Yukon Environmental and Socio-economic Assessment Act

Marginal note:Commencement of panel review

• 72 (1) A panel of the Board or a joint panel established to review a project shall

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

  • (b) commence the review as soon as possible after it notifies the proponent that, in its opinion, the applicable rules have been complied with.

• Marginal note:Other information

  (2) A panel of the Board or a joint panel may seek any information or views that it believes relevant to its review.

• Marginal note:Other information

  (3) Before making a recommendation under this section, a panel of the Board or a joint panel shall seek views about the project, and information that it believes relevant to the review, from any first nation consulted under subsection 50(3) or identified under subsection 66(3) or 68(1) 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:Recommendations of panel

  (4) At the conclusion of its review, a panel of the Board or a joint panel shall recommend to the decision bodies for the project that

  • (a) the project be allowed to proceed, if it determines that the project will have no significant adverse environmental or socio-economic effects in or outside Yukon;

  • (b) 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; or

  • (c) 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.

• Marginal note:Time limit — panel of the Board

  (4.1) A panel of the Board shall make the recommendations referred to in subsection (4) within 15 months after the day on which the panel is established under subsection 65(1) or (2).

• Marginal note:Excluded period

  (4.2) If a panel of the Board requires the proponent of the project to provide or collect information or to undertake a study, the period that, in the panel’s opinion, is taken by the proponent to comply with the requirement is not included in the calculation of the time limit under subsection (4.1) or of its extension.

• Marginal note:Extension of time limit by federal minister

  (4.3) The federal minister may, at the request of the Board, extend the time limit referred to in subsection (4.1) by a maximum of two months to take into account circumstances that are specific to a proposal for a project.

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

  (4.4) 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:Other recipient of recommendation

  (5) A recommendation of a panel of the Board or a joint panel shall be made in writing with reasons and a copy provided to the proponent.