters and wildlife of the Mackenzie Valley on which the development might have an impact.

  • 2005, c. 1, s. 86

Marginal note:Consultation

 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 Impact Assessment Act and shall consult the Impact Assessment Agency of Canada.

Cooperation and Joint Reviews

Marginal note:Report by review panel — national interest referral

  •  (1) Within 15 months after the day on which a review panel that is the subject of an agreement entered into under subsection (3) or 138.1(1) is established under subsection 40(2) of the Impact Assessment Act in respect of a proposal for a development that was referred under paragraph 130(1)(c) of this Act, the review panel shall, in addition to satisfying the requirements of paragraph 51(1)(e) of that Act, submit the report of its recommendations 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

    (1.1) The federal Minister may, at the request of the review panel, extend the time limit referred to in subsection (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

    (1.2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (1.1) any number of times.

  • Marginal note:Excluded period

    (1.3) 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 (1) or of its extension.

  • Marginal note:Provisions applicable

    (2) An examination by a review panel referred to in subsection (1) stands in lieu of an environmental impact review and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.

  • Marginal note:Referral — paragraph 130(1)(c)

    (3) If a proposal for a development, other than a proposal to which section 138.1 applies, is referred to the Minister of the Environment under paragraph 130(1)(c), the Review Board shall, within three months after the day on which the proposal was referred to that Minister, enter into an agreement with him or her for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the development’s impact on the environment in accordance with subsection 40(2) of the Impact Assessment Act.

  • Marginal note:Extension of time limit by federal Minister

    (4) The federal Minister may, at the request of the Review Board, 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 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 Review Board’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:Agreement — national interest referral

  •  (1) If a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley and either is to be carried out partly in Wekeezhii or might have an impact on the environment in Wekeezhii is referred to the Minister of the Environment under paragraph 130(1)(c), then the Review Board shall enter into an agreement with the Minister of the Environment for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the development’s impact on the environment in accordance with subsection 40(2) of the Impact Assessment Act.

  • Marginal note:Mediation

    (2) If the Review Board and the Minister of the Environment have not entered into an agreement under subsection (1) within the period fixed by any regulations, they shall participate in mediation in accordance with those regulations for the purpose of reaching an agreement under subsection (1).

  • Marginal note:Arbitration

    (3) If the Review Board and the Minister of the Environment have not entered into an agreement under subsection (1) by the end of any mediation required under subsection (2), they may, within the period fixed by any regulations, by mutual agreement refer any unresolved matter to arbitration in accordance with those regulations.

  • Marginal note:Where no agreement

    (4) Despite subsections (1) to (3), if, within the period fixed by the regulations, an agreement has not been entered into under this section, a panel of the Review Board shall conduct an environmental impact review of the development, but the review shall be limited to the part of the development to be carried out in the Mackenzie Valley.

 [Repealed, 2014, c. 2, s. 221]

Marginal note:Transboundary effects

  •  (1) Where it appears to the Review Board, during the environmental assessment of a development proposed to be carried out wholly within the Mackenzie Valley, that the development might have a significant adverse impact on the environment in a region outside the Mackenzie Valley, the Review Board shall so advise the authority responsible for the examination of environmental effects in that region and request its cooperation in the conduct of the assessment.

  • Marginal note:Agreement — other authority

    (2) Where the Review Board has determined that a development referred to in subsection (1), other than a development that has been referred to the Minister of the Environment under paragraph 130(1)(c), is likely to have a significant adverse impact on the environment in a region outside the Mackenzie Valley, the Review Board may, with the approval of the federal Minister, enter into an agreement with the authority responsible for the examination of environmental effects in that region to provide for

    • (a) the coordination of the respective examinations of the environmental impact of the development; or

    • (b) the examination of the environmental impact of the development by a joint panel established for that purpose.

  • Marginal note:Time limit

    (2.1) Any agreement under paragraph (2)(b) shall be entered into 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 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

    (2.2) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (2.1) 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

    (2.3) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (2.2) any number of times.

  • Marginal note:Excluded period

    (2.4) 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 Review Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (2.1) or of its extension.

  • Marginal note:Environmental impact review

    (2.5) Despite subsections (2.1) to (2.4), if, within the time limit set out in those subsections, an agreement has not been entered into under paragraph (2)(b), a panel of the Review Board shall conduct an environmental impact review of the development.

  • Marginal note:Joint panel’s report

    (3) Within 15 months after the day on which a joint panel is established under paragraph (2)(b), the panel shall make a report of its recommendations 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

    (3.1) The federal Minister may, at the request of the joint 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

    (3.2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (3.1) any number of times.

