PART 5.2Regional Studies (continued)
Committee Studying Impact of Works and Activities (continued)
Marginal note:Conflict of interest
144.33 (1) A person shall not be appointed, or continue, as a member of the committee if doing so would place them 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 them 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 land claim.
Marginal note:Other participants in study
144.34 The federal Minister, if he or she considers it appropriate, may enter into an agreement or arrangement with any person or body that possesses knowledge or expertise that is relevant to the study to participate in the study.
Marginal note:Elements to consider
144.35 In conducting its study, the committee shall consider any traditional knowledge and scientific information that is made available to it.
144.36 Subject to any other federal or territorial law, the committee may obtain, from any board established by this Act or from any department or agency of the federal or territorial government, any information in the possession of the board, department or agency that is required for it to conduct its study.
144.37 If the federal Minister is of the opinion that it is appropriate to conduct a study of the impact of existing or future works or activities carried out in a region of the Mackenzie Valley and in a region contiguous to it, the federal Minister may enter into an agreement or arrangement with an authority responsible for the examination of environmental effects in that region respecting the establishment of a joint committee to conduct the study and the manner in which the study is to be conducted.
Marginal note:Report to federal Minister
144.38 On completion of its study, the committee or joint committee shall provide a report to the federal Minister, who shall make it available to the public.
Marginal note:Consideration of report
144.39 The report must be considered in the exercise or performance under this Act of any powers, duties or functions of the boards established under subsections 36(1), 38(1), 54(1), 56(1), 57.1(1) and 99(1), the Mackenzie Valley Environmental Impact Review Board, its review panels, or a review panel or a joint panel established jointly by the Review Board and any other person or body, and of any body conducting a preliminary screening of a proposal for a development under section 124.
PART 6Environmental Monitoring and Audit
145 The definitions in this section apply in this Part.
- impact on the environment
impact on the environment has the same meaning as in Part 5. (répercussions environnementales)
- responsible authority
responsible authority means the person or body designated by the regulations as the responsible authority or, in the absence of a designation, the federal Minister. (autorité compétente)
Marginal note:Cumulative environmental impact
146 The responsible authority shall, subject to the regulations, analyze data collected by it, scientific data, traditional knowledge and other pertinent information for the purpose of monitoring the cumulative impact on the environment of concurrent and sequential uses of land and water and deposits of waste in the Mackenzie Valley.
Marginal note:Consultation with first nations and Tlicho Government
147 (1) A responsible authority that is a minister of the Crown in right of Canada shall carry out the functions referred to in section 146 in consultation with the first nations and the Tlicho Government.
Marginal note:Role of first nations and Tlicho Government
(2) Where a responsible authority is other than a minister of the Crown in right of Canada, the Gwich’in and Sahtu First Nations and the Tlicho Government are entitled to participate in the functions referred to in section 146 in the manner provided by the regulations.
- 1998, c. 25, s. 147
- 2005, c. 1, s. 92
Marginal note:Environmental audit
148 (1) The federal Minister shall have an environmental audit conducted at least once every five years by a person or body that is independent.
Marginal note:Terms of reference
(2) The federal Minister shall, after consulting the Gwich’in First Nation, the Sahtu First Nation, the Tlicho Government and the territorial government, fix the terms of reference of an environmental audit, including the key components of the environment to be examined.
Marginal note:Content of audit
(3) An environmental audit shall include
(a) an evaluation of information, including information collected or analyzed under section 146, in order to determine trends in environmental quality, potential contributing factors to changes in the environment and the significance of those trends;
(b) a review of the effectiveness of methods used for carrying out the functions referred to in section 146;
(c) a review of the effectiveness of the regulation of uses of land and water and deposits of waste on the protection of the key components of the environment from significant adverse impact; and
(d) a review of the response to any recommendations of previous environmental audits.
Marginal note:Report of audit
(4) A report of the environmental audit, which may include recommendations, shall be prepared and submitted to the federal Minister, who shall make the report available to the public.
Marginal note:Participation by first nations and Tlicho Government
(5) The Gwich’in and Sahtu First Nations and the Tlicho Government are entitled to participate in an environmental audit in the manner provided by the regulations.
- 1998, c. 25, s. 148
- 2005, c. 1, s. 93
149 Subject to any other federal or territorial law, a responsible authority or a person or body who performs an environmental audit may obtain, from any board established by this Act or from any department or agency of the federal or territorial government, any information in the possession of the board, department or agency that is required for the performance of the functions of the responsible authority or person under this Part.
150 The Governor in Council may, after consultation by the federal Minister with affected first nations, the Tlicho Government and the territorial Minister, make regulations for carrying out the purposes and provisions of this Part and, in particular, regulations
(a) respecting the collection of data and the analysis of data so collected and scientific data, traditional knowledge and other information, for the purposes of section 146;
(b) designating a person or body as the responsible authority for the purposes of this Part; and
(c) respecting the manner of participation of the Gwich’in and Sahtu First Nations and the Tlicho Government in the functions of a responsible authority that is not a minister of the Crown or in an environmental audit.
- 1998, c. 25, s. 150
- 2005, c. 1, s. 94
PART 7Transitional Provisions, Consequential Amendments and Coming into Force
151 [Repealed, 2014, c. 2, s. 232]
Marginal note:Existing rights and interests
152 Rights to the use of land under any lease, easement or other interest in land that was granted under the Territorial Lands Act or the regulations made under that Act, or under any territorial law, and that exist on December 22, 1998, with respect to a settlement area, or on March 31, 2000, with respect to any other portion of the Mackenzie Valley, continue in effect, subject to the terms and conditions of exercising those rights.
- 1998, c. 25, s. 152
- 2014, c. 2, s. 233
Marginal note:Existing licences continued
153 Licences issued under the Northwest Territories Waters Act respecting a use of waters or deposit of waste in a settlement area that exist on December 22, 1998 — and, respecting a use of waters or deposit of waste in another portion of the Mackenzie Valley, that exist on March 31, 2000 — continue in effect and are deemed to be licences within the meaning of Part 3.
- 1998, c. 25, s. 153
- 2014, c. 2, s. 233
154 [Repealed, 2014, c. 2, s. 234]
155 [Repealed, 2014, c. 2, s. 234]
156 [Repealed, 2014, c. 2, s. 234]
157 (1) A person acting, before the coming into force of section 84, as an inspector for the purposes of regulations made pursuant to the Territorial Lands Act is deemed to be an inspector designated under that section.
(2) [Repealed, 2014, c. 2, s. 235]
- 1998, c. 25, s. 157
- 2014, c. 2, s. 235
Marginal note:Application of Part 5
157.1 Part 5 does not apply in respect of any licence, permit or other authorization related to an undertaking that is the subject of a licence or permit issued before June 22, 1984, except a licence, permit or other authorization for an abandonment, decommissioning or other significant alteration of the project.
158 [Repealed, 2014, c. 2, s. 236]
159 [Repealed, 2014, c. 2, s. 236]
160 to 167 [Amendments]
Coming into Force
Marginal note:Coming into force — order in council
Marginal note:Coming into force — Part 4
(2) Part 4 and subsections 160(2), 165(2) and 167(2) come into force on a day to be fixed by order of the Governor in Council.
Return to footnote *[Note: Act, other than Part 4 and subsections 160(2), 165(2) and 167(2), in force December 22, 1998, see SI/99-1; Part 4 and subsections 160(2), 165(2) and 167(2) in force March 31, 2000, see SI/2000-17.]
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