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

Cost Recovery

Marginal note:Proponent’s obligation to pay costs

• 93.1 (1) In order for the federal minister to recover costs that are incurred in the course of a review of a project, the proponent of the project must pay to the federal minister

  • (a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the functions of the Board or its members or of members of a panel of the Board or a joint panel;

  • (b) any costs incurred by the Board for services that are prescribed by the regulations and that are provided to it by a third party; and

  • (c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal minister.

• Marginal note:Limited period

  (2) For the purposes of subsection (1), the services, powers, duties or functions described in that subsection are limited to those provided, exercised or performed during the period that begins when the executive committee is required to establish a panel of the Board under subsection 65(1) or (2) and ends when a decision document is issued by each of the decision bodies to whom the panel of the Board or joint panel, as the case may be, made a recommendation in respect of the project.

• Marginal note:Debt due to Her Majesty

  (3) The amounts and costs that the proponent must pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

Existing Projects

Definition of administrative authority

• 94 (1) In sections 95 to 101, administrative authority, in relation to a review of an existing project, means a government agency, an independent regulatory agency, a municipal government or a first nation that

  • (a) is the operator of the existing project,

  • (b) has the power to assume the operation of or to shut down the existing project, or

  • (c) has the power to amend, suspend or revoke an authorization that was issued, or to modify, suspend or withdraw an interest in land that was granted, to enable the existing project to be undertaken or completed,

  and includes the Governor in Council, if the Governor in Council has a power referred to in paragraph (b) or (c).

• Definition of operator

  (2) In subsection (1) and sections 95 to 101, operator, in relation to an existing project, means the person or body responsible for its operation.

Marginal note:Request for panel review

• 95 (1) The executive committee shall establish a panel of the Board to conduct a review of an existing project, of a proposed abandonment, decommissioning or temporary shutdown of an existing project, or of a proposed significant change to an existing project other than a change that is subject to assessment under any other provision of this Act,

  • (a) at the request of the federal minister, if there is an administrative authority for the existing project that is a federal agency or federal independent regulatory authority;

  • (b) at the request of the territorial minister, if there is an administrative authority for the existing project that is established by or under the Yukon Act; or

  • (c) at the request of a first nation and with the consent of

    • (i) the federal minister, and

    • (ii) the territorial minister, where a territorial agency, a municipal government or a territorial independent regulatory agency is an administrative authority for the existing project.

• Marginal note:Joint request

  (2) A request for a review must be made jointly by the federal and territorial ministers if there are administrative authorities described in paragraphs (1)(a) and (b).

• Marginal note:Consent of first nation

  (3) If a first nation is an administrative authority for an existing project, a request for a review by the federal or territorial minister may only be made with the first nation’s consent.

• Marginal note:Form of review

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

• Marginal note:Discontinuance

  (5) If any minister or first nation that requested a review withdraws the request, the panel conducting the review shall discontinue it.

Marginal note:Designation of members

• 96 (1) The executive committee shall select the members of a panel of the Board, including its chairperson, from among the members of the Board.

• Marginal note:Determination by executive committee

  (2) Before the executive committee establishes a panel of the Board, it shall

  • (a) if the request is for the review of the existing project, determine whether the existing project is having or might subsequently have significant adverse environmental or socio-economic effects primarily on settlement land of a first nation or on non-settlement land; or

  • (b) if the request is for the review of a proposed abandonment, decommissioning, temporary shutdown or significant change, determine whether it might have significant adverse environmental or socio-economic effects primarily on settlement land of a first nation or on non-settlement land.

• Marginal note:Composition of panels

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

  • (a) if the executive committee concludes under subsection (2) that effects are occurring or might 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 (2) that effects are occurring or might 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

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

• Marginal note:Vacancies

  (5) 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 (3),

  • (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 it to recommence the review.

Marginal note:Terms of reference

• 97 (1) Subject to any specification as to the form of review referred to in subsection 95(4), the executive committee shall set the terms of reference of the 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 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.

• Marginal note:Modification of terms of reference

  (3) If a panel’s terms of reference are modified, the executive committee shall publish in a periodical referred to in subsection (2) a notice of the manner in which the public may obtain copies of the modification and of the reasons for it.

• Marginal note:Distribution of terms of reference

  (4) The executive committee shall provide copies of the terms of reference, and of any modification made to them with the reasons for the modification, to the operator of the existing project, to any minister or first nation that requested or consented to the review, to any first nation identified under subsection 96(2) and to any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the existing project or in existing projects of that kind.

Marginal note:Commencement of review

• 98 (1) A panel of the Board established under section 95 shall commence its review as soon as possible after it notifies the operator and the administrative authority that, in its opinion, the applicable rules have been complied with.

• Marginal note:Power to require additional information

  (2) A panel of the Board may, before or after commencing its review, require the operator to provide any supplementary information that it considers necessary for the review.

Marginal note:Judicial powers of panels

• 99 (1) A panel of the Board has, for the purposes of its review, the powers, rights and privileges of a superior court with respect to the attendance and examination of witnesses and the production and inspection of documents and other evidence.

• Marginal note:Enforcement by court process

  (2) A summons issued or order made by a panel of the Board under subsection (1) may be made a summons or order of a superior court by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court.

Marginal note:Preliminary determination

• 100 (1) A panel of the Board established pursuant to a request that specified a public review shall determine whether the existing project is located on the settlement land of a first nation or on non-settlement land.

• Marginal note:Determination by panel

  (2) A panel of the Board referred to in subsection (1) shall

  • (a) if the request is for the review of the existing project, determine whether the existing project is having, or might subsequently have, significant adverse environmental or socio-economic effects on settlement land of a first nation or on non-settlement land; or

  • (b) if the request is for the review of a proposed abandonment, decommissioning, temporary shutdown or significant change, determine whether it might have significant adverse environmental or socio-economic effects on settlement land of a first nation or on non-settlement land.

• Marginal note:Location of hearings

  (3) A review by a panel of the Board established under section 95 may include public hearings in any location chosen by the panel and, where the request under that section is for a public review, shall include public hearings in the following locations:

  • (a) in a community within the territory of each first nation, other than the Tetlit Gwich’in, whose settlement land is identified under subsection (1) or (2) — unless the panel and the first nation agree otherwise;

  • (b) in a community within the Gwich’in settlement area referred to in the Gwich’in Agreement, if Tetlit Gwich’in Yukon land is settlement land identified under subsection (1) or (2) — unless the panel and the Gwich’in Tribal Council agree otherwise; and

  • (c) in the community in Canada closest to the existing project, if non-settlement land is identified under subsection (1) or (2) — unless another location in Canada is agreed on for that purpose by the panel, the operator, the decision bodies for the project and any first nation whose settlement land is identified under subsection (1) or (2).

Marginal note:Recommendations of panel

• 101 (1) A panel of the Board established under section 95 shall make a written report of its review to the minister or first nation that requested the review, in which the panel may make any recommendation based on the review that it considers to be appropriate.

• Marginal note:Copy of report

  (2) A copy of the report of a panel of the Board shall be provided to the operator of the existing project, every administrative authority in respect of the existing project and any minister that consented to the request for the review.

• Marginal note:Consideration of recommendations

  (3) The minister or first nation that requested a review shall give full and fair consideration to any recommendations made by a panel of the Board and shall provide a written response to the Board describing any action that they plan to take in response to the report.

Plans

Definition of originator

102 In sections 103 to 109, originator means the government agency, first nation or other body by or for which a plan is prepared.