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Bill C-6

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Preliminary Screening

Application to regulator

124. (1) Where, pursuant to any federal or territorial law specified in the regulations made under paragraph 143(1)(b), an application is made to a regulatory authority or designated regulatory agency for a licence, permit or other authorization required for the carrying out of a development, the authority or agency shall notify the Review Board in writing of the application and conduct a preliminary screening of the proposal for the development, unless the development is exempted from preliminary screening because

    (a) its impact on the environment is declared to be insignificant by regulations made under paragraph 143(1)(c); or

    (b) an examination of the proposal is declared to be inappropriate for reasons of national security by those regulations.

Proposal not requiring application

(2) Where a development that does not require a licence, permit or other authorization is proposed to be carried out by a department or agency of the federal or territorial government or by the Gwich'in or Sahtu First Nation, the department or agency or the first nation shall, after notifying the Review Board in writing of the proposal for the development, conduct a preliminary screening of the proposal, unless

    (a) in its opinion, the impact of the development on the environment will be manifestly insignificant; or

    (b) the development is exempted from preliminary screening for a reason referred to in paragraph (1)(a) or (b).

Cooperation

(3) Where more than one body is required by subsection (1) or (2) to conduct a preliminary screening in respect of a development, any of them may consult the others, adopt another's report or participate in a joint preliminary screening and, where one of them is a board established under Part 3 or 4, the others are not required to conduct a preliminary screening.

Outside local government territory

125. (1) Except as provided by subsection (2), a body that conducts a preliminary screening of a proposal shall

    (a) determine and report to the Review Board whether, in its opinion, the development might have a significant adverse impact on the environment or might be a cause of public concern; and

    (b) where it so determines in the affirmative, refer the proposal to the Review Board for an environmental assessment.

Within local government territory

(2) Where a proposed development is wholly within the boundaries of a local government, a body that conducts a preliminary screening of the proposal shall

    (a) determine and report to the Review Board whether, in its opinion, the development is likely to have a significant adverse impact on air, water or renewable resources or might be a cause of public concern; and

    (b) where it so determines in the affirmative, refer the proposal to the Review Board for an environmental assessment.

Environmental Assessment

Referral on preliminary screening

126. (1) The Review Board shall conduct an environmental assessment of a proposal for a development that is referred to the Review Board following a preliminary screening pursuant to section 125.

Referral from department, agency, first nation or local government

(2) Notwithstanding any determination on a preliminary screening, the Review Board shall conduct an environmental assessment of a proposal for a development that is referred to it by

    (a) a regulatory authority, designated regulatory agency or department or agency of the federal or territorial government;

    (b) the Gwich'in or Sahtu First Nation, in the case of a development to be carried out in its settlement area or a development that might, in its opinion, have an adverse impact on the environment in that settlement area; or

    (c) a local government, in the case of a development to be carried out within its boundaries or a development that might, in its opinion, have an adverse impact on the environment within its boundaries.

Review Board's own motion

(3) Notwithstanding any determination on a preliminary screening, the Review Board may conduct an environmental assessment of a proposal for a development on its own motion.

Application

(4) Subsections (2) and (3) apply in respect of a development for which no preliminary screening is conducted by reason that

    (a) a licence, permit or other authorization is required for the carrying out of the development under a federal or territorial law other than one specified in regulations made under paragraph 143(1)(b),

    (b) the development is exempted by regulations made under paragraph 143(1)(c), or

    (c) the impact of the development is found to be manifestly insignificant pursuant to paragraph 124(2)(a),

but, in the cases referred to in paragraphs (b) and (c), the Review Board may only conduct an environmental assessment on its own motion if, in its opinion, the development involves issues of special environmental concern.

Notice

(5) The Review Board shall give notice of a referral of a proposal under subsection (2), or of its decision to conduct an environmental assessment under subsection (3), to the person or body that proposes to carry out the development.

Application of EARP Order and CEAA

127. In an environmental assessment of a proposal for a development, the Review Board shall take into account any report made in relation to that proposal before the coming into force of this Part pursuant to the Environmental Assessment and Review Process Guidelines Order, approved by Order in Council P.C. 1984-2132 of June 21, 1984, and registered as SOR/84-467, or pursuant to the Canadian Environmental Assessment Act.

Assessment by Review Board

128. (1) On completing an environmental assessment of a proposal for a development, the Review Board shall,

    (a) where the development is not likely in its opinion to have any significant adverse impact on the environment or to be a cause of significant public concern, determine that an environmental impact review of the proposal need not be conducted;

    (b) where the development is likely in its opinion to have a significant adverse impact on the environment,

      (i) order that an environmental impact review of the proposal be conducted, subject to paragraph 130(1)(c), or

      (ii) recommend that the approval of the proposal be made subject to the imposition of such measures as it considers necessary to prevent the significant adverse impact;

    (c) where the development is likely in its opinion to be a cause of significant public concern, order that an environmental impact review of the proposal be conducted, subject to paragraph 130(1)(c); and

    (d) where the development is likely in its opinion to cause an adverse impact on the environment so significant that it cannot be justified, recommend that the proposal be rejected without an environmental impact review.

