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Bill C-6

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PART 7

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE

Transitional Provisions

Existing permits continued

151. (1) Permits issued under regulations made pursuant to the Territorial Lands Act or under any territorial law respecting a use of land in a settlement area, or in any other portion of the Mackenzie Valley, that exist on the coming into force of sections 54 and 56 or section 99, as the case may be, continue in effect, subject to any terms and conditions attached to those permits.

Permits under former law

(2) A board established by section 54 or 56, or by section 99, may, in accordance with regulations made pursuant to the Territorial Lands Act or in accordance with any applicable territorial law, amend, renew or cancel a permit referred to in subsection (1) and issued in respect of a settlement area or other portion of the Mackenzie Valley, as the case may be, or approve the assignment of such a permit and may, in relation to such a permit, carry out any other power conferred by those regulations on the Engineer, as defined in those regulations, or conferred by that territorial law on any authority specified in it.

Public register

(3) Information prescribed by regulations made under section 90 relating to permits referred to in subsection (1) shall be entered in the register referred to in subsection 72(1).

Regional panels

(4) For greater certainty, in cases referred to in subsection 102(2), the powers conferred by this section on the Board established by section 99 shall be carried out by the appropriate regional panel of the Board and applications for that purpose shall be made to that regional panel.

Existing rights and interests

152. Rights to the use of land under any lease, easement or other interest in land that was granted under the Territorial Lands Act or the regulations made pursuant to that Act, or under any territorial law, and that exist on the coming into force of sections 54 and 56 or section 99 continue in effect, subject to the terms and conditions of exercising those rights.

Existing licences continued

153. Licences issued under the Northwest Territories Waters Act respecting a use of waters or deposit of waste in a settlement area, or in another portion of the Mackenzie Valley, that exist on the coming into force of sections 54 and 56 or of section 99, continue in effect and are deemed to be licences within the meaning of Part 3 or 4, as the case may be.

Pending applications for permits

154. (1) An application made before the coming into force of sections 54 and 56 or of section 99 under regulations made pursuant to the Territorial Lands Act in respect of a use of land in a settlement area or in another portion of the Mackenzie Valley, as the case may be, shall be disposed of under those regulations as they read at the time of the application.

Deeming

(2) A permit or an amendment thereto or renewal thereof issued pursuant to such an application is deemed to have been issued by the appropriate board under Part 3 or 4, as the case may be.

Pending applications for licences

155. (1) An application made before the coming into force of sections 54 and 56 or of section 99 under the Northwest Territories Waters Act in respect of a use of waters or deposit of waste in a settlement area or in another portion of the Mackenzie Valley, as the case may be, shall be disposed of under that Act as it read at the time of the application where a notice of hearing was published in respect of the application under subsection 23(2) of that Act before the coming into force of that section.

Deeming

(2) A licence or an amendment thereto or renewal thereof issued pursuant to subsection (1) is deemed to have been issued by the appropriate board under Part 3 or 4, as the case may be.

Where no notice of hearing

(3) Where a notice of hearing was not issued under subsection 23(2) of the Northwest Territories Waters Act in respect of an application referred to in subsection (1), the application shall be disposed of by the appropriate board under Part 3 or 4, as the case may be.

Transfer of records

(4) The Northwest Territories Water Board shall transfer to the boards established by Parts 3 and 4 its records relating to applications to which subsection (3) applies and shall provide those boards with any other information in its possession that is required by them in the consideration of those applications.

Permit outside jurisdiction of boards

156. Where a use of land is proposed, prior to the coming into force of section 99, in a portion of the Mackenzie Valley not within a settlement area, that would but for this section require a permit under Part 3, an application shall be made for a permit under the regulations made pursuant to the Territorial Lands Act as if the regulations under Part 3 did not apply in that portion of the Mackenzie Valley.

Inspectors

157. (1) A person acting, before the coming into force of section 84, as an inspector for the purposes of regulations made pursuant to the Territorial Lands Act is deemed to be an inspector designated under that section.

