Part INoticeVolume 157, Number 25Published: June 24, 2023

Mackenzie Valley Screening Regulations Update

Canada Gazette, Part I, Volume 157, Number 25: Regulations Amending the Preliminary Screening Requirement Regulations and the Exemption List Regulations

REGULATORY IMPACT ANALYSIS STATEMENT

Key facts

Published
June 24, 2023
Comment deadline
July 24, 2023
Effective date
Unclear

Summary#

This is a proposal to update the Preliminary Screening Requirement Regulations and the Exemption List Regulations made under the Mackenzie Valley Resource Management Act. The changes mainly modernize references to other federal and territorial laws and adjust some small-project exemptions (for example, parking lots, signs and park activities). The notice was published on June 24, 2023, and there is a 30‑day comment period from that date.

What it does#

  • Updates references so the two regulations point to current federal and territorial laws and regulations rather than repealed or renamed ones.
  • Adds a definition for “Northwest Territories territorial park” and explicitly includes those parks among places where certain developments do not require preliminary screening.
  • Changes specific exemptions so some small projects are less likely to need an environmental preliminary screening:
    • Parking lots: increases the exempt capacity from fewer than 10 cars to 30 or fewer cars, and adds repair and maintenance to what is exempted (work must be done more than 30 m from a water body and not deposit waste into water).
    • Signs: allows construction, installation or small modifications for signs whose surface area is no more than 25 m2.
    • Sidewalks and boardwalks: repair and maintenance are explicitly added to exemptions.
  • Replaces lists in the schedules to bring them into line with current federal and territorial statutes and to remove or adjust items that no longer match modern law.
  • Keeps the overall screening system in place: projects that do not meet exemption criteria would still need preliminary screening.
  • Confirms the draft removes some previously considered exemptions (for example, certain classes of radioactive devices) after Indigenous stakeholders raised concerns.

Who's affected#

  • Project proponents in the Mackenzie Valley (developers, mining and energy companies, and other permit applicants) — especially those applying for small-scale work like parking lots, signs, sidewalks, boardwalks, or minor repairs inside parks.
  • Indigenous governments and organizations in the Mackenzie Valley, which were consulted during development (for example, Sahtu Secretariat Incorporated, Gwich’in Tribal Council, and Tlicho Government were involved in the process).
  • Federal and territorial regulators, including the Government of the Northwest Territories and Crown‑Indigenous Relations and Northern Affairs Canada, as well as agencies such as Parks Canada and others referenced in the regulations.
  • It is unclear if any individual small businesses will notice a direct cost change; the regulatory review said no new costs to proponents or government are expected.

Why it matters#

  • The changes bring the regulations up to date with current laws so there is less confusion about which projects must pass environmental screening in the Mackenzie Valley.
  • Some small, low‑risk projects may face fewer screening steps. That can mean faster approvals and lower time or administrative costs for small works (for example, small parking lots, signs, or repairs).
  • At the same time, the proposal aims to avoid creating gaps in environmental protection by keeping the screening system where it’s still needed.
  • This is a proposed amendment, not final. Interested people had a 30‑day window to comment from June 24, 2023, and the regulations would come into force on the day they are registered if adopted.

Key topics

Mackenzie Valley Resource Management ActPreliminary Screening Requirement RegulationsExemption List RegulationsNorthwest Territories territorial parkparking lotssigns (≤25 m2)environmental screeningenvironmental assessmentCrown-Indigenous Relations and Northern Affairs CanadaGovernment of the Northwest TerritoriesParks CanadaSahtu Secretariat IncorporatedMackenzie Valley Land and Water Board

Source: Canada Gazette

Official source