Yukon Environmental and Socio-economic Assessment Act (S.C. 2003, c. 7)

Marginal note:Recommendation for non-referral rejected

59 If the executive committee recommends that a project not be referred for a review, but that recommendation is rejected by a decision body for the project and the decision body so notifies the executive committee in writing within 15 days after receiving the recommendation, the executive committee shall require a review of the project.

Request for Review

Marginal note:Review of project

• 60 (1) A request for a review of a project may be made to the executive committee

  • (a) by either the federal minister or the Minister of the Environment, if there is a federal decision body for the project;

  • (b) by the territorial minister, if the territorial minister is a decision body for the project; or

  • (c) by a first nation with the consent of the federal minister and, if the territorial minister is a decision body for the project, with the consent of the territorial minister.

• Marginal note:Joint request

  (2) A request for a review must be made jointly by the territorial minister and either the federal minister or the Minister of the Environment if the decision bodies for the project include both the territorial minister and a federal decision body.

• Marginal note:Exceptions

  (3) A request for a review may not be made if

  • (a) the executive committee has already required a review of the project under paragraph 58(1)(d) or subsection 58(2); or

  • (b) a recommendation has already been made in respect of the project by a designated office or the executive committee and all decision bodies to which the recommendation was made have issued decision documents.

• Marginal note:Form of review

  (4) A request shall specify whether a review is to be a public review or some other form of review.

• Marginal note:Pending assessments

  (5) Where a request is made for a review, any assessment of the project by a designated office or the executive committee or any consideration by a decision body of a recommendation made in respect of the project, as the case may be, shall be discontinued.

Powers of Minister of Environment

Marginal note:Requirement or request for review

• 61 (1) When the executive committee, under paragraph 58(1)(d), subsection 58(2) or section 59, requires a review of a project for which there is a federal decision body, or when a public review of such a project is requested under section 60, the executive committee shall

  • (a) notify the Minister of the Environment of its intention to establish a panel of the Board; or

  • (b) request that Minister to enter into negotiations for the establishment of a joint panel in accordance with section 67.

• Marginal note:Consideration of effects outside Yukon

  (2) When the executive committee, under paragraph 58(1)(d), subsection 58(2) or section 59, requires a review of a project for which there is no federal decision body, or when a public review of such a project is requested under section 60, the executive committee shall

  • (a) if it determines that the project might have significant adverse environmental or socio-economic effects outside Yukon, make a request under paragraph (1)(b); or

  • (b) if it determines that the project will not have such effects, so notify the Minister of the Environment.

• Marginal note:Response by Minister of the Environment

  (3) The Minister of the Environment may, within 30 days after receiving a notification under paragraph (1)(a), direct the executive committee not to establish a panel of the Board, in which case the executive committee shall make a request under paragraph (1)(b).

• Marginal note:Determination by Minister of the Environment

  (4) After receiving a notification of the executive committee’s determination under paragraph (2)(b), the Minister of the Environment may consider and determine the same question and, if that Minister advises the executive committee of a contrary determination within 30 days after the notification, the executive committee shall make a request under paragraph (1)(b).

Marginal note:Response to request

62 The Minister of the Environment shall, within 30 days after receiving a request made under paragraph 61(1)(b), notify the executive committee whether he or she agrees to the request.

63 [Repealed, 2015, c. 19, s. 19]

64 [Repealed, 2015, c. 19, s. 19]

Panels of the Board

Marginal note:Establishment of panel

• 65 (1) Except where an agreement is entered into under section 67, the executive committee shall establish a panel of the Board to conduct a review of a project where

  • (a) a request is made under section 60 for a form of review other than a public review; or

  • (b) the Minister of the Environment does not direct the executive committee as provided in subsection 61(3), does not advise the executive committee as provided in subsection 61(4) or does not agree to a request as provided in section 62.

  • (c) [Repealed, 2015, c. 19, s. 20]

• Marginal note:Failure to enter into agreement

  (2) The executive committee shall establish a panel of the Board to conduct a review of a project if, despite negotiations entered into under paragraph 61(1)(b) for the establishment of a joint panel, no agreement is concluded under section 67.

• Marginal note:Determination by executive committee

  (3) Before a panel of the Board is established, the executive committee shall determine whether the project is likely to have significant adverse environmental or socio-economic effects primarily on settlement land or on non-settlement land.

• Marginal note:Designation of members

  (4) The executive committee shall select the members of a panel of the Board for the review of a project from among the members of the Board, and shall designate one of them to be chairperson.

• Marginal note:Composition of panels

  (5) A panel of the Board shall be constituted as follows:

  • (a) if the executive committee concludes under subsection (3) that effects are likely to occur primarily on settlement land, two thirds of the members of the panel must be members nominated to the Board by the Council and one third must be members, excluding the Chairperson of the Board, who are not so nominated;

  • (b) if the executive committee concludes under subsection (3) that effects are likely to occur primarily on non-settlement land, one third of the members of the panel must be members nominated to the Board by the Council and two thirds must be members, excluding the Chairperson of the Board, who are not so nominated; and

  • (c) in any other case, of the members of the panel other than its chairperson, one half must be members nominated to the Board by the Council and one half must be members who are not so nominated.

