Yukon Environmental and Socio-economic Assessment Act (S.C. 2003, c. 7)

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.