Yukon Environmental and Socio-economic Assessment Act

Marginal note:Matters to be considered

• 42 (1) In conducting an assessment of a project or existing project, a designated office, the executive committee or a panel of the Board shall take the following matters into consideration:

  • (a) the purpose of the project or existing project;

  • (b) all stages of the project or existing project;

  • (c) the significance of any environmental or socio-economic effects of the project or existing project that have occurred or might occur in or outside Yukon, including the effects of malfunctions or accidents;

  • (d) the significance of any adverse cumulative environmental or socio-economic effects that have occurred or might occur in connection with the project or existing project in combination with the effects of other projects for which proposals have been submitted under subsection 50(1) or any activities that have been carried out, are being carried out or are likely to be carried out in or outside Yukon;

  • (d.1) any studies or research undertaken under subsection 112(1) that are relevant to the project or existing project;

  • (d.2) the need for effects monitoring;

  • (e) alternatives to the project or existing project, or alternative ways of undertaking or operating it, that would avoid or minimize any significant adverse environmental or socio-economic effects;

  • (f) mitigative measures and measures to compensate for any significant adverse environmental or socio-economic effects;

  • (g) the need to protect the rights of Yukon Indian persons under final agreements, the special relationship between Yukon Indian persons and the wilderness environment of Yukon, and the cultures, traditions, health and lifestyles of Yukon Indian persons and other residents of Yukon;

  • (g.1) the interests of first nations;

  • (h) the interests of residents of Yukon and of Canadian residents outside Yukon;

  • (i) any matter that a decision body has asked it to take into consideration; and

  • (j) any matter specified by the regulations.

• Marginal note:Additional matters to be considered

  (2) In addition to the matters referred to in subsection (1), the executive committee or a panel of the Board shall take into consideration the capacity of any renewable resources that are likely to be significantly affected by the project or existing project to meet present and future needs.

• Marginal note:Potential activities of third parties

  (2.1) If the proponent is a government agency or first nation and the project or existing project concerns planning activities related to timber harvesting, the designated office, executive committee or panel of the Board shall take into consideration any potential activities of third parties that, if proposed to be undertaken, would be subject to an assessment under section 47 or 48.

• Marginal note:Consideration of standards

  (3) Where a project or existing project to be assessed belongs to a class, or is to be located in a geographic area, for which standard mitigative measures have been developed, whether developed by the designated office or the executive committee, those measures shall be taken into consideration by the designated office, the executive committee or a panel of the Board when assessing the project or existing project.

• Marginal note:Optional matters

  (4) A designated office, the executive committee or a panel of the Board may also take into consideration any matter that it considers relevant in the assessment of a project or existing project.