Regulations Amending the Preliminary Screening Requirement Regulations and the Exemption List Regulations: SOR/2024-47
Canada Gazette, Part II, Volume 158, Number 8
Registration
SOR/2024-47 March 25, 2024
MACKENZIE VALLEY RESOURCE MANAGEMENT ACT
P.C. 2024-249 March 25, 2024
Whereas, under subsections 143(1)footnote a and (2)footnote b of the Mackenzie Valley Resource Management Act footnote c, the Minister of Northern Affairs has consulted with the territorial Minister, the first nations, the Tlicho Government and the Mackenzie Valley Environmental Impact Review Board with respect to the annexed Regulations;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Northern Affairs, makes the annexed Regulations Amending the Preliminary Screening Requirement Regulations and the Exemption List Regulations under paragraphs 143(1)(b) and (c) of the Mackenzie Valley Resource Management Act footnote c.
Regulations Amending the Preliminary Screening Requirement Regulations and the Exemption List Regulations
Preliminary Screening Requirement Regulations
1 Schedules 1 and 2 to the Preliminary Screening Requirement Regulations footnote 1 are replaced by the Schedules 1 and 2 set out in the schedule to these Regulations.
Exemption List Regulations
2 Section 1 of the Exemption List Regulations footnote 2 is amended by adding the following in alphabetical order:
- Northwest Territories territorial park
- has the meaning assigned by the definition Territorial Park in section 1 of the Territorial Parks Act, R.S.N.W.T. 1988, c. T-4. (parc territorial des Territoires du Nord-Ouest)
3 Section 3 of the Regulations is replaced by the following:
3 Proposed or existing developments set out in Schedule 2 that are situated in a national park, national park reserve, national historic site or Northwest Territories territorial park are developments for which preliminary screenings are not required by reason that their impact on the environment of the Mackenzie Valley is insignificant.
4 Paragraph 1(b) of Schedule 1 to the Regulations is replaced by the following:
- (b) does not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act or the Waters Act, S.N.W.T. 2014, c. 18.
5 (1) The portion of section 2 of Schedule 1 to the Regulations before paragraph (a) is replaced by the following:
2 A development, or part of a development, for which renewal of a permit, licence or authorization is required and that
(2) Paragraph 2(b) of Schedule 1 to the Regulations is replaced by the following:
- (b) has fulfilled the requirements of any environmental assessment process established by the Mackenzie Valley Resource Management Act or any other federal act.
6 The portion of section 2.1 of Schedule 1 to the Regulations before paragraph (a) is replaced by the following:
2.1 A development, or part of a development, for which a permit, licence or authorization is required and that
7 Section 6 of Schedule 1 to the Regulations is replaced by the following:
6 The construction, repair or maintenance of a sidewalk, boardwalk or parking lot with a capacity of 30 or fewer automobiles that will not entail the deposit of waste into a water body, where the construction, repair or maintenance will be carried out at a distance greater than 30 m from a water body.
8 Section 9 of Schedule 1 to the Regulations is replaced by the following:
9 The construction, installation, limited expansion or modification of a sign, no surface of which has or will have an area of more than 25 m2.
9 The title of Schedule 2 to the Regulations is replaced by the following:
Exempted Developments Situated in National Parks, National Park Reserves, National Historic Sites and Northwest Territories Territorial Parks
10 The portion of section 1 of Schedule 2 to the Regulations before paragraph (a) is replaced by the following:
1 The modification, maintenance or repair of a physical work other than a road, including internal fixed physical works and scientific data collection instruments, that will not
11 Paragraph 1(a) of Schedule 2 to the English version of the Regulations is replaced by the following:
- (a) increase the footprint or height of the physical work;
12 Paragraph 1(d) of Schedule 2 to the Regulations is replaced by the following:
- (d) involve any excavation beyond the footprint of the physical work;
13 Sections 2 and 3 of Schedule 2 to the Regulations are repealed.
14 Section 5 of Schedule 2 to the Regulations is repealed.
15 The portion of section 6 of Schedule 2 to the Regulations before paragraph (a) is replaced by the following:
6 The construction or installation of an interpretive display or exhibit associated with a physical work, road, pull-off area or trail, where the construction and installation will not
16 Section 7 of Schedule 2 to the Regulations is replaced by the following:
7 The construction, installation, modification, maintenance or repair of a handrail or guardrail associated with a physical work.
