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:Determination of scope

 A designated office or the executive committee shall determine the scope of a project to be assessed by it, and shall include within the scope of the project, in addition to any activity identified in the proposal, any other activity that it considers likely to be undertaken in relation to an activity so identified and sufficiently related to it to be included in the project.

Marginal note:Grouping of related projects

 A designated office or the executive committee shall assess as a single project two or more projects for which it has received proposals where it considers that the projects are so closely related as to be part of the same activity or where all the decision bodies for each of the projects have advised it that they consider the projects to be so related.

Marginal note:Evaluations by multiple designated offices

 An evaluation may be conducted, in the manner provided by the rules made under paragraph 31(2)(e), by two or more designated offices jointly or by one of them on behalf of the other or others, where

  • (a) a single project is located in two or more assessment districts; or

  • (b) a designated office considers projects located in two or more assessment districts to be closely related.

Marginal note:Withdrawal of project
  •  (1) A proponent that intends not to proceed with a project shall give notice to that effect to any body that has conducted or is conducting an assessment of the project and to any decision body that is considering recommendations relating to the project.

  • Marginal note:Discontinuance

    (2) Any assessment of a project conducted by a body that is notified under subsection (1), and any consideration of a recommendation made in respect of the project by a decision body notified under that subsection, shall be discontinued.

Evaluation of Projects by Designated Offices

Marginal note:Preliminary determinations
  •  (1) Where a proposal for a project is submitted to a designated office under paragraph 50(1)(b), the designated office shall

    • (a) consider whether the applicable rules have, in its opinion, been complied with and notify the proponent accordingly; and

    • (b) determine whether the project will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation.

  • Marginal note:Evaluation by designated office

    (2) A designated office shall commence the evaluation of a project as soon as possible after it notifies the proponent affirmatively under paragraph (1)(a).

  • Marginal note:Information and views

    (3) A designated office may seek any information or views that it believes relevant to its evaluation.

  • Marginal note:Information and views

    (4) Before making a recommendation under any of paragraphs 56(1)(a) to (c), a designated office shall seek views about the project, and information that it believes relevant to the evaluation, from any first nation identified under paragraph (1)(b) and from any government agency, independent regulatory agency or first nation that has notified the designated office of its interest in the project or in projects of that kind.

Marginal note:Conclusion of evaluation
  •  (1) A designated office shall, within nine months after the day on which a proposal is submitted to it under paragraph 50(1)(b), conclude its evaluation of the project by

    • (a) recommending to the decision bodies for the project that the project be allowed to proceed, if it determines that the project will not have significant adverse environmental or socio-economic effects in or outside Yukon;

    • (b) recommending to those decision bodies that the project be allowed to proceed, subject to specified terms and conditions, if it determines that the project will have, or is likely to have, significant adverse environmental or socio-economic effects in or outside Yukon that can be mitigated by those terms and conditions;

    • (c) recommending to those decision bodies that the project not be allowed to proceed, if it determines that the project will have, or is likely to have, significant adverse environmental or socio-economic effects in or outside Yukon that cannot be mitigated; or

    • (d) referring the project to the executive committee for a screening, if, after taking into account any mitigative measures included in the project proposal, it cannot determine whether the project will have, or is likely to have, significant adverse environmental or socio-economic effects.

  • Marginal note:Excluded period

    (1.1) If the designated office requires the proponent of the project to provide or collect information or to undertake a study, the period that, in the designated office’s opinion, is taken by the proponent to comply with the requirement is not included in the calculation of the time limit under subsection (1) or of its extension.

  • Marginal note:Extension of time limit by federal minister

    (1.2) The federal minister may, at the request of the Board, extend the time limit referred to in subsection (1) by a maximum of two months to take into account circumstances that are specific to the proposal for a project.

  • Marginal note:Extension of time limit by Governor in Council

    (1.3) The Governor in Council may, by order, on the recommendation of the federal minister, further extend the time limit any number of times by periods of any length.

  • Marginal note:Notification

    (2) A recommendation under any of paragraphs (1)(a) to (c) shall be made in writing with reasons and a copy provided to the proponent.

  • Marginal note:Notice of reasons for referral

    (3) The designated office shall provide written reasons for a referral under paragraph (1)(d) to the proponent, to any first nation identified under paragraph 55(1)(b) and to any government agency, independent regulatory agency or first nation that has notified the designated office of its interest in the project or in projects of that kind.

