GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Mackenzie Valley Resource Management Act — M-0.2 131.2
Conservation 131.2 In making a decision under paragraph 130(1)(b) or subsection 131(1) or 131.1(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. 81
Mackenzie Valley Resource Management Act — M-0.2 132
Appointment of review panel 132 (1) Subject to sections 138 to 141, an environmental impact review of a proposal for a development shall be conducted by a review panel consisting of three or more members appointed by the Review Board, including a chairperson. Expert members (2) A review panel may, in addition to members of the Review Board, include as members of the panel persons having particular expertise related to the development. Board members to participate in appointments (3) The members of the Review Board who participate in the appointment of a review panel must include in equal numbers (a) members who were appointed on the nomination of a first nation or the Tlicho Government; and (b) members not so appointed, other than the chairperson. Time limit (4) The Review Board shall appoint members to a review panel 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 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. Extension of time limit by federal Minister (5) The federal Minister may, at the request of the Review Board, extend the time limit referred to in subsection (4) 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 (6) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (5) any number of times. Excluded period (7) 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 Board’s opinion, to comply with the requirement is not included in the calculation of the time limit under subsection (4) or of its extension. 1998, c. 25, s. 132; 2005, c. 1, s. 82; 2014, c. 2, s. 212
Mackenzie Valley Resource Management Act — M-0.2 133
Powers and duties of panel 133 (1) A review panel may exercise the powers and shall perform the duties of the Review Board in the conduct of an environmental impact review. Instructions (2) A review panel may issue, with respect to an impact statement referred to in paragraph 134(1)(b), special instructions not inconsistent with any guidelines issued under section 120.
Mackenzie Valley Resource Management Act — M-0.2 133.1
Coordination 133.1 The Review Board shall to the extent possible coordinate any environmental impact review conducted by a review panel of a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley with any examination of the environmental impact of that development conducted by another authority responsible for the examination of environmental effects of the part of the development to be carried out outside the Mackenzie Valley. 2005, c. 1, s. 83
Mackenzie Valley Resource Management Act — M-0.2 134
ded period (6) 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 (3) or of its extension. Copy of report (7) A copy of the report of a review panel shall be provided to (a) the Gwich’in First Nation, if the development is to be carried out wholly or partly on its first nation lands, as defined in section 51; and (b) the Sahtu First Nation, if the development is to be carried out wholly or partly on its first nation lands, as defined in section 51. 1998, c. 25, s. 134; 2005, c. 1, s. 84; 2014, c. 2, s. 213
Mackenzie Valley Resource Management Act — M-0.2 135
Consideration of report by ministers 135 (1) After considering the report of a review panel, the federal Minister and responsible ministers to whom the report was distributed may agree to (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. Additional information (2) If the federal Minister and responsible ministers consider any new information that was not before the review panel, or any matter of public concern not referred to in the panel’s reasons, the new information or the matter shall be identified in the decision made under this section and in their consultations under paragraph (1)(b).
