Yukon Environmental and Socio-economic Assessment Act

Marginal note:Conclusion of evaluation

• 56 (1) A designated office shall, within nine months after the day on which a proposal is submitted to it under paragraph 50(1)(b), conclude its evaluation of the project by

  • (a) recommending 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) recommending 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) recommending 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) referring 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.

• Marginal note:Excluded period

  (1.1) If the designated office requires the proponent of the project to provide or collect information or to undertake a study, the period that, in the designated office’s opinion, is taken by the proponent to comply with the requirement is not included in the calculation of the time limit under subsection (1) or of its extension.

• Marginal note:Extension of time limit by federal minister

  (1.2) The federal minister may, at the request of the Board, extend the time limit referred to in subsection (1) by a maximum of two months to take into account circumstances that are specific to the proposal for a project.

• Marginal note:Extension of time limit by Governor in Council

  (1.3) The Governor in Council may, by order, on the recommendation of the federal minister, further extend the time limit any number of times by periods of any length.

• 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.