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Yukon Environmental and Socio-economic Assessment Act (S.C. 2003, c. 7)

Act current to 2020-01-08 and last amended on 2019-08-28. Previous Versions

PART 2Assessment Process and Decision Documents (continued)

Reviews of Projects by Panels (continued)

 [Repealed, 2015, c. 19, s. 24]

Consideration of Recommendations and Issuance of Decision Documents

Marginal note:Consideration of accompanying information

  •  (1) A decision body considering a recommendation in respect of a project shall give full and fair consideration to scientific information, traditional knowledge and other information that is provided with the recommendation.

  • Marginal note:First nations without final agreements

    (2) A decision body considering a recommendation in respect of a project shall consult a first nation for which no final agreement is in effect if the project is to be located wholly or partly, or might have significant adverse environmental or socio-economic effects, in the first nation’s territory.

Marginal note:Decision on recommendation from designated office or joint panel

 If a designated office or a joint panel makes a recommendation to a decision body, the decision body shall issue a decision document within the period prescribed by the regulations accepting, rejecting or varying the recommendation.

  • 2003, c. 7, s. 75
  • 2015, c. 19, s. 25

Marginal note:Decision on recommendation from executive committee or panel of Board

  •  (1) Subject to section 59, if the executive committee or a panel of the Board makes a recommendation to a decision body, the decision body shall, within the period prescribed by the regulations,

    • (a) issue a decision document accepting the recommendation; or

    • (b) refer the recommendation back to the executive committee or the panel for reconsideration by it, unless that recommendation was made in response to a previous referral under this paragraph.

  • Marginal note:Notice of referral back

    (2) When a decision body refers a recommendation back to the executive committee or a panel of the Board for reconsideration, it shall give notice of the referral to every person or body referred to in paragraphs 81(1)(a), (b) and (f) to (i).

  • Marginal note:Effect of referral back

    (3) On being notified under subsection (2),

    • (a) every other decision body for the project shall discontinue its consideration of the recommendation; and

    • (b) no person or body required under sections 82 to 88 to implement a decision document already issued shall take any action that would enable the project to be undertaken.

  • 2003, c. 7, s. 76
  • 2015, c. 19, s. 26

Marginal note:Reconsideration on referral back

  •  (1) When it reconsiders a recommendation that is referred back to it under paragraph 76(1)(b), the executive committee and the panel of the Board may exercise the powers and shall perform the duties that they have, respectively, in relation to screenings and reviews.

  • Marginal note:Time limits

    (2) The executive committee or panel of the Board shall make a new recommendation to the decision bodies in respect of the project within the period prescribed by the rules. If it does not make such a recommendation, it is deemed to have made the same recommendation that it made at the conclusion of its screening or review.

  • Marginal note:New recommendation

    (3) Every decision body shall, within the period prescribed by the regulations, issue a decision document accepting, rejecting or varying the new recommendation, and that decision document replaces any previous decision document issued by it in respect of the project.

  • 2003, c. 7, s. 77
  • 2015, c. 19, s. 27
  • 2017, c. 34, s. 7

Marginal note:Consultation between decision bodies

  •  (1) Where decision documents must be issued in relation to a project by more than one decision body, the decision bodies shall, before issuing the decision documents, consult one another in accordance with the regulations with a view to making their decision documents conform.

  • Marginal note:Consolidation of decision documents

    (2) Any two or more decision bodies in respect of a project may agree to consolidate their decision documents.

Marginal note:Mining interest on settlement lands

 Notwithstanding sections 75 and 76, where a project involves a right to work mines and minerals situated in category B or fee simple settlement land or Tetlit Gwich’in Yukon land, and decision documents must be issued in relation to the project by a first nation as well as by a federal decision body or the territorial minister, neither of those decision bodies may reject or vary any recommendation made in respect of the project except on the ground that a recommended term or condition is

  • (a) insufficient to prevent unacceptable environmental or socio-economic effects in Yukon;

  • (b) more onerous than necessary to prevent such effects; or

  • (c) so onerous as to undermine the economic viability of the project.

Marginal note:Decision body’s reasons

Marginal note:Distribution of decision documents

  •  (1) A decision body shall provide copies of a decision document to

    • (a) every other decision body for the project;

    • (b) the proponent of the project;

    • (c) the designated office in whose assessment district the project is proposed to be undertaken;

    • (d) the executive committee, if the recommendation to the decision body was made by the executive committee, a panel of the Board or a joint panel;

    • (e) [Repealed, 2015, c. 19, s. 28]

    • (f) any independent regulatory agency from which an authorization is required, or to which an application is made for financial assistance, to enable the project to be undertaken;

    • (g) the Yukon Surface Rights Board, if an access order is required for the project under the Yukon Surface Rights Board Act;

    • (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

    • (i) any other person or body that is required to implement the decision document under subsection 82(2), 83(2) or 84(2) or (3).

  • Marginal note:Decision not in conformity with land use plan

    (2) If a decision document allows a project to be undertaken not in conformity with a regional land use plan referred to in section 44, the decision body shall provide a copy of the decision document to the planning commission and to any person or body that approved the plan.

  • 2003, c. 7, ss. 81, 133
  • 2015, c. 19, s. 28

Implementation of Decision Documents

Marginal note:Federal agencies

  •  (1) A federal agency that is a decision body for a project shall not undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until it has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken.

  • Marginal note:Implementing decision document

    (2) Notwithstanding the limitations in any other federal law, a federal agency undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by it in respect of the project.

Marginal note:Territorial agencies and municipal governments

  •  (1) Where the territorial minister is a decision body for a project, no territorial agency or municipal government shall undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until the territorial minister has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken.

  • Marginal note:Implementing decision document

    (2) To the extent of its authority under the Yukon Act, territorial laws or municipal by-laws, every territorial agency and every municipal government undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by the territorial minister in respect of the project.

 
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