GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
First Nations Oil And Gas Environmental Assessment Regulations — 7
Environmental assessment process 7 The environmental assessment process shall include, if applicable, (a) a screening or comprehensive study and the preparation of a screening report or comprehensive study report; (b) a mediation or an assessment by a review panel and the preparation of a mediation report or a review panel report; and (c) the design and implementation of a follow-up program.
First Nations Oil And Gas Environmental Assessment Regulations — 8
Scope of project 8 The scope of the project for which an environmental assessment is to be conducted shall be determined (a) by the decision-making authority; or (b) if the project is referred to a mediator or a review panel, by the council of the first nation.
First Nations Oil And Gas Environmental Assessment Regulations — 9
Same assessment for related projects 9 For the purposes of conducting an environmental assessment in respect of two or more projects, the decision-making authority or, if at least one of the projects is referred to a mediator or a review panel, the council of the first nation may determine that the projects are so closely related that they can be considered to form a single project.
First Nations Oil And Gas Environmental Assessment Regulations — 10
All proposed undertakings to be considered 10 If a project concerns an installation used for oil or gas exploration or exploitation, the environmental assessment shall be conducted for any construction, operation, modification, decommissioning, abandonment or other undertaking during the life-cycle of that installation that is proposed by the proponent as well as any construction, operation, modification, decommissioning, abandonment or other undertaking during the life-cycle of that installation that, in the opinion of the decision-making authority or, if the project is referred to a mediator or a review panel, of the council of the first nation, is likely to be carried out in relation to that installation.
First Nations Oil And Gas Environmental Assessment Regulations — 11
Factors that must be considered 11 (1) Each environmental assessment of a project shall consider the following factors: (a) the environmental effects of the project, including the environmental effects of malfunctions or accidents that may occur in connection with the project, and any cumulative environmental effects that are likely to result from the project in combination with other projects or activities that have been or will be undertaken; (b) the significance of those environmental effects; (c) any comments from the public that are received in accordance with the first nation’s oil and gas law; (d) technically and economically feasible measures that would mitigate any significant adverse environmental effects of the project; and (e) any other matter relevant to a screening, comprehensive study, mediation or assessment by a review panel, such as the need for the project and alternatives to the project, whose consideration may be required by the decision-making authority or, except in the case of a screening, the council of the first nation. Factors that may be considered (2) The environmental assessment may also consider community knowledge and aboriginal traditional knowledge.
First Nations Oil And Gas Environmental Assessment Regulations — 12
Source of information 12 Any available information may be used in conducting the screening or comprehensive study of a project but, if a decision-making authority is of the opinion that the information available is not adequate to enable it to make a decision, it shall ensure that any studies and information that it considers necessary for that purpose are undertaken or collected.
First Nations Oil And Gas Environmental Assessment Regulations — 13
Screening 13 (1) The decision-making authority shall ensure that a screening of every project is conducted and a screening report is prepared. Exceptions (2) Subsection (1) does not apply to a project referred to in section 4 that the first nation has exempted under its oil and gas law or to a project set out in the schedule. Scope of factors (3) In respect of a screening, the scope of the factors to be considered under paragraphs 11(1)(a), (b) and (d) and subsection 11(2) shall be determined by the decision-making authority.
First Nations Oil And Gas Environmental Assessment Regulations — 14
Public participation 14 If there are circumstances surrounding a project that would make the project of interest to the public, the decision-making authority (a) shall, before providing the public with an opportunity to examine and comment on the screening report, post on the Internet site referred to in section 49 a description of the scope of the project and either a description of the factors to be considered in the screening and their scope, or an indication of how a copy of the description of those factors and their scope may be obtained; (b) shall, before making a decision under section 16, give the public an opportunity to examine and comment on the screening report and any record relating to the project that has been included in the registry and shall give adequate notice of that opportunity; and (c) may, at any stage of the screening, give the public any other opportunity to participate in and comment on the screening.
First Nations Oil And Gas Environmental Assessment Regulations — 15
Time for decision 15 A decision-making authority shall not make any decision under subsection 16(1) before the 15th day after the day on which the following are posted on the Internet site referred to in section 49: (a) the notice of the commencement of the environmental assessment process; (b) the description of the scope of the project; and (c) if the decision-making authority gives the public an opportunity to examine and comment on the screening report and any record relating to the project that has been included in the registry, the description of the factors to be considered in the environmental assessment and their scope, or an indication of how a copy of the description may be obtained.
