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

Act current to 2017-12-11 and last amended on 2015-06-18. Previous Versions

Marginal note:Commencement of panel review
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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, 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; or

    • (c) the project not be allowed to proceed, 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.

  • Marginal note:Time limit — panel of the Board

    (4.1) A panel of the Board shall make the recommendations referred to in subsection (4) within 15 months after the day on which the panel is established under subsection 65(1) or (2).

  • Marginal note:Excluded period

    (4.2) If a panel of the Board requires the proponent of the project to provide or collect information or to undertake a study, the period that, in the panel’s opinion, is taken by the proponent to comply with the requirement is not included in the calculation of the time limit under subsection (4.1) or of its extension.

  • Marginal note:Extension of time limit by federal minister

    (4.3) The federal minister may, at the request of the Board, extend the time limit referred to in subsection (4.1) by a maximum of two months to take into account circumstances that are specific to a proposal for a project.

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

    (4.4) 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: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.

  • 2003, c. 7, s. 72;
  • 2015, c. 19, s. 23.

 [Repealed, 2015, c. 19, s. 24]

Consideration of Recommendations and Issuance of Decision Documents

Marginal note:Consideration of accompanying information
  •  (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.

  • Marginal note: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.

Marginal note:Decision on recommendation from designated office or joint panel

 If a designated office or a joint panel 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.

  • 2003, c. 7, s. 75;
  • 2015, c. 19, s. 25.
Marginal note:Decision on recommendation from executive committee or panel of Board
  •  (1) Subject to section 59, if 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.

  • Marginal note: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).

  • Marginal note: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.

  • 2003, c. 7, s. 76;
  • 2015, c. 19, s. 26.
Marginal note:Reconsideration on referral back
  •  (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.

  • Marginal note:Time limits

    (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, which is not to exceed 60 days for a screening by the executive committee or 90 days for a review by a panel of the Board. If it does not make such a recommendation, it is deemed to have made the same recommendation that it made at the conclusion of its screening or review.

  • Marginal note: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.

  • 2003, c. 7, s. 77;
  • 2015, c. 19, s. 27.
Marginal note:Consultation between decision bodies
  •  (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.

  • Marginal note:Consolidation of decision documents

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

Marginal note:Mining interest on settlement lands

 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.

Marginal note:Decision body’s reasons
 
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