Mackenzie Valley legislation grew from land claims
Terry Halifax
Northern News Services
Yellowknife (Apr 16/01) - When the Mackenzie Valley Resource Management Act became law in December 1998 it established the Mackenzie Valley Environmental Impact Review Board (MVEIRB) as the main agency to undertake environmental assessment and review in the Mackenzie Valley.
Under most circumstances, the MVRMA replaced the Canadian Environmental Assessment Act (CEAA) in the Mackenzie Valley.
Until the act was established, the Department of Indian and Northern Development (DIAND) issued land use permits and the NWT Water Board issued water licenses.
Acting Executive Director for the Mackenzie Valley Environmental Review Board Roland Semjanovs, said the legislation grew out of the Dene/Metis comprehensive claim in the 1980's, which called for greater control of lands and resources.
When the Dene/Metis claim fell apart, the First Nations negotiated the legislation within each of their agreements.
"As the land claims got settled, the federal government started preparing legislation to deal with commitments they had made in those claims," Semjanovs said.
The review board's guiding principles are:
-Protection of the environment from the significant adverse impacts of proposed developments.
- Protection of the social, cultural and economic well-being of residents and communities in the Mackenzie Valley.
The act requires a minimum of seven members on the review board. Half of the board is nominated by First Nations and half by government. Board members select a chairperson from among themselves and either a First Nation or government nomination is subsequently made to retain the 50-50 composition of the Board.
Although the board is funded through the federal government and is subject to federal treasury board guidelines, it is independent from government and First Nations.
Jurisdiction applies to all lands in the Northwest Territories, excluding Wood Buffalo National Park the Inuvialuit Settlement Region.
The NWT Water Board and DIAND still issue land and water licenses after the Inuvialuit Environmental Impact Review Board screens the applications.
Ken Weagle, Executive Director for the Mackenzie Valley Land and Water Board (MVLWB) said the board was established last year to regulate areas within unsettled claim regions.
It oversees land and water use permits and administration of the act, while the environmental review board conducts assessments. As other First Nations settle their claims, they will establish their own land and water boards to regulate within their own regions.
"We are responsible for consistency in the application of the act within the Mackenzie Valley," Weagle said.
A referral from any municipality, First Nation, government department or agency affected by the development or involved in the screening process, can trigger an environmental assessment.
Assessment officer Louie Azzolini said the referral is first checked for validity, but beyond that, the MVEIRB is bound by law to conduct the review.
"There is a short period of time between receiving the referral and getting an opinion from legal council to see if it is a lawful referral," Azzolini said.
Critics of the act say the law is flawed, in that it leaves developers vulnerable to self-serving interests.
