Bill C-80

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First Reading

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	Cooperation and Joint Reviews
Report under Canadian Environ- mental Assessment Act	138. (1) A review panel established under subsection 40(2.1) of the Canadian Environ mental Assessment Act in respect of a proposal for a development that was referred pursuant to paragraph 130(1)(c) of this Act shall, in addition to satisfying the requirements of paragraph 41(f) of that Act, submit the report of its recommendations
	(a) to the federal Minister, who shall distribute it to every responsible minister; and
	(b) to any designated regulatory agency from which a licence, permit or other authorization is required for the carrying out of the development.
Application of other sections	(2) An examination of the environmental impact of a proposed development by a review panel referred to in subsection (1) stands in lieu of an environmental impact review and sections 135 to 137 apply, with such modifica tions as may be required, in respect of the examination.
Examination with designated regulatory agency	139. (1) Where an environmental impact review of a proposal is ordered under this Part, and a licence, permit or other authorization must be issued by a designated regulatory agency in order for the proposed development to be carried out, the Review Board and the agency may enter into an agreement for the examination of the impact of the development on the environment by a joint panel estab lished for that purpose.
Report to ministers and agencies	(2) A joint panel so established shall make a report of its examination 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.
Powers of ministers and agencies	(3) An examination by a joint panel estab lished under this section stands in lieu of an environmental impact review and sections 135 to 137 apply, with such modifications as may be required, in respect of the examina tion.
Transboun- dary effects	140. (1) Where it appears to the Review Board, during its assessment of a development proposed to be carried out wholly within the Mackenzie Valley, that the development might have a significant adverse impact on the environment in a region outside the Macken zie Valley, the Review Board shall so advise the authority responsible for the examination of environmental effects in that region and request its cooperation in the conduct of the assessment.
Impact outside Mackenzie Valley	(2) Where it has been determined pursuant to subsection 128(4), 130(2) or 131(3) that a development referred to in subsection (1) is likely to have a significant adverse impact on the environment in a region outside the Mackenzie Valley, the Review Board may, with the approval of the federal Minister, enter into an agreement with the authority responsi ble for the examination of environmental effects in that region to provide for
	(a) the coordination of the respective ex aminations of the environmental impact of the development; or
	(b) the examination of the environmental impact of the development by a joint panel established for that purpose.
Report to ministers and agencies	(3) A joint panel established under subsec tion (2) shall make a report of its recommen dations 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.
Powers of ministers and agencies	(4) An examination by a joint panel estab lished under subsection (2) stands in lieu of an environmental impact review of the proposal and sections 135 to 137 apply, with such modifications as may be required, in respect of the examination.
	Transregional and External Developments
Environ- mental assessment	141. (1) In relation to a development that is proposed to be carried out partly in the Mackenzie Valley and partly in a region of the Northwest Territories or Yukon Territory adja cent to the Mackenzie Valley, or partly in a province, as the case may be, the Review Board shall to the extent possible coordinate its environmental assessment functions with the functions of any authority responsible for conducting an examination of the environ mental effects of the development in that province or region.
Agreement - region or province	(2) Where an environmental impact review of a proposal for such a development is ordered in respect of the Mackenzie Valley, the Review Board may, with the approval of the federal Minister,
	(a) enter into an agreement with the Minis ter of the Environment in accordance with sections 40 and 41 of the Canadian Envi ronmental Assessment Act to provide for the examination of the environmental effects of the development by a review panel, where that Act applies in respect of the develop ment in the region or province referred to in subsection (1); and
	(b) in any other case, enter into an agree ment with an authority responsible for the examination of environmental effects of such developments in that region or prov ince to provide for the coordination of their respective examinations of the environ mental impact of the development or to provide for the examination of that impact by a joint panel established for that purpose.
Aboriginal representa- tion	(3) Where a review panel referred to in paragraph (2)(a) is established in relation to a development in a region of the Northwest Territories or Yukon Territory, at least one quarter of its members, excluding the chair person, must be appointed on the nomination of first nations and other aboriginal groups affected by the proposed development.
Report to ministers and agencies	(4) A review panel or joint panel established by an agreement referred to in subsection (2) shall make a report of its examination to
	(a) the federal Minister, who shall distribute it to every responsible minister;
	(b) any designated regulatory agency from which a licence, permit or other authoriza tion is required for the carrying out of the development; and
	(c) in the case of a joint panel referred to in paragraph (2)(b), the minister of the federal, provincial or territorial government having jurisdiction in relation to examinations conducted by the authority referred to in that paragraph.
Powers of ministers and agencies	(5) An examination by a review panel or joint panel referred to in subsection (2) stands in lieu of an environmental impact review of the proposal referred to in that subsection and sections 135 to 137 apply, with such modifica tions as may be required, in respect of the examination.
Transregio- nal impact	142. Where a development proposed to be carried out wholly in a region of the Northwest Territories or Yukon Territory adjacent to the Mackenzie Valley, or wholly in a province, might have a significant adverse impact on the environment in the Mackenzie Valley, the Review Board may, with the approval of the federal Minister, enter into an agreement with the authority responsible for the examination of the environmental effects of such develop ments in that region or province to provide for the participation of the Review Board in the examination by that authority of the effects of the development on the environment.
