Environmental Impact Screening Committee

11. (5) There is hereby established the Environmental Impact Screening Committee , to be made up of seven (7) permanent members. Canada and the Inuvialuit shall each appoint three (3) permanent members. Of the three permanent members appointed by Canada , each of the Government s of the Northwest Territories and the Yukon Territory shall designate one (1). Additional members may be designated from time to time pursuant to  subsection (11) .

As amended by P.C. 1987-26, January 15, 1987

11. (6) A Chairman shall be appointed by Canada , with the consent of the Inuvialuit . Where the parties cannot agree on a Chairman, the Chief Justice of either of the Territories may appoint a Chairman at the request of one of the parties.

11. (7) The permanent members 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.

As amended by P.C. 1987-26, January 15, 1987

11. (8) The remuneration required for the Inuvialuit members appointed to the Environmental Impact Screening Committee , referred to in sub section 11 (5), and the reasonable travel and accommodation costs, to attend regular meetings of the Screening Committee 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. (9) Each screening shall be carried out by a panel of five (5) of the permanent members, two (2) appointees of Canada , two (2) appointees of the Inuvialuit , and the Chairman, plus, if applicable, additional members designated pursuant to subsection (11) . Of the two permanent members appointed by Canada , one shall be designated by the Territorial Government in whose jurisdiction the development being screened is to be located. The representation of Government of the 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 the appointees of Canada for matters exclusively within their respective jurisdictions.

As amended by P.C. 1987-26, January 15, 1987

11. (10) Where any of the parties fails to nominate a sufficient number of persons within a reasonable time, the Committee may discharge its responsibilities with such members as have been appointed.

As amended by P.C. 1987-26, January 15, 1987

11. (11) Where an organization recognized for an adjacent comprehensive land claims Settlement considers that a development being screened is capable of having a negative environmental impact to the detriment of native persons using or occupying the Inuvialuit Settlement Region and the organization represents those native persons, it shall have the right, at its expense, to designate for the screening panel one (1) additional member, or more than one if so agreed by way of agreement between the Inuvialuit and the duly authorized organization representing the native group in question. Canada shall have the right to designate additional members sufficient to attain representation on the panel equivalent to that of the natives.

11. (12) As adjacent land claims are settled, the representation on panels available to other native organizations by virtue of subsection (11) shall cease unless like representation is available to the Inuvialuit on like panels dealing with adjacent land areas used or occupied by the Inuvialuit .

11. (13) All members of the Screening Committee shall have one vote except the Chairman who shall vote only in the case of a deadlock.

11. (14) The Screening Committee may establish and adopt by-laws and rules for its internal management and procedures in order to ensure reasonable and expeditious consideration of applications.

11. (15) A register shall be kept of all decisions of the Screening Committee and the decisions shall be made available to the public on request.

11. (16)  The proponents of a development required to be screened shall submit a project description to the Screening Committee during the preliminary planning stage containing the following information:

(a) the purpose of the project;

(b) the nature and extent of the proposed development ;

(c) the rationale for the site selection; and

(d) information and technical data in sufficient detail to permit an adequate preliminary assessment of the project and its environmental impact.

11. (17) On receipt of a project description, the Screening Committee shall expeditiously determine if the proposed development could have a significant negative environmental impact and shall indicate in writing to the Government al authority competent to authorize the development that, in its view:

(a) the development will have no such significant negative impact and may proceed without environmental impact assessment and review under this Agreement;

(b) the development , if authorised subject to environmental terms and conditions recommended by the Screening Committee , will have no such significant negative impact and may proceed without environmental impact assessment and review under this Agreement;

(c) the development could have significant negative impact and is subject to assessment and review under this Agreement; or

(d) the development proposal has deficiencies of a nature that warrant a termination of its consideration and the submission of another project description.

11. (18) For the purposes of paragraph 17(a) , the Screening Committee shall take into account any prior Government al development or environmental impact review process that, in its opinion, adequately encompassed the assessment and review function.

11. (19) Where a proposed development is or may be subject to a Government al development or environmental impact review process, and in the opinion of the Screening Committee that review process adequately encompasses or will encompass the assessment and review function, the Screening Committee shall refer the proposal to the body carrying out that review process.

11. (20) If, in the opinion of the Screening Committee , the review process referred to in subsection (19) does not or will not adequately encompass the assessment and review function, or if the review body declines to carry out such functions, the proposal shall be referred to the  Review Board for a public review.

As amended by P.C. 1987-26, January 15, 1987

11. (21) Decisions of the Screening Committee shall be made by majority vote of the panel appointed, shall be in writing and shall be signed by all panel members.