First Nations Oil And Gas Environmental Assessment Regulations — 16
Decision-making authority decision — screening 16 (1) After considering the screening report and any comments from the public and taking into account the implementation of any technically and economically feasible mitigation measures, the decision-making authority shall make one of the following decisions: (a) the project is not likely to cause significant adverse environmental effects; (b) the project is likely to cause significant adverse environmental effects that may be justified in the circumstances; (c) the project is likely to cause significant adverse environmental effects that cannot be justified in the circumstances; (d) it is uncertain that the project is likely to cause significant adverse environmental effects; or (e) public concerns warrant a referral to a mediator or a review panel. Mitigation measures — extent of authority (2) The mitigation measures that may be taken into account are those measures (a) whose implementation the decision-making authority can ensure; or (b) that the decision-making authority is satisfied will be implemented by another person or body.
First Nations Oil And Gas Environmental Assessment Regulations — 17
Undertaking project, implementing mitigation measures 17 If a decision-making authority makes a decision under paragraph 16(1)(a), it may exercise any power or perform any duty or function that would permit the project to be undertaken in whole or in part, and it shall ensure that any mitigation measures that it has taken into account and that are referred to in paragraph 16(2)(a) are implemented and that a follow-up program, if appropriate for the project, is designed and implemented.
First Nations Oil And Gas Environmental Assessment Regulations — 18
Referral to mediator or to a review panel 18 If the decision-making authority makes a decision under paragraph 16(1)(b), (d) or (e), it shall refer the project to the council of the first nation, which shall refer it to either a mediator or a review panel.
First Nations Oil And Gas Environmental Assessment Regulations — 19
Prohibition 19 If a decision-making authority makes a decision under paragraph 16(1)(c), it shall not exercise any power or perform any duty or function that would permit the project to be undertaken in whole or in part.
First Nations Oil And Gas Environmental Assessment Regulations — 20
Specific projects 20 Sections 21 to 30 apply to a project set out in the schedule.
First Nations Oil And Gas Environmental Assessment Regulations — 21
Public consultation 21 (1) The decision-making authority shall ensure that there is public consultation in respect of (a) the proposed scope of the project for the purposes of the environmental assessment; (b) the factors proposed to be considered in the environmental assessment and their proposed scope; and (c) the ability of a comprehensive study to address issues relating to the project. Report and recommendation (2) After the public consultation, as soon as the decision-making authority has sufficient information to do so, it shall, if the council of the first nation is not the decision-making authority, (a) report to the council of the first nation in respect of (i) the scope of the project, (ii) the factors to be considered in the environmental assessment and their scope, (iii) public concerns in relation to the project, (iv) the potential of the project to cause adverse environmental effects, and (v) the ability of a comprehensive study to address issues relating to the project; and (b) recommend to the council of the first nation that it refer the project to (i) the decision-making authority to ensure that a comprehensive study is conducted and that a comprehensive study report is prepared and provided to the council of the first nation, or (ii) a mediator or a review panel.
First Nations Oil And Gas Environmental Assessment Regulations — 22
Referral of project 22 The council of the first nation — taking into account the report and recommendation of the decision-making authority if the council of the first nation is not the decision-making authority, or taking into account the matters referred to in subparagraphs 21(2)(a)(i) to (v) if the council of the first nation is the decision-making authority and has sufficient information to do so — shall decide (a) if the council of the first nation is not the decision-making authority, to refer the project to the decision-making authority so that a comprehensive study is conducted and that a comprehensive study report is prepared and provided to the council of the first nation; (b) if the council of the first nation is the decision-making authority, to ensure that a comprehensive study is conducted and that a comprehensive study report is prepared; or (c) to refer the project to a mediator or a review panel.
First Nations Oil And Gas Environmental Assessment Regulations — 23
Additional factors 23 In addition to the factors that shall be considered under subsection 11(1) and may be considered under subsection 11(2), each comprehensive study shall consider the following factors: (a) the purpose of the project; (b) alternative means of carrying out the project that are technically and economically feasible and the environmental effects of those alternative means; (c) the requirements of the follow-up program for the project; and (d) the capacity of renewable resources that are likely to be significantly affected by the project to meet the needs of the present and those of the future.
