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

Assented to 2003-05-13

1994, c. 43Yukon Surface Rights Board Act

 Section 5 of the Yukon Surface Rights Board Act is renumbered as subsection 5(1) and is amended by adding the following:

  • Marginal note:Decision under Yukon Environmental and Socio-economic Assessment Act

    (2) The following prevail over an order of the Board respecting access, to the extent of any inconsistency or conflict between them:

    • (a) a decision document issued under section 75, 76 or 77 of the Yukon Environmental and Socio-economic Assessment Act by a federal agency that the federal agency is required to implement under subsection 82(2) of that Act;

    • (b) a decision document that is issued under those sections by the territorial minister, to the extent that a territorial agency or municipal government is required to implement it under subsection 83(2) of that Act; and

    • (c) a decision document that is issued under those sections by a first nation, to the extent that the first nation is required to implement it under subsections 84(2) and (3) of that Act.

Coordinating Amendments

Marginal note:Courts Administration Service Act and Yukon Act
  •  (1) If section 116 of this Act and section 14 of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, both come into force before section 40 of the Yukon Act, chapter 7 of the Statutes of Canada, 2002, then section 116 of this Act is replaced by the following on the later of the coming into force of that section and section 14 of the Courts Administration Service Act:

    Marginal note:Application 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 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.

  • (2) If section 116 of this Act and section 40 of the Yukon Act, chapter 7 of the Statutes of Canada, 2002, both come into force before section 14 of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, then section 116 of the English version of this Act is replaced by the following on the later of the coming into force of that section and section 40 of the Yukon Act:

    Marginal note:Application for judicial review

    116. 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 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.

  • (3) On the latest of the coming into force of section 116 of this Act, section 14 of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, and section 40 of the Yukon Act, chapter 7 of the Statutes of Canada, 2002, section 116 of this Act is replaced by the following:

    Marginal note:Application 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.