Yukon and Nunavut Regulatory Improvement Act (S.C. 2015, c. 19)

Marginal note:Conclusion of screening

• 58. (1) The executive committee shall, within 16 months after the day on which a proposal is submitted to it under paragraph 50(1)(a) or referred to it under paragraph 56(1)(d), conclude its screening of the project by

  • (a) recommending 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) recommending 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, or is likely to have, significant adverse environmental or socio-economic effects in or outside Yukon that can be mitigated by those terms and conditions;

  • (c) recommending 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, or is likely to have, significant adverse environmental or socio-economic effects in or outside Yukon that cannot be mitigated; or

  • (d) requiring 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, or is likely to have, significant adverse environmental or socio-economic effects.

• Marginal note:Excluded period

  (1.1) If the executive committee requires the proponent of the project to provide or collect information or to undertake a study, the period that, in the executive committee’s opinion, is taken by the proponent to comply with the requirement is not included in the calculation of the time limit under subsection (1) or of its extension.

• Marginal note:Extension of time limit by federal minister

  (1.2) The federal minister may, at the request of the Board, extend the time limit referred to in subsection (1) by a maximum of two months to take into account circumstances that are specific to the proposal for a project.

• Marginal note:Extension of time limit by Governor in Council

  (1.3) The Governor in Council may, by order, on the recommendation of the federal minister, further extend the time limit any number of times by periods of any length.

Marginal note:Recommendation for non-referral rejected

59. If 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.

Marginal note:Requirement or request for review

• 61. (1) When the executive committee, under paragraph 58(1)(d), subsection 58(2) or section 59, 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; or

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

• Marginal note:Consideration of effects outside Yukon

  (2) When the executive committee, under paragraph 58(1)(d), subsection 58(2) or section 59, 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

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

• Marginal note:Response by Minister of the Environment

  (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).

• Marginal note:Determination by Minister of the Environment

  (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).

Marginal note:Response to request

62. The Minister of the Environment shall, within 30 days after receiving a request made under paragraph 61(1)(b), notify the executive committee whether he or she agrees to the request.

Marginal note:Time limit

• 66.1 (1) The executive committee shall establish a panel of the Board, and fix its terms of reference, within three months after the day on which it is required to do so under subsection 65(1) or (2).

• Marginal note:Excluded period

  (2) If the executive committee requires the proponent of the project to provide or collect information or to undertake a study, the period that, in the committee’s opinion, is taken by that proponent to comply with the requirement is not included in the calculation of the time limit under subsection (1) or of its extension.

• Marginal note:Extension of time limit by federal minister

  (3) The federal minister may, at the request of the executive committee, extend the time limit referred to in subsection (1) by a maximum of two months to take into account circumstances that are specific to the proposal for a project.

• Marginal note:Extension of time limit by Governor in Council

  (4) The Governor in Council may, by order, on the recommendation of the federal minister, further extend the time limit any number of times by periods of any length.

Marginal note:Agreement — coordination

• 66.2 (1) The executive committee may, with the approval of the federal minister, enter into an agreement with any authority that has powers, duties or functions in relation to reviewing the effects of that portion of the project that is to be carried out outside Yukon for the purpose of coordinating their reviews.

• Marginal note:Government of foreign state

  (2) The federal minister and the Minister of Foreign Affairs may, after consultation with the executive committee, enter into an agreement referred to in subsection (1) if the authority is a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government.

• Marginal note:For greater certainty

  (3) For greater certainty, the fact that a panel of the board is coordinating its review with another authority does not permit the panel to make a recommendation concerning the portion of the project to be carried out outside Yukon.