17 Section 9 of Schedule 2 to the Regulations is replaced by the following:
9 A development, or part of a development, for which renewal of a permit, licence, lease or authorization is required and that
- (a) has not been modified; and
- (b) has fulfilled the requirements of a preliminary screening, environmental assessment or environmental impact review under the Mackenzie Valley Resource Management Act.
10 A development, or part of a development, for which a permit, licence, lease or authorization is required and that
- (a) was part of a development that fulfilled the requirements of a preliminary screening, environmental assessment or environmental impact review under the Mackenzie Valley Resource Management Act; and
- (b) has not been modified since the development referred to in paragraph (a) fulfilled the requirements referred to in that paragraph.
11 The construction, installation, expansion or demolition of a physical work with a footprint of less than 25 m2 and a height of less than 5 m that will not
- (a) entail the release of waste into the environment; or
- (b) involve the handling of hazardous materials.
12 Research, scientific studies or surveys authorized under the Canada National Parks Act or the Species at Risk Act.
Coming into Force
18 These Regulations come into force on the day on which they are registered.
SCHEDULE
(Section 1)
SCHEDULE 1
(Section 1)
Provisions of Federal Acts and Regulations
PART 1
| Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
1 |
Explosives Act |
paragraph 7(1)(a) |
Excludes magazine licences |
2 |
Fisheries Act |
|
|
3 |
Indian Act |
|
|
4 |
Canadian Navigable Waters Act |
|
|
5 |
Canada Oil and Gas Operations Act |
|
|
6 |
Radiocommunication Act |
paragraph 5(1)(f) |
|
7 |
Railway Safety Act |
subsection 10(1) |
|
8 |
Canada Transportation Act |
|
|
9 |
Nuclear Safety and Control Act |
subsection 24(2) |
|
10 |
Mackenzie Valley Resource Management Act |
(a) subsection 59(1) | Excludes approval of an assignment of a land use permit |
| (b) subsection 60(1) | Excludes cancellation and approval of an assignment of a water licence |
||
| (c) paragraph 60(1.1)(a) | Excludes suspension, cancellation and approval of an assignment of a water licence |
||
11 |
Canada National Parks Act |
|
|
12 |
Wrecked, Abandoned or Hazardous Vessels Act |
section 38 |
|
13 |
Canadian Energy Regulator Act |
|
PART 2
| Item | Column 1 Regulations |
Column 2 Provision |
Column 3 Limitations |
|---|---|---|---|
| Indian Act | |||
| 1 | Indian Reserve Waste Disposal Regulations | section 5 | |
| 2 | Indian Timber Regulations |
|
|
| Indian Oil and Gas Act | |||
| 3 | Indian Oil and Gas Regulations |
|
|
| Railway Safety Act | |||
| 4 | Ammonium Nitrate Storage Facilities Regulations |
|
|
| 5 | Anhydrous Ammonia Bulk Storage Regulations | section 6 | |
| 6 | Chlorine Tank Car Unloading Facilities Regulations |
|
|
| 7 | Flammable Liquids Bulk Storage Regulations | section 6 | |
| 8 | Liquefied Petroleum Gases Bulk Storage Regulations | section 6 | |
| Migratory Birds Convention Act, 1994 | |||
| 9 | Migratory Birds Regulations, 2022 |
|
|
| Mackenzie Valley Resource Management Act | |||
| 10 | Mackenzie Valley Land Use Regulations |
|
|
| Canada National Parks Act | |||
| 11 | National Parks Building Regulations | subsection 5(1) | |
| 12 | National Parks General Regulations |
|
|
| 13 | National Parks Wildlife Regulations |
|
|
| 14 | National Historic Parks General Regulations |
|
|
| 15 | National Parks of Canada Lease and Licence of Occupation Regulations |
|
|
| 16 | National Parks of Canada Businesses Regulations | section 4.1 | |
| Canada National Parks Act and Financial Administration Act | |||
| 17 | National Historic Parks Wildlife and Domestic Animals Regulations | (a) paragraph 5(1)(a) (b) paragraph 5(1)(c) | |
SCHEDULE 2
(Section 2)
Provisions of Northwest Territories Acts and Regulations