First Nations Oil And Gas Environmental Assessment Regulations — 24
Public participation 24 If the council of the first nation has decided under paragraph 22(a) or (b) that a comprehensive study is to be conducted with respect to a project, the decision-making authority shall ensure that the public is provided with an opportunity, in addition to that provided under section 26, to participate in the comprehensive study.
First Nations Oil And Gas Environmental Assessment Regulations — 25
Scope of factors 25 In respect of a comprehensive study, the scope of the factors to be considered under paragraphs 11(1)(a), (b) and (d), subsection 11(2) and paragraphs 23(b) to (d) shall be determined by the decision-making authority.
First Nations Oil And Gas Environmental Assessment Regulations — 26
Public notice 26 (1) On receipt of a comprehensive study report, the decision-making authority shall publish, in an appropriate manner, a notice setting out the following information: (a) the date on which the comprehensive study report will be available to the public; (b) the place at which copies of the report may be obtained; and (c) the deadline and address for filing comments on the conclusions and recommendations and any other aspect of the report. Public concerns (2) Before the deadline any person may file, at the address set out in the notice, comments relating to the conclusions and recommendations and any other aspect of the comprehensive study report.
First Nations Oil And Gas Environmental Assessment Regulations — 27
Time for decision 27 A decision-making authority shall not make a decision under section 28 before the 30th day after the day on which the following are posted on the Internet site referred to in section 49: (a) the notice of the commencement of the environmental assessment process; (b) the description of the scope of the project; (c) the notice of the decision of the council of the first nation under paragraph 22(a) or (b) to refer the project to the decision-making authority to ensure that a comprehensive study is conducted; (d) the description of the factors to be considered in the environmental assessment and their scope, or an indication of how a copy of the description may be obtained; and (e) the comprehensive study report that is to be considered by the decision-making authority or a description of how a copy of it may be obtained.
First Nations Oil And Gas Environmental Assessment Regulations — 28
Decision by decision-making authority — comprehensive study 28 (1) If the council of the first nation has decided under paragraph 22(a) or (b) that a comprehensive study is to be conducted with respect to a project, the decision-making authority shall, after considering the comprehensive study report and any comments filed in accordance with subsection 26(2) and taking into account the implementation of any technically and economically feasible mitigation measures, make one of the following decisions: (a) the project is not likely to cause significant adverse environmental effects; (b) the project is likely to cause significant adverse environmental effects that can be justified in the circumstances; or (c) the project is likely to cause significant adverse environmental effects that cannot be justified in the circumstances. Mitigation measures — extent of authority (2) The mitigation measures that may be taken into account are those measures (a) whose implementation the decision-making authority can ensure; or (b) that the decision-making authority is satisfied will be implemented by another person or body.
First Nations Oil And Gas Environmental Assessment Regulations — 29
Undertaking project, implementing mitigation measures 29 If a decision-making authority makes a decision under paragraph 28(1)(a) or (b), it may exercise any power or perform any duty or function that would permit the project to be undertaken in whole or in part, and it shall ensure that any mitigation measures that it has taken into account and that are referred to in paragraph 28(2)(a) are implemented and that a follow-up program is designed and implemented.
First Nations Oil And Gas Environmental Assessment Regulations — 30
Prohibition 30 If a decision-making authority makes a decision under paragraph 28(1)(c), it shall not exercise any power or perform any duty or function that would permit the project to be undertaken in whole or in part.
First Nations Oil And Gas Environmental Assessment Regulations — 31
Council referral to mediation or review panel 31 The council of the first nation may, at any time before a decision under section 16 or 22 is made, refer a project to a mediator or a review panel if the council of the first nation determines that (a) taking into account the implementation of any technically and economically feasible mitigation measures, the project may cause significant adverse environmental effects; or (b) public concerns warrant a referral to a mediator or a review panel.
First Nations Oil And Gas Environmental Assessment Regulations — 32
Initial referral to mediator or review panel 32 (1) Subject to subsection (2), if a project is to be referred to a mediator or a review panel, the council of the first nation shall (a) refer the environmental assessment relating to the project to a mediator or a review panel; or (b) refer part of that assessment to a mediator and part of it to a review panel. Subsequent referral to mediator (2) The council of the first nation may, at any time, refer any issue relating to an environmental assessment by a review panel to a mediator if the council of the first nation is of the opinion, after consulting with the review panel, that mediation is appropriate in respect of the issue.
