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

Marginal note:Declarations

• 48 (1) Where an activity is listed under paragraph 47(1)(a) but is excepted under paragraph 47(1)(b), a declaration that the activity is subject to assessment may nevertheless be made, in circumstances referred to in subsection (3) or (4), by

  • (a) a federal agency that is the proponent of the activity or that has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken;

  • (b) the federal minister, if the Governor in Council has the power to issue an authorization required for the activity to be undertaken or if a federal independent regulatory agency is the proponent of the activity or has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken;

  • (c) the territorial minister, if a territorial agency, a municipal government or a territorial independent regulatory agency is the proponent of the activity or has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken; or

  • (d) a first nation that is the proponent of the activity or that has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken.

• Marginal note:Consent to declaration

  (2) A declaration that a particular activity is subject to assessment must be consented to by every person or body referred to in subsection (1) that has the power to make that declaration.

• Marginal note:Significant adverse effects

  (3) A declaration that an activity is subject to assessment may be made by the federal agency, federal minister, territorial minister or first nation if they are of the opinion that the activity might

  • (a) have significant adverse environmental or socio-economic effects in or outside Yukon; or

  • (b) contribute significantly to cumulative adverse environmental or socio-economic effects in combination with projects for which proposals have been submitted under subsection 50(1) or with other activities known to them that are proposed, undertaken or completed in or outside Yukon.

• Marginal note:Activity in protected area

  (4) A declaration that an activity is subject to assessment may also be made in respect of an activity if the activity is to be undertaken

  • (a) in an area that contains a heritage resource, other than a record only, or that is a heritage resource, and that is for that reason protected by federal, territorial or first nation law or that is identified, in a land use plan in effect under a final agreement, as an area that should be so protected;

  • (b) in a special management area that is identified as such in a final agreement or that is established in accordance with a final agreement; or

  • (c) in an area that forms the habitat for any species of plant or wildlife that is determined to be rare, threatened, endangered or at risk by or under federal, territorial or first nation law.

Marginal note:Emergencies exempted

• 49 (1) Notwithstanding sections 47 and 48, no assessment is required of an activity that is undertaken in response to a national emergency for which special temporary measures are being taken under the Emergencies Act, or in response to an emergency when it is in the interest of public welfare, health or safety or of protecting property or the environment that the activity be undertaken immediately.

• Marginal note:Reporting after emergencies

  (2) As soon as practicable after any such activity is completed, the person who undertook it shall send a written report to the designated office for each assessment district in which it was undertaken describing the nature, extent and duration of the activity and any work required in order to restore or rehabilitate the area affected by it.

49.1 [Repealed, 2017, c. 34, s. 2]

Proposals for Projects

Marginal note:Submission of proposals

• 50 (1) A proponent shall submit a proposal for a project

  • (a) to the executive committee, in the case of a project specified in regulations made under paragraph 122(c); or

  • (b) in any other case, to the designated office for the assessment district in which the project is to be undertaken, subject to the rules made under paragraph 31(2)(d).

• Marginal note:Considerations by proponent

  (2) The proponent of a project shall, in preparing a proposal, incorporate any appropriate mitigative measures and take into consideration the matters referred to in paragraphs 42(1)(b), (c), (e) and (f) and, if applicable, subsection 42(2.1), in the case of a proposal submitted to a designated office, or the matters referred to in those paragraphs, paragraphs 42(1)(g) to (h) and, if applicable, subsection 42(2.1), in the case of a proposal submitted to the executive committee.

• Marginal note:Consultation

  (3) Before submitting a proposal to the executive committee, the proponent of a project shall consult any first nation in whose territory, or the residents of any community in which, the project will be located or might have significant environmental or socio-economic effects.

• Marginal note:Notification of Environment Minister

  (4) The executive committee shall notify the Minister of the Environment of any proposal submitted to it under paragraph (1)(a) for a project for which there is a federal decision body.

Marginal note:Determination of scope

51 A designated office or the executive committee shall determine the scope of a project to be assessed by it, and shall include within the scope of the project, in addition to any activity identified in the proposal, any other activity that it considers likely to be undertaken in relation to an activity so identified and sufficiently related to it to be included in the project.

Marginal note:Grouping of related projects

52 A designated office or the executive committee shall assess as a single project two or more projects for which it has received proposals where it considers that the projects are so closely related as to be part of the same activity or where all the decision bodies for each of the projects have advised it that they consider the projects to be so related.

Marginal note:Evaluations by multiple designated offices

53 An evaluation may be conducted, in the manner provided by the rules made under paragraph 31(2)(e), by two or more designated offices jointly or by one of them on behalf of the other or others, where

• (a) a single project is located in two or more assessment districts; or

• (b) a designated office considers projects located in two or more assessment districts to be closely related.

Marginal note:Withdrawal of project

• 54 (1) A proponent that intends not to proceed with a project shall give notice to that effect to any body that has conducted or is conducting an assessment of the project and to any decision body that is considering recommendations relating to the project.

• Marginal note:Discontinuance

  (2) Any assessment of a project conducted by a body that is notified under subsection (1), and any consideration of a recommendation made in respect of the project by a decision body notified under that subsection, shall be discontinued.

Evaluation of Projects by Designated Offices

Marginal note:Preliminary determinations

• 55 (1) Where a proposal for a project is submitted to a designated office under paragraph 50(1)(b), the designated office shall

  • (a) consider whether the applicable rules have, in its opinion, been complied with and notify the proponent accordingly; and

  • (b) determine whether the project will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation.