PART 1
| Item | Column 1 Act |
Column 2 Provision |
Column 3 Limitations |
|---|---|---|---|
| 1 | Forest Protection Act, R.S.N.W.T. 1988, c. F-10 | section 21 | Applies only to the issuance of a permit referred to in subsection 11(1) of that Act for areas greater than 250 m2 |
| 2 | Wildlife Act, S.N.W.T. 2013, c. 30 | subsection 76(1) | |
| 3 | Oil and Gas Operations Act, S.N.W.T. 2014, c. 14 |
|
PART 2
| Item | Column 1 Regulations |
Column 2 Provision |
Column 3 Limitations |
|---|---|---|---|
| 1 | Forest Management Regulations, R.R.N.W.T. 1990, c. F-14 (Forest Management Act, R.S.N.W.T. 1988, c. F-9) | paragraph 5(1)(a) | Applies only to the issuance of a permit referred to in paragraph 2(1)(a) of those Regulations for volumes of timber greater than 1000 m3 and the issuance of a licence referred to in paragraph 2(2)(a) of those Regulations |
| 2 | Pesticide Regulations, R.R.N.W.T. 1990, c. P-2 (Pesticide Act, R.S.N.W.T. 1988, c. P-4) | subsection 3(1) | |
| 3 | Wildlife Business Regulations, N.W.T. Reg. R-069-97 (Wildlife Act, S.N.W.T. 2013, c. 30) | subsection 2(1) | Applies only to outfitter licences, tanner licences, game ranch licences, fur farm licences, commercial wildlife licences and taxidermist licences |
| 4 | Reindeer Regulations, N.W.T. Reg. R-011-2014 (Reindeer Act, S.N.W.T. 2014, c. 16) | paragraph 4(1)(b) |
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Preliminary Screening Requirement Regulations and Exemption List Regulations, which are allowed for under paragraphs 143(1)(b) and (c) of the Mackenzie Valley Resource Management Act, list the types of permits, licences or authorizations that require a preliminary screening or that are exempt from preliminary screening, respectively. These regulations reference provisions of various federal and territorial acts and regulations.
The last major updates made to the Preliminary Screening Requirement Regulations and Exemption List Regulations were in 2009. Since then, there have been numerous changes, both substantial and administrative, to the referenced acts and regulations. As well, environmental standards are constantly evolving and changes are needed to bring these regulations up to current standards. The changes include updates to modernize these regulations, as well as updates to reflect amendments, repeals and replacements of federal and territorial acts and regulations that have resulted in inconsistencies within the Preliminary Screening Requirement Regulations and Exemption List Regulations.
Background
The Mackenzie Valley Resource Management Act came into force in 2002 and lays out the environmental review process for which development projects are approved in the Mackenzie Valley Region of the Northwest Territories. The Preliminary Screening Requirement Regulations and Exemption List Regulations are under the Act and determine which projects require environmental screening and which do not.
The Preliminary Screening Requirement Regulations list the provisions of federal and territorial acts that require a regulatory authority or a designated regulatory agency to undertake a preliminary screening of a proposed development when they receive an application for a permit, licence or other authorization. A preliminary screening is conducted to determine if a proposed project might be cause for public concern or might have a significant adverse impact on the environment. The preliminary screening will determine whether the project should proceed without environmental assessment or if it will be referred to environmental assessment.
When a proposed development’s impact on the environment in the Mackenzie Valley would be insignificant, an exemption from preliminary screening may apply. The Exemption List Regulations specify the types of proposed developments that would not require a preliminary screening.