  • Marginal note:Excluded period

    (3.3) If the joint 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 joint 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:Provisions applicable

    (4) An examination by a joint panel established under subsection (2) stands in lieu of an environmental impact review of the proposal and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.

  • 1998, c. 25, s. 140
  • 2005, c. 1, s. 88
  • 2014, c. 2, s. 222

Transregional and External Developments

Marginal note:Environmental assessment

  •  (1) In relation to a development that is proposed to be carried out partly in the Mackenzie Valley and partly in a region of the Northwest Territories, Yukon or Nunavut adjacent to the Mackenzie Valley, or partly in a province, as the case may be, the Review Board shall to the extent possible coordinate its environmental assessment functions with the functions of any authority responsible for the examination of environmental effects of the development in that region or province.

  • Marginal note:Agreement — cases other than Wekeezhii

    (2) If an environmental impact review is ordered under subparagraph 128(1)(b)(i), paragraph 128(1)(c) or 130(1)(a), subparagraph 130(1)(b)(ii) or paragraph 131(1)(b) in respect of a proposal for a development referred to in subsection (1), other than a development referred to in subsection (3), the Review Board may, with the approval of the federal Minister,

    • (a) enter into an agreement with the Minister of the Environment in accordance with subsection 39(1) of the Impact Assessment Act to provide for an examination by a review panel, if that Act applies in respect of the development in the region or province referred to in subsection (1); and

    • (b) in any other case, enter into an agreement with an authority responsible for the examination of environmental effects of such developments in that region or province to provide for the coordination of their respective examinations of the environmental impact of the development or to provide for the examination of that impact by a joint panel established for that purpose.

  • Marginal note:Time limit

    (2.1) An agreement made under paragraph (2)(a), or an agreement made under paragraph (2)(b) that provides for an examination by a joint panel, shall be entered into 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 made 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

    (2.2) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (2.1) 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

    (2.3) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (2.2) any number of times.

  • Marginal note:Excluded period

    (2.4) 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 Review Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (2.1) or of its extension.

  • Marginal note:Environmental impact review

    (2.5) Despite subsections (2.1) to (2.4), if, within the time limit set out in those subsections, an agreement has not been entered into under paragraph (2)(b), a panel of the Review Board shall conduct an environmental impact review of the development, but the review shall be limited to the part of the development to be carried out in the Mackenzie Valley.

  • Marginal note:Agreement — Wekeezhii

    (3) If an environmental impact review is ordered under subparagraph 128(1)(b)(i), paragraph 128(1)(c) or 130(1)(a), subparagraph 130(1)(b)(ii) or paragraph 131(1)(b) 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 and either is to be carried out partly in Wekeezhii or might have an impact on the environment in Wekeezhii, the Review Board shall enter into an agreement for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the impact on the environment of the development

    • (a) with an authority responsible for the examination of environmental effects of the part of the development that is to be carried out outside the Mackenzie Valley; or

    • (b) with the Minister of the Environment if that Minister is authorized under subsection 39(1) of the Impact Assessment Act to enter into such an agreement.

  • Marginal note:Where no agreement

    (4) Despite subsection (3), if, within the period fixed by the regulations, an agreement has not been entered into under that subsection, a panel of the Review Board shall conduct an environmental impact review of the development, but the review shall be limited to the part of the development to be carried out in the Mackenzie Valley.

  • Marginal note:Report — review panel or joint panel

    (5) Within 15 months after the day on which a review panel or joint panel is established by an agreement referred to in subsection (2) or (3), the panel shall make a report of its examination 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;

    • (c) in the case of a joint panel referred to in paragraph (2)(b) or (3)(a), the minister of the federal, provincial or territorial government having jurisdiction in relation to examinations conducted by the authority referred to in that paragraph; and

    • (d) the Tlicho Government, if the development is to be carried out partly on Tlicho lands.

  • Marginal note:Extension of time limit by federal Minister

    (5.1) The federal Minister may, at the request of the review panel or joint panel, 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 proposal.

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

    (5.2) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (5.1) any number of times.

  • Marginal note:Excluded period

    (5.3) If the review panel or joint 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 panel’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (5) or of its extension.

  • Marginal note:Provisions applicable

    (6) An examination by a review panel or joint panel referred to in subsection (2) or (3) stands in lieu of an environmental impact review of the proposal referred to in that subsection and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration.

  • 1998, c. 15, s. 48, c. 25, s. 141
  • 2002, c. 7, s. 206(E)
  • 2005, c. 1, s. 89
  • 2014, c. 2, s. 223
  • 2019, c. 28, s. 168
 
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