|
|
|
|
| Establishment
of additional
panels
|
108. (1) The Governor in Council may, on
the recommendation of the federal Minister,
establish up to three regional panels of the
Board in addition to those referred to in
subsection 99(2).
|
|
| Powers
|
(2) The area of the Mackenzie Valley in
which such a regional panel has jurisdiction
shall be specified by the Governor in Council,
following consultation with affected first
nations, and subsections 102(2) and 103(2) to
(5) apply in relation to that area with such
modifications as are required.
|
|
| Appointment
|
(3) The members of such a regional panel
shall be appointed by the federal Minister and
must include one of the members of the Board
referred to in paragraph 99(4)(a) and one of
the members referred to in paragraph 99(4)(b)
or (c).
|
|
| Chairperson
|
(4) The chairperson of such a regional panel
shall be appointed by the federal Minister
from persons nominated by a majority of the
members of the regional panel.
|
|
| Appointment
by federal
Minister
|
(5) If a majority of the members do not
nominate a person acceptable to the federal
Minister within a reasonable time, the
Minister may appoint any person as
chairperson.
|
|
| Absence or
incapacity of
chairperson
|
(6) A regional panel established under this
section may designate a member to act as
chairperson during the absence or incapacity
of the chairperson or a vacancy in the office of
chairperson, and that person may exercise the
powers and shall perform the duties of the
chairperson while so acting.
|
|
| Members of
Board
|
(7) The chairperson and the members of
such a regional panel who are not already
members of the Board become members of the
Board on their appointment to the regional
panel.
|
|
| Notice
|
(8) A notice of the establishment of a
regional panel under this section shall be
published in a newspaper circulated in the
Mackenzie Valley.
|
|
| Minister's
functions
|
109. The federal Minister may exercise the
same powers and shall perform the same
duties in relation to the Board and its regional
panels as are conferred or imposed on the
federal Minister in relation to a board
established by Part 3.
|
|
|
|
|
|
| Inspectors
|
110. An inspector designated under
subsection 84(1) may exercise and shall
perform, in relation to land to which a permit
applies, the powers and duties of an inspector
under Part 3.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Definitions
|
111. The definitions in this section apply in
this Part.
|
|
``designated
regulatory
agency''
« organisme
administratif
désigné »
|
``designated regulatory agency'' means an
agency named in the schedule, referred to in
a land claim agreement as an independent
regulatory agency.
|
|
``development
''
« projet de
développemen
t »
|
``development'' means any undertaking, or
any part of an undertaking, that is carried
out on land or water and, except where the
context otherwise indicates, wholly within
the Mackenzie Valley, and includes
measures carried out by a department or
agency of government leading to the
establishment of a national park subject to
the National Parks Act and an acquisition of
lands pursuant to the Historic Sites and
Monuments Act.
|
|
``environment
al
assessment''
« évaluation
environmental
e »
|
``environmental assessment'' means an
examination of a proposal for a
development undertaken by the Review
Board pursuant to section 126.
|
|
``environment
al impact
review''
« étude
d'impact »
|
``environmental impact review'' means an
examination of a proposal for a
development undertaken by a review panel
established under section 132.
|
|
``follow-up
program''
« programme
de suivi »
|
``follow-up program'' means a program for
evaluating
|
|
|
|
(a) the soundness of an environmental
assessment or environmental impact
review of a proposal for a development;
and
|
|
|
|
(b) the effectiveness of the mitigative or
remedial measures imposed as
conditions of approval of the proposal.
|
|
``impact on
the
environment''
« répercussion
s
environnemen
tales » ou
« répercussion
s sur
l'environneme
nt »
|
``impact on the environment'' means any
effect on land, water, air or any other
component of the environment, as well as
on wildlife harvesting, and includes any
effect on the social and cultural
environment or on heritage resources.
|
|
``mitigative or
remedial
measure''
« mesures
correctives ou
d'atténuation
»
|
``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.
|
|
``preliminary
screening''
« examen
préalable »
|
``preliminary screening'' means an
examination of a proposal for a
development undertaken pursuant to
section 124.
|
|
``regulatory
authority''
« autorité
administrative
»
|
``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.
|
|
``responsible
minister''
« ministre
compétent »
|
``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.
|
|
``Review
Board''
« Office »
|
``Review Board'' means the Mackenzie
Valley Environmental Impact Review
Board established by subsection 112(1).
|
|
|
|
|
|
| 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
|
(2) One half of the members of the Review
Board other than the chairperson shall be
persons appointed on the nomination of first
nations, including at least one nominated by
the Gwich'in First Nation and one nominated
by the Sahtu First Nation.
|
|
| Government
members
|
(3) Of the members of the Review Board
other than the chairperson and those
nominated by first nations, 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 on the nomination of first
nations and two of the members not so
appointed other than the chairperson.
|
|
| 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.
|
|
|
|
|
|
| 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.
|
|
| Guiding
principles
|
115. 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; and
|
|
|
|
(b) the protection of the social, cultural and
economic well-being of residents and
communities in the Mackenzie Valley.
|
|
| Canadian
Environmenta
l Assessment
Act
|
116. The Canadian Environmental
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), to the extent provided by such
agreements.
|
|
| 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 imposition of 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.
|
|
| Implementatio
n of proposals
|
118. (1) No licence, permit or other
authorization required for the carrying out of
a development may be issued under any
federal or territorial law unless the
requirements of this Part have been complied
with in relation to the development.
|
|
| Implementatio
n of proposals
|
(2) Where the Gwich'in or Sahtu First
Nation, 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, it shall comply with the
requirements of this Part before taking any
irrevocable action in relation to the
development.
|
|
| 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.
|
|
| Guidelines
|
120. Following consultation with first
nations 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).
|
|
| Written
reasons
|
121. The Review Board, a review panel
thereof, the federal Minister, a responsible
minister, a designated regulatory agency, a
regulatory authority or the Gwich'in or Sahtu
First Nation shall issue and make available to
the public written reasons for any decision or
recommendation made under the process
established by this Part.
|
|
| 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.
|
|
| 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.
|
|