Yukon Environmental and Socio-economic Assessment Act

Marginal note:Application of Canadian Environmental Assessment Act

• 63 (1) Where the Minister of the Environment agrees to a request made under paragraph 61(1)(b) or gives notice of that Minister’s intention under subsection 62(2), the provisions of the Canadian Environmental Assessment Act relating to the conduct of assessments by a review panel, or relating to agreements for the joint establishment of a review panel, as the case may be, apply in respect of the project, subject to the other provisions of this section and section 64.

• Marginal note:Application

  (2) For the purposes of subsection (1),

  • (a) the decision bodies for the project are deemed to be responsible authorities within the meaning of the Canadian Environmental Assessment Act; and

  • (b) the executive committee has the power to enter into an agreement for the joint establishment of a review panel.

• Marginal note:Request for consent

  (3) Before appointing a review panel referred to in subsection (1) or entering into an agreement for the joint establishment of such a review panel, the Minister of the Environment shall determine whether the project will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation and, if so, shall request each such first nation to indicate within 30 days after that determination whether it consents to the appointment of a review panel.

• Marginal note:Request for list of nominees

  (4) If any first nation does not indicate its consent within the period of 30 days, the Minister of the Environment shall request the Council and the territorial minister each to provide within 60 days a list of nominees for appointment to the review panel.

• Marginal note:When panel may be established

  (5) A review panel referred to in subsection (1) may be appointed and its terms of reference may be fixed only if

  • (a) all first nations give their consent within 30 days after a request is made under subsection (3), or there are no first nations to whom subsection (3) applies; or

  • (b) the period of 60 days referred to in subsection (4) has expired, in which case at least one quarter of the members of the review panel shall be chosen from each list of nominees, if any, provided to the Minister of the Environment within that period.

• Marginal note:Yukon Indian persons not in conflict

  (6) For the purposes of the application of paragraph 33(1)(a) or 41(b) of the Canadian Environmental Assessment Act in respect of a project, a member of the review panel is not in a material conflict of interest solely by virtue of being a Yukon Indian person.

• Marginal note:Response by responsible authority

  (7) In respect of a project referred to in subsection (1), if the report of a review panel established under the Canadian Environmental Assessment Act is submitted to a responsible authority — within the meaning of that Act — that is not a decision body, the provisions of that Act relating to the response of a responsible authority apply in respect of the report.