Together, these two regulations set out which developments are subject to the environmental assessment regime of the Mackenzie Valley and which developments are exempt.
These regulations first came into effect in 2006 and were updated in 2009. Since then, there have only been a few changes to the regulations; however, over time environmental standards have changed and modernization of the regulations were required. Also, many of the acts and regulations listed in these regulations have been updated, causing inconsistencies that needed to be fixed. A review of both regulations in 2013 concluded that a number of amendments were necessary to match changes to some of the instruments that are referenced and to reflect changes to environmental standards and practices. Consultations were initiated in 2014 and 2017 with federal departments and agencies, the Government of the Northwest Territories and First Nations organizations and governments in the Mackenzie Valley. As a result of the consultations, a detailed list of references in the regulations that were outdated and needed to be updated was compiled. Most of the recommendations were provided by the territorial government, as well as from federal departments and agencies.
Objective
The objectives of these amendments are
- to update the Preliminary Screening Requirement Regulations and the Exemption List Regulations to reflect changes in federal and territorial legislation;
- to ensure the regulations are consistent and up to similar standards with other environmental regimes in Canada, particularly in the North;
- to remove confusion that may exist because of references in the schedules to federal or territorial acts and regulations that no longer exist or that have no application in the Mackenzie Valley;
- to ensure that, unless proposed developments meet the criteria for an exemption, they continue to undergo preliminary screenings, as set out in the Mackenzie Valley Resource Management Act;
- to ensure that no gaps or confusion in the environmental impact assessment and permitting regime are created as a result of outdated references to repealed legislation or a lack of references to new territorial laws and regulations; and
- to ensure that the list of exempted activities and proposals for development, whose impacts on the environment are determined to be insignificant, does not include projects with potentially significant environmental impacts or public concern as a result of outdated references to repealed legislation and a lack of references to new or revised federal and territorial laws and regulations.
Description
Within the Preliminary Screening Requirement Regulations, there were outdated references to repealed legislation and missing references to new or revised federal and territorial laws and regulations. The amendments update legislative and regulatory references contained in the Preliminary Screening Requirement Regulations and the Exemption List Regulations and make other necessary amendments to reflect the current legislative regulatory and environmental standards in Canada, in particular the North. Within the Exemption List Regulations, updates include amending the definition of “Northwest Territories territorial park” and updating references to sections in the Mackenzie Valley Resource Management Act pertaining to elements such as repair and maintenance of specific sidewalks, boardwalks and parking lots and adding specificities to exemptions within a park.
Regulatory development
Consultation
Consultations on the amendments to the Preliminary Screening Requirement Regulations and the Exemption List Regulations were conducted with the Government of the Northwest Territories as well as the following federal departments, regulators, First Nations organizations and governments and industry associations:
- Parks Canada
- Canada Energy Regulator
- Environment and Climate Change Canada
- Department of Fisheries and Oceans
- Innovation, Science and Economic Development Canada
- Canadian Nuclear Safety Commission
- Crown-Indigenous Relations and Northern Affairs Canada
- Natural Resources Canada
- Transport Canada
- Gwich’in Land and Water Board
- Mackenzie Valley Environmental Impact Review Board
- Mackenzie Valley Land and Water Board
- Sahtu Land and Water Board
- Wek’eezhii Land and Water Board
- Dene Tha’
- Smith’s Landing First Nation
- Sayisi Dene First Nation (Ghotlenene K’odtineh Dene)
- Northlands Denesuline First Nation (Ghotlenene K’odtineh Dene)
- Acho Dene Koe First Nation
- Dehcho First Nations
- Délı̨nę Got’ine Government
- Gwich’in Tribal Council
- K’atl’odeeche First Nation
- Northwest Territories Métis Nation
- NWT Treaty #8 Tribal Corporation
- Sahtu Secretariat Incorporated
- Salt River First Nation
- Tłı̨chǫ Government
- Athabasca Denesuline
- First Nation of Na-cho Nyäk Dun
- Liard First Nation
- Ross River Dena Council
- Northwest Territories / Nunavut Chamber of Mines
- Canadian Association of Petroleum Producers
- Canadian Energy Pipeline Association
- Mining Association of Canada
- Prospectors and Developers Association of Canada
These consultations were initiated with stakeholders in 2014, and then again and 2017, when letters were sent to stakeholders seeking input on updates they would like to see to the Preliminary Screening Requirement Regulations and Exemption List Regulations. In 2020, a draft of the proposed amendments to the regulations was shared with all stakeholders. Most comments received came from other federal departments and agencies requesting that references to acts and regulations be updated. For example, the Canada Navigable Waters Act was renamed in 2019 (formerly Navigation Protection Act). Based on comments received from Indigenous organizations, changes were made to the draft amendments to accommodate concerns where possible. For example, several groups raised concerns of a potential addition to the Exemption List Regulations that would exclude specific classes of radioactive devices from triggering an environmental screening. Based on these concerns, these proposed exemptions were removed.
