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

Implementation of Decision Documents

Marginal note:Federal agencies

• 82 (1) A federal agency that is a decision body for a project shall not undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until it has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken.

• Marginal note:Implementing decision document

  (2) Notwithstanding the limitations in any other federal law, a federal agency undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by it in respect of the project.

Marginal note:Territorial agencies and municipal governments

• 83 (1) Where the territorial minister is a decision body for a project, no territorial agency or municipal government shall undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until the territorial minister has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken.

• Marginal note:Implementing decision document

  (2) To the extent of its authority under the Yukon Act, territorial laws or municipal by-laws, every territorial agency and every municipal government undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by the territorial minister in respect of the project.

Marginal note:First nations

• 84 (1) A first nation that is a decision body for a project shall not undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until it has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken.

• Marginal note:Implementing decision document

  (2) To the extent of its authority under the Yukon First Nations Self-Government Act, first nation laws or its final agreement, a first nation undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by it in respect of the project.

• Marginal note:Decision document relating to mines

  (3) Notwithstanding subsection (2), if a project involves a right to work mines and minerals in category B or fee simple settlement land or Tetlit Gwich’in Yukon land, a first nation taking any action that enables the project to be undertaken shall implement

  • (a) a decision document issued in respect of the project by the territorial minister to the extent that it is inconsistent with the first nation’s decision document, where the Commissioner of Yukon has the administration and control of those mines and minerals; or

  • (b) a decision document issued in respect of the project by a federal agency to the extent that it is inconsistent with the first nation’s decision document, where the federal agency has the administration of those mines and minerals.

Marginal note:Interpretation

85 The obligation to implement decision documents under subsections 82(2), 83(2) and 84(2) and (3) does not require the making of any regulation, municipal by-law, first nation law or other law.

Marginal note:Water licences

86 A body established by territorial law and having jurisdiction in relation to rights in respect of waters may not, under territorial law,

• (a) grant or renew rights in respect of waters contrary to a decision document issued by a federal agency or a decision document that is to be implemented by a territorial agency, municipal government or first nation under subsection 83(2) or 84(2) or (3); or

• (b) set terms of such rights that conflict with such a decision document, to the extent that the decision document is required to be implemented by a federal agency or a territorial agency, municipal government or first nation.

Marginal note:Federal independent regulatory agencies

• 87 (1) A federal independent regulatory agency must not require that a project be undertaken or take any action that enables a project to be undertaken until every federal decision body for the project and, in the case of the Canadian Energy Regulator, the territorial minister has issued a decision document in respect of the project under section 75, 76 or 77.

• Marginal note:Conformity with decision document

  (2) A federal independent regulatory agency, other than the Canadian Energy Regulator, must

  • (a) when it requires that a project be undertaken or takes any action that enables a project to be undertaken, endeavour to the extent practicable to implement any decision document issued by a federal decision body; and

  • (b) when it issues an authorization that enables a project to be undertaken, endeavour to the extent practicable to make the authorization conform with any decision document issued by a federal decision body, and provide written reasons to that decision body for any want of conformity.

• Marginal note:Commission of the Canadian Energy Regulator

  (3) The Commission of the Canadian Energy Regulator must

  • (a) when it requires that a project be undertaken, take into consideration any decision document issued by a federal decision body or the territorial minister; and

  • (b) when it issues an authorization to enable a project to be undertaken, take into consideration any decision document issued by a federal decision body or the territorial minister and provide written reasons to the decision body or the minister for any want of conformity.

• Marginal note:Canadian Energy Regulator

  (4) The Canadian Energy Regulator must take into consideration any decision document issued by a federal decision body or the territorial minister when it provides financial assistance for a project.

Marginal note:Territorial independent regulatory agencies

• 88 (1) A territorial independent regulatory agency shall not require that a project be undertaken, or take any action that enables a project to be undertaken, until the territorial minister has issued a decision document in respect of the project under section 75, 76 or 77.

• Marginal note:Conformity with decision document

  (2) A territorial independent regulatory agency shall

  • (a) when it requires that a project be undertaken or takes any action that enables a project to be undertaken, endeavour to the extent practicable to implement any decision document issued by the territorial minister; and

  • (b) when it issues an authorization that enables a project to be undertaken, endeavour to the extent practicable to make the authorization conform with any decision document issued by the territorial minister, and provide written reasons to the minister for any want of conformity.

