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

Regulations and Orders

Marginal note:Regulations of Governor in Council

 The Governor in Council may, following consultation by the federal minister with the territorial minister and first nations, make regulations

  • (a) defining resident for the purposes of section 9, respecting proceedings for removal of a member from office under subsection 11(2) and determining which member is to be removed if more than one member changes residence during a given period;

  • (b) specifying any matter to be taken into consideration in the conduct of an assessment of a project or existing project, for the purposes of paragraph 42(1)(j);

  • (c) specifying the projects for which proposals are to be submitted to the executive committee under subsection 50(1);

  • (d) prescribing periods for the purposes of section 75 or subsection 76(1) or 77(3);

  • (e) respecting the manner of consultation between decision bodies under subsection 78(1);

  • (f) specifying the types of plans that may be reviewed by a panel of the Board under subsection 105(1); and

  • (g) establishing a funding program to facilitate the participation of specified classes of persons or groups in reviews of projects.

  • 2003, c. 7, s. 122;
  • 2015, c. 19, s. 35.
Marginal note:Power of Governor in Council

 The Governor in Council may, following consultation by the federal minister with the territorial minister, first nations, the Council and the Board, make regulations respecting the recovery of costs for the purposes of section 93.1, including prescribing amounts and services for that section and exempting any class of proponents or class of projects from the application of that section.

  • 2015, c. 19, s. 36.
Marginal note:Amendment of schedule

 The Governor in Council may, by order, following consultation by the federal minister with the territorial minister and first nations,

  • (a) amend Part 1 of the schedule by adding to it the name of any body having power under a federal law, other than the Yukon Act, to issue authorizations whose terms and conditions are not subject to variation by the Governor in Council or a minister of the Crown;

  • (b) amend Part 2 of the schedule by adding to it the name of any body having the power under the Yukon Act to issue authorizations whose terms and conditions are not subject to variation by the Commissioner of Yukon or by a minister of the territorial government; or

  • (c) amend the schedule by deleting the name of any body.

  • 2003, c. 7, s. 123;
  • 2015, c. 19, s. 37(F).

PART 3Transitional Provisions, Consequential and Coordinating Amendments and Commencement

Transitional Provisions

Marginal note:Application of EARP Guidelines Order
  •  (1) The Environmental Assessment and Review Process Guidelines Order, approved by Order in Council P.C. 1984-2132 of June 21, 1984, and registered as SOR/84-467, continues to apply — to the exclusion of the provisions of this Act respecting projects — in respect of any proposal for a project that is, on the coming into force of Part 2 of this Act, before an environmental assessment panel established pursuant to that Order.

  • Marginal note:Application of EARP Guidelines Order

    (2) The Order referred to in subsection (1) continues to apply — to the exclusion of the provisions of this Act respecting projects — in respect of any proposal for a project for which an environmental screening or initial assessment under that Order was commenced before the coming into force of Part 2 of this Act, but where such a proposal is referred to the Minister of the Environment for public review pursuant to section 20 of that Order, that Order ceases to apply and this Act applies in respect of the proposal as if that Minister had agreed to a request made by the executive committee under paragraph 61(1)(b) of this Act.

Marginal note:Application of Canadian Environmental Assessment Act
  •  (1) Notwithstanding section 6, the Canadian Environmental Assessment Act continues to apply — to the exclusion of the provisions of this Act respecting projects — in respect of a proposal for a project that was referred, before the coming into force of Part 2 of this Act, to a mediator or a review panel pursuant to that Act.

  • Marginal note:Application of Canadian Environmental Assessment Act

    (2) Notwithstanding section 6, the Canadian Environmental Assessment Act continues to apply — to the exclusion of the provisions of this Act respecting projects — in respect of a proposal for a project for which a screening or comprehensive study was commenced under that Act before the coming into force of Part 2 of this Act, but where the project is referred to a review panel pursuant to subsection 29(1) of that Act, that Act ceases to apply and section 63 of this Act applies as if the Minister of the Environment had agreed to a request made by the executive committee under paragraph 61(1)(b).

Marginal note:Pending applications to territorial agencies and first nations
  •  (1) This Act does not apply in respect of a project for which, before the coming into force of Part 2, an application was made to a territorial agency under a territorial law, or to a first nation under a first nation law or the first nation’s final agreement, for the issuance of an authorization, the grant of an interest in land or the grant of financial assistance, unless

    • (a) the project becomes subject to this Act by virtue of subsection 124(2) or 125(2); or

    • (b) before the application is accepted, the territorial minister or the first nation, as the case may be, requires the applicant to submit a proposal under section 50.

  • Marginal note:Projects already initiated

    (2) This Act does not apply in respect of any project that the territorial agency or first nation has initiated as proponent before the coming into force of Part 2 unless the project becomes subject to this Act by virtue of subsection 124(2) or 125(2).

Consequential Amendments

Access to Information Act

 [Amendment]

 [Amendment]

Privacy Act

 [Amendment]

Yukon First Nations Self-Government Act

 [Amendment]

Yukon Surface Rights Board Act

 [Amendment]

Coordinating Amendments

 [Amendment]

 [Amendment]

Coming Into Force

Marginal note:Order of Governor in Council

Footnote * Section 6, Part 2 and sections 124 to 126 and 131 come into force eighteen months after the day on which this Act receives royal assent or on any earlier day that may be fixed by order of the Governor in Council.

  • Return to footnote *[Note: Act, except section 6, Part 2 and sections 124 to 126 and 131, in force on assent May 13, 2003; section 6, Part 2 and sections 124 to 126 and 131, in force November 13, 2004.]

 
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