Mackenzie Valley Resource Management Act (S.C. 1998, c. 25)

Marginal note: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.

Powers of Tlicho Government

Marginal note:Policy directions by the Tlicho Government

109.1 The Tlicho Government may exercise the same powers and shall perform the same duties in relation to the Board and the regional panel of the Board referred to in subsection 99(2.1) as those that the Tlicho Government has under section 83 in relation to the Wekeezhii Land and Water Board.

Powers of Déline Got’ine Government

Marginal note:Policy directions by Déline Got’ine Government

109.11 The Déline Got’ine Government may exercise the same powers and shall perform the same duties in relation to the Board and the regional panel of the Board referred to in subsection 99(2) as those that the Déline Got’ine Government has under section 83 in relation to the Sahtu Land and Water Board.

Precedence Relating to Policy Directions

Marginal note:Conflict between policy directions

• 109.2 (1) If there is a conflict between policy directions given by the federal Minister under section 109 and policy directions given by the Tlicho Government under section 109.1, the policy directions under section 109.1 prevail to the extent of the conflict.

• Marginal note:Conflict between legislation and policy directions

  (2) If there is a conflict between policy directions given by the federal Minister under section 109 or by the Tlicho Government under section 109.1 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.

• Marginal note:Conflict between policy directions

  (3) If there is a conflict between policy directions given by the federal Minister under section 109 and policy directions given by the Déline Got’ine Government under section 109.11, the policy directions given under section 109.11 prevail to the extent of the conflict.

• Marginal note:Conflict between legislation and policy directions

  (4) If there is a conflict between policy directions given by the federal Minister under section 109 or by the Déline Got’ine Government under section 109.11 and the provisions of any Act of Parliament, of any regulations made under an Act of Parliament or of any territorial law, those provisions prevail to the extent of the conflict.

Cost Recovery

Marginal note:Regulations apply

109.3 Regulations made under section 90.31 apply to the recovery of amounts and costs relating to the consideration of an application for a licence issued by the Board or for the amendment, renewal or cancellation of a licence as if a reference to “licence” in those regulations were a reference to a licence as defined in subsection 96(1).

Consultations

Marginal note:Regulations apply

109.4 Regulations made under section 90.32 apply to any consultation that is undertaken by any person or entity in relation to the issuance, amendment, renewal, suspension or cancellation of a licence, permit or other authorization by the Board as if a reference to “licence” or “permit” in those regulations were a reference to a licence or permit as defined in subsection 96(1).

Enforcement

Marginal note:Inspector

110 An inspector designated under subsection 84(1) may exercise and shall perform, in relation to the use of land or waters or the deposit of waste, the powers, duties and functions of an inspector under Part 3.

PART 5Mackenzie Valley Environmental Impact Review Board

Interpretation and Application

Marginal note:Definitions

• 111 (1) The following definitions apply in this Part.

  designated regulatory agency

  designated regulatory agency means an agency named in the schedule, referred to in a land claim agreement as an independent regulatory agency. (organisme administratif désigné)

  development

  development means any undertaking, or any part or extension of an undertaking, that is carried out on land or water and includes an acquisition of lands pursuant to the Historic Sites and Monuments Act and measures carried out by a department or agency of government leading to the establishment of a park subject to the Canada National Parks Act or the establishment of a park under a territorial law. (projet de développement)

  environmental assessment

  environmental assessment means an examination of a proposal for a development undertaken by the Review Board pursuant to section 126. (évaluation environnementale)

  environmental impact review

  environmental impact review means an examination of a proposal for a development undertaken by a review panel established under section 132. (étude d’impact)

  follow-up program

  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. (programme de suivi)

  impact on the environment

  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. (répercussions environnementales ou répercussions sur l’environnement)

  mitigative or remedial measure

  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)

  preliminary screening

  preliminary screening means an examination of a proposal for a development undertaken pursuant to section 124. (examen préalable)

  regulatory authority

  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)

  responsible minister

  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)

  Review Board

  Review Board means the Mackenzie Valley Environmental Impact Review Board established by subsection 112(1). (Office)

• Marginal note:Application

  (2) This Part applies in respect of developments to be carried out wholly or partly within the Mackenzie Valley and, except for section 142, does not apply in respect of developments wholly outside the Mackenzie Valley.

Marginal note: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.

Establishment of Review Board

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note:Request

  (2) The request shall be made at least two months before the day on which the member’s term expires.

• Marginal note: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.

General Provisions

Marginal note: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.

Marginal note: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.

• Marginal note: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.