Yukon Environmental and Socio-economic Assessment Act

Version of section 65 from 2004-11-13 to 2015-06-17:

Marginal note:Establishment of panel
  •  (1) Except where an agreement is entered into under section 67, the executive committee shall establish a panel of the Board to conduct a review of a project where

    • (a) a request is made under section 60 for a form of review other than a public review;

    • (b) the Minister of the Environment does not direct the executive committee as provided in subsection 61(3), does not advise the executive committee as provided in subsection 61(4) or does not agree to a request as provided in subsection 62(1); or

    • (c) the Minister of the Environment refers the project back to the executive committee under section 64.

  • Marginal note:Failure to enter into agreement

    (2) The executive committee shall establish a panel of the Board to conduct a review of a project where, despite negotiations entered into under paragraph 61(1)(c) for the establishment of a joint panel, no agreement is concluded pursuant to section 67.

  • Marginal note:Determination by executive committee

    (3) Before a panel of the Board is established, the executive committee shall determine whether the project is likely to have significant adverse environmental or socio-economic effects primarily on settlement land or on non-settlement land.

  • Marginal note:Designation of members

    (4) The executive committee shall select the members of a panel of the Board for the review of a project from among the members of the Board, and shall designate one of them to be chairperson.

  • Marginal note:Composition of panels

    (5) A panel of the Board shall be constituted as follows:

    • (a) if the executive committee concludes under subsection (3) that effects are likely to occur primarily on settlement land, two thirds of the members of the panel must be members nominated to the Board by the Council and one third must be members, excluding the Chairperson of the Board, who are not so nominated;

    • (b) if the executive committee concludes under subsection (3) that effects are likely to occur primarily on non-settlement land, one third of the members of the panel must be members nominated to the Board by the Council and two thirds must be members, excluding the Chairperson of the Board, who are not so nominated; and

    • (c) in any other case, of the members of the panel other than its chairperson, one half must be members nominated to the Board by the Council and one half must be members who are not so nominated.

  • Marginal note:Attendance

    (6) Every member of a panel of the Board must be present at each meeting or hearing of the panel.

  • Marginal note:Vacancies

    (7) In the event of the absence or incapacity, or a vacancy in the office, of a member of a panel of the Board, the executive committee shall, in a manner consistent with the proportions set out in subsection (5),

    • (a) direct some or all of the remaining members of the panel to resume the review;

    • (b) appoint another member to the panel and direct the panel to resume or recommence the review; or

    • (c) appoint a new panel and direct the panel to recommence the review.

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