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

Marginal note:Evaluations by multiple designated offices

53. An evaluation may be conducted, in the manner provided by the rules made under paragraph 31(2)(e), by two or more designated offices jointly or by one of them on behalf of the other or others, where

• (a) a single project is located in two or more assessment districts; or

• (b) a designated office considers projects located in two or more assessment districts to be closely related.

Marginal note:Withdrawal of project

• 54. (1) A proponent that intends not to proceed with a project shall give notice to that effect to any body that has conducted or is conducting an assessment of the project and to any decision body that is considering recommendations relating to the project.

• Marginal note:Discontinuance

  (2) Any assessment of a project conducted by a body that is notified under subsection (1), and any consideration of a recommendation made in respect of the project by a decision body notified under that subsection, shall be discontinued.

Marginal note:Preliminary determinations

• 55. (1) Where a proposal for a project is submitted to a designated office under paragraph 50(1)(b), the designated office shall

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

  • (b) determine whether the project will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation.

• Marginal note:Evaluation by designated office

  (2) A designated office shall commence the evaluation of a project as soon as possible after it notifies the proponent affirmatively under paragraph (1)(a).

• Marginal note:Information and views

  (3) A designated office may seek any information or views that it believes relevant to its evaluation.

• Marginal note:Information and views

  (4) Before making a recommendation under any of paragraphs 56(1)(a) to (c), a designated office shall seek views about the project, and information that it believes relevant to the evaluation, from any first nation identified under paragraph (1)(b) and from any government agency, independent regulatory agency or first nation that has notified the designated office of its interest in the project or in projects of that kind.

Marginal note:Conclusion of evaluation

• 56. (1) At the conclusion of its evaluation, a designated office shall

  • (a) recommend to the decision bodies for the project that the project be allowed to proceed, if it determines that the project will not have significant adverse environmental or socio-economic effects in or outside Yukon;

  • (b) recommend to those decision bodies that the project be allowed to proceed, subject to specified terms and conditions, if it determines that the project will have significant adverse environmental or socio-economic effects in or outside Yukon that can be mitigated by those terms and conditions;

  • (c) recommend to those decision bodies that the project not be allowed to proceed, if it determines that the project will have significant adverse environmental or socio-economic effects in or outside Yukon that cannot be mitigated; or

  • (d) refer the project to the executive committee for a screening if, after taking into account any mitigative measures included in the project proposal, it cannot determine whether the project will have significant adverse environmental or socio-economic effects.

• Marginal note:Notification

  (2) A recommendation under any of paragraphs (1)(a) to (c) shall be made in writing with reasons and a copy provided to the proponent.

• Marginal note:Notice of reasons for referral

  (3) The designated office shall provide written reasons for a referral under paragraph (1)(d) to the proponent, to any first nation identified under paragraph 55(1)(b) and to any government agency, independent regulatory agency or first nation that has notified the designated office of its interest in the project or in projects of that kind.

• Marginal note:Revised proposal

  (4) Following receipt of the reasons for referral, the proponent shall submit a revised proposal to the executive committee that takes into account the matters referred to in paragraphs 42(1)(b), (c) and (e) to (h).

• Marginal note:Documentation

  (5) Where a designated office refers a project to the executive committee, it shall provide the executive committee with copies of its documentation relating to the project.