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

Act current to 2018-07-05 and last amended on 2017-12-14. Previous Versions

Marginal note:Reappointment

 The Chairperson, a member of the executive committee or any other member of the Board is eligible to be reappointed to the Board in the same or a different capacity.

Marginal note:Conflict of interest
  •  (1) A member of the Board may not participate in any business of the Board, the executive committee or a panel of the Board, if doing so would place the member in a material conflict of interest.

  • Marginal note:Yukon Indian persons

    (2) A member is not in a material conflict of interest solely by virtue of being a Yukon Indian person.

Marginal note:Remuneration
  •  (1) Each member of the Board shall be paid the fees or other remuneration that is fixed by the federal minister.

  • Marginal note:Expenses

    (2) Each member is entitled to be reimbursed for any travel and living expenses incurred by the member in the course of performing duties under this Act, while absent from the member’s ordinary place of residence, that are consistent with directives of the Treasury Board.

  • Marginal note:Benefits

    (3) The members of the Board and its employees are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

  • 2003, c. 7, s. 14, c. 22, s. 277(E).
Marginal note:Quorum
  •  (1) A quorum of the Board consists of a majority of the members holding office or three members, whichever is greater.

  • Marginal note:Telephone or other communications

    (2) Subject to the rules and by-laws, participation in a meeting of the Board, the executive committee or a panel of the Board may be by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a person so participating is deemed to be present at the meeting.

Marginal note:Property and contracts
  •  (1) The Board may, for the purposes of conducting the business of the Board and of designated offices in accordance with the approved budget of the Board, acquire property in its own name, dispose of such property and enter into contracts in the name of the Board.

  • Marginal note:Legal proceedings

    (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Board may be brought or taken by or against the Board in its own name in any court that would have jurisdiction if the Board were a corporation.

Marginal note:Staff and advisers

 The Board may, in accordance with the approved budget of the Board, employ any officers and employees and engage the services of any agents, advisers and consultants that are necessary for the proper conduct of the business of the Board and of designated offices, fix the terms and conditions of their employment or engagement and pay their remuneration.

Marginal note:Indemnification

 The members and employees of the Board shall be indemnified by the Board against all damages awarded against them, any settlement paid by them with the approval of the federal minister and all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members or employees, if those functions were performed honestly and in good faith with a view to the best interests of the Board.

Marginal note:Main office

 The main office of the Board shall be at Whitehorse or at any other place in Yukon that may be designated by the Governor in Council.

Assessment Districts and Designated Offices

Marginal note:Assessment districts
  •  (1) Following consultation by the federal minister with the territorial minister and the first nations, and in accordance with any agreement that may be concluded by those ministers with the first nations, the federal minister shall, by order, establish six contiguous assessment districts that together constitute the whole of Yukon.

  • Marginal note:Change in number of districts

    (2) Where the Board recommends, on the basis of operational requirements, a change in the number of contiguous assessment districts that constitute Yukon, the federal minister shall, by order, change the number of assessment districts in accordance with the Board’s recommendation, following consultation with the territorial minister and the first nations, or else provide written reasons to the Board for rejecting the recommendation.

Marginal note:Alteration of boundaries
  •  (1) The Board may, by order, alter the boundary between adjacent assessment districts, and shall do so where the federal minister changes the number of assessment districts.

  • Marginal note:Consultation

    (2) Before altering the boundaries of assessment districts, the Board shall consult the designated offices for those assessment districts as well as the federal minister, the territorial minister, the Council and any first nation whose territory falls wholly or partly within those districts, and shall seek the views of residents and municipal governments of the communities located in those districts.

  • Marginal note:Statutory Instruments Act

    (3) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of an order altering boundaries, but the Board shall publish a notice of the order in the Canada Gazette, in a periodical that, in the Board’s opinion, has a large circulation in Yukon and, if any part of the affected assessment districts falls within the territory of the Tetlit Gwich’in, in a periodical distributed in the Gwich’in Settlement Area referred to in the Gwich’in Agreement.

Marginal note:Designated offices in named communities
  •  (1) The federal minister shall name a community in each assessment district as the site of an office to be maintained by the Board and known as the designated office for that assessment district.

  • Marginal note:Change of designated community

    (2) Before any change is made in the community named as the site of a designated office for an assessment district, the federal minister shall consult the territorial minister, the Council and any first nation whose territory falls wholly or partly within that district, and shall seek the views of residents and municipal governments of the communities located in that district.

  • Marginal note:Notice

    (3) The federal minister shall publish a notice of the selection of a community, or of any change in the selection, in the Canada Gazette, in a periodical that, in the federal minister’s opinion, has a large circulation in Yukon and, if any part of the affected assessment district falls within the territory of the Tetlit Gwich’in, in a periodical distributed in the Gwich’in Settlement Area referred to in the Gwich’in Agreement.

Marginal note:Staff
  •  (1) The staff of each designated office shall be composed of employees of the Board assigned to that office by the Board.

  • Marginal note:Powers in relation to evaluations

    (2) The Board shall authorize one or more members of the staff to exercise the powers of the designated office relating to evaluations, and those persons may delegate any of those powers to another member of the staff.

Marginal note:Conflict of interest
  •  (1) A member of the staff of a designated office may not participate in any business of that office if doing so would place the member in a material conflict of interest.

  • Marginal note:Yukon Indian persons

    (2) A member of the staff is not in a material conflict of interest solely by virtue of being a Yukon Indian person.

Marginal note:Contracts and facilities

 The Board shall, at the request of a designated office but in accordance with the approved budget of the Board, procure services required by that office and make property and facilities available to it.

Budgets and Reporting

Marginal note:Budgets of designated offices

 Each designated office shall annually, after consultation with any first nation whose territory falls wholly or partly within its assessment district, prepare and submit a budget for the ensuing fiscal year to the Board.

Marginal note:Budget of Board
  •  (1) The Board shall submit annually to the federal minister its budget for the ensuing fiscal year, which shall incorporate the budgets of the designated offices as submitted by them or as varied by the Board.

  • Marginal note:Approval of budget

    (2) The federal minister may approve the budget as submitted by the Board, or with any variations that the federal minister may make after seeking the views of the Board, the territorial minister and the Council.

  • Marginal note:Funding for languages and training

    (3) The Board shall consider including in its annual budget funding in order to enable its members and employees to carry out their functions in their traditional languages and in order to provide its members and employees with training, including cross-cultural orientation and education, for the purpose of improving their ability to carry out their duties.

 
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