Yukon Environmental and Socio-economic Assessment Act

Marginal note:Conclusion of screening

• 58 (1) The executive committee shall, within 16 months after the day on which a proposal is submitted to it under paragraph 50(1)(a) or referred to it under paragraph 56(1)(d), conclude its screening of the project by

  • (a) recommending to the decision bodies for the project that the project be allowed to proceed without a review, if it determines that the project will not have significant adverse environmental or socio-economic effects in or outside Yukon;

  • (b) recommending to those decision bodies that the project be allowed to proceed without a review, 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;

  • (c) recommending to those decision bodies that the project not be allowed to proceed and not be subject to a review, 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; or

  • (d) requiring a review of the project, if, after taking into account any mitigative measures included in the project proposal, it cannot determine whether the project will have, or is likely to have, significant adverse environmental or socio-economic effects.

• Marginal note:Excluded period

  (1.1) If the executive committee requires the proponent of the project to provide or collect information or to undertake a study, the period that, in the executive committee’s opinion, is taken by the proponent to comply with the requirement is not included in the calculation of the time limit under subsection (1) or of its extension.

• Marginal note:Extension of time limit by federal minister

  (1.2) The federal minister may, at the request of the Board, extend the time limit referred to in subsection (1) by a maximum of two months to take into account circumstances that are specific to the proposal for a project.

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

  (1.3) 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:Review required — other cases

  (2) Irrespective of any determination made under subsection (1), the executive committee shall require a review of the project if

  • (a) it determines, after taking into account any mitigative measures included in the project proposal, that the project might contribute significantly to cumulative adverse environmental or socio-economic effects in Yukon or that the project is causing or is likely to cause significant public concern in Yukon; or

  • (b) it determines that the project involves technology that is controversial in Yukon or the effects of which are unknown.

• Marginal note:Notification

  (3) A recommendation under paragraph (1)(a), (b) or (c) shall be made in writing with reasons and a copy provided to the proponent.

• Marginal note:Notice of reasons for review

  (4) Where the executive committee requires a review under paragraph (1)(d) or subsection (2), it shall provide written reasons for doing so to the proponent and any first nation 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.