The proposed regulatory amendments were published in the Canada Gazette, Part I, on June 24, 2023, followed by a 30-day comment period. During this comment period, comments were received from one individual. No proposed changes to the amendments were contemplated, as the comments received were not within the scope of the proposal.
Modern treaty obligations and Indigenous engagement and consultation
Regulatory systems in the North are rooted in principles of co-management that flow from land claim agreements. These principles of co-management are woven into resource management legislation that sets out rules for the use, disposition and protection of lands and waters in the Mackenzie Valley.
Consultation obligations related to amending these regulations are set out in the Sahtu Dene and Metis Comprehensive Land Claim Agreement, the Gwich’in Comprehensive Land Claim Agreement and Tłı̨chǫ Land Claims and Self-Government Agreement.
In accordance with the consultation requirements set out in these agreements, drafts of the regulations were provided to the Sahtu Secretariat Incorporated, the Gwich’in Tribal Council and the Tłı̨chǫ Government for review, consideration and input. Consultations included an opportunity to provide written comments on the proposed regulations. In addition, all other First Nation organizations who have an interest in the Mackenzie Valley were also afforded the same opportunity. As these amendments deal with the updating of references to other acts and regulations, most comments were received from other federal and territorial regulators.
Instrument choice
As these regulations already exist and are being amended within their intended purpose, non-regulatory options were not considered.
Regulatory analysis
Benefits and costs
These amendments do not add any additional costs to project developers who take part in the environmental assessment process. The Preliminary Screening Requirement Regulations and Exemption List Regulations are already in force and these amendments update these regulations.
There are no new costs to government.
| Amendment |
Justification |
|---|---|
1 Schedules 1 and 2 to the Preliminary Screening Requirement Regulations are replaced by the Schedules 1 and 2 set out in the schedule to these Regulations. |
The Preliminary Screening Requirement Regulations are already in force. These amendments make some minor changes as well as update outdated references that do not alter the current requirements of stakeholders and thus do not add any extra cost above their current expenditures. |
| Amendment |
Justification |
|---|---|
2 Section 1 of the Exemption List Regulations is amended by adding the following in alphabetical order: Northwest Territories territorial park has the meaning assigned by the definition Territorial Park in section 1 of the Territorial Parks Act, R.S.N.W.T. 1988, c. T-4. (parc territorial des Territoires du Nord-Ouest) |
In the previous version of the Exemption List Regulations, there was no definition of Northwest Territories territorial park. This definition has been added for clarity and does not change the regulation requirements. |
3 Section 3 of the Regulations is replaced by the following: 3 Proposed or existing developments set out in Schedule 2 that are situated in a national park, national park reserve, national historic site or Northwest Territories territorial park are developments for which preliminary screenings are not required by reason that their impact on the environment of the Mackenzie Valley is insignificant. |
In the previous version of the Exemption List Regulations, the Northwest Territories territorial parks were not included in the list of areas where these regulations are not in force. This change reduces the area in the Northwest Territories where these regulations apply and thus potentially reduces the cost to stakeholders. |
4 Paragraph 1(b) of Schedule 1 to the Regulations is replaced by the following: (b) does not require a land use permit or a water licence under the Mackenzie Valley Resource Management Act or the Waters Act, S.N.W.T. 2014, c. 18. |
In the previous version of the Exemption List Regulations, a proponent would be exempt from an environmental screening unless they needed a land use permit under the Mackenzie Valley Resource Management Act or the Territorial Land Use Regulations. The need for the permit under the Territorial Land Use Regulations is eliminated and thus potentially reduces the cost to stakeholders. |
