Yukon Environmental and Socio-economic Assessment Act (S.C. 2003, c. 7)
Full Document:
Assented to 2003-05-13
Consequential Amendments
R.S., c. A-1Access to Information Act
127. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Yukon Environmental and Socio-economic Assessment Board
Office d’évaluation environnementale et socioéconomique du Yukon
128. Schedule II to the Act is amended by adding, in alphabetical order, a reference to
Yukon Environmental and Socio-economic Assessment Act
Loi sur l’évaluation environnementale et socioéconomique au Yukon
and a corresponding reference to “paragraph 121(a)”.
R.S., c. P-21Privacy Act
129. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Yukon Environmental and Socio-economic Assessment Board
Office d’évaluation environnementale et socioéconomique du Yukon
1994, c. 35Yukon First Nations Self-Government Act
130. Section 13 of the Yukon First Nations Self-Government Act is amended by adding the following after subsection (2):
Marginal note:Fines in relation to lands and environment
(3) Notwithstanding subsection (2), until the earlier of the events referred to in that subsection, and to the extent provided by a first nation’s self-government agreement, a fine not exceeding $300,000 may be imposed on a person convicted of an offence under a law of the first nation enacted pursuant to paragraph 11(1)(c) in relation to
(a) the use of settlement land and of natural resources on settlement land; or
(b) the control or prevention of pollution and the protection of the environment.
1994, c. 43Yukon Surface Rights Board Act
131. Section 5 of the Yukon Surface Rights Board Act is renumbered as subsection 5(1) and is amended by adding the following:
Marginal note:Decision under Yukon Environmental and Socio-economic Assessment Act
(2) The following prevail over an order of the Board respecting access, to the extent of any inconsistency or conflict between them:
(a) a decision document issued under section 75, 76 or 77 of the Yukon Environmental and Socio-economic Assessment Act by a federal agency that the federal agency is required to implement under subsection 82(2) of that Act;
(b) a decision document that is issued under those sections by the territorial minister, to the extent that a territorial agency or municipal government is required to implement it under subsection 83(2) of that Act; and
(c) a decision document that is issued under those sections by a first nation, to the extent that the first nation is required to implement it under subsections 84(2) and (3) of that Act.
Coordinating Amendments
Marginal note:Courts Administration Service Act and Yukon Act
132. (1) If section 116 of this Act and section 14 of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, both come into force before section 40 of the Yukon Act, chapter 7 of the Statutes of Canada, 2002, then section 116 of this Act is replaced by the following on the later of the coming into force of that section and section 14 of the Courts Administration Service Act:
Marginal note:Application for judicial review
116. Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Courts Act, the Attorney General of Canada, the territorial minister or anyone directly affected by the matter in respect of which relief is sought may make an application to the Supreme Court of the Yukon Territory for any relief against the Board, a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition.
(2) If section 116 of this Act and section 40 of the Yukon Act, chapter 7 of the Statutes of Canada, 2002, both come into force before section 14 of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, then section 116 of the English version of this Act is replaced by the following on the later of the coming into force of that section and section 40 of the Yukon Act:
Marginal note:Application for judicial review
116. Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Court Act, the Attorney General of Canada, the territorial minister or anyone directly affected by the matter in respect of which relief is sought may make an application to the Supreme Court of Yukon for any relief against the Board, a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition.
(3) On the latest of the coming into force of section 116 of this Act, section 14 of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, and section 40 of the Yukon Act, chapter 7 of the Statutes of Canada, 2002, section 116 of this Act is replaced by the following:
Marginal note:Application for judicial review
116. Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Courts Act, the Attorney General of Canada, the territorial minister or anyone directly affected by the matter in respect of which relief is sought may make an application to the Supreme Court of Yukon for any relief against the Board, a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition.
Marginal note:Yukon Act
133. (1) On the later of the day on which this Act is assented to and the day on which section 283 of the Yukon Act, chapter 7 of the Statutes of Canada, 2002 (the “other Act”), comes into force, the portion of the definition “authorization” after paragraph (b) in subsection 2(1) of this Act is replaced by the following:
but does not include an access order issued by a body established by territorial law and having jurisdiction with respect to surface rights, or a consent given by a first nation for access to settlement land in circumstances where an access order could be issued by that body.
(2) On the later of the day on which this Act is assented to and the day on which section 283 of the other Act comes into force, the definitions “federal agency”, “settlement land” and “territorial agency” in subsection 2(1) of this Act are replaced by the following:
“federal agency”
« autorité fédérale »
“federal agency” means a minister of the federal government or a person or body carrying out a function of government under a federal law other than the Yukon Act, the Yukon First Nations Self-Government Act or the Yukon First Nations Land Claims Settlement Act, but does not include the Governor in Council or an independent regulatory agency.
“settlement land”
« terres désignées »
“settlement land” means land that is category A settlement land, category B settlement land or fee simple settlement land under a final agreement or under an order of a body established by territorial law and having jurisdiction with respect to surface rights, or land that is to be treated as such by virtue of a self-government agreement, and includes Tetlit Gwich’in Yukon land, but does not include water or mines and minerals defined to be non-settlement land.
“territorial agency”
« autorité territoriale »
“territorial agency” means a member of the Executive Council of Yukon or a person or body carrying out a function of government under the Yukon Act, but does not include an independent regulatory agency, a municipal government or a body having jurisdiction with respect to surface rights.
(3) On the later of the day on which this Act is assented to and the day on which section 1 of the other Act comes into force, the definition “Yukon” in subsection 2(1) of the English version of this Act is repealed.
(4) On the later of the coming into force of Part 2 of this Act and section 283 of the other Act, paragraph 81(1)(g) of this Act is replaced by the following:
(g) a body established by territorial law and having jurisdiction with respect to surface rights, if an access order from that body is required for the project under territorial law;
(5) On the later of the coming into force of Part 2 of this Act and section 284 of the other Act,
(a) paragraph 81(1)(h) of this Act is replaced by the following:
(h) a body established by territorial law and having jurisdiction in relation to rights in respect of waters, if the grant of rights from that body is required for the project under territorial law; and
(b) section 86 of this Act is replaced by the following:
Marginal note:Water licences
86. A body established by territorial law and having jurisdiction in relation to rights in respect of waters may not, under territorial law,
(a) grant or renew rights in respect of waters contrary to a decision document issued by a federal agency or a decision document that is to be implemented by a territorial agency, municipal government or first nation under subsection 83(2) or 84(2) or (3); or
(b) set terms of such rights that conflict with such a decision document, to the extent that the decision document is required to be implemented by a federal agency or a territorial agency, municipal government or first nation.
(6) On the later of the coming into force of Part 2 of this Act and section 40 of the other Act, section 115 of the English version of this Act is replaced by the following:
Marginal note:Court reference by Board
115. At the request of a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, the Board may refer a question of law or jurisdiction arising in any proceedings under this Act to the Supreme Court of Yukon.
(7) If section 283 of the other Act comes into force before section 131 of this Act, section 131 of this Act and the heading before it are repealed.
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