  • Marginal note:Revised proposal

    (4) Following receipt of the reasons for referral, the proponent shall submit a revised proposal to the executive committee that takes into account the matters referred to in paragraphs 42(1)(b), (c) and (e) to (h).

  • Marginal note:Documentation

    (5) Where a designated office refers a project to the executive committee, it shall provide the executive committee with copies of its documentation relating to the project.

  • 2003, c. 7, s. 56;
  • 2015, c. 19, s. 16.

Screening of Projects by Executive Committee

Marginal note:Preliminary determination
  •  (1) Where a proposal for a project is submitted or referred to the executive committee under paragraph 50(1)(a) or 56(1)(d), the executive committee shall consider whether the applicable rules have, in its opinion, been complied with and notify the proponent accordingly.

  • Marginal note:Screening by executive committee

    (2) The executive committee shall commence a screening of a project as soon as possible after it notifies the proponent affirmatively under subsection (1) and advises the proponent that, in its opinion, the proponent has in its proposal taken into consideration the matters referred to in paragraphs 42(1)(b), (c) and (e) to (h) and has consulted first nations and the residents of communities in accordance with subsection 50(3).

  • Marginal note:Information and views

    (3) The executive committee may seek any information or views that it believes relevant to its screening.

  • Marginal note:Information and views

    (4) Before making a recommendation under paragraph 58(1)(a), (b) or (c), the executive committee shall seek views about the project, and information that it believes relevant to the screening, from any first nation consulted under subsection 50(3) and from any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the project or in projects of that kind.

Marginal note:Conclusion of screening
  •  (1) The executive committee shall, within 16 months after the day on which a proposal is submitted to it under paragraph 50(1)(a) or referred to it under paragraph 56(1)(d), conclude its screening of the project by

    • (a) recommending to the decision bodies for the project that the project be allowed to proceed without a review, if it determines that the project will not have significant adverse environmental or socio-economic effects in or outside Yukon;

    • (b) recommending to those decision bodies that the project be allowed to proceed without a review, subject to specified terms and conditions, if it determines that the project will have, or is likely to have, significant adverse environmental or socio-economic effects in or outside Yukon that can be mitigated by those terms and conditions;

    • (c) recommending to those decision bodies that the project not be allowed to proceed and not be subject to a review, if it determines that the project will have, or is likely to have, significant adverse environmental or socio-economic effects in or outside Yukon that cannot be mitigated; or

    • (d) requiring a review of the project, if, after taking into account any mitigative measures included in the project proposal, it cannot determine whether the project will have, or is likely to have, significant adverse environmental or socio-economic effects.

  • Marginal note:Excluded period

    (1.1) If the executive committee requires the proponent of the project to provide or collect information or to undertake a study, the period that, in the executive committee’s opinion, is taken by the proponent to comply with the requirement is not included in the calculation of the time limit under subsection (1) or of its extension.

  • Marginal note:Extension of time limit by federal minister

    (1.2) The federal minister may, at the request of the Board, extend the time limit referred to in subsection (1) by a maximum of two months to take into account circumstances that are specific to the proposal for a project.

  • Marginal note:Extension of time limit by Governor in Council

    (1.3) The Governor in Council may, by order, on the recommendation of the federal minister, further extend the time limit any number of times by periods of any length.

  • Marginal note:Review required — other cases

    (2) Irrespective of any determination made under subsection (1), the executive committee shall require a review of the project if

    • (a) it determines, after taking into account any mitigative measures included in the project proposal, that the project might contribute significantly to cumulative adverse environmental or socio-economic effects in Yukon or that the project is causing or is likely to cause significant public concern in Yukon; or

    • (b) it determines that the project involves technology that is controversial in Yukon or the effects of which are unknown.

  • Marginal note:Notification

    (3) A recommendation under paragraph (1)(a), (b) or (c) shall be made in writing with reasons and a copy provided to the proponent.

  • Marginal note:Notice of reasons for review

    (4) Where the executive committee requires a review under paragraph (1)(d) or subsection (2), it shall provide written reasons for doing so to the proponent and any first nation consulted under subsection 50(3) as well as to any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the project or in projects of that kind.

  • 2003, c. 7, s. 58;
  • 2015, c. 19, s. 17.
 
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