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

Regulations are current to 2017-09-27

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

 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

 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

 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

  •  (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

 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.

Extended Period if Consultation with First Nations Is Required

 If a decision body considering a recommendation is required under subsection 74(2) of the Act to consult a first nation, the period prescribed under a provision of these Regulations for the decision body to issue the decision document in respect of the recommendation is extended as follows:

  • (a) a prescribed period of 30 days or 45 days is extended by 7 days;

  • (b) a prescribed period of 60 days is extended by 21 days; and

  • (c) a prescribed period of 90 days is extended by 30 days.

Consultation Among Decision Bodies

 If there are two or more decision bodies for a project, the decision bodies must cooperate with each other to collectively determine the manner of consultation with one another under subsection 78(1) of the Act in respect of the project, including the determination of

  • (a) the time schedules for the consultations, having regard to

    • (i) the period within which decision documents must be issued,

    • (ii) the complexity of the project,

    • (iii) the location of the project, and

    • (iv) any other considerations that are relevant to the applicable recommendation or new recommendation;

  • (b) the manner in which first nations are to be consulted by the decision bodies, if consultation with first nations is required under subsection 74(2) of the Act; and

  • (c) any other matters of a procedural nature that are relevant to consultation under subsection 78(1) of the Act.

  •  (1) If more than one federal decision body is required to issue a decision document in respect of a recommendation in respect of a project, the federal decision bodies must select from among themselves one federal decision body to be the lead federal decision body for the project.

  • (2) The lead federal decision body must, within seven days after the date of the report that includes the recommendation, provide written notice of its selection to any decision bodies for the project that are not federal decision bodies.

  • (3) The lead federal decision body must

    • (a) coordinate the efforts of the federal decision bodies to make the determinations required under section 7;

    • (b) coordinate the consultations between the federal decision bodies under subsection 78(1) of the Act;

    • (c) coordinate the consultation between the federal decision bodies and any other decision bodies under subsection 78(1) of the Act; and

    • (d) represent the federal decision bodies in discussions with the other decision bodies in making the determinations required under section 7.

  • (4) If the federal decision bodies cannot come to an agreement on any determination required under section 7, the lead federal decision body must, on behalf of the federal decision bodies,

    • (a) if there are no decision bodies referred to in paragraph (a) or (b) of the definition decision body in subsection 2(1) of the Act in relation to the project, determine the matter; or

    • (b) if there are one or more decision bodies referred to in paragraph (a) or (b) of the definition decision body in subsection 2(1) of the Act in relation to the project, determine the position of the federal government to propose to those other decision bodies with respect to the determination.

Coming into Force

 These Regulations come into force on the day on which they are registered.

 
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