	Regulations
Regulations	143. (1) The Governor in Council may, following consultation by the federal Minister with the Review Board, the territorial minister and first nations, make regulations for carry ing out the purposes and provisions of this Part and, in particular, may make regulations
	(a) prescribing procedures in relation to preliminary screenings, environmental as sessments and environmental impact reviews generally, including
	(i) limits on the time for making any decision or recommendation, including a decision of a responsible minister, and
	(ii) the form and content of reports required by this Part;
	(b) specifying the federal and territorial laws in respect of which preliminary screenings of proposals must be conducted by regulatory authorities and designated regulatory agencies before the issuance of licences, permits or other authorizations;
	(c) exempting any development or class of development from a preliminary screening for a reason referred to in paragraph 124(1)(a) or (b); and
	(d) respecting the establishment, mainte nance and operation of a public registry, public accessibility to records contained in the registry, the time and manner in which those records may be examined or copied and fees that may be charged to the public therefor.
Exemptions	(2) No development may be exempted for a reason set out in paragraph 124(1)(b) if
	(a) it is a project or belongs to a class of projects, within the meaning of the Cana dian Environmental Assessment Act, by virtue of regulations made pursuant to paragraph 59(b) of that Act; or
	(b) it is a project or belongs to a class of projects for which a comprehensive study is required under that Act by regulations made pursuant to paragraph 59(d) of that Act.
Schedule	144. (1) The Governor in Council may, by regulations made following consultation by the federal Minister with the Review Board, the first nations and the territorial Minister, amend the schedule by adding, or by deleting, the name of any agency, other than a land and water board established by Part III or IV, that exercises regulatory powers pursuant to terri torial or federal laws and that is not subject to specific control or direction by a minister of the federal or territorial government or the Governor in Council.
Exception	(2) Policy directions of general application governing an agency, or the power to approve, vary or rescind an agency's decisions, do not constitute specific control or direction for the purposes of subsection (1).
	PART VI
	ENVIRONMENTAL MONITORING AND AUDIT
Definitions	145. The definitions in this section apply in this Part.
``responsible authority'' « autorité compétente »	``responsible authority'' means the person or body designated by the regulations as the responsible authority or, in the absence of a designation, the federal Minister.
``impact on the environment'' « répercus- sions environne- mentales »	``impact on the environment'' has the same meaning as in Part V.
Cumulative environ- mental impact	146. The responsible authority shall, sub ject to the regulations, analyze data collected by it, scientific data, traditional knowledge and other pertinent information for the pur pose of monitoring the cumulative impact on the environment of concurrent and sequential uses of land and water and deposits of waste in the Mackenzie Valley.
Consultation with first nations	147. (1) A responsible authority that is a minister of the Crown in right of Canada shall carry out the functions referred to in section 146 after consultation with the Gwich'in and Sahtu First Nations.
Role of first nations	(2) Where a responsible authority is other than a minister of the Crown in right of Canada, the Gwich'in and Sahtu First Nations are entitled to participate in the functions referred to in section 146 in the manner provided by the regulations.
Environ- mental audit	148. (1) The federal Minister shall have an environmental audit conducted at least once every five years by a person or body that is independent.
Terms of reference	(2) The federal Minister shall, after consult ing the Gwich'in First Nation, the Sahtu First Nation and the territorial government, fix the terms of reference of an environmental audit, including the key components of the environ ment to be examined.
Content of audit	(3) An environmental audit shall include
	(a) an evaluation of information, including information collected or analyzed under section 146, in order to determine trends in environmental quality, potential contribut ing factors to changes in the environment and the significance of those trends;
	(b) a review of the effectiveness of methods used for carrying out the functions referred to in section 146;
	(c) a review of the effectiveness of the regulation of uses of land and water and deposits of waste on the protection of the key components of the environment from significant adverse impact; and
	(d) a review of the response to any recom mendations of previous environmental au dits.
Report of audit	(4) A report of the environmental audit, which may include recommendations, shall be prepared and submitted to the federal Minis ter, who shall make the report available to the public.
Participation by first nations	(5) The Gwich'in and Sahtu First Nations are entitled to participate in an environmental audit in the manner provided by the regula tions.
Information	149. Subject to any other federal or territo rial law, a responsible authority or a person or body who performs an environmental audit may obtain, from any board established by this Act or from any department or agency of the federal or territorial government, any infor mation in the possession of the board, depart ment or agency that is required for the performance of the functions of the responsi ble authority or person under this Part.
Regulations	150. The Governor in Council may, after consultation by the federal Minister with affected first nations and the territorial minis ter, make regulations for carrying out the purposes and provisions of this Part and, in particular, regulations
	(a) respecting the collection of data and the analysis of data so collected and scientific data, traditional knowledge and other infor mation, for the purposes of section 146;
	(b) designating a person or body as the responsible authority for the purposes of this Part; and
	(c) respecting the manner of participation of the Gwich'in and Sahtu First Nations in the functions of a responsible authority that is not a minister of the Crown or in an environmental audit.
	PART VII

Bill C-80

Cooperation and Joint Reviews

Transregional and External Developments

Regulations

PART VI

ENVIRONMENTAL MONITORING AND AUDIT

PART VII