Environmental Assessment and Protection

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Contents Environmental Assessment and Protection	Overview This chapter sets out the rules governing the environmental assessment of proposed projects. The chapter also explains the rules about environmental protection laws and environmental emergencies. Which governments can pass laws about the environmental assessment of projects on Nisga’a Lands? The Nisga’a Nation, Canada and British Columbia can all pass laws. If there is a conflict between a Nisga’a law and a federal or provincial law, the federal or provincial law will prevail. Will the environmental assessment of projects on Nisga’a Lands be harmonized? On request, the Nisga’a Nation, Canada and British Columbia will negotiate agreements to coordinate Nisga’a, federal and provincial environmental assessment processes to avoid duplication of requirements. Will Canada and British Columbia be notified about projects on Nisga’a Lands that could have adverse environmental effects? Yes. The Nisga’a Nation will notify Canada and British Columbia, consult them about the environmental effects of the proposed project and, if the proposed project could have significant adverse environmental effects outside of Nisga’a Lands or on federal or provincial interests, give them an opportunity to participate in any Nisga’a environmental assessment. Will the Nisga’a Nation be notified about projects outside of Nisga’a Lands that may adversely affect Nisga’a interests? Yes. If a proposed project could have adverse environmental effects on Nisga’a Lands or other Nisga’a Treaty interests, Canada or British Columbia will give notice of the project, consult the Nisga’a Nation about the environmental effects of the project and, if the project could have significant adverse environmental effects, give the Nisga’a Nation an opportunity to participate in any federal or provincial environmental assessment. Will the Nisga’a Nation be able to participate in federal or provincial environmental assessment processes that adversely affect Nisga’a interests? Yes. If a project can be expected to have adverse environmental effects on Nisga’a Lands or on Nisga’a Treaty interests, the Nisga’a Nation will have the right to make submissions to the federal or provincial board and, if the board is not a decision-making body, will be able to nominate a member of the board. Will there be common requirements for Nisga’a, federal and provincial environmental assessment processes? Yes. All environmental assessment processes will meet certain requirements, such as assessing whether a proposed project can be expected to have adverse environmental effects on Nisga’a Lands or Nisga’a Treaty interests, assessing the effects of the project on the economic, social and cultural well-being of Nisga’a citizens who might be affected, and taking into account any agreements between the Nisga’a Nation or a Nisga’a Village and the project proponent. Can Nisga’a Lisims Government make laws about environmental protection on Nisga’a Lands? Yes, but federal or provincial laws will prevail if there is a conflict between those laws and the Nisga’a law. Who will respond if there is an environmental emergency or natural disaster? The Nisga’a Nation, Canada and British Columbia can all respond, and the government with primary responsibility will be notified as soon as possible. Will the Nisga’a Nation, Canada and British Columbia coordinate environmental protection activities? The Nisga’a Nation and British Columbia will negotiate and attempt to reach agreements under which certain provincial environmental protection functions will be performed by Nisga’a Government and its agencies. The Nisga’a Nation and Canada may attempt to negotiate similar agreements about federal environmental protection functions.

Contents

Environmental
Assessment
and Protection

Overview

This chapter sets out the rules governing the environmental assessment of proposed projects. The chapter also explains the rules about environmental protection laws and environmental emergencies.

Which governments can pass laws about the environmental assessment of projects on Nisga’a Lands?

The Nisga’a Nation, Canada and British Columbia can all pass laws. If there is a conflict between a Nisga’a law and a federal or provincial law, the federal or provincial law will prevail.

Will the environmental assessment of projects on Nisga’a Lands be harmonized?

On request, the Nisga’a Nation, Canada and British Columbia will negotiate agreements to coordinate Nisga’a, federal and provincial environmental assessment processes to avoid duplication of requirements.

Will Canada and British Columbia be notified about projects on Nisga’a Lands that could have adverse environmental effects?

Yes. The Nisga’a Nation will notify Canada and British Columbia, consult them about the environmental effects of the proposed project and, if the proposed project could have significant adverse environmental effects outside of Nisga’a Lands or on federal or provincial interests, give them an opportunity to participate in any Nisga’a environmental assessment.

Will the Nisga’a Nation be notified about projects outside of Nisga’a Lands that may adversely affect Nisga’a interests?

Yes. If a proposed project could have adverse environmental effects on Nisga’a Lands or other Nisga’a Treaty interests, Canada or British Columbia will give notice of the project, consult the Nisga’a Nation about the environmental effects of the project and, if the project could have significant adverse environmental effects, give the Nisga’a Nation an opportunity to participate in any federal or provincial environmental assessment.

Will the Nisga’a Nation be able to participate in federal or provincial environmental assessment processes that adversely affect Nisga’a interests?

Yes. If a project can be expected to have adverse environmental effects on Nisga’a Lands or on Nisga’a Treaty interests, the Nisga’a Nation will have the right to make submissions to the federal or provincial board and, if the board is not a decision-making body, will be able to nominate a member of the board.

Will there be common requirements for Nisga’a, federal and provincial environmental assessment processes?

Yes. All environmental assessment processes will meet certain requirements, such as assessing whether a proposed project can be expected to have adverse environmental effects on Nisga’a Lands or Nisga’a Treaty interests, assessing the effects of the project on the economic, social and cultural well-being of Nisga’a citizens who might be affected, and taking into account any agreements between the Nisga’a Nation or a Nisga’a Village and the project proponent.

Can Nisga’a Lisims Government make laws about environmental protection on Nisga’a Lands?

Yes, but federal or provincial laws will prevail if there is a conflict between those laws and the Nisga’a law.

Who will respond if there is an environmental emergency or natural disaster?

The Nisga’a Nation, Canada and British Columbia can all respond, and the government with primary responsibility will be notified as soon as possible.

Will the Nisga’a Nation, Canada and British Columbia coordinate environmental protection activities?

The Nisga’a Nation and British Columbia will negotiate and attempt to reach agreements under which certain provincial environmental protection functions will be performed by Nisga’a Government and its agencies. The Nisga’a Nation and Canada may attempt to negotiate similar agreements about federal environmental protection functions.