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:Distribution of decision documents
  •  (1) A decision body shall provide copies of a decision document to

    • (a) every other decision body for the project;

    • (b) the proponent of the project;

    • (c) the designated office in whose assessment district the project is proposed to be undertaken;

    • (d) the executive committee, if the recommendation to the decision body was made by the executive committee, a panel of the Board or a joint panel;

    • (e) [Repealed, 2015, c. 19, s. 28]

    • (f) any independent regulatory agency from which an authorization is required, or to which an application is made for financial assistance, to enable the project to be undertaken;

    • (g) the Yukon Surface Rights Board, if an access order is required for the project under the Yukon Surface Rights Board Act;

    • (h) a body established by territorial law and having jurisdiction in relation to rights in respect of waters, if the grant of rights from that body is required for the project under territorial law; and

    • (i) any other person or body that is required to implement the decision document under subsection 82(2), 83(2) or 84(2) or (3).

  • Marginal note:Decision not in conformity with land use plan

    (2) If a decision document allows a project to be undertaken not in conformity with a regional land use plan referred to in section 44, the decision body shall provide a copy of the decision document to the planning commission and to any person or body that approved the plan.

  • 2003, c. 7, ss. 81, 133;
  • 2015, c. 19, s. 28.

Implementation of Decision Documents

Marginal note:Federal agencies
  •  (1) A federal agency that is a decision body for a project shall not undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until it has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken.

  • Marginal note:Implementing decision document

    (2) Notwithstanding the limitations in any other federal law, a federal agency undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by it in respect of the project.

Marginal note:Territorial agencies and municipal governments
  •  (1) Where the territorial minister is a decision body for a project, no territorial agency or municipal government shall undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until the territorial minister has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken.

  • Marginal note:Implementing decision document

    (2) To the extent of its authority under the Yukon Act, territorial laws or municipal by-laws, every territorial agency and every municipal government undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by the territorial minister in respect of the project.

Marginal note:First nations
  •  (1) A first nation that is a decision body for a project shall not undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until it has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken.

  • Marginal note:Implementing decision document

    (2) To the extent of its authority under the Yukon First Nations Self-Government Act, first nation laws or its final agreement, a first nation undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by it in respect of the project.

  • Marginal note:Decision document relating to mines

    (3) Notwithstanding subsection (2), if a project involves a right to work mines and minerals in category B or fee simple settlement land or Tetlit Gwich’in Yukon land, a first nation taking any action that enables the project to be undertaken shall implement

    • (a) a decision document issued in respect of the project by the territorial minister to the extent that it is inconsistent with the first nation’s decision document, where the Commissioner of Yukon has the administration and control of those mines and minerals; or

    • (b) a decision document issued in respect of the project by a federal agency to the extent that it is inconsistent with the first nation’s decision document, where the federal agency has the administration of those mines and minerals.

Marginal note:Interpretation

 The obligation to implement decision documents under subsections 82(2), 83(2) and 84(2) and (3) does not require the making of any regulation, municipal by-law, first nation law or other law.

Marginal note:Water licences

 A body established by territorial law and having jurisdiction in relation to rights in respect of waters may not, under territorial law,

  • (a) grant or renew rights in respect of waters contrary to a decision document issued by a federal agency or a decision document that is to be implemented by a territorial agency, municipal government or first nation under subsection 83(2) or 84(2) or (3); or

  • (b) set terms of such rights that conflict with such a decision document, to the extent that the decision document is required to be implemented by a federal agency or a territorial agency, municipal government or first nation.

  • 2003, c. 7, ss. 86, 133.
Marginal note:Federal independent regulatory agencies
  •  (1) A federal independent regulatory agency shall not require that a project be undertaken or take any action that enables a project to be undertaken until every federal decision body for the project and, in the case of the National Energy Board, the territorial minister has issued a decision document in respect of the project under section 75, 76 or 77.

  • Marginal note:Conformity with decision document

    (2) A federal independent regulatory agency, other than the National Energy Board, shall

    • (a) when it requires that a project be undertaken or takes any action that enables a project to be undertaken, endeavour to the extent practicable to implement any decision document issued by a federal decision body; and

    • (b) when it issues an authorization that enables a project to be undertaken, endeavour to the extent practicable to make the authorization conform with any decision document issued by a federal decision body, and provide written reasons to that decision body for any want of conformity.

  • Marginal note:National Energy Board

    (3) The National Energy Board shall

    • (a) when it requires that a project be undertaken or provides financial assistance for a project, take into consideration any decision document issued by a federal decision body or the territorial minister; and

    • (b) when it issues an authorization to enable a project to be undertaken, take into consideration any decision document issued by a federal decision body or the territorial minister and provide written reasons to the decision body or the minister for any want of conformity.

Marginal note:Territorial independent regulatory agencies
  •  (1) A territorial independent regulatory agency shall not require that a project be undertaken, or take any action that enables a project to be undertaken, until the territorial minister has issued a decision document in respect of the project under section 75, 76 or 77.

  • Marginal note:Conformity with decision document

    (2) A territorial independent regulatory agency shall

    • (a) when it requires that a project be undertaken or takes any action that enables a project to be undertaken, endeavour to the extent practicable to implement any decision document issued by the territorial minister; and

    • (b) when it issues an authorization that enables a project to be undertaken, endeavour to the extent practicable to make the authorization conform with any decision document issued by the territorial minister, and provide written reasons to the minister for any want of conformity.

Marginal note:For greater certainty

 For greater certainty, an independent regulatory agency, a government agency or a first nation may impose, to the extent of its jurisdiction and authority to do so, terms and conditions that are in addition to, or more stringent than, those referred to in the decision documents.

  • 2015, c. 19, s. 29.
Marginal note:Notice of actions taken following decision

 Following the issuance of a decision document allowing a project to be undertaken, every government agency, municipal government, independent regulatory agency and first nation shall notify the Board whenever it

  • (a) issues any authorization required for the project to be undertaken, or amends or revokes that authorization;

  • (b) grants any interest in land required for the project to be undertaken, or modifies or withdraws that interest; or

  • (c) provides any financial assistance that enables the project to be undertaken, or alters or cancels that assistance.

 
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