Law:Yukon Environmental and Socio-economic Assessment Act

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S.c. 2003, c. 7

Assented to 2003-05-13

An Act to establish a process for assessing the environmental and socio-economic effects of certain activities in Yukon

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as the Yukon Environmental and Socio-economic Assessment Act.


Interpretation

Definitions

2. (1) The following definitions apply in this Act.

“assessment”

« évaluation »

“assessment” means an evaluation by a designated office, a screening by the executive committee or a review by a panel of the Board.

“authorization”

« autorisation »

“authorization” means a licence, permit or other form of approval that is issued or given by

(a) the Governor in Council, a government agency, an independent regulatory agency or a municipal government, or

(b) a first nation under its final agreement or a first nation law,

but does not include an access order issued under the Yukon Surface Rights Board Act or a consent given by a first nation for access to settlement land in circumstances where an access order could be issued under that Act.

“Board”

« Office »

“Board” means the Yukon Environmental and Socio-economic Assessment Board established by section 8.

“category B settlement land”

« terres désignées de catégorie B »

“category B settlement land” means land that is, or is to be treated as, category B settlement land, as referred to in the definition “settlement land”.

“Council”

« Conseil »

“Council” means the Council for Yukon Indians or any successor to it or, in the absence of a successor, the first nations named in the schedule to the Yukon First Nations Land Claims Settlement Act.

“decision body”

« décisionnaire »

“decision body”, in relation to a project, means

(a) a first nation, if the project is to be located wholly or partly on its settlement land and

(i) the first nation has the power under the Yukon First Nations Self-Government Act or under its final agreement to issue an authorization that is required for the project to be undertaken,

(ii) the first nation is a proponent of the project, has the power to grant an interest in land that is required for the project to be undertaken or has received an application for financial assistance for the project, or

(iii) no decision document is required for the project from any federal agency or the territorial minister;

class="Paragr(b) the territorial minister, if any territorial agency, municipal government or territorial independent regulatory agency

(i) has the power to issue an authorization that is required for the project to be undertaken,

(ii) in the case of a project to be located wholly or partly on non-settlement land, is a proponent of the project, has the power to grant an interest in land that is required for the project to be undertaken or has received an application for financial assistance for the project, or

(iii) is responsible for the administration of mines and minerals in category B or fee simple settlement land or Tetlit Gwich’in Yukon land, where the project involves a right to work those mines and minerals;

(c) any federal agency that

(i) has the power to issue an authorization that is required for the project to be undertaken,

(ii) in the case of a project to be located wholly or partly on non-settlement land, is a proponent of the project, has the power to grant an interest in land that is required for the project to be undertaken or has received an application for financial assistance for the project, or

(iii) is responsible for the administration of mines and minerals in category B or fee simple settlement land or Tetlit Gwich’in Yukon land, where the project involves a right to work those mines and minerals;

(d) the federal minister, if the project is to be located wholly or partly on non-settlement land, no other federal agency is a decision body under paragraph (c) and

(i) the territorial minister is not a decision body, or

(ii) the territorial minister is a decision body and

(A) the Governor in Council has the power to issue an authorization that is required for the project to be undertaken, or

(B) a federal independent regulatory agency is a proponent of the project, has the power to issue such an authorization or has received an application for financial assistance for the project; or

(e) the federal minister, if the project is to be located wholly on settlement land and

(i) the Governor in Council or a federal independent regulatory agency has the power to issue an authorization that is required for the project to be undertaken, or

(ii) a federal independent regulatory agency has received an application for financial assistance for the project.

“decision document”

« décision écrite »

“decision document” means a decision document issued by a decision body under section 75, 76 or 77.

“designated office”

« bureau désigné »

“designated office” means an office maintained under subsection 22(1).

“effects monitoring”

« mesures de contrôle »

“effects monitoring” means the monitoring of environmental and socio-economic effects, or of the effectiveness of mitigative measures.

“environment”

« environnement »

“environment” means the components of the Earth and includes

(a) air, land and water;

(b) all layers of the atmosphere;

(c) all organic and inorganic matter and living organisms; and

(d) the interacting natural systems that include the components referred to in paragraphs (a) to (c).

“executive committee”

« comité de direction »

“executive committee” means the executive committee of the Board established by section 8.

“existing project”

« ouvrage »

“existing project” means an activity that has been undertaken or completed and that, if proposed to be undertaken, would be subject to assessment under section 47.

“federal agency”

« autorité fédérale »

“federal agency” means a minister of the federal government or a person or body carrying out a function of government under a federal law other than the Yukon Act, the Yukon First Nations Self-Government Act or the Yukon First Nations Land Claims Settlement Act, but does not include the Governor in Council, an independent regulatory agency or the Yukon Surface Rights Board.

“federal decision body”

« décisionnaire fédéral »

“federal decision body”, in relation to a project, means a decision body referred to in any of paragraphs (c) to (e) of the definition “decision body”.

“federal independent regulatory agency”

« organisme administratif autonome fédéral »

“federal independent regulatory agency” means any body named in Part 1 of the schedule.

“federal minister”

« ministre fédéral »

“federal minister” means the Minister of Indian Affairs and Northern Development, unless another member of the Queen’s Privy Council for Canada is designated by the Governor in Council as the federal minister for the purposes of this Act.

“fee simple settlement land”

« terres désignées en fief simple »

“fee simple settlement land” means land that is, or is to be treated as, fee simple settlement land, as referred to in the definition “settlement land”.

pan class="DefinedTe“final agreement”

« accord définitif »

“final agreement” means a final agreement within the meaning of the Yukon First Nations Land Claims Settlement Act or the agreement contained in Appendix C to the Gwich’in Agreement.

“financial assistance”

« aide financière »

“financial assistance” means a payment, loan or loan guarantee, but does not include

(a) a refund, remission, reduction or deferral, or any other form of relief from the payment, of a tax, duty or fee, other than relief provided by law to permit the undertaking of an activity specifically named in the law;

(b) assistance for anything done preliminary to a project, such as a feasibility study, that does not have effects on the environment; or

(c) assistance for an environmental or socio-economic study undertaken in relation to the assessment of a project, except a study that itself comprises a project.

“first nation”

« première nation »

“first nation” means a Yukon First Nation, within the meaning of the Umbrella Final Agreement, and includes the Gwich’in Tribal Council, in relation to consultation, or the Tetlit Gwich’in, in relation to any other matter.

“first nation law”

« texte législatif d’une première nation »

“first nation law” means a law enacted by a first nation in accordance with the Yukon First Nations Self-Government Act or the first nation’s final agreement.

“government agency”

« autorité publique »

“government agency” means a federal agency or a territorial agency.

“Gwich’in Agreement”

« accord gwich’in »

“Gwich’in Agreement” means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in as represented by the Gwich’in Tribal Council, signed on April 22, 1992 and approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act, as that Agreement is amended from time to time in accordance with its provisions.

“heritage resource”

« ressources patrimoniales »

“heritage resource” means

(a) a moveable work or assembly of works of people or of nature, other than a record only, that is of scientific or cultural value for its archaeological, palaeontologicl, ethnological, prehistoric, historic or aesthetic features;

(b) a record, regardless of its physical form or characteristics, that is of scientific or cultural value for its archaeological, palaeontological, ethnological, prehistoric, historic or aesthetic features; or

(c) an area of land that contains a work or assembly of works referred to in paragraph (a) or an area that is of aesthetic or cultural value, including a human burial site outside a recognized cemetery.

“independent regulatory agency”

« organisme administratif autonome »

“independent regulatory agency” means any body named in the schedule.

“interested person”

« intéressé »

“interested person” means any person or body having an interest in the outcome of an assessment, for a purpose that is not frivolous or vexatious, and includes

(a) the Fish and Wildlife Management Board established under the Umbrella Final Agreement, in relation to a project that is likely to affect the management and conservation of fish or wildlife or their habitat;

(b) the salmon subcommittee of the Fish and Wildlife Management Board, in relation to a project that is likely to affect the management and conservation of salmon or their habitat; and

(c) a renewable resource council established under a first nation’s final agreement, in relation to a project that is likely to affect the management and conservation of fish or wildlife or their habitat within the traditional territory of that first nation.

“joint panel”

« comité mixte »

“joint panel” means a joint panel established by an agreement under section 67.

“mitigative measures”

« mesures d’atténuation »

“mitigative measures” means measures for the elimination, reduction or control of adverse environmental or socio-economic effects.

“non-settlement land”

« terres non désignées »

“non-settlement land” means

(a) land other than settlement land;

(b) water lying on or flowing through land, including settlement land; or

(c) mines and minerals, other than specified substances, in category B or fee simple settlement land or Tetlit Gwich’in Yukon land.

“panel of the Board”

« comité restreint »

“panel of the Board” means a panel established under subsection 65(1), paragraph 93(1)(a) or subsection 95(1), 103(1) or 105(1).

“plan”

« plan »

“plan” means any plan, program, policy or proposal that is not a project or existing project.

“project”

« projet de développement »

“project” means an activity that is subject to assessment under section 47 or 48 and is not exempt from assessment under section 49.

“proponent”

« promoteur »

“proponent”, in relation to a project or other activity, means a person or body that proposes to undertake it, or a government agency, independent regulatory agency, municipal government or first nation that proposes to require — under a federal or territorial law, a municipal by-law or a first nation law — that it be undertaken.

“self-government agreement”

« accord sur l’autonomie gouvernementale »

“self-government agreement” has the same meaning as in the Yukon First Nations Self-Government Act.

“settlement land”

« terres désignées »

“settlement land” means land that is category A settlement land, category B settlement land or fee simple settlement land under a final agreement or under section 63 of the Yukon Surface Rights Board Act, or land that is to be treated as such by virtue of a self-government agreement, and includes Tetlit Gwich’in Yukon land, but does not include water or mines and minerals defined to be non-settlement land.

“socio-economic effects”

« effets sur la vie socioéconomique »

“socio-economic effects” includes effects on economies, health, culture, traditions, lifestyles and heritage resources.

“territorial agency”

« autorité territoriale »

“territorial agency” means a member of the Executive Council of Yukon or a person or body carrying out a function of government under the Yukon Act, but does not include an independent regulatory agency or a municipal government.

“territorial independent regulatory agency”

« organisme administratif autonome territorial »

“territorial independent regulatory agency” means any body named in Part 2 of the schedule.

“territorial minister”

« minstre territorial »

“territorial minister” means the member of the Executive Council of Yukon designated as the territorial minister for the purposes of this Act by the Commissioner of Yukon acting with the consent of the Executive Council of Yukon.

“territory”

« territoire »

“territory” means

(a) in relation to a first nation for which a final agreement is in effect, that first nation’s traditional territory and any of its settlement lands within Yukon that are not part of that traditional territory;

(b) in relation to the first nation known as the Tetlit Gwich’in, the areas described in Annex A of Appendix C to the Gwich’in Agreement; and

(c) in relation to any other first nation, the geographic area within Yukon identified on the map provided by that first nation under the Umbrella Final Agreement for the purpose of delineating the first nation’s traditional territory.

“Tetlit Gwich’in”

« Gwich’in Tetlit »

“Tetlit Gwich’in” means the Tetlit Gwich’in as defined in Appendix C to the Gwich’in Agreement.

“Tetlit Gwich’in Yukon land”

« terres gwich’in tetlit »

“Tetlit Gwich’in Yukon land” means land described in Annex B of Appendix C to the Gwich’in Agreement.

“traditional knowledge”

« connaissances traditionnelles »

“traditional knowledge” means the accumulated body of knowledge, observations and understandings about the environment, and about the relationship of living beings with one another and the environment, that is rooted in the traditional way of life of first nations.

“Umbrella Final Agreement”

« accord-cadre »

“Umbrella Final Agreement” has the same meaning as in the Yukon First Nations Land Claims Settlement Act.

