Powers of Governor in Council and Federal Minister

Establishment of additional panels

108. (1) The Governor in Council may, on the recommendation of the federal Minister, establish up to three regional panels of the Board in addition to those referred to in subsection 99(2).

Powers

(2) The area of the Mackenzie Valley in which such a regional panel has jurisdiction shall be specified by the Governor in Council, following consultation with affected first nations, and subsections 102(2) and 103(2) to (5) apply in relation to that area with such modifications as are required.

Appointment

(3) The members of such a regional panel shall be appointed by the federal Minister and must include one of the members of the Board referred to in paragraph 99(4)(a) and one of the members referred to in paragraph 99(4)(b) or (c).

Chairperson

(4) The chairperson of such a regional panel shall be appointed by the federal Minister from persons nominated by a majority of the members of the regional panel.

Appointment by federal Minister

(5) If a majority of the members do not nominate a person acceptable to the federal Minister within a reasonable time, the Minister may appoint any person as chairperson.

Absence or incapacity of chairperson

(6) A regional panel established under this section may designate a member to act as chairperson during the absence or incapacity of the chairperson or a vacancy in the office of chairperson, and that person may exercise the powers and shall perform the duties of the chairperson while so acting.

Members of Board

(7) The chairperson and the members of such a regional panel who are not already members of the Board become members of the Board on their appointment to the regional panel.

Notice

(8) A notice of the establishment of a regional panel under this section shall be published in a newspaper circulated in the Mackenzie Valley.

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.

Enforcement

Inspectors

110. An inspector designated under subsection 84(1) may exercise and shall perform, in relation to land to which a permit applies, the powers and duties of an inspector under Part 3.

PART 5

MACKENZIE VALLEY ENVIRONMENTAL IMPACT REVIEW BOARD

Interpretation

Definitions

111. The definitions in this section apply in this Part.

``designated regulatory agency''
« organisme administratif désigné »

``designated regulatory agency'' means an agency named in the schedule, referred to in a land claim agreement as an independent regulatory agency.

``development ''
« projet de développemen t »

``development'' means any undertaking, or any part of an undertaking, that is carried out on land or water and, except where the context otherwise indicates, wholly within the Mackenzie Valley, and includes measures carried out by a department or agency of government leading to the establishment of a national park subject to the National Parks Act and an acquisition of lands pursuant to the Historic Sites and Monuments Act.

``environment al assessment''
« évaluation environmental e »

``environmental assessment'' means an examination of a proposal for a development undertaken by the Review Board pursuant to section 126.

``environment al impact review''
« étude d'impact »

``environmental impact review'' means an examination of a proposal for a development undertaken by a review panel established under section 132.

``follow-up program''
« programme de suivi »

``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.

``impact on the environment''
« répercussion s environnemen tales » ou « répercussion s sur l'environneme nt »

``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.

``mitigative or remedial measure''
« mesures correctives ou d'atténuation »

``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.

``preliminary screening''
« examen préalable »

``preliminary screening'' means an examination of a proposal for a development undertaken pursuant to section 124.

``regulatory authority''
« autorité administrative »

``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.

``responsible minister''
« ministre compétent »

``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.

``Review Board''
« Office »

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

Establishment of Review Board

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.

Nominations by first nations

(2) One half of the members of the Review Board other than the chairperson shall be persons appointed on the nomination of first nations, including at least one nominated by the Gwich'in First Nation and one nominated by the Sahtu First Nation.

Government members

(3) Of the members of the Review Board other than the chairperson and those nominated by first nations, at most one half shall be nominated by the territorial Minister.

Quorum

(4) A quorum of the Review Board consists of five members, including two of the members appointed on the nomination of first nations and two of the members not so appointed other than the chairperson.

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.

General Provisions

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.

Guiding principles

115. 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; and

    (b) the protection of the social, cultural and economic well-being of residents and communities in the Mackenzie Valley.

Canadian Environmenta l Assessment Act

116. The Canadian Environmental Assessment Act does not apply in the Mackenzie Valley in respect of proposals for developments other than

    (a) proposals referred to the Minister of the Environment pursuant to paragraph 130(1)(c), to the extent provided by that Act; or

    (b) proposals that are the subject of agreements referred to in paragraph 141(2)(a), to the extent provided by such agreements.

Scope of developments

117. (1) Every environmental assessment of a proposal for a development shall include a determination by the Review Board of the scope of the development, subject to any guidelines made under section 120.

Factors to be considered

(2) Every environmental assessment and environmental impact review of a proposal for a development shall include a consideration of

    (a) the impact of the development on the environment, including the impact of malfunctions or accidents that may occur in connection with the development and any cumulative impact that is likely to result from the development in combination with other developments;

    (b) the significance of any such impact;

    (c) any comments submitted by members of the public in accordance with the regulations or the rules of practice and procedure of the Review Board;

    (d) where the development is likely to have a significant adverse impact on the environment, the imposition of mitigative or remedial measures; and

    (e) any other matter, such as the need for the development and any available alternatives to it, that the Review Board or any responsible minister, after consulting the Review Board, determines to be relevant.

Additional factors

(3) An environmental impact review of a proposal for a development shall also include a consideration of

    (a) the purpose of the development;

    (b) alternative means, if any, of carrying out the development that are technically and economically feasible, and the impact on the environment of such alternative means;

    (c) the need for any follow-up program and the requirements of such a program; and

    (d) the capacity of any renewable resources that are likely to be significantly affected by the development to meet existing and future needs.

Implementatio n of proposals

118. (1) No licence, permit or other authorization required for the carrying out of a development may be issued under any federal or territorial law unless the requirements of this Part have been complied with in relation to the development.

Implementatio n of proposals

(2) Where the Gwich'in or Sahtu First Nation, a local government or a department or agency of the federal or territorial government proposes to carry out a development that does not require a licence, permit or other authorization, it shall comply with the requirements of this Part before taking any irrevocable action in relation to the development.

Emergencies excluded

119. No preliminary screening, environmental assessment or environmental impact review is required to be conducted in relation to a proposal for a development

    (a) that is carried out in response to a national emergency for which special temporary measures are being taken under the Emergencies Act; or

    (b) that is carried out in response to an emergency in circumstances such that it is in the interest of protecting property or the environment or in the interest of public welfare, health or safety to carry out the proposal forthwith.

Guidelines

120. Following consultation with first nations and the federal and territorial Ministers and subject to any regulations made under paragraph 143(1)(a), the Review Board may establish guidelines respecting the process established by this Part, including guidelines

    (a) for the determination of the scope of developments by the Review Board;

    (b) for the form and content of reports made under this Part; and

    (c) for the submission and distribution of environmental impact statements and for public notification of such submission pursuant to paragraphs 134(1)(b) and (c).

Written reasons

121. The Review Board, a review panel thereof, the federal Minister, a responsible minister, a designated regulatory agency, a regulatory authority or the Gwich'in or Sahtu First Nation shall issue and make available to the public written reasons for any decision or recommendation made under the process established by this Part.

Delegation by federal Minister

122. The federal Minister may, in relation to a proposed development, delegate to any responsible minister the federal Minister's duty to distribute reports made under this Part, to participate in decisions made following the consideration of such reports and to distribute decisions so made.

Exercise of powers under other Acts

123. For greater certainty, the Review Board may exercise any function conferred on it by or under any Act of Parliament or delegated to it under any Act of Parliament.