• Marginal note:Attendance

  (6) Every member of a panel of the Board must be present at each meeting or hearing of the panel.

• Marginal note:Vacancies

  (7) In the event of the absence or incapacity, or a vacancy in the office, of a member of a panel of the Board, the executive committee shall, in a manner consistent with the proportions set out in subsection (5),

  • (a) direct some or all of the remaining members of the panel to resume the review;

  • (b) appoint another member to the panel and direct the panel to resume or recommence the review; or

  • (c) appoint a new panel and direct the panel to recommence the review.

Marginal note:Terms of reference

• 66 (1) Subject to any specification as to the form of review referred to in subsection 60(4), the executive committee shall establish the terms of reference of a panel of the Board.

• Marginal note:Publication of notice

  (2) The executive committee shall publish, in a periodical that, in its opinion, has a large circulation in Yukon,

  • (a) a notice of the establishment of a panel of the Board, and of the manner in which the public may obtain copies of the panel’s terms of reference; and

  • (b) if the panel’s terms of reference are subsequently modified, a notice of the manner in which the public may obtain copies of the modification and of the reasons for it.

• Marginal note:Determination by executive committee

  (3) In the case of a project that is the subject of a request referred to in paragraph 65(1)(a), the executive committee shall determine whether it will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation.

• Marginal note:Distribution of terms of reference

  (4) The executive committee shall provide copies of the terms of reference of a panel of the Board, and of any modification made to them with the reasons for it, to the proponent and any first nation identified under subsection (3) or consulted under subsection 50(3), as well as to 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.

66.1 [Repealed, 2017, c. 34, s. 5]

Marginal note:Agreement — coordination

• 66.2 (1) The executive committee may, with the approval of the federal minister, enter into an agreement with any authority that has powers, duties or functions in relation to reviewing the effects of that portion of the project that is to be carried out outside Yukon for the purpose of coordinating their reviews.

• Marginal note:Government of foreign state

  (2) The federal minister and the Minister of Foreign Affairs may, after consultation with the executive committee, enter into an agreement referred to in subsection (1) if the authority is a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government.

• Marginal note:For greater certainty

  (3) For greater certainty, the fact that a panel of the board is coordinating its review with another authority does not permit the panel to make a recommendation concerning the portion of the project to be carried out outside Yukon.

Agreements for Joint Panels

Marginal note:Conclusion of agreement with Minister of Environment

• 67 (1) If the Minister of the Environment agrees to a request made by the executive committee under paragraph 61(1)(b), the executive committee may, with the approval of the federal minister, enter into an agreement with the Minister of the Environment for the establishment of a joint panel to conduct a review of the project.

• Marginal note:Joint panel agreement

  (2) In circumstances referred to in subsection 65(1), the executive committee may, with the approval of the federal minister, enter into an agreement for the purpose referred to in subsection (1) with

  • (a) the Minister of the Environment; or

  • (b) any authority having power to examine the environmental or socio-economic effects of the project, or of an activity that is to be undertaken partly outside Yukon and of which the project forms part.

• Marginal note:Contents of agreement

  (3) An agreement for the establishment of a joint panel must

  • (a) provide for the composition of the joint panel, the manner of appointment of its members and the selection of a chairperson;

  • (b) contain the terms of reference of the joint panel and indicate how they may be modified;

  • (c) require the joint panel to take into consideration the matters set out in subsections 42(1) to (3) in its review and permit it to take into consideration any other matter that it considers relevant;

  • (d) prescribe rules to be followed in the conduct of the review, including rules about the information to be provided by the proponent, the scheduling of the review, the quorum, the mode of participation of interested persons and the integration of scientific information, traditional knowledge and other information;

  • (e) name a person or body that consents to indemnify the members of the joint panel in accordance with subsection (5) and, if it is the Board, indicate that the federal minister concurs; and

  • (f) require that, on completion of the review, the joint panel submit a report to the decision bodies for the project and publish the report.

• Marginal note:Publication of notice

  (4) The executive committee shall publish, in a periodical that, in its opinion, has a large circulation in Yukon,

  • (a) a notice of the conclusion of an agreement for the establishment of a joint panel and the manner in which copies of the agreement may be obtained by the public; and

  • (b) a notice of any amendments made to the agreement and the manner in which copies of the amendments and the reasons for them may be obtained by the public.

• Marginal note:Indemnification of panel members

  (5) The members of a joint panel shall be indemnified by the person or body referred to in paragraph (3)(e) for all damages awarded against them, for any settlement paid by them with the approval of the federal minister and that person or body and for all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members that were carried out honestly and in good faith with a view to the best interests of the joint panel.