Decision Body Time Periods and Consultation Regulations (SOR/2005-380)

Regulations are current to 2012-05-14

Decision Body Time Periods and Consultation Regulations

SOR/2005-380

YUKON ENVIRONMENTAL AND SOCIO-ECONOMIC ASSESSMENT ACT

Registration 2005-11-28

Decision Body Time Periods and Consultation Regulations

P.C. 2005-2200 2005-11-28

Whereas the Minister of Indian Affairs and Northern Development has consulted with the member of the Executive Council of Yukon designated by the Commissioner of Yukon as the territorial minister for the purposes of the Yukon Environmental and Socio-economic Assessment ActFootnote a, with the Gwich’in Tribal Council and with the Yukon First Nations, within the meaning of the Umbrella Final Agreement as defined in section 2 of the Yukon First Nations Land Claims Settlement ActFootnote b;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to paragraphs 122(d) and (e) of the Yukon Environmental and Socio-economic Assessment ActFootnote a, hereby makes the annexed Decision Body Time Periods and Consultation Regulations.

INTERPRETATION

1. The following definitions apply in these Regulations.

“Act”

“Act” means the Yukon Environmental and Socio-economic Assessment Act. (Loi)

“new recommendation”

“new recommendation” means a recommendation made or deemed to be made to a decision body under subsection 77(2) of the Act. (nouvelle recommandation)

“recommendation”

“recommendation” means a recommendation made under

  • (a) paragraph 56(1)(a), (b) or (c) of the Act by a designated office at the conclusion of an evaluation;

  • (b) paragraph 58(1)(a), (b) or (c) of the Act by the executive committee at the conclusion of a screening;

  • (c) subsection 72(4) of the Act by a panel of the Board or a joint panel at the conclusion of a review; or

  • (d) section 73 of the Act in the report of a review panel. (recommandation)

“review panel”

“review panel” means a review panel referred to in section 63 of the Act. (commission)

RECOMMENDATIONS OF A DESIGNATED OFFICE

2. For the purpose of subsection 75(1) of the Act, the period for issuing a decision document in respect of a recommendation made to a decision body by a designated office is 30 days after the date of the report that includes the recommendation.

RECOMMENDATIONS OF A JOINT PANEL OR REVIEW PANEL

3. For the purpose of subsection 75(1) of the Act, the period for issuing a decision document in respect of a recommendation made to a decision body by a joint panel or a review panel is 90 days after the date of the report that includes the recommendation.

RECOMMENDATIONS OF THE EXECUTIVE COMMITTEE OR A PANEL OF THE BOARD

  • 4. (1) For the purpose of paragraph 76(1)(a) of the Act, the period for issuing a decision document accepting a recommendation made to a decision body is

    • (a) 60 days after the date of the report that includes the recommendation, if the recommendation is made by the executive committee; and

    • (b) 90 days after the date of the report that includes the recommendation, if the recommendation is made by a panel of the Board.

  • (2) For the purpose of paragraph 76(1)(b) of the Act, the period for referring a recommendation made to a decision body back for reconsideration to the executive committee or a panel of the Board is 45 days after the date of the report that includes the recommendation.

NEW RECOMMENDATIONS OF THE EXECUTIVE COMMITTEE OR A PANEL OF THE BOARD

5. For the purpose of subsection 77(3) of the Act, the period for issuing a decision document in respect of a new recommendation made or deemed to have been made to a decision body is

  • (a) in the case of a new recommendation made or deemed to have been made by the executive committee, 30 days after

    • (i) the date of the report that includes the new recommendation, if the new recommendation is made rather than deemed to have been made, or

    • (ii) the last day of the period prescribed by rules made for the purpose of subsection 77(2) of the Act, if the new recommendation is deemed to have been made; and

  • (b) in the case of a new recommendation made or deemed to have been made by a panel of the Board, 60 days after

    • (i) the date of the report that includes the new recommendation, if the new recommendation is made rather than deemed to been have made, or

    • (ii) the last day of the period prescribed by rules made for the purpose of subsection 77(2) of the Act, if the new recommendation is deemed to have been made.