Marginal note:For greater certainty

88.1 For greater certainty, an independent regulatory agency, a government agency or a first nation may impose, to the extent of its jurisdiction and authority to do so, terms and conditions that are in addition to, or more stringent than, those referred to in the decision documents.

Marginal note:Notice of actions taken following decision

89 Following the issuance of a decision document allowing a project to be undertaken, every government agency, municipal government, independent regulatory agency and first nation shall notify the Board whenever it

• (a) issues any authorization required for the project to be undertaken, or amends or revokes that authorization;

• (b) grants any interest in land required for the project to be undertaken, or modifies or withdraws that interest; or

• (c) provides any financial assistance that enables the project to be undertaken, or alters or cancels that assistance.

Projects on Yukon North Slope

Marginal note:Definitions

• 90 (1) The following definitions apply in this section and section 91.

  Agreement

  Agreement means the Inuvialuit Final Agreement, given effect by the Western Arctic (Inuvialuit) Claims Settlement Act, chapter 24 of the Statutes of Canada, 1984, as it read on the date that the Yukon First Nations Land Claims Settlement Act came into force. (convention)

  Screening Committee

  Screening Committee and Review Board mean the Environmental Impact Screening Committee and the Environmental Impact Review Board, respectively, established by section 11 of the Agreement. (Bureau d’examen des répercussions environnementales et Comité d’étude des répercussions environnementales)

  Yukon North Slope

  Yukon North Slope has the same meaning as in section 12 of the Agreement. (Versant nord du Yukon)

• Marginal note:Additional consideration

  (2) In an assessment of a project located on the Yukon North Slope, a designated office, the executive committee or a panel of the Board shall take into consideration, in addition to the matters set out in subsections 42(1) to (3), the need to protect the rights of the Inuvialuit under the Agreement, and may take into consideration any matter that it considers relevant.

• Marginal note:Recommendations re project

  (3) Where a recommendation is made by a designated office, the executive committee or a panel of the Board in respect of a project located on the Yukon North Slope, a copy of the recommendation including reasons shall be provided to the Screening Committee.

• Marginal note:Reasons for panel review

  (4) Where the executive committee requires that a project located on the Yukon North Slope be reviewed by a panel of the Board, the executive committee shall provide its reasons for doing so to the Screening Committee.

Marginal note:Examination by Screening Committee or Review Board

• 91 (1) When the Screening Committee or Review Board examines a project located on the Yukon North Slope, the competent government authority that receives its report or recommendation pursuant to the Agreement shall provide a copy of the authority’s response to the report or recommendation to the Board and to the designated office in whose assessment district the project is located.

• Marginal note:Referral by Screening Committee to Review Board

  (2) Where a project located on the Yukon North Slope is referred to the Review Board by the Screening Committee,

  • (a) the provisions of this Part relating to assessments and decision documents cease to apply in respect of the project; and

  • (b) any panel of the Board already established to review the project shall provide the Review Board with copies of all documents relating to the project.

Collaboration and External Activities

Marginal note:Collaboration on projects

• 92 (1) In the assessment of a project that forms part of an activity to be located wholly or partly in Yukon, a designated office or the executive committee shall collaborate, to the extent practicable, with any other body proposing to examine the activity’s environmental or socio-economic effects.

• Marginal note:Adoption of report

  (2) Where a body referred to in subsection (1) issues a report of its examination, the designated office or the executive committee may, in lieu of all or part of its assessment of the project, adopt any portions of the report that, in its opinion, fulfil any of the requirements of this Act.

Marginal note:External activities affecting Yukon

• 93 (1) At the request of the federal minister or the Minister of the Environment — or at the request of the territorial minister or a first nation and at their expense, unless the federal minister consents to the request — the executive committee may, in respect of an activity outside Yukon that, in its opinion, has or will have significant adverse environmental or socio-economic effects in Yukon,

  • (a) establish a panel of the Board to conduct a review of the activity, in accordance with an agreement entered into by the executive committee with the requesting minister or first nation; or

  • (b) participate in a consideration of the environmental and socio-economic effects of the activity conducted by a public body outside Yukon, in a manner specified in the request and accepted by that body.

• Marginal note:Report by panel

  (2) A panel of the Board referred to in paragraph (1)(a) shall issue a report in relation to any significant adverse environmental or socio-economic effects of the activity to the proponent of the activity, the minister or first nation that requested the review and, if the federal minister consented to the request, the federal minister.

• Marginal note:Response to Board

  (3) A minister or first nation that requests a review shall provide the Board with a written response to the report of a panel of the Board.