Mackenzie Valley Resource Management Act — M-0.2 31
31 The Act is amended by adding the following after section 142.2: Amendment of Certificate Examination 142.21 (1) With the approval of the federal Minister, the Review Board may, on its own initiative or at the request of the person or body to which a development certificate was issued under section 131.3 or 137.4 or any interested person, examine the conditions of that certificate if (a) the conditions are not achieving their intended purpose or are having effects that are significantly different from those anticipated at the time the certificate was issued; (b) the circumstances relating to the development are significantly different from those anticipated at the time the certificate was issued; or (c) technological developments or new information provides a more efficient method of achieving the intended purpose of the conditions. Minister’s initiative (2) The Review Board shall examine the conditions set out in a development certificate that it has issued if the federal Minister is of the opinion that any of paragraphs (1)(a) to (c) applies and so advises the Review Board. Notice (3) The Review Board shall notify the person or body and the federal Minister in writing of an examination undertaken under subsection (1) or the person or body of an examination undertaken under subsection (2). Conduct of examination (4) The Review Board may conduct its examination of the conditions in the manner that it considers appropriate in the circumstances. Report (5) Within five months after the day on which the federal Minister gives the Review Board his or her approval under subsection (1) or advises the Review Board of his or her opinion under subsection (2), the Review Board shall submit a written report to the federal Minister that contains (a) an assessment of the conditions in force; and (b) its recommendations as to the conditions that should apply in respect of the development. Extension of time limit by federal Minister (6) The federal Minister may, at the request of the Review Board, 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 development. Extension of time limit by Governor in Council (7) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (6) any number of times. Excluded period (8) If the Review Board requires the person or body to which the development certificate in question was issued 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 or of its extension. Report to ministers (9) The federal Minister shall distribute the Review Board’s report to every responsible minister. Ministers’ decision (10) The federal Minister and the responsible ministers may agree, in respect of each recommendation in that report, either to (a) accept it; (b) refer it back to the Review Board for further consideration; or (c) after consulting the Review Board, adopt it with modifications. Distribution of decision (11) The federal Minister shall distribute a decision made under subsection (10) to the Review Board and to every first nation, local government, regulatory authority and department and agency of the federal or territorial government affected by the decision. Time limits (12) The federal Minister shall distribute a decision made under this section within three months after the day on which the federal Minister receives the Review Board’s report under subsection (5). Extension of time limit by federal Minister (13) The federal Minister may extend the time limit referred to in subsection (12) by a maximum of two months to take into account circumstances that are specific to the development. Extension of time limit by Governor in Council (14) The Govern