Mackenzie Valley Resource Management Act — M-0.2 136
Distribution of decision 136 (1) The federal Minister shall distribute a decision under section 135 to every first nation, local government, regulatory authority and department or agency of the territorial or federal government affected by the decision. Time limits (1.1) The federal Minister shall distribute the decision within six months after the day on which the federal Minister received the review panel’s report. Extension of time limit by federal Minister (1.2) The federal Minister 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. Extension of time limit by Governor in Council (1.3) The Governor in Council may, on the recommendation of the federal Minister, further extend the time limit extended under subsection (1.2) any number of times. Time limit — further consideration (1.4) If a recommendation is referred back to the review panel for further consideration under paragraph 135(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. Excluded period (1.5) If the federal Minister 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 federal Minister’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. Effect of decision (2) The federal Minister and responsible ministers shall carry out a decision made under section 135 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 under that section shall act in conformity with the decision to the extent of their respective authorities. 1998, c. 25, s. 136; 2005, c. 1, s. 85; 2014, c. 2, s. 214
Mackenzie Valley Resource Management Act — M-0.2 137
Consideration of report by agencies 137 (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. 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. 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. 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. 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. 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. 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). 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
Mackenzie Valley Resource Management Act — M-0.2 137.1
Decision by Tlicho Government 137.1 (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. 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). 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
Mackenzie Valley Resource Management Act — M-0.2 137.2
Conservation 137.2 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
Mackenzie Valley Resource Management Act — M-0.2 137.3
Consultation 137.3 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. 2005, c. 1, s. 86; 2014, c. 2, s. 217 2019, c. 28, s. 165
Mackenzie Valley Resource Management Act — M-0.2 138.1
Agreement — national interest referral 138.1 (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 . 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). 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. 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. 2005, c. 1, s. 87; 2014, c. 2, s. 220 2019, c. 28, s. 167
Mackenzie Valley Resource Management Act — M-0.2 140
ded 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. 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
Mackenzie Valley Resource Management Act — M-0.2 142
Transregional impact 142 Where a development proposed to be carried out wholly in a region of the Northwest Territories, Yukon or Nunavut adjacent to the Mackenzie Valley, or wholly in a province, might have a significant adverse impact on the environment in 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 the environmental effects of such developments in that region or province to provide for the participation of the Review Board in the examination of the environmental effects of the development by that authority. 1998, c. 15, s. 48, c. 25, s. 142; 2002, c. 7, s. 207(E)
Mackenzie Valley Resource Management Act — M-0.2 142.01
Obligation to pay 142.01 (1) The person or body that proposes to carry out the development shall pay to the federal Minister the following amounts and costs relating to an environmental assessment, an environmental impact review or an examination — carried out by a review panel, or a joint panel, established jointly by the Review Board and any other person or body — that stands in lieu of an environmental impact review: (a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Review Board or its members or of members of the Review Board’s review panels or of a review panel or a joint panel; (b) any costs incurred by the Review Board for services that are prescribed by the regulations and that are provided to it by a third party; and (c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal Minister. Scope (2) For the purposes of subsection (1), the services, powers, duties or functions described in that subsection are limited to those provided, exercised or performed (a) during the period that begins when a proposed development is referred to the Review Board under section 125, or when a person or body that proposes to carry out a development is given notice under subsection 126(5), and ends when a copy of the final decision under the process set out in this Part is issued to that person or body; or (b) during any period prescribed by the regulations that is within the period referred to in paragraph (a). Debt due to Her Majesty (3) The amounts and costs that a person or body that proposes to carry out a development is to pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction. 2019, c. 19, s. 30
Mackenzie Valley Resource Management Act — M-0.2 142.1