“Yukon” (Repealed, 2003, c. 7, s. 133)

“Yukon Indian person”

« Indien du Yukon »

“Yukon Indian person” means a person enrolled under a final agreement — other than the Gwich’in Agreement — or a person who is a Tetlit Gwich’in.

Definitions from Umbrella Final Agreement

(2) In this Act, the expressions “mines”, “minerals”, “right to work”, “specified substances” and “traditional territory” have the same meaningss in the Umbrella Final Agreement.

Grant of interest in land

(3) In this Act, a reference to the granting of an interest in land includes only the granting of such an interest in circumstances where there is a discretion whether to grant it or not.

2003, c. 7, ss. 2, 133(E).

Consultation

3. Where, in relation to any matter, a reference is made in this Act to consultation, the duty to consult shall be exercised

(a) by providing, to the party to be consulted,

(i) notice of the matter in sufficient form and detail to allow the party to prepare its views on the matter,

(ii) a reasonable period for the party to prepare its views, and

(iii) an opportunity to present its views to the party having the duty to consult; and

(b) by considering, fully and fairly, any views so presented.

Final agreement prevails

4. In the event of an inconsistency or conflict between a final agreement and this Act, the agreement prevails to the extent of the inconsistency or conflict.


General

Effect of Act

5. (1) This Act gives effect to provisions of the Umbrella Final Agreement respecting assessment of environmental and socio-economic effects.

Purposes of Act

(2) The purposes of this Act are

(a) to provide a comprehensive, neutrally conducted assessment process applicable in Yukon;

(b) to require that, before projects are undertaken, their environmental and socio-economic effects be considered;

(c) to protect and maintain environmental quality and heritage resources;

(d) to protect and promote the well-being of Yukon Indian persons and their societies and Yukon residents generally, as well as the interests of other Canadians;

(e) to ensure that projects are undertaken in accordance with principles that foster beneficial socio-economic change without undermining the ecological and social systems on which communities and their residents, and societies in general, depend;

(f) to recognize and, to the extent practicable, enhance the traditional economy of Yukon Indian persons and their special relationship with the wilderness environment;

(g) to guarantee opportunities for the participation of Yukon Indian persons — and to make use of their knowledge and experience — in the assessment process;

(h) to provide opportunities for public participation in the assessment process;

(i) to ensure that the assessment process is conducted in a timely, efficient and effective manner that avoids duplication; and

(j) to provide certainty to the extent practicable with respect to assessment procedures, including information requirements, time limits and costs to participants.

Canadian Environmental Assessment Act

6. (1) Sections 5 to 60 of the Canadian Environmental Assessment Act do not apply in Yukon except

(a) in relation to a project, as defined in that Act, that is not a project or existing project within the meaning of this Act; and

(b) to the extent provided, in relation to a project, by subsection (2) of this section or section 63 of this Act.

National Energy Board

(2) Sections 5 to 60 of the Canadian Environmental Assessment Act apply in relation to a project, as defined in that Act, that requires an authorization from the National Energy Board in order to be undertaken, but where the project is referred to a review panel under subsection 29(1) of that Act, the Minister of the Environment shall notify the executive committee of the referral, and section 63 of this Act applies as if that Minister had agreed to a request under paragraph 61(1)(b).

Delegation by territorial minister

7. The territorial minister may authorize a territorial agency or an employee of a territorial agency to carry out any of that minister’s functions under this Act.


Part 1. Yukon Environmental And Socio-economic Assessment Board And Designated Offices

Yukon Environmental and Socio-economic Assessment Board

Board established

8. (1) The Yukon Environmental and Socio-economic Assessment Board is hereby established, consisting of

(a) an executive committee of three persons;

(b) four other members; and

(c) an even number of additional members that may be fixed from time to time by the federal minister following consultation with the territorial minister and the first nations.

Appointment by federal minister

(2) The federal minister shall appoint the members of the Board after seeking the views of the Minister of the Environment.

Executive committee

(3) One member of the executive committee referred to in paragraph (1)(a) shall be appointed on the nomination of the Council, another following consultation by the federal minister with the territorial minister and the third, being the Chairperson of the Board, following consultation by the federal minister with the other two members.

Other members

(4) Of the four members of the Board referred to in paragraph (1)(b), two shall be appointed on the nomination of the Council and one on the nomination of the territorial minister.

Additional members

(5) If additional members of the Board are to be appointed pursuant to paragraph (1)(c), one-half shall be appointed on the nomination of the Council and one-half following consultation by the federal minister with the territorial minister.

Consultation of first nations

(6) The Council shall consult the first nations before nominating a person to the Board.

Residence of Chairperson

9. (1) The Chairperson of the Board must be a resident of Yukon.

Residency of majorities

(2) A majority of the members appointed on the nomination of the Council, as well as a majority of the other members excluding the Chairperson, must be residents of Yukon.

Term of office

10. (1) Subject to subsections (2) and (3), a member of the Board shall be appointed to hold office for a term of three years.

Term of first members

(2) The first members appointed under subsections 8(3) and (4) on the nomination of the Council or the territorial minister shall be appointed for the term, not exceeding three years, specified by the Council or territorial minister when making the nomination, and the other first members shall be appointed for the term, not exceeding three years, specified by the federal minister.

Vacancy

(3) In the event of a vacancy occurring during a member’s term of office, the federal minister may, subject to the requirements of sections 8 and 9 applicable to the appointment of that member, appoint another person to fill the vacancy for the remainder of the term.

Tenure

11. (1) A member of the Board holds office during good behaviour but may be removed by the federal minister for cause or on any other ground set out in the by-laws of the Board.

Loss of resident status

(2) The federal minister shall remove a member from office, in conformity with the regulations, if the federal minister determines that, because of a change in that member’s place of residence, the requirements of section 9 are no longer met.

Consultation by federal minister

(3) Before a member nominated by the Council or the territorial minister is removed from office, the federal minister shall consult the Council or the territorial minister, as the case may be.

Reappointment

12. The Chairperson, a member of the executive committee or any other member of the Board is eligible to be reappointed to the Board in the same or a different capacity.

Conflict of interest

13. (1) A member of the Board may not participate in any business of the Board, the executive committee or a panel of the Board, if doing so would place the member in a material conflict of interest.

Yukon Indian persons

(2) A member is not in a material conflict of interest solely by virtue of being a Yukon Indian person.

Remuneration

14. (1) Each member of the Board shall be paid the fees or other remuneration that is fixed by the federal minister.

Expenses

(2) Each member is entitled to be reimbursed for any travel and living expenses incurred by the member in the course of performing duties under this Act, while absent from the member’s ordinary place of residence, that are consistent with directives of the Treasury Board.

Benefits

(3) The members of the Board and its employees are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

2003, c. 7, s. 14, c. 22, s. 277(E).

Previous VersionQuorum

15. (1) A quorum of the Board consists of a majority of the members holding office or three members, whichever is greater.

Telephone or other communications

(2) Subject to the rules and by-laws, participation in a meeting of the Board, the executive committee or a panel of the Board may be by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a person so participating is deemed to be present at the meeting.

Property and contracts

16. (1) The Board may, for the purposes of conducting the business of the Board and of designated offices in accordance with the approved budget of the Board, acquire property in its own name, dispose of such property and enter into contracts in the name of the Board.

Legal proceedings

(2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Board may be brought or taken by or against the Board in its own name in any court that would have jurisdiction if the Board were a corporation.

Staff and advisers

17. The Board may, in accordance with the approved budget of the Board, employ any officers and employees and engage the services of any agents, advisers and consultants that are necessary for the proper conduct of the business of the Board and of designated offices, fix the terms and conditions of their employment or engagement and pay their remuneration.

Indemnification

18. The members and employees of the Board shall be indemnified by the Board against all damages awarded against them, any settlement paid by them with the approval of the federal minister and all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members or employees, if those functions were performed honestly and in good faith with a view to the best interests of the Board.

Main office

19. The main office of the Board shall be at Whitehorse or at any other place in Yukon that may be designated by the Governor in Council.


Assessment Districts and Designated Offices

Assessment districts

20. (1) Following consultation by the federal minister with the territorial minister and the first nations, and in accordance with any agreement that may be concluded by those ministers with the first nations, the federal minister shall, by order, establish six contiguous assessment districts that together constitute the whole of Yukon.

Change in number of districts

(2) Where the Board recommends, on the basis of operational requirements, a change in the number of contiguous assessment districts that constitute Yukon, the federal minister shall, by order, change the number of assessment districts in accordance with the Board’s recommendation, following consultation with the territorial minister and the first nations, or else provide written reasons to the Board for rejecting the recommendation.

Alteration of boundaries

21. (1) The Board may, by order, alter the boundary between adjacent assessment districts, and shall do so where the federal minister changes the number of assessment districts.

Consultation

(2) Before altering the boundaries of assessment districts, the Board shall consult the designated offices for those assessment districts as well as the federal minister, the territorial minister, the Council and any first nation whose territory falls wholly or partly within those districts, and shall seek the views of residents and municipal governments of the communities located in those districts.

Statutory Instruments Act

(3) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of an order altering boundaries, but the Board shall publish a notice of the order in the Canada Gazette, in a periodical that, in the Board’s opinion, has a large circulation in Yukon and, if any part of the affected assessment districts falls within the territory of the Tetlit Gwich’in, in a periodical distributed in the Gwich’in Settlement Area referred to in the Gwich’in Agreement.

Designated offices in named communities

22. (1) The federal minister shall name a community in each assessment district as the site of an office to be maintained by the Board and known as the designated office for that assessment district.

Change of designated community

(2) Before any change is made in the community named as the site of a designated office for an assessment district, the federal minister shall consult the territorial minister, the Council and any first nation whose territory falls wholly or partly within that district, and shall seek the views of residents and municipal governments of the communities located in that district.

Notice

(3) The federal minister shall publish a notice of the selection of a community, or of any change in the selection, in the Canada Gazette, in a periodical that, in the federal minister’s opinion, has a large circulation in Yukon and, if any part of the affected assessment district falls within the territory of the Tetlit Gwich’in, in a periodical distributed in the Gwich’in Settlement Area referred to in the Gwich’in Agreement.

Staff

23. (1) The staff of each designated office shall be composed of employees of the Board assigned to that office by the Board.

Powers in relation to evaluations

(2) The Board shall authorize one or more members of the staff to exercise the powers of the designated office relating to evaluations, and those persons may delegate any of those powers to another member of the staff.

Conflict of interest

24. (1) A member of the staff of a designated office may not participate in any business of that office if doing so would place the member in a material conflict of interest.

Yukon Indian persons

(2) A member of the staff is not in a material conflict of interest solely by virtue of being a Yukon Indian person.

Contracts and facilities

25. The Board shall, at the request of a designated office but in accordance with the approved budget of the Board, procure services required by that office and make property and facilities available to it.


Budgets and Reporting

Budgets of designated offices

26. Each designated office shall annually, after consultation with any first nation whose territory falls wholly or partly within its assessment district, prepare and submit a budget for the ensuing fiscal year to the Board.

Budget of Board

27. (1) The Board shall submit annually to the federal minister its budget for the ensuing fiscal year, which shall incorporate the budgets of the designated offices as submitted by them or as varied by the Board.

Approval of budget

(2) The federal minister may approve the budget as submitted by the Board, or with any variations that the federal minister may make after seeking the views of the Board, the territorial minister and the Council.

Funding for languages and training

(3) The Board shall consider including in its annual budget funding in order to enable its members and employees to carry out their functions in their traditional languages and in order to provide its members and employees with training, including cross-cultural orientation and education, for the purpose of improving their ability to carry out their duties.

Accounts

28. (1) The Board shall maintain books of account and related records in accordance with accounting principles recommended by the Canadian Institute of Chartered Accountants or its successor.

Consolidated financial statements

(2) The Board shall, within the time after the end of each fiscal year that the federal minister specifies, prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (1) and shall include in them any information or statements that are required in their support.

