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

Act current to 2018-09-26 and last amended on 2017-12-14. Previous Versions

PART 1Yukon Environmental and Socio-economic Assessment Board and Designated Offices (continued)

Budgets and Reporting (continued)

Marginal note:Accounts

  •  (1) The Board shall maintain books of account and related records in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor.

  • Marginal note:Consolidated financial statements

    (2) The Board shall, within the time after the end of each fiscal year that the federal minister specifies, prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (1) and shall include in them any information or statements that are required in their support.

  • Marginal note:Audit

    (3) The accounts, financial statements and financial transactions of the Board shall be audited annually by the auditor of the Board and, where the federal minister requests, by the Auditor General of Canada. The auditor and, where applicable, the Auditor General of Canada shall, as soon as practicable, make a report of the audit to the Board and the federal minister.

  • 2003, c. 7, s. 28;
  • 2017, c. 26, s. 62.

Marginal note:Annual report

 The executive committee shall, within three months after the end of each fiscal year, prepare for the approval of the Board an annual report of the activities of the Board for that fiscal year, and the executive committee shall submit the approved report to the federal minister and make it available to the public.

Rules and By-Laws

Marginal note:Rules for executive committee and panels

  •  (1) The Board shall make rules, applicable to screenings by the executive committee and reviews by panels of the Board, with respect to

    • (a) the form and content of proposals submitted under paragraph 50(1)(a) or of requests made under section 60;

    • (b) the determination of the scope of a project;

    • (c) for the purposes of section 46, the participation of interested persons and the public; and

    • (d) the periods, for each step from the submission or referral of a proposal to the conclusion of the screening or review of the project or existing project, within which the executive committee and panels of the Board must perform their functions.

  • Marginal note:Rules for executive committee and panels

    (2) The Board may make rules with respect to

    • (a) the manner in which proponents of projects must consult with first nations and residents of communities for the purposes of subsection 50(3);

    • (b) the conduct of screenings of projects by the executive committee and reviews of projects by panels of the Board;

    • (c) the reconsideration of recommendations referred back to the executive committee or a panel of the Board by a decision body;

    • (d) the membership of panels of the Board and the establishment of their terms of reference; and

    • (e) cooperation by the executive committee and panels of the Board with other bodies, including the coordination of functions.

  • Marginal note:Other rules

    (3) The Board may make rules with respect to

    • (a) reviews of existing projects, reviews of plans and reviews of activities outside Yukon;

    • (b) the conduct of audits, and effects monitoring, of projects and existing projects under sections 110 and 111; and

    • (c) the conduct of studies and research under section 112.

  • Marginal note:Categories of projects, etc.

    (4) Rules made under this section may provide for different types of screenings or reviews for different categories of projects, existing projects or plans, or activities outside Yukon, as the case may be.

  • 2003, c. 7, s. 30;
  • 2015, c. 19, s. 6.

Marginal note:Rules for designated offices

  •  (1) The Board shall make rules with respect to the conduct of evaluations of projects by designated offices, which may include rules providing for

    • (a) different phases of the evaluation of projects; and

    • (b) different types of evaluations for different categories of projects.

  • Marginal note:Rules for designated offices

    (2) The Board shall make rules, applicable to evaluations of projects by designated offices, with respect to

    • (a) the form and content of proposals submitted under paragraph 50(1)(b);

    • (b) the determination of the scope of a project;

    • (c) for the purposes of section 46, participation in evaluations by interested persons and the public;

    • (d) the submission of proposals for projects located in two or more assessment districts;

    • (e) the conduct of evaluations by two or more designated offices, jointly or by one of them on behalf of the other or others, under section 53; and

    • (f) the periods, for each step from the submission of a proposal to the conclusion of the evaluation of the project or existing project, within which designated offices must perform their functions.

  • Marginal note:Rules for cooperation

    (3) The Board may make rules with respect to cooperation by designated offices with other bodies, including the coordination of functions.

  • Marginal note:Collaboration with designated offices

    (4) The Board shall seek the collaboration of the designated offices in making rules under subsections (1) to (3).

  • Marginal note:Rules made by designated office

    (5) A designated office may make rules with respect to the conduct of its evaluations, including rules respecting any of the matters specified in subsections (1) to (3), but rules made by the Board prevail over rules made by a designated office to the extent of any inconsistency.

  • 2003, c. 7, s. 31;
  • 2015, c. 19, s. 7.

Marginal note:Standard mitigative measures

  •  (1) The Board may make rules with respect to the development, by a designated office or the executive committee, of standard mitigative measures referred to in section 37.

  • Marginal note:Collaboration

    (2) The Board shall seek the collaboration of the designated offices in making rules under subsection (1).

Marginal note:General rules re information

 The Board shall make rules with respect to

  • (a) the integration of scientific information, traditional knowledge and other information by designated offices, the executive committee and panels of the Board;

  • (b) the determination of whether traditional knowledge is confidential for the purposes of paragraph 121(a); and

  • (c) the handling of information to prevent its disclosure contrary to section 121, including the conduct of private hearings and the restriction of access to information at public hearings.

Marginal note:Publication of proposed rules

  •  (1) At least 60 days before making rules, the Board or a designated office shall publish a notice of any proposed rules in the Canada Gazette, in a periodical that, in its opinion, has a large circulation in Yukon and in a periodical distributed in the Gwich’in Settlement Area referred to in the Gwich’in Agreement and shall, in the notice, invite written representations to be made to it with respect to the proposed rules within 60 days after publication.

  • Marginal note:Exception

    (2) No further notice need be published if the proposed rules are amended solely in response to representations made to the Board or the designated office.

  • Marginal note:Publication of rules

    (3) Rules made by the Board or a designated office shall be published in the Canada Gazette immediately after they are made.

Marginal note:By-laws of Board

 The Board may make by-laws

  • (a) for the conduct and management of its internal administrative affairs;

  • (b) specifying grounds for the removal of members from office other than for cause, for the purposes of subsection 11(1); and

  • (c) respecting the performance of a member’s functions for the purposes of subsections 10(4) and 11(4).

  • 2003, c. 7, s. 35;
  • 2015, c. 19, s. 8.
 
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