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

Assented to 2003-05-13

Audits and Effects Monitoring

Marginal note:Recommendation for audit or monitoring of project
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Request for audit or monitoring of existing project
  •  (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).

  • Marginal note: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.

  • Marginal note: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

Marginal note:Request for studies or research
  •  (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.

  • Marginal note: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.

Marginal note:Report of executive committee
  •  (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.

  • Marginal note: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

Marginal note:Recommendation by Board to decision body
  •  (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.

  • Marginal note: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.

  • Marginal note:Response to recommendation

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

Court Jurisdiction

Marginal note:Court reference by Board

 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 the Yukon Territory.

Marginal note:Application for judicial review

 Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Court 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 the Yukon Territory 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.

Maintenance of Records and Public Access

Marginal note:Records of Board and designated offices

 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.

Marginal note:Records of Board

 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.

Marginal note:Records of designated office

 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.

 
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