PART 2Assessment Process and Decision Documents (continued)
Assessments — General (continued)
Marginal note:Pending land use plan
45 (1) When a planning commission established for a planning region under a final agreement notifies the executive committee and designated offices that it is preparing a regional land use plan pursuant to the final agreement, the executive committee and each designated office whose assessment district includes any part of the planning region shall provide the planning commission with the information in its possession about every project in the planning region for which an assessment is pending.
(2) The executive committee shall invite a planning commission that is preparing a land use plan to make representations to it and to each panel of the Board that is conducting a review of a project, and each designated office that is conducting an evaluation of a project shall invite the planning commission to make representations to it.
Marginal note:Participation by interested persons
46 Subject to subsections 60(4), 95(4) and 103(4), a designated office, the executive committee or a panel of the Board shall provide and publicize opportunities for interested persons and the public to participate in any assessment conducted by it.
Marginal note:Authority and validity
46.1 The failure of the federal minister, the Minister of the Environment, the territorial minister, the Board, a decision body, a designated office, the executive committee, a panel of the Board or a joint panel to exercise a power or perform a duty or function within a period provided for under this Act does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise or performance of their powers, duties or functions.
- 2015, c. 19, s. 11
Proposed Activities Subject to Assessment
Marginal note:Regulations identifying activities
(2) An activity listed under paragraph (1)(a) — and not excepted under paragraph (1)(b) — is subject to assessment if proposed to be undertaken in Yukon and if
(a) a federal agency or federal independent regulatory agency is the proponent;
(b) a territorial agency, municipal government, territorial independent regulatory agency or first nation is the proponent and an authorization or the grant of an interest in land would be required for the activity to be undertaken by a private individual;
(c) an authorization or the grant of an interest in land by a government agency, independent regulatory agency, municipal government or first nation is required for the activity to be undertaken; or
(d) an authorization by the Governor in Council is required for the activity to be undertaken.
- 2003, c. 7, s. 47
- 2015, c. 19, s. 12
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.
- 2003, c. 7, s. 48
- 2015, c. 19, s. 13
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
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.
(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.
- 2003, c. 7, s. 50
- 2015, c. 19, s. 15
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.
- Date modified: