Distribution
of decision
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136. (1) The federal Minister shall distrib
ute a decision under section 135 to every first
nation, local government, regulatory author
ity and department or agency of the territorial
or federal government affected by the deci
sion.
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Effect of
decision
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(2) A first nation, local government, regula
tory authority or department or agency of the
federal or territorial government affected by a
decision under section 135 shall act in confor
mity with the decision to the extent of its
authority.
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Considera- tion of report by agencies
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137. (1) A designated regulatory agency
shall, after considering the report of a review
panel,
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Additional
information
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(2) If a designated regulatory agency con
siders any new information that was not before
the review panel, or any matter of public
concern that was not referred to in the panel's
reasons, such new information or such matter
shall be identified in the decision of the
agency and in any consultation under para
graph (1)(b).-
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Effect of
decision
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(3) A designated regulatory agency shall
carry out, to the extent of its authority, any
recommendation that it adopts.
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Cooperation and Joint Reviews |
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Report under
Canadian
Environ- mental Assessment Act
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138. (1) A review panel established under
subsection 40(2.1) of the Canadian Environ
mental Assessment Act in respect of a proposal
for a development that was referred pursuant
to paragraph 130(1)(c) of this Act shall, in
addition to satisfying the requirements of
paragraph 41(f) of that Act, submit the report
of its recommendations
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Application of
other sections
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(2) An examination by a review panel
referred to in subsection (1) stands in lieu of an
environmental impact review and sections
135 to 137 apply, with such modifications as
may be required, in respect of the examina
tion.
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Examination
with
designated
regulatory
agency
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139. (1) Where an environmental impact
review of a proposal is ordered under this Part,
and a licence, permit or other authorization
must be issued by a designated regulatory
agency in order for the proposed development
to be carried out, the Review Board and the
agency may enter into an agreement for the
examination of the impact of the development
on the environment by a joint panel estab
lished for that purpose.
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Report to
ministers and
agencies
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(2) A joint panel so established shall make
a report of its examination to
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Powers of
ministers and
agencies
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(3) An examination by a joint panel estab
lished under this section stands in lieu of an
environmental impact review and sections
135 to 137 apply, with such modifications as
may be required, in respect of the examina
tion.
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Transboun- dary effects
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140. (1) Where it appears to the Review
Board, during the environmental assessment
of a development proposed to be carried out
wholly within the Mackenzie Valley, that the
development might have a significant adverse
impact on the environment in a region outside
the Mackenzie Valley, the Review Board shall
so advise the authority responsible for the
examination of environmental effects in that
region and request its cooperation in the
conduct of the assessment.
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Impact
outside
Mackenzie
Valley
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(2) Where it has been determined pursuant
to subsection 128(4), 130(2) or 131(3) that a
development referred to in subsection (1) is
likely to have a significant adverse impact on
the environment in a region outside the
Mackenzie Valley, the Review Board may,
with the approval of the federal Minister, enter
into an agreement with the authority responsi
ble for the examination of environmental
effects in that region to provide for
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Report to
ministers and
agencies
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(3) A joint panel established under subsec
tion (2) shall make a report of its recommen
dations to
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Powers of
ministers and
agencies
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(4) An examination by a joint panel estab
lished under subsection (2) stands in lieu of an
environmental impact review of the proposal
and sections 135 to 137 apply, with such
modifications as may be required, in respect
of the examination.
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Transregional and External Developments |
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Environ- mental assessment
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141. (1) In relation to a development that is
proposed to be carried out partly in the
Mackenzie Valley and partly in a region of the
Northwest Territories or Yukon Territory adja
cent to the Mackenzie Valley, or partly in a
province, as the case may be, the Review
Board shall to the extent possible coordinate
its environmental assessment functions with
the functions of any authority responsible for
the examination of environmental effects of
the development in that province or region.
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Agreement -
region or
province
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(2) Where an environmental impact review
of a proposal for such a development is
ordered in respect of the Mackenzie Valley,
the Review Board may, with the approval of
the federal Minister,
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Aboriginal
representa- tion
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(3) Where a review panel referred to in
paragraph (2)(a) is established in relation to a
development to be carried out partly in a
region of the Northwest Territories or Yukon
Territory, at least one quarter of its members,
excluding the chairperson, must be appointed
on the nomination of first nations and other
aboriginal groups affected by the proposed
development.
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Report to
ministers and
agencies
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(4) A review panel or joint panel established
by an agreement referred to in subsection (2)
shall make a report of its examination to
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Powers of
ministers and
agencies
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(5) An examination by a review panel or
joint panel referred to in subsection (2) stands
in lieu of an environmental impact review of
the proposal referred to in that subsection and
sections 135 to 137 apply, with such modifica
tions as may be required, in respect of the
examination.
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Transregio- nal impact
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142. Where a development proposed to be
carried out wholly in a region of the Northwest
Territories or Yukon Territory adjacent to the
Mackenzie Valley, or wholly in a province,
might have a significant adverse impact on the
environment in the Mackenzie Valley, the
Review Board may, with the approval of the
federal Minister, enter into an agreement with
the authority responsible for the examination
of the environmental effects of such develop
ments in that region or province to provide for
the participation of the Review Board in the
examination of the environmental effects of
the development by that authority.
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Regulations |
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Regulations
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143. (1) The Governor in Council may,
following consultation by the federal Minister
with the territorial Minister and first nations,
make regulations for carrying out the purposes
and provisions of this Part and, in particular,
regulations
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Consultation
with Review
Board
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(2) Regulations may only be made under
paragraph (1)(a) or (d), or amended under
paragraph (1)(b) or (c), following consultation
by the federal Minister with the Review
Board.
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Exemptions
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(3) No development may be exempted for a
reason set out in paragraph 124(1)(b) if
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Schedule
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144. (1) The Governor in Council may, by
regulations made following consultation by
the federal Minister with the Review Board,
the first nations and the territorial Minister,
amend the schedule by adding, or by deleting,
the name of any agency, other than a land and
water board established by Part 3 or 4, that
exercises regulatory powers pursuant to terri
torial or federal laws and that is not subject to
specific control or direction by a minister of
the federal or territorial government or the
Governor in Council.
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Exception
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(2) Policy directions of general application
governing an agency, or the power to approve,
vary or rescind an agency's decisions, do not
constitute specific control or direction for the
purposes of subsection (1).
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PART 6 |
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ENVIRONMENTAL MONITORING AND AUDIT |
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Definitions
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145. The definitions in this section apply in
this Part.
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``impact on
the environ- ment'' « répercus- sions environne- mentales »
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``impact on the environment'' has the same
meaning as in Part 5.
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``responsible
authority'' « autorité compétente »
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``responsible authority'' means the person or
body designated by the regulations as the
responsible authority or, in the absence of a
designation, the federal Minister.
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Cumulative
environ- mental impact
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146. The responsible authority shall, sub
ject to the regulations, analyze data collected
by it, scientific data, traditional knowledge
and other pertinent information for the pur
pose of monitoring the cumulative impact on
the environment of concurrent and sequential
uses of land and water and deposits of waste in
the Mackenzie Valley.
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Consultation
with first
nations
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147. (1) A responsible authority that is a
minister of the Crown in right of Canada shall
carry out the functions referred to in section
146 in consultation with the Gwich'in and
Sahtu First Nations.
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Role of first
nations
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(2) Where a responsible authority is other
than a minister of the Crown in right of
Canada, the Gwich'in and Sahtu First Nations
are entitled to participate in the functions
referred to in section 146 in the manner
provided by the regulations.
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Environ- mental audit
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148. (1) The federal Minister shall have an
environmental audit conducted at least once
every five years by a person or body that is
independent.
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Terms of
reference
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(2) The federal Minister shall, after consult
ing the Gwich'in First Nation, the Sahtu First
Nation and the territorial government, fix the
terms of reference of an environmental audit,
including the key components of the environ
ment to be examined.
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Content of
audit
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(3) An environmental audit shall include
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Report of
audit
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(4) A report of the environmental audit,
which may include recommendations, shall be
prepared and submitted to the federal Minis
ter, who shall make the report available to the
public.
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Participation
by first
nations
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(5) The Gwich'in and Sahtu First Nations
are entitled to participate in an environmental
audit in the manner provided by the regula
tions.
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Information
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149. Subject to any other federal or territo
rial law, a responsible authority or a person or
body who performs an environmental audit
may obtain, from any board established by this
Act or from any department or agency of the
federal or territorial government, any in
formation in the possession of the board,
department or agency that is required for the
performance of the functions of the responsi
ble authority or person under this Part.
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Regulations
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150. The Governor in Council may, after
consultation by the federal Minister with
affected first nations and the territorial Minis
ter, make regulations for carrying out the
purposes and provisions of this Part and, in
particular, regulations
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