Existing permits

(2) In relation to permits applicable in the Mackenzie Valley issued under regulations made pursuant to the Territorial Lands Act, an inspector designated pursuant to section 84 may exercise the powers of inspection conferred by those regulations.

Application of Part 5

157.1 Part 5 does not apply in respect of any licence, permit or other authorization related to an undertaking that is the subject of a licence or permit issued before June 22, 1984, except a licence, permit or other authorization for an abandonment, decommissioning or other significant alteration of the project.

Application of EARP Guidelines Order

158. (1) 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, continues to apply in respect of any proposal for a development, as defined in Part 5 of this Act, that is, on the coming into force of that Part, before an environmental assessment panel established pursuant to that Order.

Application of EARP Guidelines Order

(2) The Order referred to in subsection (1) continues to apply in respect of any proposal for a development, as defined in Part 5 of this Act, for which an environmental screening or initial assessment under that Order was commenced but not completed before the coming into force of Part 5, but on the referral of any such proposal to the Minister of the Environment for public review pursuant to section 20 of that Order, Part 5 applies in respect of the proposal as if an environmental impact review of the proposal had been ordered under paragraph 130(1)(a) with such modifications as may be required.

Application of Canadian Environmenta l Assessment Act

159. (1) The Canadian Environmental Assessment Act continues to apply in respect of a proposal for a development, as defined in Part 5 of this Act, that was referred before the coming into force of that Part to a mediator or a review panel pursuant to subsection 29(1) of that Act.

Screening or comprehensiv e study

(2) The Canadian Environmental Assessment Act continues to apply in respect of a proposal for a development, as defined in Part 5 of this Act, for which a screening or comprehensive study was commenced under that Act before the coming into force of Part 5 without a determination being made pursuant to subsection 20(1) or section 23 or, in the case of a referral under paragraph 23(a), pursuant to subsection 37(1), of that Act, and that determination may only be made after the screening report or comprehensive study report is submitted to the Mackenzie Valley Environmental Impact Review Board and after consultation with that Board.

Application of Part 5

(3) Where a responsible authority, within the meaning of the Canadian Environmental Assessment Act, or the Minister of the Environment, in relation to a project referred to in subsection (2), takes the course of action pursuant to paragraph 20(1)(c) or 23(b) of that Act, as the case may be, the project is thereby referred to the federal Minister and the responsible Ministers, within the meaning of Part 5, who shall make a determination in accordance with

    (a) paragraph 130(1)(a), in which case that Act ceases to apply and Part 5 of this Act commences to apply in respect of the proposal; or

    (b) paragraph 130(1)(c), in which case that Act continues to apply to the extent provided for in that paragraph.

Consequential Amendments

R.S., c. A-1

Access to Information Act

160. (1) Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Gwich'in Land Use Planning Board

    Office gwich'in d'aménagement territorial

Gwich'in Land and Water Board

    Office gwich'in des terres et des eaux

Mackenzie Valley Environmental Impact Review Board

    Office d'examen des répercussions environnementales de la vallée du Mackenzie

Sahtu Land and Water Board

    Office des terres et des eaux du Sahtu

Sahtu Land Use Planning Board

    Office d'aménagement territorial du Sahtu

(2) Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Mackenzie Valley Land and Water Board

    Office des terres et des eaux de la vallée du Mackenzie

161. Schedule II to the Act is amended by adding, in alphabetical order, a reference to

Mackenzie Valley Resource Management Act

    Loi sur la gestion des ressources de la vallée du Mackenzie

and, opposite thereto, a reference to ``paragraph 30(1)(b)''.

1992, c. 37

Canadian Environmental Assessment Act

162. Section 28 of the Canadian Environmental Assessment Act is renumbered as subsection 28(1) and is amended by adding the following:

Mackenzie Valley Resource Management Act

(2) Where a proposal is referred pursuant to paragraph 130(1)(c) of the Mackenzie Valley Resource Management Act, the Minister shall refer the proposal to a review panel.

