Bill C-80

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First Reading

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	Enforcement
Inspectors	110. An inspector designated under subsec tion 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 III.
	PART V
	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 développe- ment »	``development'' means any undertaking, or any part of an undertaking, that is carried out on land or water and, unless the context otherwise indicates, wholly within the Mackenzie Valley, and includes the estab lishment of a national park to which the Na tional Parks Act applies and the acquisition of lands pursuant to the Historic Sites and Monuments Act.
``environ- mental assessment'' « évaluation environmentale »	``environmental assessment'' means an ex amination of a proposal for a development undertaken by the Review Board pursuant to section 126.
``environ- mental impact review'' « étude d'impact »	``environmental impact review'' means an ex amination 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 re view of a proposal for a development; and
	(b) the effectiveness of the mitigative or remedial measures imposed as condi tions of approval of the proposal.
``impact on the environment'' « répercus- sions environne- mentales » ou « répercus- sions sur l'environne- ment »	``impact on the environment'' means any ef fect on land, water, air or any other compo nent of the environment, as well as on wild life harvesting, and includes any effect on the social and cultural environment or on heritage resources.
``mitigative or remedial measure'' « mesures correctives ou d'atténua- tion »	``mitigative or remedial measure'' means a measure for the control, reduction or elimi nation of an adverse impact of a develop ment on the environment, including a re storative measure.
``preliminary screening'' « examen préalable »	``preliminary screening'' means an examina tion of a proposal for a development under taken pursuant to section 124.
``regulatory authority'' « autorité adminis- trative »	``regulatory authority'', in relation to a devel opment, means a body or person responsi ble for issuing a licence, permit or other au thorization 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 pro posal for a development, means any minis ter 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).
	Mackenzie Valley Environmental Impact Review Board
Review Board established	112. (1) There is hereby established a board to be known as the Mackenzie Valley Environ mental Impact Review Board consisting of not more than eleven members including a chair person.
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 nomi nated 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 mem bers 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 environ mental 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 envi ronmental impact review of developments;
	(b) to ensure that the impact on the environ ment 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 economic, social and cultural well-being of residents and communities in the Mackenzie Valley.
Canadian Environ- mental Assessment Act	116. The Canadian Environmental Assess ment Act does not apply in the Mackenzie Valley in respect of proposals for develop ments 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 agree ments 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 mal functions 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 regula tions 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 environ ment, the imposition of mitigative or reme dial 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 responsi ble minister, after consulting with 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.
Implementa- tion of proposals	118. (1) No licence, permit or other authori zation 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.
Implementa- tion of proposals	(2) The Gwich'in or Sahtu First Nation, a local government or a department or agency of the federal or territorial government that proposes to carry out a development that does not require a licence, permit or other authori zation shall comply with the requirements of this Part before taking any irrevocable action in relation to the development.
Emergencies excluded	119. No preliminary screening, environ mental 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 tem porary 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 na tions 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 pur suant 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.
	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 applica tion 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 shall conduct a preliminary screening of the proposal for the development, unless the development is ex empted from preliminary screening because
	(a) its impact on the environment is de clared 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 regulations made under that paragraph.
Proposal not requiring application	(2) Where a development that does not require a licence, permit or other authoriza tion is proposed to be carried out by a department or agency of the federal or territo rial government or by the Gwich'in or Sahtu First Nation, the department or agency or the first nation shall conduct a preliminary screening of the proposal for the development, unless,
	(a) in its opinion, the impact of the develop ment 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 prelimi nary 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 III or IV, the others are not required to conduct a prelimi nary 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 develop ment 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 affirma tive, 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 prelimi nary screening of the proposal shall
	(a) determine and report to the Review Board whether, in its opinion, the develop ment 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 affirma tive, refer the proposal to the Review Board for an environmental assessment.

Bill C-80

Enforcement

PART V

MACKENZIE VALLEY ENVIRONMENTAL IMPACT REVIEW BOARD

Interpretation

Mackenzie Valley Environmental Impact Review Board

General Provisions

Preliminary Screening