Audit

(3) The accounts, financial statements and financial transactions of the Board shall be audited annually by the auditor of the Board and, where the federal minister requests, by the Auditor General of Canada. The auditor and, where applicable, the Auditor General of Canada shall, as soon as practicable, make a report of the audit to the Board and the federal minister.

Annual report

29. The executive committee shall, within three months after the end of each fiscal year, prepare for the approval of the Board an annual report of the activities of the Board for that fiscal year, and the executive committee shall submit the approved report to the federal minister and make it available to the public.


Rules and By-Laws

Rules for executive committee and panels

30. (1) The Board shall make rules, applicable to screenings by the executive committee and reviews by panels of the Board, with respect to

(a) the form and content of proposals submitted under paragraph 50(1)(a) or of requests made under section 60;

(b) the determination of the scope of a project;

(c) for the purposes of section 46, the participation of interested persons and the public; and

(d) the periods within which the executive committee and panels of the Board must perform their functions under Part 2.

Rules for executive committee and panels

(2) The Board may make rules with respect to

(a) the manner in which proponents of projects must consult with first nations and residents of communities for the purposes of subsection 50(3);

(b) the conduct of screenings of projects by the executive committee and reviews of projects by panels of the Board;

(c) the reconsideration of recommendations referred back to the executive committee or a panel of the Board by a decision body;

(d) the membership of panels of the Board and the establishment of their terms of reference; and

(e) cooperation by the executive committee and panels of the Board with other bodies, including the coordination of functions.

Other rules

(3) The Board may make rules with respect to

(a) reviews of existing projects, reviews of plans and reviews of activities outside Yukon;

(b) the conduct of audits, and effects monitoring, of projects and existing projects under sections 110 and 111; and

(c) the conduct of studies and research under section 112.

Categories of projects, etc.

(4) Rules made under this section may provide for different types of screenings or reviews for different categories of projects, existing projects or plans, or activities outside Yukon, as the case may be.

Rules for designated offices

31. (1) The Board shall make rules with respect to the conduct of evaluations of projects by designated offices, which may include rules providing for

(a) different phases of the evaluation of projects; and

(b) different types of evaluations for different categories of projects.

Rules for designated offices

(2) The Board shall make rules, applicable to evaluations of projects by designated offices, with respect to

(a) the form and content of proposals submitted under paragraph 50(1)(b);

(b) the determination of the scope of a project;

(c) for the purposes of section 46, participation in evaluations by interested persons and the public;

(d) the submission of proposals for projects located in two or more assessment districts;

(e) the conduct of evaluations by two or more designated offices, jointly or by one of them on behalf of the other or others, under section 53; and

(f) the periods within which designated offices must perform their functions under Part 2.

Rules for cooperation

(3) The Board may make rules with respect to cooperation by designated offices with other bodies, including the coordination of functions.

Collaboration with designated offices

(4) The Board shall seek the collaboration of the designated offices in making rules under subsections (1) to (3).

Rules made by designated office

(5) A designated office may make rules with respect to the conduct of its evaluations, including rules respecting any of the matters specified in subsections (1) to (3), but rules made by the Board prevail over rules made by a designated office to the extent of any inconsistency.

Standard mitigative measures

32. (1) The Board may make rules with respect to the development, by a designated office or the executive committee, of standard mitigative measures referred to in section 37.

Collaboration

(2) The Board shall seek the collaboration of the designated offices in making rules under subsection (1).

General rules re information

33. The Board shall make rules with respect to

(a) the integration of scientific information, traditional knowledge and other information by designated offices, the executive committee and panels of the Board;

(b) the determination of whether traditional knowledge is confidential for the purposes of paragraph 121(a); and

(c) the handling of information to prevent its disclosure contrary to section 121, including the conduct of private hearings and the restriction of access to information at public hearings.

Publication of proposed rules

34. (1) At least 60 days before making rules, the Board or a designated office shall publish a notice of any proposed rules in the Canada Gazette, in a periodical that, in its opinion, has a large circulation in Yukon and in a periodical distributed in the Gwich’in Settlement Area referred to in the Gwich’in Agreement and shall, in the notice, invite written representations to be made to it with respect to the proposed rules within 60 days after publication.

Exception

(2) No further notice need be published if the proposed rules are amended solely in response to representations made to the Board or the designated office.

Publication of rules

(3) Rules made by the Board or a designated office shall be published in the Canada Gazette immediately after they are made.

By-laws of Board

35. The Board may make by-laws

(a) for the conduct and management of its internal administrative affairs; and

(b) specifying grounds for the removal of members from office other than for cause, for the purposes of subsection 11(1).

By-laws for designated offices

36. (1) The Board may make by-laws for the conduct and management of the internal administrative affairs of all designated offices.

Collaboration

(2) The Board shall seek the collaboration of the designated offices in making by-laws applicable to them.

By-laws made by designated office

(3) A designated office may make by-laws for the conduct and management of its internal administrative affairs, but by-laws made by the Board under subsection (1) prevail over by-laws made by a designated office to the extent of any inconsistency.

Standard mitigation measures

37. (1) A designated office may develop standard mitigative measures that can be applied to a class of projects, or to projects located within a geographic area.

Standard mitigation measures

(2) The executive committee may develop standard mitigative measures that can be applied to a class of projects or existing projects, or to projects or existing projects located within a geographic area.

Public participation

(3) The designated office and the executive committee shall provide opportunities for public participation in the development of standard mitigative measures.

Conflict

(4) Unless otherwise provided by the rules, standard mitigative measures developed by the executive committee prevail over those developed by a designated office to the extent of any inconsistency.

Statutory Instruments Act

38. Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of the rules or by-laws of the Board or a designated office.


General Requirement

Scientific and traditional knowledge

39. A designated office, the executive committee or a panel of the Board shall give full and fair consideration to scientific information, traditional knowledge and other information provided to it or obtained by it under this Act.


Part 2. Assessment Process And Decision Documents

Assessments — General

Non-duplication and certainty

40. The Board, the designated offices, the executive committee and panels of the Board shall avoid duplication in the assessment process and shall provide certainty, to the extent practicable, to persons participating in the assessment process with respect to assessment procedures, including information requirements, time limits and costs.

Timeliness of assessments

41. The designated offices, the executive committee and panels of the Board shall conduct assessments of projects, existing projects and plans in a timely and expeditious manner.

Matters to be considered

42. (1) In conducting an assessment of a project or existing project, a designated office, the executive committee or a panel of the Board shall take the following matters into consideration:

(a) the purpose of the project or existing project;

(b) all stages of the project or existing project;

(c) the significance of any environmental or socio-economic effects of the project or existing project that have occurred or might occur in or outside Yukon, including the effects of malfunctions or accidents;

(d) the significance of any adverse cumulative environmental or socio-economic effects that have occurred or might occur in connection with the project or existing project in combination with the effects of

(i) other projects for which proposals have been submitted under subsection 50(1), or

(ii) other existing or proposed activities in or outside Yukon that are known to the designated office, executive committee or panel of the Board from information provided to it or obtained by it under this Act;

(e) alternatives to the project or existing project, or alternative ways of undertaking or operating it, that would avoid or minimize any significant adverse environmental or socio-economic effects;

(f) mitigative measures and measures to compensate for any significant adverse environmental or socio-economic effects;

(g) the need to protect the rights of Yukon Indian persons under final agreements, the special relationship between Yukon Indian persons and the wilderness environment of Yukon, and the cultures, traditions, health and lifestyles of Yukon Indian persons and other residents of Yukon;

(h) the interests of residents of Yukon and of Canadian residents outside Yukon;

(i) any matter that a decision body has asked it to take into consideration; and

(j) any matter specified by the regulations.

Additional matters to be considered

(2) In addition to the matters referred to in subsection (1), the executive committee or a panel of the Board shall take the following matters into consideration:

(a) the need for effects monitoring; and

(b) the capacity of any renewable resources that are likely to be significantly affected by the project or existing project to meet present and future needs.

Consideration of standards

(3) Where a project or existing project to be assessed belongs to a class, or is to be located in a geographic area, for which standard mitigative measures have been developed, whether developed by the designated office or the executive committee, those measures shall be taken into consideration by the designated office, the executive committee or a panel of the Board when assessing the project or existing project.

Optional matters

(4) A designated office, the executive committee or a panel of the Board may also take into consideration any matter that it considers relevant in the assessment of a project or existing project.

Requiring additional information

43. A designated office, the executive committee or a panel of the Board may require the proponent to provide any supplementary information that it considers necessary for its assessment, whether or not it has commenced the assessment.

Regional land use plans

44. (1) If a regional land use plan is in effect in a planning region established under a final agreement, a designated office, the executive committee or a panel of the Board shall, when conducting an assessment of a project proposed in the planning region, request the planning commission established under the final agreement to advise it as to whether the project is in conformity with the regional land use plan, unless such a request has already been made in relation to the project.

Non-conformity with plan

(2) A designated office, the executive committee or a panel of the Board shall, if advised by the planning commission for a planning region, before or during its assessment of a project, that the project is not in conformity with the regional land use plan, consider the regional land use plan and invite the planning commission to make representations to it with respect to the project.

Recommendation for project

(3) Where a designated office, the executive committee or a panel of the Board recommends that a project referred to in subsection (2) be allowed to proceed, it shall, to the extent possible, recommend terms and conditions that will bring the project into conformity with the regional land use plan.

Pending land use plan

45. (1) When a planning commission established for a planning region under a final agreement notifies the executive committee and designated offices that it is preparing a regional land use plan pursuant to the final agreement, the executive committee and each designated office whose assessment district includes any part of the planning region shall provide the planning commission with the information in its possession about every project in the planning region for which an assessment is pending.

Representations

(2) The executive committee shall invite a planning commission that is preparing a land use plan to make representations to it and to each panel of the Board that is conducting a review of a project, and each designated office that is conducting an evaluation of a project shall invite the planning commission to make representations to it.

Participation by interested persons

46. Subject to subsections 60(4), 95(4) and 103(4), a designated office, the executive committee or a panel of the Board shall provide and publicize opportunities for interested persons and the public to participate in any assessment conducted by it.


Proposed Activities Subject to Assessment

Regulations identifying activities

47. (1) The Governor in Council may make regulations

(a) listing activities that may be made subject to assessment; and

(b) making exceptions from activities so listed.

Circumstances

(2) An activity listed under paragraph (1)(a) — and not excepted under paragraph (1)(b) — is subject to assessment if proposed to be undertaken in Yukon and if

(a) a federal agency or federal independent regulatory agency is the proponent or receives an application for financial assistance for the activity;

(b) a territorial agency, municipal government, territorial independent regulatory agency or first nation is the proponent and an authorization or the grant of an interest in land would be required for the activity to be undertaken by a private individual;

(c) an authorization or the grant of an interest in land by a government agency, independent regulatory agency, municipal government or first nation is required for the activity to be undertaken; or

(d) an authorization by the Governor in Council is required for the activity to be undertaken.

Declarations

48. (1) Where an activity is listed under paragraph 47(1)(a) but is excepted under paragraph 47(1)(b), a declaration that the activity is subject to assessment may nevertheless be made, in circumstances referred to in subsection (3) or (4), by

(a) a federal agency that is the proponent of the activity or that has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken or has received an application for financial assistance for the activity;

(b) the federal minister, if the Governor in Council has the power to issue an authorization required for the activity to be undertaken or if a federal independent regulatory agency is the proponent of the activity, has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken or has received an application for financial assistance for the activity;

(c) the territorial minister, if a territorial agency, a municipal government or a territorial independent regulatory agency is the proponent of the activity or has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken; or

(d) a first nation that is the proponent of the activity or that has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken.

Consent to declaration

(2) A declaration that a particular activity is subject to assessment must be consented to by every person or body referred to in subsection (1) that has the power to make that declaration.

Significant adverse effects

(3) A declaration that an activity is subject to assessment may be made by the federal agency, federal minister, territorial minister or first nation if they are of the opinion that the activity might

(a) have significant adverse environmental or socio-economic effects in or outside Yukon; or

(b) contribute significantly to cumulative adverse environmental or socio-economic effects in combination with projects for which proposals have been submitted under subsection 50(1) or with other activities known to them that are proposed, undertaken or completed in or outside Yukon.

Activity in protected area

(4) A declaration that an activity is subject to assessment may also be made in respect of an activity if the activity is to be undertaken

(a) in an area that contains a heritage resource, other than a record only, or that is a heritage resource, and that is for that reason protected by federal, territorial or first nation law or that is identified, in a land use plan in effect under a final agreement, as an area that should be so protected;

(b) in a special management area that is identified as such in a final agreement or that is established in accordance with a final agreement; or

(c) in an area that forms the habitat for any species of plant or wildlife that is determined to be rare, threatened, endangered or at risk by or under federal, territorial or first nation law.

Emergencies exempted

49. (1) Notwithstanding sections 47 and 48, no assessment is required of an activity that is undertaken in response to a national emergency for which special temporary measures are being taken under the Emergencies Act, or in response to an emergency when it is in the interest of public welfare, health or safety or of protecting property or the environment that the activity be undertaken immediately.

Reporting after emergencies

(2) As soon as practicable after any such activity is completed, the person who undertook it shall send a written report to the designated office for each assessment district in which it was undertaken describing the nature, extent and duration of the activity and any work required in order to restore or rehabilitate the area affected by it.


Proposals for Projects

Submission of proposals

50. (1) A proponent shall submit a proposal for a project

(a) to the executive committee, in the case of a project specified in regulations made under paragraph 122(c); or

(b) in any other case, to the designated office for the assessment district in which the project is to be undertaken, subject to the rules made under paragraph 31(2)(d).

Considerations by proponent

(2) The proponent of a project shall, in preparing a proposal,

(a) take into consideration the matters referred to in paragraphs 42(1)(b), (c), (e) and (f), in the case of a proposal submitted to a designated office, or the matters referred to in paragraphs 42(1)(b), (c) and (e) to (h), in the case of a proposal submitted to the executive committee; and

(b) incorporate any mitigative measures that may be appropriate.

Consultation

(3) Before submitting a proposal to the executive committee, the proponent of a project shall consult any first nation in whose territory, or the residents of any community in which, the project will be located or might have significant environmental or socio-economic effects.

Notification of Environment Minister

(4) The executive committee shall notify the Minister of the Environment of any proposal submitted to it under paragraph (1)(a) for a project for which there is a federal decision body.

Determination of scope

51. A designated office or the executive committee shall determine the scope of a project to be assessed by it, and shall include within the scope of the project, in addition to any activity identified in the proposal, any other activity that it considers likely to be undertaken in relation to an activity so identified and sufficiently related to it to be included in the project.

Grouping of related projects

52. A designated office or the executive committee shall assess as a single project two or more projects for which it has received proposals where it considers that the projects are so closely related as to be part of the same activity or where all the decision bodies for each of the projects have advised it that they consider the projects to be so related.

Evaluations by multiple designated offices

53. An evaluation may be conducted, in the manner provided by the rules made under paragraph 31(2)(e), by two or more designated offices jointly or by one of them on behalf of the other or others, where

(a) a single project is located in two or more assessment districts; or

(b) a designated office considers projects located in two or more assessment districts to be closely related.

Withdrawal of project

54. (1) A proponent that intends not to proceed with a project shall give notice to that effect to any body that has conducted or is conducting an assessment of the project and to any decision body that is considering recommendations relating to the project.

Discontinuance

(2) Any assessment of a project conducted by a body that is notified under subsection (1), and any consideration of a recommendation made in respect of the project by a decision body notified under that subsection, shall be discontinued.


Evaluation of Projects by Designated Offices

Preliminary determinations

55. (1) Where a proposal for a project is submitted to a designated office under paragraph 50(1)(b), the designated office shall

(a) consider whether the applicable rules have, in its opinion, been complied with and notify the proponent accordingly; and

(b) determine whether the project will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation.

Evaluation by designated office

(2) A designated office shall commence the evaluation of a project as soon as possible after it notifies the proponent affirmatively under paragraph (1)(a).

Information and views

(3) A designated office may seek any information or views that it believes relevant to its evaluation.

Information and views

(4) Before making a recommendation under any of paragraphs 56(1)(a) to (c), a designated office shall seek views about the project, and information that it believes relevant to the evaluation, from any first nation identified under paragraph (1)(b) and from any government agency, independent regulatory agency or first nation that has notified the designated office of its interest in the project or in projects of that kind.

Conclusion of evaluation

56. (1) At the conclusion of its evaluation, a designated office shall

(a) recommend to the decision bodies for the project that the project be allowed to proceed, if it determines that the project will not have significant adverse environmental or socio-economic effects in or outside Yukon;

(b) recommend to those decision bodies that the project be allowed to proceed, subject to specified terms and conditions, if it determines that the project will have significant adverse environmental or socio-economic effects in or outside Yukon that can be mitigated by those terms and conditions;

(c) recommend to those decision bodies that the project not be allowed to proceed, if it determines that the project will have significant adverse environmental or socio-economic effects in or outside Yukon that cannot be mitigated; or

(d) refer the project to the executive committee for a screening if, after taking into account any mitigative measures included in the project proposal, it cannot determine whether the project will have significant adverse environmental or socio-economic effects.

Notification

(2) A recommendation under any of paragraphs (1)(a) to (c) shall be made in writing with reasons and a copy provided to the proponent.

Notice of reasons for referral

(3) The designated office shall provide written reasons for a referral under paragraph (1)(d) to the proponent, to any first nation identified under paragraph 55(1)(b) and to any government agency, independent regulatory agency or first nation that has notified the designated office of its interest in the project or in projects of that kind.

Revised proposal

(4) Following receipt of the reasons for referral, the proponent shall submit a revised proposal to the executive committee that takes into account the matters referred to in paragraphs 42(1)(b), (c) and (e) to (h).

Documentation

(5) Where a designated office refers a project to the executive committee, it shall provide the executive committee with copies of its documentation relating to the project.


Screening of Projects by Executive Committee

Preliminary determination

57. (1) Where a proposal for a project is submitted or referred to the executive committee under paragraph 50(1)(a) or 56(1)(d), the executive committee shall consider whether the applicable rules have, in its opinion, been complied with and notify the proponent accordingly.

Screening by executive committee

(2) The executive committee shall commence a screening of a project as soon as possible after it notifies the proponent affirmatively under subsection (1) and advises the proponent that, in its opinion, the proponent has in its proposal taken into consideration the matters referred to in paragraphs 42(1)(b), (c) and (e) to (h) and has consulted first nations and the residents of communities in accordance with subsection 50(3).

Information and views

(3) The executive committee may seek any information or views that it believes relevant to its screening.

Information and views

(4) Before making a recommendation under paragraph 58(1)(a), (b) or (c), the executive committee shall seek views about the project, and information that it believes relevant to the screening, from any first nation consulted under subsection 50(3) and from any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the project or in projects of that kind.

Conclusion of screening

58. (1) Subject to subsection (2), at the conclusion of its screening the executive committee shall

(a) recommend to the decision bodies for the project that the project be allowed to proceed without a review, if it determines that the project will not have significant adverse environmental or socio-economic effects in or outside Yukon;

(b) recommend to those decision bodies that the project be allowed to proceed without a review, subject to specified terms and conditions, if it determines that the project will have significant adverse environmental or socio-economic effects in or outside Yukon that can be mitigated by those terms and conditions;

(c) recommend to those decision bodies that the project not be allowed to proceed and not be subject to a review, if it determines that the project will have significant adverse environmental or socio-economic effects in or outside Yukon that cannot be mitigated; or

(d) require a review of the project if, after taking into account any mitigative measures included in the project proposal, it cannot determine whether the project will have significant adverse environmental or socio-economic effects.

Review required — other cases

(2) Irrespective of any determination made under subsection (1), the executive committee shall require a review of the project if

(a) it determines, after taking into account any mitigative measures included in the project proposal, that the project might contribute significantly to cumulative adverse environmental or socio-economic effects in Yukon or that the project is causing or is likely to cause significant public concern in Yukon; or

(b) it determines that the project involves technology that is controversial in Yukon or the effects of which are unknown.

Notification

(3) A recommendation under paragraph (1)(a), (b) or (c) shall be made in writing with reasons and a copy provided to the proponent.

Notice of reasons for review

(4) Where the executive committee requires a review under paragraph (1)(d) or subsection (2), it shall provide written reasons for doing so to the proponent and any first nation consulted under subsection 50(3) as well as to any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the project or in projects of that kind.

Recommendation for non-referral rejected

59. (1) Where the executive committee recommends that a project not be referred for a review, but that recommendation is rejected by a decision body for the project and the decision body so notifies the executive committee in writing within 15 days after receiving the recommendation, the executive committee shall require a review of the project.

Notice to Environment Minister

(2) Where the executive committee is not notified within the 15-day period and there is no federal decision body for the project, the executive committee shall so advise the Minister of the Environment.


Request for Review

Review of project

60. (1) A request for a review of a project may be made to the executive committee

(a) by either the federal minister or the Minister of the Environment, if there is a federal decision body for the project;

(b) by the territorial minister, if the territorial minister is a decision body for the project; or

(c) by a first nation with the consent of the federal minister and, if the territorial minister is a decision body for the project, with the consent of the territorial minister.

Joint request

(2) A request for a review must be made jointly by the territorial minister and either the federal minister or the Minister of the Environment if the decision bodies for the project include both the territorial minister and a federal decision body.

Exceptions

(3) A request for a review may not be made if

(a) the executive committee has already required a review of the project under paragraph 58(1)(d) or subsection 58(2); or

(b) a recommendation has already been made in respect of the project by a designated office or the executive committee and all decision bodies to which the recommendation was made have issued decision documents.

Form of review

(4) A request shall specify whether a review is to be a public review or some other form of review.

Pending assessments

(5) Where a request is made for a review, any assessment of the project by a designated office or the executive committee or any consideration by a decision body of a recommendation made in respect of the project, as the case may be, shall be discontinued.


Powers of Minister of Environment

Requirement or request for review

61. (1) When the executive committee, under paragraph 58(1)(d) or subsection 58(2) or 59(1), requires a review of a project for which there is a federal decision body, or when a public review of such a project is requested under section 60, the executive committee shall

(a) notify the Minister of the Environment of its intention to establish a panel of the Board;

(b) request that Minister to appoint a review panel under subsection 33(1) of the Canadian Environmental Assessment Act or enter into an agreement for the joint establishment of a review panel in accordance with paragraph 40(2)(a) of that Act; or

(c) request that Minister to enter into negotiations for the establishment of a joint panel in accordance with section 67 of this Act.

Consideration of effects outside Yukon

(2) When the executive committee, under paragraph 58(1)(d) or subsection 58(2) or 59(1), requires a review of a project for which there is no federal decision body, or when a public review of such a project is requested under section 60, the executive committee shall

(a) if it determines that the project might have significant adverse environmental or socio-economic effects outside Yukon, make a request under paragraph (1)(b) or (c); or

(b) if it determines that the project will not have such effects, so notify that Minister.

Response by Minister

(3) The Minister of the Environment may, within 30 days after receiving a notification under paragraph (1)(a), direct the executive committee not to establish a panel of the Board, in which case the executive committee shall make a request under paragraph (1)(b) or (c).

Determination by Minister

(4) After receiving a notification of the executive committee’s determination under paragraph (2)(b), the Minister of the Environment may consider and determine the same question and, if that Minister advises the executive committee of a contrary determination within 30 days after the notification, the executive committee shall make a request under paragraph (1)(b) or (c).

Determination by Minister

62. (1) Within 30 days after the Minister of the Environment receives a request made under paragraph 61(1)(b) or (c), that Minister shall notify the executive committee whether he or she agrees to the request and, in the case of paragraph 61(1)(b), of the choice made under that paragraph.

Power of Environment Minister

(2) Within 10 days after a notification under subsection 59(2), the Minister of the Environment may give notice to the decision bodies for a project that that Minister intends to appoint a review panel under subsection 33(1) of the Canadian Environmental Assessment Act or to enter into an agreement for the joint establishment of a review panel in accordance with paragraph 40(2)(a) of that Act.

Application of Canadian Environmental Assessment Act

63. (1) Where the Minister of the Environment agrees to a request made under paragraph 61(1)(b) or gives notice of that Minister’s intention under subsection 62(2), the provisions of the Canadian Environmental Assessment Act relating to the conduct of assessments by a review panel, or relating to agreements for the joint establishment of a review panel, as the case may be, apply in respect of the project, subject to the other provisions of this section and section 64.

Application

(2) For the purposes of subsection (1),

(a) the decision bodies for the project are deemed to be responsible authorities within the meaning of the Canadian Environmental Assessment Act; and

(b) the executive committee has the power to enter into an agreement for the joint establishment of a review panel.

Request for consent

(3) Before appointing a review panel referred to in subsection (1) or entering into an agreement for the joint establishment of such a review panel, the Minister of the Environment shall determine whether the project will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation and, if so, shall request each such first nation to indicate within 30 days after that determination whether it consents to the appointment of a review panel.

Request for list of nominees

(4) If any first nation does not indicate its consent within the period of 30 days, the Minister of the Environment shall request the Council and the territorial minister each to provide within 60 days a list of nominees for appointment to the review panel.

When panel may be established

(5) A review panel referred to in subsection (1) may be appointed and its terms of reference may be fixed only if

(a) all first nations give their consent within 30 days after a request is made under subsection (3), or there are no first nations to whom subsection (3) applies; or

(b) the period of 60 days referred to in subsection (4) has expired, in which case at least one quarter of the members of the review panel shall be chosen from each list of nominees, if any, provided to the Minister of the Environment within that period.

Yukon Indian persons not in conflict

(6) For the purposes of the application of paragraph 33(1)(a) or 41(b) of the Canadian Environmental Assessment Act in respect of a project, a member of the review panel is not in a material conflict of interest solely by virtue of being a Yukon Indian person.

Response by responsible authority

(7) In respect of a project referred to in subsection (1), if the report of a review panel established under the Canadian Environmental Assessment Act is submitted to a responsible authority — within the meaning of that Act — that is not a decision body, the provisions of that Act relating to the response of a responsible authority apply in respect of the report.

Referral back to executive committee

64. The Minister of the Environment may refer a project back to the executive committee within 45 days after the last request for consent made by that Minister under subsection 63(3) or, where there are no first nations to which that subsection applies, within 45 days after notifying the executive committee of that Minister’s agreement to a request under paragraph 61(1)(b).


Panels of the Board

Establishment of panel

65. (1) Except where an agreement is entered into under section 67, the executive committee shall establish a panel of the Board to conduct a review of a project where

(a) a request is made under section 60 for a form of review other than a public review;

(b) the Minister of the Environment does not direct the executive committee as provided in subsection 61(3), does not advise the executive committee as provided in subsection 61(4) or does not agree to a request as provided in subsection 62(1); or

(c) the Minister of the Environment refers the project back to the executive committee under section 64.

Failure to enter into agreement

(2) The executive committee shall establish a panel of the Board to conduct a review of a project where, despite negotiations entered into under paragraph 61(1)(c) for the establishment of a joint panel, no agreement is concluded pursuant to section 67.

Determination by executive committee

(3) Before a panel of the Board is established, the executive committee shall determine whether the project is likely to have significant adverse environmental or socio-economic effects primarily on settlement land or on non-settlement land.

Designation of members

(4) The executive committee shall select the members of a panel of the Board for the review of a project from among the members of the Board, and shall designate one of them to be chairperson.

Composition of panels

(5) A panel of the Board shall be constituted as follows:

(a) if the executive committee concludes under subsection (3) that effects are likely to occur primarily on settlement land, two thirds of the members of the panel must be members nominated to the Board by the Council and one third must be members, excluding the Chairperson of the Board, who are not so nominated;

(b) if the executive committee concludes under subsection (3) that effects are likely to occur primarily on non-settlement land, one third of the members of the panel must be members nominated to the Board by the Council and two thirds must be members, excluding the Chairperson of the Board, who are not so nominated; and

(c) in any other case, of the members of the panel other than its chairperson, one half must be members nominated to the Board by the Council and one half must be members who are not so nominated.

Attendance

(6) Every member of a panel of the Board must be present at each meeting or hearing of the panel.

Vacancies

(7) In the event of the absence or incapacity, or a vacancy in the office, of a member of a panel of the Board, the executive committee shall, in a manner consistent with the proportions set out in subsection (5),

(a) direct some or all of the remaining members of the panel to resume the review;

(b) appoint another member to the panel and direct the panel to resume or recommence the review; or

(c) appoint a new panel and direct the panel to recommence the review.

Terms of reference

66. (1) Subject to any specification as to the form of review referred to in subsection 60(4), the executive committee shall establish the terms of reference of a panel of the Board.

Publication of notice

(2) The executive committee shall publish, in a periodical that, in its opinion, has a large circulation in Yukon,

(a) a notice of the establishment of a panel of the Board, and of the manner in which the public may obtain copies of the panel’s terms of reference; and

(b) if the panel’s terms of reference are subsequently modified, a notice of the manner in which the public may obtain copies of the modification and of the reasons for it.

Determination by executive committee

(3) In the case of a project that is the subject of a request referred to in paragraph 65(1)(a), the executive committee shall determine whether it will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation.

Distribution of terms of reference

(4) The executive committee shall provide copies of the terms of reference of a panel of the Board, and of any modification made to them with the reasons for it, to the proponent and any first nation identified under subsection (3) or consulted under subsection 50(3), as well as to any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the project or in projects of that kind.


Agreements for Joint Panels

Conclusion of agreement

67. (1) Where the Minister of the Environment agrees to a request made by the executive committee under paragraph 61(1)(c), the executive committee may, with the approval of the federal minister, enter into an agreement with the Minister of the Environment for the establishment of a joint panel to conduct a review of the project.

Joint panel agreement

(2) In circumstances referred to in paragraphs 65(1)(a) to (c), the executive committee may, with the approval of the federal minister, enter into an agreement for the purpose referred to in subsection (1) with

(a) the Minister of the Environment; or

(b) any authority having power to examine the environmental or socio-economic effects of the project, or of an activity that is to be undertaken partly outside Yukon and of which the project forms part.

Contents of agreement

(3) An agreement for the establishment of a joint panel must

(a) provide for the composition of the joint panel, the manner of appointment of its members and the selection of a chairperson;

(b) contain the terms of reference of the joint panel and indicate how they may be modified;

(c) require the joint panel to take into consideration the matters set out in subsections 42(1) to (3) in its review and permit it to take into consideration any other matter that it considers relevant;

(d) prescribe rules to be followed in the conduct of the review, including rules about the information to be provided by the proponent, the scheduling of the review, the quorum, the mode of participation of interested persons and the integration of scientific information, traditional knowledge and other information;

(e) name a person or body that consents to indemnify the members of the joint panel in accordance with subsection (5) and, if it is the Board, indicate that the federal minister concurs; and

(f) require that, on completion of the review, the joint panel submit a report to the decision bodies for the project and publish the report.

Publication of notice

(4) The executive committee shall publish, in a periodical that, in its opinion, has a large circulation in Yukon,

(a) a notice of the conclusion of an agreement for the establishment of a joint panel and the manner in which copies of the agreement may be obtained by the public; and

(b) a notice of any amendments made to the agreement and the manner in which copies of the amendments and the reasons for them may be obtained by the public.

Indemnification of panel members

(5) The members of a joint panel shall be indemnified by the person or body referred to in paragraph (3)(e) for all damages awarded against them, for any settlement paid by them with the approval of the federal minister and that person or body and for all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members that were carried out honestly and in good faith with a view to the best interests of the joint panel.

Preliminary determination

68. (1) Following the conclusion of an agreement for a joint panel, the executive committee shall determine whether the project will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation.

Distribution of terms of reference

(2) The executive committee shall provide copies of the terms of reference of a joint panel, and of any modification made to them with the reasons for the modification, to the proponent of the project, to any first nation identified under subsection (1) and to any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the project or in projects of that kind.

Equivalence of joint panel review

69. A review by a joint panel fulfils the requirements of any provision of this Act for a review by a panel of the Board.


Reviews of Projects by Panels

Conduct of panel review

70. (1) Subject to its terms of reference and any specification referred to in subsection 60(4), a panel of the Board or a joint panel established to review a project may determine any matter that it considers appropriate for the conduct of the review and shall determine

(a) a schedule for the review;

(b) the information to be provided by the proponent; and

(c) the manner of participation by first nations, residents of communities, the federal and territorial governments and interested persons.

Determination by panel

(2) Before commencing public hearings, a panel of the Board or a joint panel shall determine whether the project will be located, or might have significant adverse environmental or socio-economic effects, on the settlement land of a first nation or on non-settlement land.

Location of hearings

(3) A review of a project by a panel of the Board or a joint panel may include public hearings in any location chosen by the panel and, except in the case of a review requested under subsection 60(4) that is not a public review, shall include public hearings

(a) in a community within the territory of each first nation, other than the Tetlit Gwich’in, whose settlement land is identified under subsection (2) — unless the panel and the first nation agree otherwise;

(b) in a community within the Gwich’in settlement area referred to in the Gwich’in Agreement, if Tetlit Gwich’in Yukon land is settlement land identified under subsection (2) — unless the panel and the Gwich’in Tribal Council agree otherwise; and

(c) in the community in Canada closest to the project, if non-settlement land is identified under subsection (2) — unless another location in Canada is agreed on for that purpose by the panel, the proponent, the decision bodies for the project and any first nation whose settlement land is identified under subsection (2).

Combined public hearings

(4) A public hearing held by a panel of the Board or a joint panel for the purposes of the review of a project may be combined with a public hearing held by any other body in relation to the project

(a) with the approval of the executive committee, in the case of a panel of the Board; or

(b) in accordance with an agreement made under section 67, in the case of a joint panel.

Judicial powers of panels

71. (1) A panel of the Board or a joint panel has, for the purposes of a review of a project, the powers, rights and privileges of a superior court with respect to the attendance and examination of witnesses and the production and inspection of documents and other evidence.

Enforcement by court process

(2) A summons issued or an order made by a panel of the Board or a joint panel under subsection (1) may be made a summons or order of a superior court by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court.

Commencement of panel review

72. (1) A panel of the Board or a joint panel established to review a project shall

(a) consider whether the applicable rules have been complied with and notify the proponent accordingly; and

(b) commence the review as soon as possible after it notifies the proponent that, in its opinion, the applicable rules have been complied with.

Other information

(2) A panel of the Board or a joint panel may seek any information or views that it believes relevant to its review.

Other information

(3) Before making a recommendation under this section, a panel of the Board or a joint panel shall seek views about the project, and information that it believes relevant to the review, from any first nation consulted under subsection 50(3) or identified under subsection 66(3) or 68(1) and from any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the project or in projects of that kind.

Recommendations of panel

(4) At the conclusion of its review, a panel of the Board or a joint panel shall recommend to the decision bodies for the project that

(a) the project be allowed to proceed, if it determines that the project will have no significant adverse environmental or socio-economic effects in or outside Yukon;

(b) the project be allowed to proceed, subject to specified terms and conditions, if it determines that the project will have significant adverse environmental or socio-economic effects in or outside Yukon that can be mitigated by those terms and conditions; or

(c) the project not be allowed to proceed, if it determines that the project will have significant adverse environmental or socio-economic effects in or outside Yukon that cannot be mitigated.

Other recipient of recommendation

(5) A recommendation of a panel of the Board or a joint panel shall be made in writing with reasons and a copy provided to the proponent.

Review panel under Canadian Environmental Assessment Act

73. When a report is made to the Minister of the Environment by a review panel under the Canadian Environmental Assessment Act in respect of a project referred to in section 63, the report shall include one of the recommendations referred to in subsection 72(4), and a copy of the report shall be provided to the decision bodies for the project and to the proponent.


Consideration of Recommendations and Issuance of Decision Documents

Consideration of accompanying information

74. (1) A decision body considering a recommendation in respect of a project shall give full and fair consideration to scientific information, traditional knowledge and other information that is provided with the recommendation.

First nations without final agreements

(2) A decision body considering a recommendation in respect of a project shall consult a first nation for which no final agreement is in effect if the project is to be located wholly or partly, or might have significant adverse environmental or socio-economic effects, in the first nation’s territory.

Decision on recommendation from designated office, joint panel or review panel

75. (1) Where a designated office, a joint panel or a review panel referred to in section 63 makes a recommendation to a decision body, the decision body shall issue a decision document within the period prescribed by the regulations accepting, rejecting or varying the recommendation.

Approval of Governor in Council

(2) Where a review panel referred to in section 63 makes a recommendation to a federal decision body, the federal decision body need not issue a decision document within the period referred to in subsection (1) and may not issue a decision document unless it has obtained the approval of the Governor in Council.

Decision on recommendation from executive committee or panel of the Board

76. (1) Subject to subsection 59(1), where the executive committee or a panel of the Board makes a recommendation to a decision body, the decision body shall, within the period prescribed by the regulations,

(a) issue a decision document accepting the recommendation; or

(b) refer the recommendation back to the executive committee or the panel for reconsideration by it, unless that recommendation was made in response to a previous referral under this paragraph.

Notice of referral back

(2) When a decision body refers a recommendation back to the executive committee or a panel of the Board for reconsideration, it shall give notice of the referral to every person or body referred to in paragraphs 81(1)(a), (b) and (f) to (i).

Effect of referral back

(3) On being notified under subsection (2),

(a) every other decision body for the project shall discontinue its consideration of the recommendation; and

(b) no person or body required under sections 82 to 88 to implement a decision document already issued shall take any action that would enable the project to be undertaken.

Reconsideration on referral back

77. (1) When it reconsiders a recommendation that is referred back to it under paragraph 76(1)(b), the executive committee and the panel of the Board may exercise the powers and shall perform the duties that they have, respectively, in relation to screenings and reviews.

Time periods

(2) The executive committee or panel of the Board shall make a new recommendation to the decision bodies in respect of the project within the period prescribed by the rules, or else it is deemed to have made the same recommendation that it made at the conclusion of its screening or review.

New recommendation

(3) Every decision body shall, within the period prescribed by the regulations, issue a decision document accepting, rejecting or varying the new recommendation, and that decision document replaces any previous decision document issued by it in respect of the project.

Consultation between decision bodies

78. (1) Where decision documents must be issued in relation to a project by more than one decision body, the decision bodies shall, before issuing the decision documents, consult one another in accordance with the regulations with a view to making their decision documents conform.

Consolidation of decision documents

(2) Any two or more decision bodies in respect of a project may agree to consolidate their decision documents.

Mining interest on settlement lands

79. Notwithstanding sections 75 and 76, where a project involves a right to work mines and minerals situated in category B or fee simple settlement land or Tetlit Gwich’in Yukon land, and decision documents must be issued in relation to the project by a first nation as well as by a federal decision body or the territorial minister, neither of those decision bodies may reject or vary any recommendation made in respect of the project except on the ground that a recommended term or condition is

(a) insufficient to prevent unacceptable environmental or socio-economic effects in Yukon;

(b) more onerous than necessary to prevent such effects; or

(c) so onerous as to undermine the economic viability of the project.

Decision body’s reasons

80. (1) A decision body shall include in a decision document the reasons for which it rejected or varied any recommendation.

Statutory Instruments Act

(2) A decision document is not a statutory instrument for the purposes of the Statutory Instruments Act.

Distribution of decision documents

81. (1) A decision body shall provide copies of a decision document to

(a) every other decision body for the project;

(b) the proponent of the project;

(c) the designated office in whose assessment district the project is proposed to be undertaken;

(d) the executive committee, if the recommendation to the decision body was made by the executive committee, a panel of the Board, a joint panel or a review panel referred to in section 63;

(e) the Minister of the Environment, if the recommendation to the decision body was made by a review panel referred to in section 63;

(f) any independent regulatory agency from which an authorization is required, or to which an application is made for financial assistance, to enable the project to be undertaken;

(g) the Yukon Surface Rights Board, if an access order is required for the project under the Yukon Surface Rights Board Act;

(h) a body established by territorial law and having jurisdiction in relation to rights in respect of waters, if the grant of rights from that body is required for the project under territorial law; and

(i) any other person or body that is required to implement the decision document under subsection 82(2), 83(2) or 84(2) or (3).

Decision not in conformity with land use plan

(2) Where a decision document allows a project to be undertaken not in conformity with a land use plan referred to in section 44, the decision body shall provide a copy of the decision document to the planning commission that prepared the plan and to any person or body that approved the plan.

2003, c. 7, ss. 81, 133.

Previous Version

Implementation of Decision Documents

Federal agencies

82. (1) A federal agency that is a decision body for a project shall not undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until it has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken.

Implementing decision document

(2) Notwithstanding the limitations in any other federal law, a federal agency undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by it in respect of the project.

Territorial agencies and municipal governments

83. (1) Where the territorial minister is a decision body for a project, no territorial agency or municipal government shall undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until the territorial minister has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken.

Implementing decision document

(2) To the extent of its authority under the Yukon Act, territorial laws or municipal by-laws, every territorial agency and every municipal government undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by the territorial minister in respect of the project.

First nations

84. (1) A first nation that is a decision body for a project shall not undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until it has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken.

Implementing decision document

(2) To the extent of its authority under the Yukon First Nations Self-Government Act, first nation laws or its final agreement, a first nation undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by it in respect of the project.

Decision document relating to mines

(3) Notwithstanding subsection (2), if a project involves a right to work mines and minerals in category B or fee simple settlement land or Tetlit Gwich’in Yukon land, a first nation taking any action that enables the project to be undertaken shall implement

(a) a decision document issued in respect of the project by the territorial minister to the extent that it is inconsistent with the first nation’s decision document, where the Commissioner of Yukon has the administration and control of those mines and minerals; or

(b) a decision document issued in respect of the project by a federal agency to the extent that it is inconsistent with the first nation’s decision document, where the federal agency has the administration of those mines and minerals.

Interpretation

85. The obligation to implement decision documents under subsections 82(2), 83(2) and 84(2) and (3) does not require the making of any regulation, municipal by-law, first nation law or other law.

Water licences

86. A body established by territorial law and having jurisdiction in relation to rights in respect of waters may not, under territorial law,

(a) grant or renew rights in respect of waters contrary to a decision document issued by a federal agency or a decision document that is to be implemented by a territorial agency, municipal government or first nation under subsection 83(2) or 84(2) or (3); or

(b) set terms of such rights that conflict with such a decision document, to the extent that the decision document is required to be implemented by a federal agency or a territorial agency, municipal government or first nation.

2003, c. 7, ss. 86, 133.

Previous VersionFederal independent regulatory agencies

87. (1) A federal independent regulatory agency shall not require that a project be undertaken or take any action that enables a project to be undertaken until every federal decision body for the project and, in the case of the National Energy Board, the territorial minister has issued a decision document in respect of the project under section 75, 76 or 77.

Conformity with decision document

(2) A federal independent regulatory agency, other than the National Energy Board, shall

(a) when it requires that a project be undertaken or takes any action that enables a project to be undertaken, endeavour to the extent practicable to implement any decision document issued by a federal decision body; and

(b) when it issues an authorization that enables a project to be undertaken, endeavour to the extent practicable to make the authorization conform with any decision document issued by a federal decision body, and provide written reasons to that decision body for any want of conformity.

National Energy Board

(3) The National Energy Board shall

(a) when it requires that a project be undertaken or provides financial assistance for a project, take into consideration any decision document issued by a federal decision body or the territorial minister; and

(b) when it issues an authorization to enable a project to be undertaken, take into consideration any decision document issued by a federal decision body or the territorial minister and provide written reasons to the decision body or the minister for any want of conformity.

Territorial independent regulatory agencies

88. (1) A territorial independent regulatory agency shall not require that a project be undertaken, or take any action that enables a project to be undertaken, until the territorial minister has issued a decision document in respect of the project under section 75, 76 or 77.

Conformity with decision document

(2) A territorial independent regulatory agency shall

(a) when it requires that a project be undertaken or takes any action that enables a project to be undertaken, endeavour to the extent practicable to implement any decision document issued by the territorial minister; and

(b) when it issues an authorization that enables a project to be undertaken, endeavour to the extent practicable to make the authorization conform with any decision document issued by the territorial minister, and provide written reasons to the minister for any want of conformity.

Notice of actions taken following decision

89. Following the issuance of a decision document allowing a project to be undertaken, every government agency, municipal government, independent regulatory agency and first nation shall notify the Board whenever it

(a) issues any authorization required for the project to be undertaken, or amends or revokes that authorization;

(b) grants any interest in land required for the project to be undertaken, or modifies or withdraws that interest; or

(c) provides any financial assistance that enables the project to be undertaken, or alters or cancels that assistance.


Projects on Yukon North Slope

Definitions

90. (1) The following definitions apply in this section and section 91.

“Agreement”

« convention »

“Agreement” means the Inuvialuit Final Agreement, given effect by the Western Arctic (Inuvialuit) Claims Settlement Act, chapter 24 of the Statutes of Canada, 1984, as it read on the date that the Yukon First Nations Land Claims Settlement Act came into force.

“Screening Committee” and “Review Board”

« Bureau d’examen des répercussions environnementales » et « Comité d’étude des répercussions environnementales »

“Screening Committee” and “Review Board” mean the Environmental Impact Screening Committee and the Environmental Impact Review Board, respectively, established by section 11 of the Agreement.

“Yukon North Slope”

« Versant nord du Yukon »

“Yukon North Slope” has the same meaning as in section 12 of the Agreement.

Additional consideration

(2) In an assessment of a project located on the Yukon North Slope, a designated office, the executive committee or a panel of the Board shall take into consideration, in addition to the matters set out in subsections 42(1) to (3), the need to protect the rights of the Inuvialuit under the Agreement, and may take into consideration any matter that it considers relevant.

Recommendations re project

(3) Where a recommendation is made by a designated office, the executive committee or a panel of the Board in respect of a project located on the Yukon North Slope, a copy of the recommendation including reasons shall be provided to the Screening Committee.

Reasons for panel review

(4) Where the executive committee requires that a project located on the Yukon North Slope be reviewed by a panel of the Board, the executive committee shall provide its reasons for doing so to the Screening Committee.

Examination by Screening Committee or Review Board

91. (1) When the Screening Committee or Review Board examines a project located on the Yukon North Slope, the competent government authority that receives its report or recommendation pursuant to the Agreement shall provide a copy of the authority’s response to the report or recommendation to the Board and to the designated office in whose assessment district the project is located.

Referral by Screening Committee to Review Board

(2) Where a project located on the Yukon North Slope is referred to the Review Board by the Screening Committee,

(a) the provisions of this Part relating to assessments and decision documents cease to apply in respect of the project; and

(b) any panel of the Board already established to review the project shall provide the Review Board with copies of all documents relating to the project.


Collaboration and External Activities

Collaboration on projects

92. (1) In the assessment of a project that forms part of an activity to be located wholly or partly in Yukon, a designated office or the executive committee shall collaborate, to the extent practicable, with any other body proposing to examine the activity’s environmental or socio-economic effects.

Adoption of report

(2) Where a body referred to in subsection (1) issues a report of its examination, the designated office or the executive committee may, in lieu of all or part of its assessment of the project, adopt any portions of the report that, in its opinion, fulfil any of the requirements of this Act.

External activities affecting Yukon

93. (1) At the request of the federal minister or the Minister of the Environment — or at the request of the territorial minister or a first nation and at their expense, unless the federal minister consents to the request — the executive committee may, in respect of an activity outside Yukon that, in its opinion, has or will have significant adverse environmental or socio-economic effects in Yukon,

(a) establish a panel of the Board to conduct a review of the activity, in accordance with an agreement entered into by the executive committee with the requesting minister or first nation; or

(b) participate in a consideration of the environmental and socio-economic effects of the activity conducted by a public body outside Yukon, in a manner specified in the request and accepted by that body.

Report by panel

(2) A panel of the Board referred to in paragraph (1)(a) shall issue a report in relation to any significant adverse environmental or socio-economic effects of the activity to the proponent of the activity, the minister or first nation that requested the review and, if the federal minister consented to the request, the federal minister.

Response to Board

(3) A minister or first nation that requests a review shall provide the Board with a written response to the report of a panel of the Board.


Existing Projects

Definition of “administrative authority”

94. (1) In sections 95 to 101, “administrative authority”, in relation to a review of an existing project, means a government agency, an independent regulatory agency, a municipal government or a first nation that

(a) is the operator of the existing project,

(b) has the power to assume the operation of or to shut down the existing project, or

(c) has the power to amend, suspend or revoke an authorization that was issued, or to modify, suspend or withdraw an interest in land that was granted, to enable the existing project to be undertaken or completed,

and includes the Governor in Council, if the Governor in Council has a power referred to in paragraph (b) or (c).

Definition of “operator”

(2) In subsection (1) and sections 95 to 101, “operator”, in relation to an existing project, means the person or body responsible for its operation.

Request for panel review

95. (1) The executive committee shall establish a panel of the Board to conduct a review of an existing project, of a proposed abandonment, decommissioning or temporary shutdown of an existing project, or of a proposed significant change to an existing project other than a change that is subject to assessment under any other provision of this Act,

(a) at the request of the federal minister, if there is an administrative authority for the existing project that is a federal agency or federal independent regulatory authority;

(b) at the request of the territorial minister, if there is an administrative authority for the existing project that is established by or under the Yukon Act; or

(c) at the request of a first nation and with the consent of

(i) the federal minister, and

(ii) the territorial minister, where a territorial agency, a municipal government or a territorial independent regulatory agency is an administrative authority for the existing project.

Joint request

(2) A request for a review must be made jointly by the federal and territorial ministers if there are administrative authorities described in paragraphs (1)(a) and (b).

Consent of first nation

(3) If a first nation is an administrative authority for an existing project, a request for a review by the federal or territorial minister may only be made with the first nation’s consent.

Form of review

(4) A request for a review shall specify whether the review is to be a public review or some other form of review.

Discontinuance

(5) If any minister or first nation that requested a review withdraws the request, the panel conducting the review shall discontinue it.

Designation of members

96. (1) The executive committee shall select the members of a panel of the Board, including its chairperson, from among the members of the Board.

Determination by executive committee

(2) Before the executive committee establishes a panel of the Board, it shall

(a) if the request is for the review of the existing project, determine whether the existing project is having or might subsequently have significant adverse environmental or socio-economic effects primarily on settlement land of a first nation or on non-settlement land; or

(b) if the request is for the review of a proposed abandonment, decommissioning, temporary shutdown or significant change, determine whether it might have significant adverse environmental or socio-economic effects primarily on settlement land of a first nation or on non-settlement land.

Composition of panels

(3) A panel of the Board shall be constituted as follows:

(a) if the executive committee concludes under subsection (2) that effects are occurring or might occur primarily on settlement land, two thirds of the members of the panel must be members nominated to the Board by the Council and one third must be members, excluding the Chairperson of the Board, who are not so nominated;

(b) if the executive committee concludes under subsection (2) that effects are occurring or might occur primarily on non-settlement land, one third of the members of the panel must be members nominated to the Board by the Council and two thirds must be members, excluding the Chairperson of the Board, who are not so nominated; and

(c) in any other case, of the members of the panel other than its chairperson, one half must be members nominated to the Board by the Council and one half must be members who are not so nominated.

Attendance

(4) Every member of a panel of the Board must be present at each meeting or hearing of the panel.

Vacancies

(5) In the event of the absence or incapacity, or a vacancy in the office, of a member of a panel of the Board, the executive committee shall, in a manner consistent with the proportions set out in subsection (3),

(a) direct some or all of the remaining members of the panel to resume the review;

(b) appoint another member to the panel and direct the panel to resume or recommence the review; or

(c) appoint a new panel and direct it to recommence the review.

Terms of reference

97. (1) Subject to any specification as to the form of review referred to in subsection 95(4), the executive committee shall set the terms of reference of the panel of the Board.

Publication of notice

(2) The executive committee shall publish, in a periodical that in its opinion has a large circulation in Yukon, a notice of the establishment of a panel of the Board and of the manner in which the public may obtain copies of the panel’s terms of reference.

Modification of terms of reference

(3) If a panel’s terms of reference are modified, the executive committee shall publish in a periodical referred to in subsection (2) a notice of the manner in which the public may obtain copies of the modification and of the reasons for it.

Distribution of terms of reference

(4) The executive committee shall provide copies of the terms of reference, and of any modification made to them with the reasons for the modification, to the operator of the existing project, to any minister or first nation that requested or consented to the review, to any first nation identified under subsection 96(2) and to any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the existing project or in existing projects of that kind.

Commencement of review

98. (1) A panel of the Board established under section 95 shall commence its review as soon as possible after it notifies the operator and the administrative authority that, in its opinion, the applicable rules have been complied with.

Power to require additional information

(2) A panel of the Board may, before or after commencing its review, require the operator to provide any supplementary information that it considers necessary for the review.

Judicial powers of panels

99. (1) A panel of the Board has, for the purposes of its review, the powers, rights and privileges of a superior court with respect to the attendance and examination of witnesses and the production and inspection of documents and other evidence.

Enforcement by court process

(2) A summons issued or order made by a panel of the Board under subsection (1) may be made a summons or order of a superior court by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court.

Preliminary determination

100. (1) A panel of the Board established pursuant to a request that specified a public review shall determine whether the existing project is located on the settlement land of a first nation or on non-settlement land.

Determination by panel

(2) A panel of the Board referred to in subsection (1) shall

(a) if the request is for the review of the existing project, determine whether the existing project is having, or might subsequently have, significant adverse environmental or socio-economic effects on settlement land of a first nation or on non-settlement land; or

(b) if the request is for the review of a proposed abandonment, decommissioning, temporary shutdown or significant change, determine whether it might have significant adverse environmental or socio-economic effects on settlement land of a first nation or on non-settlement land.

Location of hearings

(3) A review by a panel of the Board established under section 95 may include public hearings in any location chosen by the panel and, where the request under that section is for a public review, shall include public hearings in the following locations:

(a) in a community within the territory of each first nation, other than the Tetlit Gwich’in, whose settlement land is identified under subsection (1) or (2) — unless the panel and the first nation agree otherwise;

(b) in a community within the Gwich’in settlement area referred to in the Gwich’in Agreement, if Tetlit Gwich’in Yukon land is settlement land identified under subsection (1) or (2) — unless the panel and the Gwich’in Tribal Council agree otherwise; and

(c) in the community in Canada closest to the existing project, if non-settlement land is identified under subsection (1) or (2) — unless another location in Canada is agreed on for that purpose by the panel, the operator, the decision bodies for the project and any first nation whose settlement land is identified under subsection (1) or (2).

Recommendations of panel

101. (1) A panel of the Board established under section 95 shall make a written report of its review to the minister or first nation that requested the review, in which the panel may make any recommendation based on the review that it considers to be appropriate.

Copy of report

(2) A copy of the report of a panel of the Board shall be provided to the operator of the existing project, every administrative authority in respect of the existing project and any minister that consented to the request for the review.

Consideration of recommendations

(3) The minister or first nation that requested a review shall give full and fair consideration to any recommendations made by a panel of the Board and shall provide a written response to the Board describing any action that they plan to take in response to the report.


Plans

Definition of “originator”

102. In sections 103 to 109, “originator” means the government agency, first nation or other body by or for which a plan is prepared.

Request for panel review

103. (1) If the executive committee considers that the implementation of a plan might have significant adverse environmental or socio-economic effects in Yukon, it may establish a panel of the Board to conduct a review of the plan

(a) at the request of the federal minister, if a federal agency is the originator;

(b) at the request of the territorial minister, if a territorial agency or municipal government is the originator; or

(c) at the request of a first nation, and either at the first nation’s expense or with the consent of the federal minister and, where a territorial agency or municipal government is the originator, the consent of the territorial minister.

Joint request

(2) A request for a review shall be made jointly by the territorial minister and the federal minister if both a territorial agency or municipal government and a federal agency are originators of the plan.

Consent of municipal government

(3) If a municipal government is an originator of a plan, a request for a review, or consent to a review, by the territorial minister may only be made or given with the agreement of the municipal government.

Form of review

(4) A request for a review shall specify whether the review is to be a public review or some other form of review.

Discontinuance

(5) If a minister or first nation that requests a review of a plan withdraws the request, the review shall be discontinued.

Criteria for review

104. (1) In determining whether to establish a panel of the Board, the executive committee shall consider

(a) whether the matters referred to in subsection 108(3) were considered in the preparation of the plan;

(b) whether there is a need for the plan to be reviewed by an independent body such as a panel of the Board and whether there is a more appropriate body by which, or process under which, the plan could be reviewed; and

(c) whether the originator of the plan agrees to the review.

Notice of review

(2) The executive committee shall notify the originator of its determination.

Terms of reference

(3) Subject to any specification as to the form of review referred to in subsection 103(4), the executive committee shall establish the terms of reference of a panel of the Board.

Review of plans specified in regulations

105. (1) The executive committee may establish a panel of the Board to conduct a review of any plan of a type specified in the regulations and whose implementation it considers might have significant adverse environmental or socio-economic effects in Yukon.

Notice of review

(2) The executive committee shall notify the originator of the establishment of a panel of the Board.

Scope and terms of reference

(3) The executive committee shall specify the scope of the review of the plan, the panel’s terms of reference and a schedule for the review.

Publication of notice

106. (1) The executive committee shall publish, in a periodical that in its opinion has a large circulation in Yukon, a notice of the establishment of a panel of the Board under section 103 or 105 and of the manner in which the public may obtain copies of the panel’s terms of reference.

Modification of terms of reference

(2) If a panel’s terms of reference are modified, the executive committee shall publish, in a periodical referred to in subsection (1), a notice of the manner in which the public may obtain copies of the modification and of the reasons for it.

Distribution of terms of reference

(3) The executive committee shall provide copies of the terms of reference, and of any modification made to them with the reasons for the modification, to the originator of the plan, to the minister or first nation that requested or consented to the review, if any, and to any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the plan or in plans of that kind.

Designation of members

107. (1) The executive committee shall select the members of a panel of the Board, including its chairperson, from among the members of the Board.

Attendance

(2) Every member of a panel of the Board must be present at each meeting or hearing of the panel.

Vacancies

(3) In the event of the absence or incapacity, or a vacancy in the office, of a member of a panel of the Board, the executive committee shall

(a) direct some or all of the remaining members of the panel to resume the review;

(b) appoint another member to the panel and direct the panel to resume or recommence the review; or

(c) establish a new panel and direct the panel to recommence the review.

