Bill C-6
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Preliminary Screening |
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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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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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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
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125. (1) Except as provided by subsection
(2), a body that conducts a preliminary
screening of a proposal shall
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Within local
government
territory
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(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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Environmental Assessment |
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Referral on
preliminary
screening
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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
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(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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Review
Board's own
motion
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(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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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
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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
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128. (1) On completing an environmental
assessment of a proposal for a development,
the Review Board shall,
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Report to
ministers and
agencies
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(2) The Review Board shall make a report
of an environmental assessment to
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Copies of
report
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(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
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(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
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129. Where the Review Board makes a
determination under paragraph 128(1)(a),
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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
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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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Areas
identified
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(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
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(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
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(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
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(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
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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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Effect of
decision
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(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
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(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
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(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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Environmental Impact Review |
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Appointment
of review
panel
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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
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(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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Represen- tation on review panel
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(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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First nation
nominees
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(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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Powers and
duties of
panel
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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
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(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
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134. (1) An environmental impact review of
a proposal for a development includes
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Report
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(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
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(3) The report of a review panel shall be
submitted to
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Considera- tion of report by ministers
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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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Additional
information
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(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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