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

Projects on Yukon North Slope

Marginal note:Definitions
  •  (1) The following definitions apply in this section and section 91.

    Agreement

    convention

    Agreement means the Inuvialuit Final Agreement, given effect by the Western Arctic (Inuvialuit) Claims Settlement Act, chapter 24 of the Statutes of Canada, 1984, as it read on the date that the Yukon First Nations Land Claims Settlement Act came into force. (convention)

    Screening Committee and Review Board

    Bureau d’examen des répercussions environnementales et Comité d’étude des répercussions environnementales

    Screening Committee and Review Board mean the Environmental Impact Screening Committee and the Environmental Impact Review Board, respectively, established by section 11 of the Agreement. (Bureau d’examen des répercussions environnementales et Comité d’étude des répercussions environnementales)

    Yukon North Slope

    Versant nord du Yukon

    Yukon North Slope has the same meaning as in section 12 of the Agreement. (Versant nord du Yukon)

  • Marginal note:Additional consideration

    (2) In an assessment of a project located on the Yukon North Slope, a designated office, the executive committee or a panel of the Board shall take into consideration, in addition to the matters set out in subsections 42(1) to (3), the need to protect the rights of the Inuvialuit under the Agreement, and may take into consideration any matter that it considers relevant.

  • Marginal note:Recommendations re project

    (3) Where a recommendation is made by a designated office, the executive committee or a panel of the Board in respect of a project located on the Yukon North Slope, a copy of the recommendation including reasons shall be provided to the Screening Committee.

  • Marginal note:Reasons for panel review

    (4) Where the executive committee requires that a project located on the Yukon North Slope be reviewed by a panel of the Board, the executive committee shall provide its reasons for doing so to the Screening Committee.

Marginal note:Examination by Screening Committee or Review Board
  •  (1) When the Screening Committee or Review Board examines a project located on the Yukon North Slope, the competent government authority that receives its report or recommendation pursuant to the Agreement shall provide a copy of the authority’s response to the report or recommendation to the Board and to the designated office in whose assessment district the project is located.

  • Marginal note:Referral by Screening Committee to Review Board

    (2) Where a project located on the Yukon North Slope is referred to the Review Board by the Screening Committee,

    • (a) the provisions of this Part relating to assessments and decision documents cease to apply in respect of the project; and

    • (b) any panel of the Board already established to review the project shall provide the Review Board with copies of all documents relating to the project.

Collaboration and External Activities

Marginal note:Collaboration on projects
  •  (1) In the assessment of a project that forms part of an activity to be located wholly or partly in Yukon, a designated office or the executive committee shall collaborate, to the extent practicable, with any other body proposing to examine the activity’s environmental or socio-economic effects.

  • Marginal note:Adoption of report

    (2) Where a body referred to in subsection (1) issues a report of its examination, the designated office or the executive committee may, in lieu of all or part of its assessment of the project, adopt any portions of the report that, in its opinion, fulfil any of the requirements of this Act.

Marginal note:External activities affecting Yukon
  •  (1) At the request of the federal minister or the Minister of the Environment — or at the request of the territorial minister or a first nation and at their expense, unless the federal minister consents to the request — the executive committee may, in respect of an activity outside Yukon that, in its opinion, has or will have significant adverse environmental or socio-economic effects in Yukon,

    • (a) establish a panel of the Board to conduct a review of the activity, in accordance with an agreement entered into by the executive committee with the requesting minister or first nation; or

    • (b) participate in a consideration of the environmental and socio-economic effects of the activity conducted by a public body outside Yukon, in a manner specified in the request and accepted by that body.

  • Marginal note:Report by panel

    (2) A panel of the Board referred to in paragraph (1)(a) shall issue a report in relation to any significant adverse environmental or socio-economic effects of the activity to the proponent of the activity, the minister or first nation that requested the review and, if the federal minister consented to the request, the federal minister.

  • Marginal note:Response to Board

    (3) A minister or first nation that requests a review shall provide the Board with a written response to the report of a panel of the Board.

Cost Recovery

Marginal note:Proponent’s obligation to pay costs
  •  (1) In order for the federal minister to recover costs that are incurred in the course of a review of a project, the proponent of the project must pay to the federal minister

    • (a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the functions of the Board or its members or of members of a panel of the Board or a joint panel;

    • (b) any costs incurred by the Board for services that are prescribed by the regulations and that are provided to it by a third party; and

    • (c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal minister.

  • Marginal note:Limited period

    (2) For the purposes of subsection (1), the services, powers, duties or functions described in that subsection are limited to those provided, exercised or performed during the period that begins when the executive committee is required to establish a panel of the Board under subsection 65(1) or (2) and ends when a decision document is issued by each of the decision bodies to whom the panel of the Board or joint panel, as the case may be, made a recommendation in respect of the project.

  • Marginal note:Debt due to Her Majesty

    (3) The amounts and costs that the proponent must pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

  • 2015, c. 19, s. 30.

Existing Projects

Definition of administrative authority

  •  (1) In sections 95 to 101, administrative authority, in relation to a review of an existing project, means a government agency, an independent regulatory agency, a municipal government or a first nation that

    • (a) is the operator of the existing project,

    • (b) has the power to assume the operation of or to shut down the existing project, or

    • (c) has the power to amend, suspend or revoke an authorization that was issued, or to modify, suspend or withdraw an interest in land that was granted, to enable the existing project to be undertaken or completed,

    and includes the Governor in Council, if the Governor in Council has a power referred to in paragraph (b) or (c).

  • Definition of operator

    (2) In subsection (1) and sections 95 to 101, operator, in relation to an existing project, means the person or body responsible for its operation.

Marginal note:Request for panel review
  •  (1) The executive committee shall establish a panel of the Board to conduct a review of an existing project, of a proposed abandonment, decommissioning or temporary shutdown of an existing project, or of a proposed significant change to an existing project other than a change that is subject to assessment under any other provision of this Act,

    • (a) at the request of the federal minister, if there is an administrative authority for the existing project that is a federal agency or federal independent regulatory authority;

    • (b) at the request of the territorial minister, if there is an administrative authority for the existing project that is established by or under the Yukon Act; or

    • (c) at the request of a first nation and with the consent of

      • (i) the federal minister, and

      • (ii) the territorial minister, where a territorial agency, a municipal government or a territorial independent regulatory agency is an administrative authority for the existing project.

  • Marginal note:Joint request

    (2) A request for a review must be made jointly by the federal and territorial ministers if there are administrative authorities described in paragraphs (1)(a) and (b).

  • Marginal note:Consent of first nation

    (3) If a first nation is an administrative authority for an existing project, a request for a review by the federal or territorial minister may only be made with the first nation’s consent.

  • Marginal note:Form of review

    (4) A request for a review shall specify whether the review is to be a public review or some other form of review.

  • Marginal note:Discontinuance

    (5) If any minister or first nation that requested a review withdraws the request, the panel conducting the review shall discontinue it.

 
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