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

Act current to 2017-08-27 and last amended on 2015-06-18. Previous Versions

Marginal note:Consultation

 Where, in relation to any matter, a reference is made in this Act to consultation, the duty to consult shall be exercised

  • (a) by providing, to the party to be consulted,

    • (i) notice of the matter in sufficient form and detail to allow the party to prepare its views on the matter,

    • (ii) a reasonable period for the party to prepare its views, and

    • (iii) an opportunity to present its views to the party having the duty to consult; and

  • (b) by considering, fully and fairly, any views so presented.

Marginal note:Final agreement prevails

 In the event of an inconsistency or conflict between a final agreement and this Act, the agreement prevails to the extent of the inconsistency or conflict.

General

Marginal note:Effect of Act
  •  (1) This Act gives effect to provisions of the Umbrella Final Agreement respecting assessment of environmental and socio-economic effects.

  • Marginal note:Purposes of Act

    (2) The purposes of this Act are

    • (a) to provide a comprehensive, neutrally conducted assessment process applicable in Yukon;

    • (b) to require that, before projects are undertaken, their environmental and socio-economic effects be considered;

    • (c) to protect and maintain environmental quality and heritage resources;

    • (d) to protect and promote the well-being of Yukon Indian persons and their societies and Yukon residents generally, as well as the interests of other Canadians;

    • (e) to ensure that projects are undertaken in accordance with principles that foster beneficial socio-economic change without undermining the ecological and social systems on which communities and their residents, and societies in general, depend;

    • (f) to recognize and, to the extent practicable, enhance the traditional economy of Yukon Indian persons and their special relationship with the wilderness environment;

    • (g) to guarantee opportunities for the participation of Yukon Indian persons — and to make use of their knowledge and experience — in the assessment process;

    • (h) to provide opportunities for public participation in the assessment process;

    • (i) to ensure that the assessment process is conducted in a timely, efficient and effective manner that avoids duplication; and

    • (j) to provide certainty to the extent practicable with respect to assessment procedures, including information requirements, time limits and costs to participants.

Marginal note:Non-application

 The Canadian Environmental Assessment Act, 2012 does not apply in Yukon.

  • 2003, c. 7, s. 6;
  • 2015, c. 19, s. 2.
Marginal note:Delegation to territorial Minister
  •  (1) The federal minister may delegate, in writing, to the territorial minister all or any of the federal minister’s powers, duties or functions under this Act, either generally or as otherwise provided in the instrument of delegation.

  • Marginal note:Notice

    (2) The federal minister must notify the first nations in writing of any such delegation.

  • 2015, c. 19, s. 2.
Marginal note:Delegation by territorial minister

 The territorial minister may authorize a territorial agency or an employee of a territorial agency to carry out any of that minister’s functions under this Act.

PART 1Yukon Environmental and Socio-economic Assessment Board and Designated Offices

Yukon Environmental and Socio-economic Assessment Board

Marginal note:Board established
  •  (1) The Yukon Environmental and Socio-economic Assessment Board is hereby established, consisting of

    • (a) an executive committee of three persons;

    • (b) four other members; and

    • (c) an even number of additional members that may be fixed from time to time by the federal minister following consultation with the territorial minister and the first nations.

  • Marginal note:Appointment by federal minister

    (2) The federal minister shall appoint the members of the Board after seeking the views of the Minister of the Environment.

  • Marginal note:Executive committee

    (3) One member of the executive committee referred to in paragraph (1)(a) shall be appointed on the nomination of the Council, another on the nomination of the territorial minister and the third, being the Chairperson of the Board, following consultation by the federal minister with the other two members.

  • Marginal note:Other members

    (4) Of the four members of the Board referred to in paragraph (1)(b), two shall be appointed on the nomination of the Council and one on the nomination of the territorial minister.

  • Marginal note:Additional members

    (5) If additional members of the Board are to be appointed pursuant to paragraph (1)(c), one-half shall be appointed on the nomination of the Council and one-half following consultation by the federal minister with the territorial minister.

  • Marginal note:Consultation of first nations

    (6) The Council shall consult the first nations before nominating a person to the Board.

  • 2003, c. 7, s. 8;
  • 2015, c. 19, s. 3.
Marginal note:Residence of Chairperson
  •  (1) The Chairperson of the Board must be a resident of Yukon.

  • Marginal note:Residency of majorities

    (2) A majority of the members appointed on the nomination of the Council, as well as a majority of the other members excluding the Chairperson, must be residents of Yukon.

Marginal note:Term of office
  •  (1) Subject to subsections (2) and (3), a member of the Board shall be appointed to hold office for a term of three years.

  • Marginal note:Term of first members

    (2) The first members appointed under subsections 8(3) and (4) on the nomination of the Council or the territorial minister shall be appointed for the term, not exceeding three years, specified by the Council or territorial minister when making the nomination, and the other first members shall be appointed for the term, not exceeding three years, specified by the federal minister.

  • Marginal note:Vacancy

    (3) In the event of a vacancy occurring during a member’s term of office, the federal minister may, subject to the requirements of sections 8 and 9 applicable to the appointment of that member, appoint another person to fill the vacancy for the remainder of the term.

  • Marginal note:Acting after expiry of term

    (4) If a member is a member of the executive committee or of a panel of the Board and, while that committee or panel is conducting a screening or review of a project, their term expires before a decision document is issued by each decision body to whom the committee or panel has made a recommendation in respect of that project, they may — in accordance with the by-laws of the Board or, in the absence of an applicable by-law, the direction of the Chairperson — continue to perform their functions in relation to that screening or review until those decision documents are issued. For the purpose of the appointment of a replacement, the member’s office is considered to be vacant as soon as their term expires.

  • 2003, c. 7, s. 10;
  • 2015, c. 19, s. 4.
Marginal note:Tenure
  •  (1) A member of the Board holds office during good behaviour but may be removed by the federal minister for cause or on any other ground set out in the by-laws of the Board.

  • Marginal note:Loss of resident status

    (2) The federal minister shall remove a member from office, in conformity with the regulations, if the federal minister determines that, because of a change in that member’s place of residence, the requirements of section 9 are no longer met.

  • Marginal note:Consultation by federal minister

    (3) Before a member nominated by the Council or the territorial minister is removed from office, the federal minister shall consult the Council or the territorial minister, as the case may be.

  • Marginal note:Acting after removal of member

    (4) If a member is a member of the executive committee or of a panel of the Board and, while that committee or panel is conducting a screening or review of a project, they are removed from office under subsection (2) before a decision document is issued by each decision body to whom the committee or panel has made a recommendation in respect of that project, they may — in accordance with the by-laws of the Board or, in the absence of an applicable by-law, the direction of the Chairperson — continue to perform their functions in relation to that screening or review until those decision documents are issued. For the purpose of the appointment of a replacement, the member’s office is considered to be vacant as soon as they are removed from office.

  • 2003, c. 7, s. 11;
  • 2015, c. 19, s. 5.
 
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