Report to ministers and agencies

(2) The Review Board shall make a report of an environmental assessment to

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

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

Copies of report

(3) The Review Board shall provide a copy of its report to any body that conducted a preliminary screening of the proposal, to any body that referred the proposal to the Review Board under subsection 126(2) and to the person or body that proposes to carry out the development.

Areas identified

(4) The Review Board shall identify in its report any area within or outside the Mackenzie Valley in which the development is likely, in its opinion, to have a significant adverse impact or to be a cause of significant public concern and specify the extent to which that area is affected.

Delay

129. Where the Review Board makes a determination under paragraph 128(1)(a),

    (a) no regulatory authority or designated regulatory authority shall issue a licence, permit or other authorization for the development, or

    (b) where no licence, permit or authorization is required for the development, the person or body that proposes to carry it out shall not proceed,

before the expiration of ten days after receiving the report of the Review Board.

Decision by ministers

130. (1) After considering the report of an environmental assessment, the federal Minister and the responsible ministers to whom the report was distributed may agree

    (a) to order an environmental impact review of a proposal, notwithstanding a determination under paragraph 128(1)(a);

    (b) where a recommendation is made under subparagraph 128(1)(b)(ii) or paragraph 128(1)(d),

      (i) to adopt the recommendation or refer it back to the Review Board for further consideration, or

      (ii) after consulting the Review Board, to adopt the recommendation with modifications or reject it and order an environmental impact review of the proposal; or

    (c) irrespective of the determination in the report, to refer the proposal to the Minister of the Environment, following consultation with that Minister, for the purpose of a joint review under the Canadian Environmental Assessment Act, where the federal Minister and the responsible ministers determine that it is in the national interest to do so.

Areas identified

(2) Where an environmental impact review of a proposal is ordered under subsection (1), the federal Minister and responsible ministers shall identify any area within or outside the Mackenzie Valley in which the development is likely, in their opinion, to have a significant adverse impact or to be a cause of significant public concern and specify the extent to which that area is affected.

Additional information

(3) If the federal Minister and responsible ministers consider any new information that was not before the Review Board, or any matter of public concern not referred to in the Review Board'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).

Distribution of decision

(4) The federal Minister shall distribute a decision made under this section 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.

Effect of decision

(5) A first nation, local government, regulatory authority or department or agency of the federal or territorial government affected by a decision made under this section shall act in conformity with the decision to the extent of its authority.

Decision by designated agency

131. (1) A designated regulatory agency shall, after considering a report of the Review Board containing a recommendation made under subparagraph 128(1)(b)(ii) or paragraph 128(1)(d),

    (a) adopt the recommendation or refer it back to the Review Board for further consideration; or

    (b) after consulting the Review Board, adopt the recommendation with modifications or reject it and order an environmental impact review of the proposal.

Effect of decision

(2) A designated regulatory agency shall carry out, to the extent of its authority, any recommendation that it adopts.

Areas identified

(3) Where an environmental impact review of a proposal is ordered under subsection (1), the designated regulatory agency shall identify any area within or outside the Mackenzie Valley in which the development is likely, in its opinion, to have a significant adverse impact or to be a cause of significant public concern and specify the extent to which that area is affected.

Additional information

(4) If a designated regulatory agency considers any new information that was not before the Review Board, or any matter of public concern that was not referred to in the Review Board'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).

Environmental Impact Review

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 include, in addition to members of the Review Board, persons having particular expertise related to the development, and section 16 applies to any such member.

Representatio n on review panel

(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 first nations; and

    (b) members not so appointed, other than the chairperson.

First nation nominees

(4) In an environmental impact review of a proposal for a development to be carried out wholly or partly in a settlement area, the members of the Review Board appointed to the review panel shall, unless otherwise agreed by the first nation and the federal Minister, include members nominated to the panel by the Gwich'in or Sahtu First Nation, as the case may be, which members must comprise

    (a) half the members of the panel other than the chairperson, where it has been determined that the significant adverse impact referred to in subsection 128(4), 130(2) or 131(3), or the cause of the significant public concern referred to in that subsection, will be wholly within the first nation's settlement area;

    (b) at least two of the members of the panel, where it has been determined that the significant adverse impact or the cause of significant public concern will be predominantly within the first nation's settlement area; and

    (c) at least one member of the panel, where it has been determined that the significant adverse impact or the cause of significant public concern will be partially but not predominantly within the first nation's settlement area.

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.

Components of review

134. (1) An environmental impact review of a proposal for a development includes

    (a) the preparation by the Review Board of terms of reference for the review panel, after consultation with the responsible ministers and any first nation affected by the proposal;

    (b) the submission of an impact statement by the applicant for a licence, permit or other authorization or such other person or body as proposes to carry out the development, and its distribution in accordance with any guidelines issued under section 120 and any special instructions issued under subsection 133(2);

    (c) public notification, in accordance with any such guidelines, of the submission of the impact statement;

    (d) such analysis of the proposal as the review panel considers appropriate; and

    (e) public consultations or hearings in communities that will be affected by the development.

Report

(2) A review panel shall issue a report containing a summary of comments received from the public, an account of the panel's analysis, the conclusions of the panel and its recommendation whether the proposal for the development be approved, with or without mitigative or remedial measures or a follow-up program, or rejected.

Submission to ministers and agencies

(3) The report of a review panel shall be submitted to

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

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

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).

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