GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Mackenzie Valley Resource Management Act — M-0.2
mitigative or remedial measure means a measure for the control, reduction or elimination of an adverse impact of a development on the environment, including a restorative measure. ( mesures correctives ou d’atténuation )
Mackenzie Valley Resource Management Act — M-0.2
preliminary screening means an examination of a proposal for a development undertaken pursuant to section 124. ( examen préalable )
Mackenzie Valley Resource Management Act — M-0.2
regulatory authority , in relation to a development, means a body or person responsible for issuing a licence, permit or other authorization required for the development under any federal or territorial law, but does not include a designated regulatory agency or a local government. ( autorité administrative )
Mackenzie Valley Resource Management Act — M-0.2
responsible minister , in relation to a proposal for a development, means any minister of the Crown in right of Canada or of the territorial government having jurisdiction in relation to the development under federal or territorial law. ( ministre compétent )
Mackenzie Valley Resource Management Act — M-0.2
Review Board means the Mackenzie Valley Environmental Impact Review Board established by subsection 112(1). ( Office )
Mackenzie Valley Resource Management Act — M-0.2 111.1
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
Mackenzie Valley Resource Management Act — M-0.2 112
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. 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. 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. Quorum (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
Mackenzie Valley Resource Management Act — M-0.2 113
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.
Mackenzie Valley Resource Management Act — M-0.2 113.1
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. Request (2) The request shall be made at least two months before the day on which the member’s term expires. 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. 2019, c. 19, s. 14
Mackenzie Valley Resource Management Act — M-0.2 114
Purposes 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.
Mackenzie Valley Resource Management Act — M-0.2 115
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. 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
Mackenzie Valley Resource Management Act — M-0.2 115.1
Considerations 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
Mackenzie Valley Resource Management Act — M-0.2 116
Impact Assessment Act 116 The Impact Assessment Act does not apply in the Mackenzie Valley in respect of proposals for developments other than (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
Mackenzie Valley Resource Management Act — M-0.2 117
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. 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. 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. 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
Mackenzie Valley Resource Management Act — M-0.2 118
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. Requirements (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
Mackenzie Valley Resource Management Act — M-0.2 119
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.
Mackenzie Valley Resource Management Act — M-0.2 120
Guidelines 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
Mackenzie Valley Resource Management Act — M-0.2 121
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
Mackenzie Valley Resource Management Act — M-0.2 122
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.
Mackenzie Valley Resource Management Act — M-0.2 123
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.
Mackenzie Valley Resource Management Act — M-0.2 123.1
Consultation 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
Mackenzie Valley Resource Management Act — M-0.2 123.2
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. 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
Mackenzie Valley Resource Management Act — M-0.2 123.3
Nominations 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
Mackenzie Valley Resource Management Act — M-0.2 124
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. 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). 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). Cooperation (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
Mackenzie Valley Resource Management Act — M-0.2 125
ources and will not be a cause of public concern, that board may issue a licence, permit or other authorization for the development before the end of 10 days after the day on which the Review Board receives the report of the determination but that licence, permit or other authorization shall come into force only after the end of that 10-day period and if no referral under subsection 126(2) or (3) has been made during that period. Computation of time (5) If more than one body conducts a preliminary screening in respect of a development and they each determine that the development is unlikely to have a significant adverse impact on air, water or renewable resources and will not be a cause of public concern, the 10-day period referred to in subsections (3) and (4) begins after the day on which the Review Board receives the last of their reports of determination. Copy of report (6) A body that conducts a preliminary screening of a proposal shall provide a copy of its report to the person or body that proposes to carry out the development. 1998, c. 25, s. 125 2019, c. 19, s. 17
Mackenzie Valley Resource Management Act — M-0.2 126
