Enviromental Impact Review Board
11. (22) The Environmental Impact Review Board is hereby established to be the review body for any development referred to it pursuant to this Agreement. The Review Board shall have seven (7) permanent members, three (3) appointed by Canada , three (3) appointed by the Inuvialuit and a Chairman appointed by Canada , with the consent of the Inuvialuit . Of the three (3) permanent members appointed by Canada , each of the Government s of the Northwest Territories and the Yukon shall designate one (1). The representation of the Government of Yukon Territory for matters north of the watershed and of the Government of the Northwest Territories for matters in the Western Arctic Region shall increase as their respective jurisdictions increase and shall form a majority of appointees for matters exclusively within their respective jurisdictions. The membership of the Review Board may be increased or decreased from time to time at the discretion of Canada , but the same proportion of representation for Canada and the natives shall be maintained.
As amended by P.C. 1987-26, January 15, 1987
11. (23) The Review Board shall deal with each development subject to environmental assessment and review in accordance with the applicable provisions of this Agreement. For greater certainty, subsections (9) to (12) apply to the constitution of the Review Board panels, with such modifications as the circumstances require.
As amended by P.C. 1987-26, January 15, 1987
11. (24) The permanent members of the Review Board shall be appointed, remunerated and replaced by the respective appointing parties. The term of office of all permanent members, including the Chairman, shall be three (3) years and they are eligible to be re-appointed on the expiration of the term.
11. (25) The remuneration required for the Inuvialuit members appointed to the Environmental Impact Review Board , referred to in sub section 11 (24) , and reasonable travel and accommodation costa, to attend regular meetings of the Review Board shall be reimbursed by the Government of the Northwest Territories, as provided through funding agreements between Canada and the Government of the Northwest Territories as are negotiated from time to time. These funding agreements shall not form part of the Agreement.
11. (26) Where any of the parties fails to nominate a sufficient number of persons within a reasonable time, the Review Board may discharge its responsibilities with such members as have been appointed.
As amended by P.C. 1987-26, January 15, 1987
11. (27) A person may be a member of both the Screening Committee and the Review Board .
11. (28) Canada shall provide to the Review Board the staff required to enable it to fulfil its functions. The Review Board may establish and adopt by-laws and rules for its internal management and its procedures.
11. (29) The Review Board shall expeditiously review an projects referred to it and on the basis of the evidence and information before it shall recommend whether or not the development should proceed and, if it should, or what terms and conditions, including mitigative and remedial measures. The Review Board may also recommend that the development should be subject to further assessment and review and, if so, the data or information required.
11. (30) Decisions of the Review Board shall be made by majority vote of the panel appointed, shall be in writing and shall be signed by all panel members.
11. (31) A register shall be kept of all decisions of the Review Board and the decisions shall be made available to the public on request.
11. (32) The decision containing the recommendations of the Review Board shall be transmitted to the Government al authority competent to authorize the development . That authority, consistent with the provisions of this section and after considering, among other factors, the recommendations of the Review Board , shall decide whether or not, on the basis of environmental impact considerations, the development should proceed and, if so, on what terms and conditions, including mitigative and remedial measures.
11. (33) If, pursuant to subsection (32) , the competent Government al authority decides that further impact assessment and review is required, the proposed development shall be subject to further impact assessment and review based on the same or different information, requirements or specifications as the Government al authority considers appropriate.
11. (34) If the competent Government al authority is unwilling or unable to accept any recommendations of the Review Board or wishes to modify any such recommendations, it shall give reasons in writing within thirty (30) days. stating why it has not accepted the recommendations.
As amended by P.C. 1987-26, January 15, 1987
11. (35) The decision of the competent Government al authority shall be transmitted to the interested parties and made public.
11. (36) No licence or approval shall be issued that would have the effect of permitting any proposed development to proceed unless the provisions of this section have been complied with.
11. (37) For greater certainty, nothing in this section restricts the power or obligation of the Government to carry out environmental impact assessment and review under the laws and policies of Canada .