Memorandum of Understanding Between the Mackenzie Valley Land and Water Board and the National Energy Board

Memorandum of Understanding Between the Mackenzie Valley Land and Water Board and the National Energy Board [PDF 1761 KB]

Preamble

Whereas the Mackenzie Valley Land and Water Board (MVLWB) has jurisdiction under the Mackenzie Valley Resource Management Act S.C. 1998, c. 25 (MVRMA) to conduct preliminary screenings and to regulate the use of land and water, as well as the deposit of waste, within the Mackenzie Valley^[1];

[1] “Mackenzie Valley” means that part of the Northwest Territories bounded on the south by the 60^th parallel of latitude, on the west by Yukon, on the north by the Inuvialuit Settlement Region, as defined in the Agreement given effect by the Western Arctic (Inuvialuit) Claims Settlement Act S.C. 1984, c. 24, and on the east by the Nunavut Settlement Area, as defined in the Nunavut Land Claims Agreement Act S.C. 1993, c. 29, but does not include Wood Buffalo National Park of Canada.

And Whereas the National Energy Board (NEB) is an independent federal agency, established under the National Energy Board Act, R.S.C. 1985, c. N-7 (NEB Act) to regulate international and interprovincial aspects of the oil, gas and electric utility industries in the Canadian public interest, and in particular has regulatory responsibilities for oil and gas exploration and activities in frontier lands, including the Mackenzie Valley;

And Whereas each Party has certain responsibilities in relation to the assessment, review and monitoring of the exploration, development, production, and transportation of oil and gas developments or pipeline developments in the Mackenzie Valley;

And Whereas the Parties recognize and respect each other’s jurisdiction, including their respective responsibilities to conduct preliminary screenings and issue authorizations;

And Whereas the Parties have agreed to work together so that responsibilities under their respective authorities are carried out in an efficient manner that should minimize duplication of effort, and provide for an effective and timely review of applications.

NOW THEREFORE THE PARTIES HAVE AGREED THAT:

1.0 INTERPRETATION

In this Memorandum of Understanding:

2.0 PURPOSE

This MOU is intended to:

1. Encourage and assist the Parties, where possible, to work together cooperatively in the exercise of their respective legislative duties and powers;
2. Foster coordination and communication in order to enable the Parties to effectively discharge their respective statutory duties and powers;
3. Create a framework within which the Parties may negotiate specific agreements with respect to the preliminary screening and regulatory processes of projects in the Mackenzie Valley;
4. Establish a process where the MVLWB and the NEB may share with one another their respective technical expertise and knowledge, as may be required and serves the mutual interest of the Parties; and
5. Facilitate ease of participation in the Parties’ proceedings by proponents and stakeholders.

3.0 SCOPE

4.0 PRINCIPLES FOR COOPERATION

In order to achieve the purposes of this MOU the Parties agree to the following principles:

1. Notification - timely notice of any matter relevant to this MOU and any future MOUs will be an essential element of the cooperative framework established between the Parties;
2. Information sharing - subject to legislation respecting privacy and the rules and legislation preventing the disclosure of confidential and privileged information, the Parties agree to early and open sharing of information relevant to their duties and powers;
3. Engagement - the cooperative framework established by this MOU will be enhanced by early engagement and discussion of matters of mutual interest; and
4. Identification of Cooperative Opportunities - the Parties expect to identify other opportunities for cooperation over the term of this MOU and will explore such opportunities as they arise.

5.0 RELATIONSHIP BETWEEN THE BOARDS

6.0 PROJECT SPECIFIC AGREEMENTS

7.0 COORDINATION PROVISIONS

The provisions in this MOU are in furtherance of:

1. Subsection 124(4) of MVRMA.

8.0 EXPENDITURES

Each Party shall be responsible for the costs of their participation in any exchange of information, advice, or other forms of assistance pursuant to this MOU.

9.0 CAPACITY

The provision of information or assistance by either Party under this MOU is subject to available resources, costs, or capacity at the time the information or assistance is provided.

10.0 OTHER

Nothing in this MOU is intended to impose any funding obligations on either of the parties. Nothing in this MOU is intended to diminish or otherwise affect the authority of either party to carry out its statutory, regulatory, or other official functions or to commit either party to providing a particular service it would not otherwise provide in the scope of its individual mission and functions.

11.0 PUBLIC AVAILABILITY OF MOU

Either Party may make this MOU and any amendments publicly available.

12.0 EFFECTIVE DATE

This MOU becomes effective as of the date of the last signature of either party.

13.0 AMENDMENT AND TERMINATION

14.0 NOTICES

Notice under this MOU shall be given in writing:

For the Mackenzie Valley Land and Water Board to:

Executive Director
Mackenzie Valley Land and Water Board
7th Floor, 4922 48th St. PO Box 2130
Yellowknife, NT
X1A 2P6
Telephone: (867) 669-0506
Fax: (867) 873-6610

For the NEB to:

Secretary
National Energy Board
210-517 10 Ave SW
Calgary AB  T2R 0A8
Telephone: (867) 299-2714
Fax: (867) 299-3372

AGREED TO THIS ____ day of _____________, _______:

FOR THE MACKENZIE VALLEY LAND AND WATER BOARD:

FOR THE NATIONAL ENERGY BOARD:

Date modified:

2023-11-27