• Marginal note:Evaluation by designated office

  (2) A designated office shall commence the evaluation of a project as soon as possible after it notifies the proponent affirmatively under paragraph (1)(a).

• Marginal note:Information and views

  (3) A designated office may seek any information or views that it believes relevant to its evaluation.

• Marginal note:Information and views

  (4) Before making a recommendation under any of paragraphs 56(1)(a) to (c), a designated office shall seek views about the project, and information that it believes relevant to the evaluation, from any first nation identified under paragraph (1)(b) and from any government agency, independent regulatory agency or first nation that has notified the designated office of its interest in the project or in projects of that kind.

Marginal note:Conclusion of evaluation

• 56 (1) At the conclusion of its evaluation of the project, a designated office shall

  • (a) recommend to the decision bodies for the project that the project be allowed to proceed, if it determines that the project will not have significant adverse environmental or socio-economic effects in or outside Yukon;

  • (b) recommend to those decision bodies that the project be allowed to proceed, subject to specified terms and conditions, if it determines that the project will have, or is likely to have, significant adverse environmental or socio-economic effects in or outside Yukon that can be mitigated by those terms and conditions;

  • (c) recommend to those decision bodies that the project not be allowed to proceed, if it determines that the project will have, or is likely to have, significant adverse environmental or socio-economic effects in or outside Yukon that cannot be mitigated; or

  • (d) refer the project to the executive committee for a screening, if, after taking into account any mitigative measures included in the project proposal, it cannot determine whether the project will have, or is likely to have, significant adverse environmental or socio-economic effects.

• (1.1) to (1.3) [Repealed, 2017, c. 34, s. 3]

• Marginal note:Notification

  (2) A recommendation under any of paragraphs (1)(a) to (c) shall be made in writing with reasons and a copy provided to the proponent.

• Marginal note:Notice of reasons for referral

  (3) The designated office shall provide written reasons for a referral under paragraph (1)(d) to the proponent, to any first nation identified under paragraph 55(1)(b) and to any government agency, independent regulatory agency or first nation that has notified the designated office of its interest in the project or in projects of that kind.

• Marginal note:Revised proposal

  (4) Following receipt of the reasons for referral, the proponent shall submit a revised proposal to the executive committee that takes into account the matters referred to in paragraphs 42(1)(b), (c) and (e) to (h).

• Marginal note:Documentation

  (5) Where a designated office refers a project to the executive committee, it shall provide the executive committee with copies of its documentation relating to the project.

Screening of Projects by Executive Committee

Marginal note:Preliminary determination

• 57 (1) Where a proposal for a project is submitted or referred to the executive committee under paragraph 50(1)(a) or 56(1)(d), the executive committee shall consider whether the applicable rules have, in its opinion, been complied with and notify the proponent accordingly.

• Marginal note:Screening by executive committee

  (2) The executive committee shall commence a screening of a project as soon as possible after it notifies the proponent affirmatively under subsection (1) and advises the proponent that, in its opinion, the proponent has in its proposal taken into consideration the matters referred to in paragraphs 42(1)(b), (c) and (e) to (h) and has consulted first nations and the residents of communities in accordance with subsection 50(3).

• Marginal note:Information and views

  (3) The executive committee may seek any information or views that it believes relevant to its screening.

• Marginal note:Information and views

  (4) Before making a recommendation under paragraph 58(1)(a), (b) or (c), the executive committee shall seek views about the project, and information that it believes relevant to the screening, from any first nation consulted under subsection 50(3) and from any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the project or in projects of that kind.

Marginal note:Conclusion of screening

• 58 (1) At the conclusion of its screening of the project, the executive committee shall

  • (a) recommend to the decision bodies for the project that the project be allowed to proceed without a review, if it determines that the project will not have significant adverse environmental or socio-economic effects in or outside Yukon;

  • (b) recommend to those decision bodies that the project be allowed to proceed without a review, subject to specified terms and conditions, if it determines that the project will have, or is likely to have, significant adverse environmental or socio-economic effects in or outside Yukon that can be mitigated by those terms and conditions;

  • (c) recommend to those decision bodies that the project not be allowed to proceed and not be subject to a review, if it determines that the project will have, or is likely to have, significant adverse environmental or socio-economic effects in or outside Yukon that cannot be mitigated; or

  • (d) require a review of the project, if, after taking into account any mitigative measures included in the project proposal, it cannot determine whether the project will have, or is likely to have, significant adverse environmental or socio-economic effects.

• (1.1) to (1.3) [Repealed, 2017, c. 34, s. 4]

• Marginal note:Review required — other cases

  (2) Irrespective of any determination made under subsection (1), the executive committee shall require a review of the project if

  • (a) it determines, after taking into account any mitigative measures included in the project proposal, that the project might contribute significantly to cumulative adverse environmental or socio-economic effects in Yukon or that the project is causing or is likely to cause significant public concern in Yukon; or

  • (b) it determines that the project involves technology that is controversial in Yukon or the effects of which are unknown.

• Marginal note:Notification

  (3) A recommendation under paragraph (1)(a), (b) or (c) shall be made in writing with reasons and a copy provided to the proponent.

• Marginal note:Notice of reasons for review

  (4) Where the executive committee requires a review under paragraph (1)(d) or subsection (2), it shall provide written reasons for doing so to the proponent and any first nation consulted under subsection 50(3) as well as to any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the project or in projects of that kind.