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Bill C-80

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Environmental Assessment

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.

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

    (a) a department or agency of the federal or territorial government;

    (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 settle ment area; or

    (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.

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.

Application

(4) Subsections (2) and (3) apply in respect of a development for which no preliminary screening is conducted by reason that

    (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),

    (b) the development is exempted by regula tions made under paragraph 143(1)(c), or

    (c) the impact of the development is found to be manifestly insignificant pursuant to paragraph 124(2)(a),

but, in the cases referred to in paragraphs (b) and (c), the Review Board may only conduct an environmental assessment on its own mo tion if, in its opinion, the development in volves issues of special environmental con cern.

Notice

(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 develop ment.

Application of EARP Order and CEAA

127. In an environmental assessment of a proposal for a development, the Review Board shall have regard to any report made in relation to that proposal before the coming into force of this Part pursuant to the Environ mental 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.

Assessment by Review Board

128. (1) On completing an environmental assessment of a proposal for a development, the Review Board shall,

    (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;

    (b) where the development is likely in its opinion to have a significant adverse impact on the environment,

      (i) order that an environmental impact review of the proposal be conducted, subject to paragraph 130(1)(c), or

      (ii) recommend that the approval of the proposal be made subject to the imposi tion of such measures as it considers necessary to prevent the significant ad verse impact;

    (c) where the development is likely in its opinion to be a cause of significant public concern, order that an environmental im pact review of the proposal be conducted, subject to paragraph 130(1)(c); and

    (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.

Report to ministers and agencies

(2) The Review Board shall make a report of an environmental assessment to

    (a) the federal Minister, who shall distribute it to every responsible minister; and

    (b) any designated regulatory agency from which a licence, permit or other authoriza tion is required for the carrying out of the development.

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.

Areas identified

(4) The Review Board shall identify in its report any area within or outside the Macken zie 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.

Delay

129. Where the Review Board makes a determination under paragraph 128(1)(a),

    (a) no regulatory authority or designated regulatory authority shall issue a licence, permit or other authorization for the devel opment, or

    (b) where no licence, permit or authoriza tion is required for the development, the person or body that proposes to carry it out shall not proceed,

before the expiration of ten days after receiv ing the report of the Review Board.

Decision by ministers

130. (1) After considering the report of an environmental assessment, the federal Minis ter and the responsible ministers to whom the report was distributed may agree

    (a) to order an environmental impact review of a proposal, notwithstanding a determination under paragraph 128(1)(a);

    (b) where a recommendation is made under subparagraph 128(1)(b)(ii) or paragraph 128(1)(d),

      (i) to adopt the recommendation or refer it back to the Review Board for further consideration, or

      (ii) after consulting the Review Board, to adopt the recommendation with modifi cations or reject it and order an environ mental impact review of the proposal; or

    (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.

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.

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 the matter shall be identified in the decision made under this section and in any consulta tion under paragraph (1)(b).

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 depart ment and agency of the federal or territorial government affected by the decision.

Effect of decision

(5) A first nation, local government, regula tory 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.

Decision by designated agency

131. (1) A designated regulatory agency may, after considering a report of the Review Board containing a recommendation made under subparagraph 128(1)(b)(ii) or para graph 128(1)(d),

    (a) adopt the recommendation or refer it back to the Review Board for further consideration; or

    (b) after consulting the Review Board, adopt the recommendation with modifica tions or reject it and order an environmental impact review of the proposal.

Effect of decision

(2) A designated regulatory agency shall carry out, to the extent of its authority, any recommendation that it adopts.

Areas identified

(3) Where an environmental impact review of a proposal is ordered under subsection (1), the designated regulatory agency shall identi fy 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.

Additional information

(4) If a designated regulatory agency con siders 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 the matter shall be identified in the decision made under this section and in any consultation under paragraph (1)(b).

Environmental Impact Review

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.

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.

Representa-
tion on review panel

(3) The members of the Review Board who participate in the appointment of a review panel must include in equal numbers

    (a) members who were appointed on the nomination of first nations; and

    (b) members not so appointed, other than the chairperson.

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

    (a) half the members of the panel other than the chairperson, where it has been deter mined 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 settle ment area;

    (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 predomi nantly within the first nation's settlement area; and

    (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.

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 environ mental impact review.

Instructions

(2) A review panel may issue, with respect to an impact statement referred to in para graph 134(1)(b), special instructions not in consistent with any guidelines issued under section 120.

Components of review

134. (1) An environmental impact review of a proposal for a development includes

    (a) the preparation by the Review Board of terms of reference for the review panel, after consultation with the responsible min isters and any first nation affected by the proposal;

    (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 develop ment, and its distribution in accordance with any guidelines issued under section 120 and any special instructions issued under subsection 133(2);

    (c) public notification, in accordance with any such guidelines, of the submission of the impact statement;

    (d) such analysis of the proposal as the review panel considers appropriate; and

    (e) public consultations or hearings in communities that will be affected by the development.

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.

Submission to ministers and agencies

(3) The report of a review panel shall be submitted to

    (a) the federal Minister, who shall distribute it to every responsible minister; and

    (b) any designated regulatory agency from which a licence, permit or other authoriza tion is required for the carrying out of the development.

Considera-
tion of report by ministers

135. (1) After considering the report of a review panel, the federal Minister and respon sible ministers to whom the report was distributed may agree to

    (a) adopt the recommendations of the review panel or refer them back to the panel for further consideration; or

    (b) after consulting the review panel, adopt the recommendations with modifications or reject the recommendations.

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).-

Distribution of decision

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.

Effect of decision

(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.

Considera-
tion of report by agencies

137. (1) A designated regulatory agency shall, after considering the report of a review panel,

    (a) adopt the recommendations of the review panel, refer them back to the panel for further consideration; or

    (b) after consulting the review panel, adopt the recommendations with modifications or reject the recommendations.

Additional information

(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).-

Effect of decision

(3) A designated regulatory agency shall carry out, to the extent of its authority, any recommendation that it adopts.

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