Public register 142.1 (1) The Review Board shall maintain at its main office a register convenient for use by the public in which shall be entered the following: (a) all documents that are produced, collected or received by 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 in relation to any environmental assessment or environmental impact review; (b) any notice it receives under subsection 124(1) or (2); and (c) any report it receives under paragraph 125(1)(a) or (2)(a). Register to be open to inspection (2) The register shall be open to inspection by any person during the Review Board’s normal business hours, subject to the payment of any fee prescribed by the regulations. Copies of contents of register (3) The Review Board shall, on request and on payment of any fee prescribed by the regulations, make available copies of information contained in the register. Internet access (4) The register shall also be made accessible to the public via the Internet. Categories of available information (5) Despite any other provision of this Act, the register shall contain information only if (a) it has otherwise been made publicly available; or (b) in the case of a record, the Review Board (i) determines that it would have been disclosed to the public in accordance with the Access to Information Act if a request had been made in respect of that record under that Act at the time the record came under the control of the Review Board, including any record that would be disclosed in the public interest under subsection 20(6) of that Act, or (ii) has reasonable grounds to believe that it would be in the public interest to disclose the record because it is required for the public to participate effectively in a preliminary screening, environmental assessment or environmental impact review, other than any record whose disclosure would be prohibited under section 20 of the Access to Information Act . Applicability of sections 27, 28 and 44 of Access to Information Act (6) Sections 27, 28 and 44 of the Access to Information Act apply to any information described in subsection 27(1) of that Act that the Review Board intends to be included in the register with any necessary modifications, including the following: (a) the information is deemed to be a record that the head of a government institution intends to disclose; and (b) any reference to the person who requested access shall be disregarded. 2014, c. 2, s. 224
Mackenzie Valley Resource Management Act — M-0.2 142.2
Minister’s policy directions to Review Board 142.2 (1) The federal Minister may, after consultation with the Review Board and the Tlicho Government, give written policy directions that are binding on the Review Board or its review panels with respect to the exercise of any of their functions under this Act. Limitation (2) Policy directions do not apply in respect of a proposal for a development that, at the time the directions are given, is before the Review Board or one of its review panels. Conflict (3) If there is a conflict between policy directions given under this section and the provisions of any Act of Parliament, any regulations made under an Act of Parliament or any territorial law, those provisions prevail to the extent of the conflict. 2014, c. 2, s. 224
Mackenzie Valley Resource Management Act — M-0.2 143.1
Incorporation by reference — limitation removed 143.1 The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to the powers to make regulations under this Part. 2019, c. 19, s. 33
Mackenzie Valley Resource Management Act — M-0.2 144
Schedule 144 (1) The Governor in Council may, by regulations made following consultation by the federal Minister with the territorial Minister, the Review Board, the first nations and the Tlicho Government, amend the schedule by adding, or by deleting, the name of any agency, other than a land and water board established by Part 3 or 4, that exercises regulatory powers pursuant to territorial or federal laws and that is not subject to specific control or direction by a minister of the federal or territorial government or the Governor in Council. Exception (2) Policy directions of general application governing an agency, or the power to approve, vary or rescind an agency’s decisions, do not constitute specific control or direction for the purposes of subsection (1). 1998, c. 25, s. 144; 2005, c. 1, s. 91
Mackenzie Valley Resource Management Act — M-0.2 144.1
Definitions 144.1 The following definitions apply in this Part. board has the same meaning as in section 51 or subsection 96(1), as the case may be. ( office ) inspector means a person designated as an inspector under section 84 or 142.24. ( inspecteur ) management area has the same meaning as in section 51. ( zone de gestion ) penalty means an administrative monetary penalty imposed under this Part for a violation. ( pénalité ) review body means (a) with respect to a violation relating to Part 3 that is designated as such by a regulation made under paragraph 144.11(1)(a), (i) the Gwich’in Land and Water Board, if the violation was committed in its management area, (ii) the Sahtu Land and Water Board, if the violation was committed in its management area, (iii) the Wekeezhii Land and Water Board, if the violation was committed in its management area, or (iv) the Mackenzie Valley Land and Water Board, if the violation was committed in an area outside any management area; (b) despite subparagraphs (a)(i) to (iii), the Mackenzie Valley Land and Water Board, if the violation relating to Part 3 that was committed in a management area is a failure to comply with a term or condition of any licence, permit or other authorization issued by that Board or a contravention of any order, direction or decision made or given in relation to such a licence, permit or other authorization; and (c) with respect to a violation relating to Part 5 that is designated as such by a regulation made under paragraph 144.11(1)(a), the federal Minister. ( réviseur ) 2019, c. 19, s. 35
Mackenzie Valley Resource Management Act — M-0.2
board has the same meaning as in section 51 or subsection 96(1), as the case may be. ( office )
Mackenzie Valley Resource Management Act — M-0.2
inspector means a person designated as an inspector under section 84 or 142.24. ( inspecteur )
Mackenzie Valley Resource Management Act — M-0.2
management area has the same meaning as in section 51. ( zone de gestion )
Mackenzie Valley Resource Management Act — M-0.2
penalty means an administrative monetary penalty imposed under this Part for a violation. ( pénalité )