• 89. (1) The portion of subsection 141(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Agreement — cases other than Wekeezhii

    (2) If an environmental impact review is ordered under subparagraph 128(1)(b)(i), paragraph 128(1)(c) or 130(1)(a), subparagraph 130(1)(b)(ii) or paragraph 131(1)(b) in respect of a proposal for a development referred to in subsection (1), other than a development referred to in subsection (3), the Review Board may, with the approval of the federal Minister,

• Marginal note:1998, c. 15, par. 48(e); 2002, c. 7, s. 206(2)(E)

  (2) Subsections 141(3) to (5) of the Act are replaced by the following:

  • Marginal note:Agreement — Wekeezhii

    (3) If an environmental impact review is ordered under subparagraph 128(1)(b)(i), paragraph 128(1)(c) or 130(1)(a), subparagraph 130(1)(b)(ii) or paragraph 131(1)(b) 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 and either is to be carried out partly in Wekeezhii or might have an impact on the environment in Wekeezhii, the Review Board shall enter into an agreement for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the impact on the environment of the development

    • (a) with an authority responsible for the examination of environmental effects of the part of the development that is to be carried out outside the Mackenzie Valley; or

    • (b) with the Minister of the Environment if that Minister is authorized under section 40 of the Canadian Environmental Assessment Act to enter into such an agreement.

  • Marginal note:Where no agreement

    (4) Despite subsection (3), if, within the period fixed by the regulations, an agreement has not been entered into under that subsection, 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.

  • Marginal note:Report

    (5) A review panel or joint panel established by an agreement referred to in subsection (2) or (3) shall make a report of its examination to

    • (a) the federal Minister, who shall distribute it to every responsible minister;

    • (b) any designated regulatory agency from which a licence, permit or other authorization is required for the carrying out of the development;

    • (c) in the case of a joint panel referred to in paragraph (2)(b) or (3)(a), the minister of the federal, provincial or territorial government having jurisdiction in relation to examinations conducted by the authority referred to in that paragraph; and

    • (d) the Tlicho Government, if the development is to be carried out partly on Tlicho lands.

  • Marginal note:Provisions applicable

    (6) An examination by a review panel or joint panel referred to in subsection (2) or (3) stands in lieu of an environmental impact review of the proposal referred to in that subsection 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.

• 90. (1) The portion of subsection 143(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Regulations

  • 143. (1) The Governor in Council may, following consultation by the federal Minister with the territorial Minister, first nations and the Tlicho Government, make regulations for carrying out the purposes and provisions of this Part and, in particular, regulations

• (2) Subsection 143(1) of the Act is amended by striking out the word “and” at the end of paragraph (c) and by adding the following after paragraph (d):

  • (e) fixing a period for the purposes of subsection 138.1(2) and respecting mediation referred to in that subsection;

  • (f) fixing the period within which a matter may be referred to arbitration under subsection 138.1(3) and respecting arbitration under that subsection; and

  • (g) fixing a period for the purposes of subsections 138.1(4) and 141(4).

• (3) Subsection 143(2) of the Act is replaced by the following:

  • Marginal note:Consultation with Review Board

    (2) Regulations may only be made under paragraph (1)(a), (d), (e), (f) or (g), or amended under paragraph (1)(b) or (c), following consultation by the federal Minister with the Review Board.

91. Subsection 144(1) of the Act is replaced by the following:

92. Section 147 of the Act is replaced by the following:

• 93. (1) Subsection 148(2) of the Act is replaced by the following:

  • Marginal note:Terms of reference

    (2) The federal Minister shall, after consulting the Gwich’in First Nation, the Sahtu First Nation, the Tlicho Government and the territorial government, fix the terms of reference of an environmental audit, including the key components of the environment to be examined.

• (2) Subsection 148(5) of the Act is replaced by the following:

  • Marginal note:Participation by first nations and Tlicho Government

    (5) The Gwich’in and Sahtu First Nations and the Tlicho Government are entitled to participate in an environmental audit in the manner provided by the regulations.