5 Paragraph 2(b) of Schedule 1 to the Regulations is replaced by the following: (b) has fulfilled the requirements of any environmental assessment process established by the Mackenzie Valley Resource Management Act or any other federal act. |
Canada’s federal environmental act has had many changes in names over the years. Instead of listing them all, for simplicity, "any other federal act" is inserted. This change does not alter the meaning or requirements of this section and thus does not change the requirements or cost to stakeholders. |
6 Section 6 of Schedule 1 to the Regulations is replaced by the following: 6 The construction, repair or maintenance of a sidewalk, boardwalk or parking lot with a capacity of 30 or fewer automobiles that will not entail the deposit of waste into a water body, where the construction, repair or maintenance will be carried out at a distance greater than 30 m from a water body. |
This change increases the chances of a stakeholder being exempted from environmental screening and thus potentially reduces their costs in two ways:
|
7 Section 9 of Schedule 1 to the Regulations is replaced by the following: The construction, installation, limited expansion or modification of a sign, no surface of which has or will have an area of more than 25 m2. |
This change increases the chances of a stakeholder being exempted from environmental screening by removing the exception that the sign cannot be within 15 m of a building. |
Small business lens
Analysis under the small business lens concluded that the amendments will not impact Canadian small businesses.
One-for-one rule
The one-for-one rule does not apply, as there is no impact on businesses.
Regulatory cooperation and alignment
These amendments make reference to other federal and territorial acts and regulations that have been updated and replaced since the last major review of these regulations in 2009. The changes align these regulations with other federal and territorial acts and regulations.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus
A gender-based analysis plus (GBA+) was completed for this initiative. It is important to note that Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) was not the lead Department in the updating of the federal and territorial acts and regulations that are referenced in both the Preliminary Screening Requirement Regulations and the Exemption List Regulations. As a result, it is difficult to know the extent of considerations and any gaps identified. While very little is known on the gender implications of these amendments to other acts and regulations, the Department does need to update the Preliminary Screening Requirement Regulations and the Exemption List Regulations to ensure these changes are captured so that the current environmental regime can continue to function properly. As the Act and any regulations thereunder are established pursuant to modern comprehensive land claims agreements, for Canada to make any significant changes requires extensive negotiations with Indigenous governments throughout the Mackenzie Valley. However, Canada and the Government of the Northwest Territories have strong relationships with the Indigenous governments in the Mackenzie Valley and are committed to incorporate culturally competent GBA+ considerations and enable conversations with Indigenous governments, as required, and fully acknowledge the interests of Indigenous self-determination and respect for the treaty-based nation-to-nation relationship.
No gaps or differential outcomes are expected based on the updates of these regulations. No GBA+ impacts have been identified for these regulations.
Implementation, compliance and enforcement, and service standards
The Regulations Amending the Preliminary Screening Requirement Regulations and the Exemption List Regulations to the Mackenzie Valley Resource Management Act come into force on the day on which they are registered. There are no new compliance and enforcement requirements associated with amending the list of permits, licences or other authorizations in these regulations.
Contact
Troy MacKay
Resource Policy and Programs Directorate
Northern Affairs Organization
Crown-Indigenous Relations and Northern Affairs Canada
15 Eddy Street
Gatineau, Quebec
K1A 0H4
Telephone: 819‑639‑7464
Email: troy.mackay@rcaanc-cirnac.gc.ca