Commencement of review

108. (1) A panel of the Board established to review a plan shall commence the review as soon as possible after it notifies the originator that, in its opinion, the applicable rules have been complied with.

Power to require additional information

(2) A panel of the Board may, before or after commencing a review of a plan, require the originator of the plan to provide any supplementary information that it considers necessary for the review.

Matters to be considered

(3) In conducting a review of a plan, a panel of the Board shall take the following matters into consideration:

(a) the significance of any environmental or socio-economic effects in or outside Yukon that might occur from the implementation of the plan;

(b) the significance of any adverse cumulative environmental or socio-economic effects that might occur from the implementation of the plan in combination with

(i) projects for which proposals have been submitted under subsection 50(1), or

(ii) existing or proposed activities, or the implementation of other plans, in or outside Yukon, that are known to the panel from information provided to it or obtained by it under this Part;

(c) alternatives to the plan that would avoid or minimize any significant adverse environmental or socio-economic effects;

(d) mitigative measures and measures to compensate for any significant adverse effects;

(e) the need to protect the rights of Yukon Indian persons under final agreements, the special relationship between Yukon Indian persons and the wilderness environment of Yukon and the cultures, traditions, health and lifestyles of Yukon Indian persons and other residents of Yukon;

(f) the interests of residents of Yukon and Canadian residents outside Yukon;

(g) the capacity of any renewable resources that are likely to be significantly affected by the implementation of the plan to meet present and future needs; and

(h) the need for effects monitoring.

Other matters

(4) A panel of the Board conducting a review of a plan may take into consideration any other matter that it considers relevant.

Recommendations of panel

109. (1) On the completion of its review of a plan, a panel of the Board shall provide the originator with written recommendations, which may include a recommendation that the plan be implemented, with or without modifications, or that it not be implemented.

Copy

(2) A panel shall provide a copy of its recommendations to any minister, municipal government or first nation that requested or consented to the review.

Consideration to be given

(3) The originator of a plan shall give full and fair consideration to the recommendations provided to it by a panel and shall provide the Board with its reasons in writing for declining any of the recommendations.


Audits and Effects Monitoring

Recommendation for audit or monitoring of project

110. (1) When a designated office, the executive committee, a panel of the Board or a joint panel recommends to a decision body that a project be allowed to proceed, with or without terms and conditions, it may recommend that a project audit or that effects monitoring be conducted in respect of the project.

Results

(2) A decision body that accepts a recommendation for a project audit or effects monitoring shall provide the results of it to the designated office that made the recommendation or, in the case of a recommendation made by the executive committee, a panel of the Board or a joint panel, to the executive committee.

Advice to decision body

(3) After reviewing the results of any project audit or effects monitoring provided to it by a decision body, the designated office or executive committee may provide advice to the decision body on the basis of those results.

Request for audit or monitoring of existing project

111. (1) A request for a project audit or for effects monitoring of an existing project may be made by ministers and first nations to the extent that and in the manner in which a request for a review may be made under subsections 95(1) to (3).

Report of results

(2) The executive committee shall conduct a project audit or effects monitoring of an existing project where so requested, and shall make a report of the results to the minister or first nation that made or consented to the request, and may include recommendations in the report.

Consideration of report

(3) The federal minister, the territorial minister or a first nation shall give full and fair consideration to any recommendations of the executive committee.


Studies and Research

Request for studies or research

112. (1) At the request of the federal minister, or at the request of the territorial minister or a first nation and with the consent of the federal minister, or at the request of a first nation or the territorial minister and at its or his or her expense, the executive committee may undertake

(a) studies of environmental or socio-economic effects that are cumulative geographically or over time; or

(b) research into any aspect of the assessment of activities.

Agreement

(2) The executive committee may conclude agreements respecting the terms of reference, scope and scheduling of studies or research with the ministers and first nations that request or consent to them.

Report of executive committee

113. (1) The executive committee shall report the results of a study or of research undertaken under section 112 to the minister or first nation that requested or consented to it, and may include recommendations in the report.

Consideration of report

(2) The minister or first nation shall give full and fair consideration to any recommendations of the executive committee.


Violation of Decision Document

Recommendation by Board to decision body

114. (1) The Board may recommend to a decision body that a public hearing be held by the Board, or another body to be designated by the decision body, if the Board considers that any person or body has violated any of the provisions of a decision document issued by that decision body.

Hearing

(2) If a decision body accepts a recommendation made to it, the Board or the body designated by the decision body shall hold a public hearing with respect to the violation, and may make recommendations to the decision body for the disposition of the matter.

Response to recommendation

(3) A decision body shall respond with written reasons to any recommendation made to it.


Court Jurisdiction

Court reference by Board

115. At the request of a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, the Board may refer a question of law or jurisdiction arising in any proceedings under this Act to the Supreme Court of Yukon.

2003, c. 7, ss. 115, 133(E).

Previous VersionApplication for judicial review

116. Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Courts Act, the Attorney General of Canada, the territorial minister or anyone directly affected by the matter in respect of which relief is sought may make an application to the Supreme Court of Yukon for any relief against the Board, a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition.

2003, c. 7, ss. 116, 132.

Previous Version

Maintenance of Records and Public Access

Records of Board and designated offices

117. The Board and each designated office shall maintain

(a) a document indicating the boundaries of assessment districts and the location of the designated office for each assessment district;

(b) copies of any by-laws and rules that are in force under this Act;

(c) a record of the results of project audits and effects monitoring;

(d) reports of studies and research undertaken under section 112; and

(e) descriptions of any standard mitigative measures developed under section 37.

Records of Board

118. The Board shall maintain

(a) a register containing all documents that are produced, collected or received by the executive committee, panels of the Board and joint panels in relation to assessments, together with any documents provided to them under subsection 91(1);

(b) a list of the projects, existing projects, other activities and plans for which an assessment is pending before, or has been completed by, the designated offices, the executive committee, panels of the Board and joint panels, together with their location and stage of assessment; and

(c) a record of authorizations, grants of interest in land and provisions of financial assistance as reported to it pursuant to section 89.

Records of designated office

119. Each designated office shall maintain

(a) a register containing all documents that are produced, collected or received by it in relation to assessments and a copy of all documents referred to in paragraph 118(a) that relate to projects located in its assessment district, together with any documents provided to it under subsection 91(1); and

(b) a list of the projects, existing projects and plans in its assessment district for which assessments are pending or have been completed, together with their location and stage of assessment.

Public access

120. (1) Any person has the right to inspect the registers and records referred to in sections 117 to 119 during normal business hours.

Information kept

(2) The Board and the designated offices shall keep their registers and records in a manner that facilitates public access to them.

Information held in confidence

121. Notwithstanding any other provision of this Part, the executive committee, the designated offices, panels of the Board and decision bodies may not disclose

(a) traditional knowledge that is determined to be confidential under the applicable rules and that is provided in confidence to them for the purposes of this Act; or

(b) information to any person or body that a government institution, within the meaning of the Access to Information Act, would not be required to disclose pursuant to a request by that person or body under that Act, unless

(i) the provider of the information consents to its disclosure, and

(ii) the person or body is not required to disclose the information pursuant to a request under a territorial or first nation law, and agrees to keep the information confidential.


Regulations and Orders

Regulations of Governor in Council

122. The Governor in Council may, following consultation by the federal minister with the territorial minister and first nations, make regulations

(a) defining “resident” for the purposes of section 9, respecting proceedings for removal of a member from office under subsection 11(2) and determining which member is to be removed if more than one member changes residence during a given period;

(b) specifying any matter to be taken into consideration in the conduct of an assessment of a project or existing project, for the purposes of paragraph 42(1)(j);

(c) specifying the projects for which proposals are to be submitted to the executive committee under subsection 50(1);

(d) prescribing time periods for the purposes of subsection 75(1), 76(1) or 77(3);

(e) respecting the manner of consultation between decision bodies under subsection 78(1);

(f) specifying the types of plans that may be reviewed by a panel of the Board under subsection 105(1); and

(g) establishing a funding program to facilitate the participation of specified classes of persons or groups in reviews of projects.

Amendment of schedule

123. The Governor in Council may, by order, following consultation by the federal minister with the territorial minister and first nations,

(a) amend Part 1 of the schedule by adding to it the name of any body having power under a federal law, other than the Yukon Act, to issue authorizations whose terms and conditions are not subject to variation by the Governor in Council or a minister of the Crown;

(b) amend Part 2 of the schedule by adding to it the name of any body having the power under the Yukon Act to issue authorizations whose terms and conditions are not subject to variation by the Commissioner of Yukon or by a minister of the territorial government; or

(c) amend the schedule by deleting the name of any body.


Part 3. Transitional Provisions, Consequential And Coordinating Amendments And Commencement

Transitional Provisions

Application of EARP Guidelines Order

124. (1) The Environmental Assessment and Review Process Guidelines Order, approved by Order in Council P.C. 1984-2132 of June 21, 1984, and registered as SOR/84-467, continues to apply — to the exclusion of the provisions of this Act respecting projects — in respect of any proposal for a project that is, on the coming into force of Part 2 of this Act, before an environmental assessment panel established pursuant to that Order.

Application of EARP Guidelines Order

(2) The Order referred to in subsection (1) continues to apply — to the exclusion of the provisions of this Act respecting projects — in respect of any proposal for a project for which an environmental screening or initial assessment under that Order was commenced before the coming into force of Part 2 of this Act, but where such a proposal is referred to the Minister of the Environment for public review pursuant to section 20 of that Order, that Order ceases to apply and this Act applies in respect of the proposal as if that Minister had agreed to a request made by the executive committee under paragraph 61(1)(b) of this Act.

Application of Canadian Environmental Assessment Act

125. (1) Notwithstanding section 6, the Canadian Environmental Assessment Act continues to apply — to the exclusion of the provisions of this Act respecting projects — in respect of a proposal for a project that was referred, before the coming into force of Part 2 of this Act, to a mediator or a review panel pursuant to that Act.

Application of Canadian Environmental Assessment Act

(2) Notwithstanding section 6, the Canadian Environmental Assessment Act continues to apply — to the exclusion of the provisions of this Act respecting projects — in respect of a proposal for a project for which a screening or comprehensive study was commenced under that Act before the coming into force of Part 2 of this Act, but where the project is referred to a review panel pursuant to subsection 29(1) of that Act, that Act ceases to apply and section 63 of this Act applies as if the Minister of the Environment had agreed to a request made by the executive committee under paragraph 61(1)(b).

Pending applications to territorial agencies and first nations

126. (1) This Act does not apply in respect of a project for which, before the coming into force of Part 2, an application was made to a territorial agency under a territorial law, or to a first nation under a first nation law or the first nation’s final agreement, for the issuance of an authorization, the grant of an interest in land or the grant of financial assistance, unless

(a) the project becomes subject to this Act by virtue of subsection 124(2) or 125(2); or

(b) before the application is accepted, the territorial minister or the first nation, as the case may be, requires the applicant to submit a proposal under section 50.

Projects already initiated

(2) This Act does not apply in respect of any project that the territorial agency or first nation has initiated as proponent before the coming into force of Part 2 unless the project becomes subject to this Act by virtue of subsection 124(2) or 125(2).


Consequential Amendments

Access to Information Act

127. (Amendment)

128. (Amendment)


Privacy Act

129. (Amendment)


Yukon First Nations Self-Government Act

130. (Amendment)


Yukon Surface Rights Board Act

131. (Amendment)


Coordinating Amendments

132. (Amendment)

133. (Amendment)


Coming Into Force

Order of Governor in Council

Schedule

(Subsection 2(1) and section 123)


Part 1

Federal Independent Regulatory Agencies

National Energy Board

Office national de l’énergie


Part 2

Territorial Independent Regulatory Agencies


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