• 94. (1) The portion of section 150 of the Act before paragraph (a) is replaced by the following:

  Marginal note:Regulations

  150. The Governor in Council may, after consultation by the federal Minister with affected first nations, the Tlicho Government and the territorial Minister, make regulations for carrying out the purposes and provisions of this Part and, in particular, regulations

• (2) Paragraph 150(c) of the Act is replaced by the following:

  • (c) respecting the manner of participation of the Gwich’in and Sahtu First Nations and the Tlicho Government in the functions of a responsible authority that is not a minister of the Crown or in an environmental audit.

TRANSITIONAL PROVISIONS

Marginal note:Wekeezhii Land and Water Board

• 95. (1) The Wekeezhii Land and Water Board established by section 57.1 of the Mackenzie Valley Resource Management Act, as enacted by section 31 of this Act, may not exercise its powers or perform its duties under sections 58.1 and 59, subsections 60(1) and (2), sections 79.1 to 79.3, 80.1 and 88 and subsection 89(2) of the Mackenzie Valley Resource Management Act until six months after the coming into force of this Act.

• Marginal note:Mackenzie Valley Land and Water Board

  (2) Despite subsection 102(1) of the Mackenzie Valley Resource Management Act, the Mackenzie Valley Land and Water Board shall exercise the powers and perform the duties of the Wekeezhii Land and Water Board under sections 58.1, 79.1 to 79.3, 80.1 and 88 and subsection 89(2) of that Act during the period of six months after the coming into force of this Act.

• Marginal note:Exclusive original jurisdiction

  (3) Despite subsection 32(1) of the Mackenzie Valley Resource Management Act and section 18 of the Federal Courts Act, the Supreme Court of the Northwest Territories has exclusive original jurisdiction to hear and determine any action or proceeding, whether or not by way of an application of a type referred to in subsection 32(1) of the Mackenzie Valley Resource Management Act, concerning the jurisdiction of the Wekeezhii Land and Water Board during the period of six months after the coming into force of this Act.

Marginal note:Validity of ordinances of the Northwest Territories

96. The following ordinances of the Northwest Territories are deemed for all purposes to have been validly made if they were made before the coming into force of this Act and would have been validly made if they had been made after that coming into force, and everything done under any of those ordinances before that coming into force has the effect that it would otherwise have if the ordinance had been validly made after that coming into force:

• (a) the ordinance of the Northwest Territories entitled the Tlicho Land Claims and Self-Government Agreement Act;

• (b) an ordinance that establishes community governments as required by chapter 8 of the Agreement; and

• (c) an ordinance that establishes a community services agency as required by the first intergovernmental services agreement referred to in 7.10 of chapter 7 of the Agreement.

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1Access to Information Act

Marginal note:2000, c. 7, s. 21(2)

97. Subsection 13(3) of the Access to Information Act is replaced by the following:

R.S., c. L-6Canada Lands Surveys Act

98. Paragraph 24(1)(a) of the Canada Lands Surveys Act is amended by striking out the word “or” at the end of subparagraph (iv), by replacing the word “and” at the end of subparagraph (v) with the word “or” and by adding the following after subparagraph (v):

1992, c. 37Canadian Environmental Assessment Act

99. Section 40 of the Canadian Environmental Assessment Act is amended by adding the following after subsection (2.1):

R.S., c. 44 (4th Supp.)Lobbyists Registration Act

100. Subsection 4(1) of the Lobbyists Registration Act is amended by adding the following after paragraph (d.2):

R.S., c. N-27Northwest Territories Act

101. The Northwest Territories Act is amended by adding the following after section 16:

102. The Act is amended by adding the following after section 17:

1992, c. 39Northwest Territories Waters Act

103. The Northwest Territories Waters Act is amended by adding the following after section 9:

104. Section 14 of the Act is amended by adding the following after subsection (6):

R.S., c. M-13; 2000, c. 8, s. 2Payments in Lieu of Taxes Act

105. The definition “taxing authority” in subsection 2(1) of the Payments in Lieu of Taxes Act is amended by striking out the word “or” at the end of paragraph (e), by adding the word “or” at the end of paragraph (f) and by adding the following after paragraph (f):

R.S., c. P-21Privacy Act

Marginal note:2000, c. 7, s. 26(2)

106. Subsection 8(7) of the Privacy Act is replaced by the following: