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| Application to
regulator
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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
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(a) its impact on the environment is
declared to be insignificant by regulations
made under paragraph 143(1)(c); or
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(b) an examination of the proposal is
declared to be inappropriate for reasons of
national security by those regulations.
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| Proposal not
requiring
application
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(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
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(a) in its opinion, the impact of the
development on the environment will be
manifestly insignificant; or
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(b) the development is exempted from
preliminary screening for a reason referred
to in paragraph (1)(a) or (b).
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| Cooperation
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(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.
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| Outside local
government
territory
|
125. (1) Except as provided by subsection
(2), a body that conducts a preliminary
screening of a proposal shall
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(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
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(b) where it so determines in the
affirmative, refer the proposal to the
Review Board for an environmental
assessment.
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| 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
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(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
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(b) where it so determines in the
affirmative, refer the proposal to the
Review Board for an environmental
assessment.
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| 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.
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| 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
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(a) a regulatory authority, designated
regulatory agency or department or agency
of the federal or territorial government;
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(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
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(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.
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| 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.
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| Application
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(4) Subsections (2) and (3) apply in respect
of a development for which no preliminary
screening is conducted by reason that
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(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),
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(b) the development is exempted by
regulations made under paragraph
143(1)(c), or
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(c) the impact of the development is found
to be manifestly insignificant pursuant to
paragraph 124(2)(a),
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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.
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| Notice
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(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.
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| 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.
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| Assessment
by Review
Board
|
128. (1) On completing an environmental
assessment of a proposal for a development,
the Review Board shall,
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(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;
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(b) where the development is likely in its
opinion to have a significant adverse impact
on the environment,
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(i) order that an environmental impact
review of the proposal be conducted,
subject to paragraph 130(1)(c), or
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(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;
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(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
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(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.
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| Report to
ministers and
agencies
|
(2) The Review Board shall make a report
of an environmental assessment to
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(a) the federal Minister, who shall distribute
it to every responsible minister; and
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(b) any designated regulatory agency from
which a licence, permit or other
authorization is required for the carrying
out of the development.
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| 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.
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| 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.
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| Delay
|
129. Where the Review Board makes a
determination under paragraph 128(1)(a),
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(a) no regulatory authority or designated
regulatory authority shall issue a licence,
permit or other authorization for the
development, or
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(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,
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before the expiration of ten days after
receiving the report of the Review Board.
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| 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
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(a) to order an environmental impact
review of a proposal, notwithstanding a
determination under paragraph 128(1)(a);
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(b) where a recommendation is made under
subparagraph 128(1)(b)(ii) or paragraph
128(1)(d),
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(i) to adopt the recommendation or refer
it back to the Review Board for further
consideration, or
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(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
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(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.
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| 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.
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| 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).
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| 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.
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| 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.
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| 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),
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(a) adopt the recommendation or refer it
back to the Review Board for further
consideration; or
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(b) after consulting the Review Board,
adopt the recommendation with
modifications or reject it and order an
environmental impact review of the
proposal.
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| Effect of
decision
|
(2) A designated regulatory agency shall
carry out, to the extent of its authority, any
recommendation that it adopts.
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| 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.
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| 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).
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| 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.
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| 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.
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| 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
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(a) members who were appointed on the
nomination of first nations; and
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(b) members not so appointed, other than
the chairperson.
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| 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
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(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;
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(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
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(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.
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| 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.
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| 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.
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| Components
of review
|
134. (1) An environmental impact review of
a proposal for a development includes
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(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;
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(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);
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(c) public notification, in accordance with
any such guidelines, of the submission of
the impact statement;
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(d) such analysis of the proposal as the
review panel considers appropriate; and
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(e) public consultations or hearings in
communities that will be affected by the
development.
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| 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.
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| Submission to
ministers and
agencies
|
(3) The report of a review panel shall be
submitted to
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(a) the federal Minister, who shall distribute
it to every responsible minister; and
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(b) any designated regulatory agency from
which a licence, permit or other
authorization is required for the carrying
out of the development.
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| 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
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(a) adopt the recommendation of the review
panel or refer it back to the panel for further
consideration; or
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(b) after consulting the review panel, adopt
the recommendation with modifications or
reject it.
|
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| 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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