First Nations Oil And Gas Environmental Assessment Regulations — 33
Definition of interested party 33 (1) In this section and sections 34 to 38, the term interested party means any person or body having an interest in the outcome of an environmental assessment for a purpose that is neither frivolous nor vexatious. Condition on referral to mediator (2) An environmental assessment or a part of one shall not be referred to a mediator unless the interested parties have been identified and are willing to participate in the mediation.
First Nations Oil And Gas Environmental Assessment Regulations — 34
Appointment of mediator 34 (1) If a project is referred to a mediator, the council of the first nation or any other person or body specified in an agreement for the joint assessment of the project referred to in paragraph 37(3)(a) of the Act shall, after consulting with all parties who are to participate in the mediation, (a) appoint a mediator; and (b) fix the terms of reference of the mediation. Qualifications of mediator (2) Any person appointed as a mediator shall be unbiased and free from any conflict of interest relative to the project and have knowledge or experience in acting as a mediator.
First Nations Oil And Gas Environmental Assessment Regulations — 35
Factors to be considered 35 (1) In addition to the factors that shall be considered under subsection 11(1) and that may be considered under subsection 11(2), each mediation shall consider the factors set out in section 23. Scope of factors (2) In respect of a mediation, the scope of the factors set out in paragraphs 11(1)(a), (b) and (d), subsection 11(2) and paragraphs 23(b) to (d) shall be determined by the council of the first nation or any other person or body specified in an agreement for the joint assessment of the project referred to in paragraph 37(3)(a) of the Act when fixing the terms of reference of the mediation.
First Nations Oil And Gas Environmental Assessment Regulations — 36
Additional participants 36 The mediator may, at any time, allow an additional interested party to participate in a mediation.
First Nations Oil And Gas Environmental Assessment Regulations — 37
When mediation fails 37 If, at any time after an environmental assessment or part of an environmental assessment of a project has been referred to a mediator, the council of the first nation or the mediator determines that the mediation is not likely to produce a result that is satisfactory to all the participants, the council of the first nation shall order the conclusion of the mediation and shall refer all outstanding issues to a review panel.
First Nations Oil And Gas Environmental Assessment Regulations — 38
Report 38 (1) A mediator shall, at the conclusion of the mediation, prepare a report and submit it to the council of the first nation, and to the decision-making authority if the council of the first nation is not the decision-making authority. Privilege (2) No evidence of or relating to a statement made by a mediator or a participant to the mediation during the course of and for the purposes of the mediation is admissible without the consent of the mediator or participant, in any proceeding before a review panel, court, tribunal, body or person with jurisdiction to compel the production of evidence.
First Nations Oil And Gas Environmental Assessment Regulations — 39
Appointment of members of review panel 39 (1) If a project is referred to a review panel, the council of the first nation or any other person or body specified in an agreement for the joint assessment of the project referred to in paragraph 37(3)(a) of the Act shall (a) appoint members of the panel, including the chairperson; and (b) fix the terms of reference of the panel. Qualification of members (2) Any person appointed as a member of the panel shall be unbiased and free from any conflict of interest relative to the project and have knowledge or experience relevant to the anticipated environmental effects of the project.
First Nations Oil And Gas Environmental Assessment Regulations — 40
Factors to be considered 40 (1) In addition to the factors that shall be considered under subsection 11(1) and that may be considered under subsection 11(2), each assessment by a review panel shall consider the factors set out in section 23. Scope of factors (2) In respect of an assessment by a review panel, the scope of the factors set out in paragraphs 11(1)(a), (b) and (d), subsection 11(2) and paragraphs 23(b) to (d) shall be determined by the council of the first nation or any other person or body specified in an agreement for the joint assessment of the project referred to in paragraph 37(3)(a) of the Act when fixing the terms of reference of the review panel.
First Nations Oil And Gas Environmental Assessment Regulations — 41
Assessment by review panel 41 A review panel shall, within its terms of reference, (a) ensure that the information required for an assessment is obtained and made available to the public; (b) hold hearings in a manner that offers the public an opportunity to participate in the assessment; (c) prepare a report setting out the rationale, conclusions and recommendations of the panel relating to the environmental assessment of the project, including any mitigation measures and follow-up program, and a summary of any comments received from the public; and (d) submit the report to the council of the first nation, and to the decision-making authority if the council of the first nation is not the decision-making authority.