Referral on preliminary screening 126 (1) The Review Board shall conduct an environmental assessment of a proposal for a development that is referred to the Review Board following a preliminary screening pursuant to section 125. Referral from department, agency, first nation or local government (2) Notwithstanding any determination on a preliminary screening, the Review Board shall conduct an environmental assessment of a proposal for a development that is referred to it by (a) a regulatory authority, designated regulatory agency or department or agency of the federal or territorial government; (b) the Gwich’in or Sahtu First Nation, in the case of a development to be carried out in its settlement area or a development that might have an impact on the environment in that settlement area; (c) the Tlicho Government, in the case of a development to be carried out wholly or partly in the part of Monfwi Gogha De Niitlee that is in the Northwest Territories or a development that might have an impact on the environment in that part; or (d) a local government, in the case of a development to be carried out within its boundaries or a development that might have an impact on the environment within its boundaries. Review Board’s own motion (3) Notwithstanding any determination on a preliminary screening, the Review Board may conduct an environmental assessment of a proposal for a development on its own motion. For greater certainty (4) For greater certainty, subsections (2) and (3) apply even if a preliminary screening has not been commenced or, if commenced, has not been completed. Notice (5) The Review Board shall give notice of a referral of a proposal under subsection (2), or of its decision to conduct an environmental assessment under subsection (3), to the person or body that proposes to carry out the development. 1998, c. 25, s. 126; 2005, c. 1, s. 76
Mackenzie Valley Resource Management Act — M-0.2 127
Application of EARP Order and CEAA 127 In an environmental assessment of a proposal for a development, the Review Board shall take into account any report made in relation to that proposal before the coming into force of this Part pursuant to the Environmental Assessment and Review Process Guidelines Order , approved by Order in Council P.C. 1984-2132 of June 21, 1984, and registered as SOR/84-467, or pursuant to the Canadian Environmental Assessment Act .
Mackenzie Valley Resource Management Act — M-0.2 127.1
Consultation 127.1 Before completing an environmental assessment of a proposal for a development that is to be carried out wholly or partly on first nation lands as defined in section 51 or on Tlicho lands, the Review Board shall consult the first nation on whose lands the development is to be carried out or, if the development is to be carried out on Tlicho lands, the Tlicho Government. 2005, c. 1, s. 77
Mackenzie Valley Resource Management Act — M-0.2 129
Delay 129 Where the Review Board makes a determination under paragraph 128(1)(a), (a) a regulatory authority, a designated regulatory agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development, and (b) where no licence, permit or authorization is required under any federal, territorial or Tlicho law for the development, the person or body that proposes to carry it out shall not proceed, before the expiration of ten days after receiving the report of the Review Board. 1998, c. 25, s. 129; 2005, c. 1, s. 79
Mackenzie Valley Resource Management Act — M-0.2 130
06) If the federal Minister or 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 federal Minister’s or the Review Board’s opinion, as the case may be, to comply with the requirement is not included in the calculation of the time limit under subsection (4.01) or (4.02) or of its extension. Notification — paragraph (1)(c) (4.07) If, following an order by the Review Board that an environmental impact review of a proposal be conducted, the federal Minister and the responsible ministers do not refer a proposal to the Minister of the Environment under paragraph (1)(c), the federal Minister shall so advise the Review Board in writing within three months after the day on which the federal Minister receives the Review Board’s report of an environmental assessment. Time limit — hearings (4.08) If the Review Board holds a public hearing during the conduct of the environmental assessment, the time limit referred to in subsection (4.07) is extended to five months. Extension of time limit by federal Minister (4.09) The federal Minister may extend the time limit referred to in subsection (4.07) or (4.08) by a maximum of two months to take into account circumstances that are specific to the proposal. Extension of time limit by Governor in Council (4.1) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (4.09) any number of times. 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. 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 to the extent of their respective authorities. 1998, c. 25, s. 130; 2005, c. 1, s. 80; 2014, c. 2, s. 208 2019, c. 28, s. 188
Mackenzie Valley Resource Management Act — M-0.2 131.1
Decision by Tlicho Government 131.1 (1) If a development is to be carried out wholly or partly on Tlicho lands, the Tlicho Government shall, after considering a report of the Review Board containing a recommendation made under subparagraph 128(1)(b)(ii), (a) adopt the recommendation or refer it back to the Review Board for further consideration; or (b) after consulting the Review Board, adopt the recommendation with modifications or reject it. Effect of decision (2) The Tlicho Government shall carry out, to the extent of its authority, any recommendation that it adopts. Additional information (3) If the Tlicho Government considers any new information that was not before the Review Board, or any matter of public concern that was not referred to in the Review Board’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). 2005, c. 1, s. 81