163. (1) Section 40 of the Act is amended by adding the following after subsection (2):

Mackenzie Valley Resource Management Act

(2.1) Subject to section 41, where the Minister is required by subsection 28(2) to refer a proposal to a review panel, the Minister and the Mackenzie Valley Environmental Impact Review Board shall, in writing, jointly establish a review panel and prescribe the manner of its examination of the impact of the proposal on the environment.

(2) Subsection 40(4) of the Act is replaced by the following:

Publication of agreement for joint panel

(4) Any agreement or arrangement referred to in subsection (2) or (3), and any document establishing a review panel under subsection (2.1), shall be published before the commencement of the hearings conducted by the review panel.

1993, c. 34, s. 32 (F)

164. The portion of section 41 of the Act before paragraph (a) is replaced by the following:

Conditions

41. An agreement or arrangement entered into pursuant to subsection 40(2) or (3), and any document establishing a review panel under subsection 40(2.1), shall provide that the assessment of the environmental effects of the project shall include a consideration of the factors required to be considered under subsections 16(1) and (2) and be conducted in accordance with any additional requirements and procedures set out in the agreement and shall provide that

1992, c. 39

Northwest Territories Waters Act

165. (1) The headings before section 3 of the Northwest Territories Waters Act are replaced by the following:

GENERAL

Application

National parks and historic sites

2.1 (1) This Act does not apply in respect of the use of waters or the deposit of waste in a national park to which the National Parks Act applies, or on any land acquired for the purposes of the Historic Sites and Monuments Act, that is situated within a settlement area for which a land and water board is established by Part 3 of the Mackenzie Valley Resource Management Act.

Mackenzie Valley settlement areas

(2) Sections 10 to 13, subsection 14(6), sections 20 and 22, paragraphs 23(1)(b) and (2)(b), section 24, section 26 except in relation to type A licences under this Act, sections 27 and 28 and subsection 37(2) do not apply in respect of a settlement area referred to in subsection (1).

Mackenzie Valley

(3) Section 31 does not apply in respect of first nation lands within the meaning of Part 3 of the Mackenzie Valley Resource Management Act.

(2) Subsections 2.1(1) and (2) of the Act, as enacted by subsection (1), are replaced by the following:

National parks and historic sites

2.1 (1) This Act does not apply in respect of the use of waters or the deposit of waste in a national park, or a reserve for a national park, to which the National Parks Act applies, or on any land acquired for the purposes of the Historic Sites and Monuments Act, that is situated within the Mackenzie Valley, as defined in section 2 of the Mackenzie Valley Resource Management Act.

Mackenzie Valley

(2) Sections 10 to 13, subsection 14(6), sections 20 and 22, paragraphs 23(1)(b) and (2)(b), section 24, section 26 except in relation to type A licences under this Act, sections 27 and 28 and subsection 37(2) do not apply in respect of the Mackenzie Valley, as defined in section 2 of the Mackenzie Valley Resource Management Act.

166. Subsection 14(4) of the Act is amended by adding the following after paragraph (b):

    (b.1) in any case where the Board has been notified under subsection 78(1) of the Mackenzie Valley Resource Management Act, the requirements of subsection 78(3) of that Act are satisfied;

R.S., c. P-21

Privacy Act

167. (1) The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Gwich'in Land Use Planning Board

    Office gwich'in d'aménagement territorial

Gwich'in Land and Water Board

    Office gwich'in des terres et des eaux

Mackenzie Valley Environmental Impact Review Board

    Office d'examen des répercussions environnementales de la vallée du Mackenzie

Sahtu Land and Water Board

    Office des terres et des eaux du Sahtu

Sahtu Land Use Planning Board

    Office d'aménagement territorial du Sahtu

(2) The schedule to the Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Mackenzie Valley Land and Water Board

    Office des terres et des eaux de la vallée du Mackenzie