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

Assented to 2003-05-13

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. The Yukon Territory Water Board may not, under the Yukon Waters Act,

  • (a) issue a licence if the issuance of a licence is contrary to a decision document issued by another federal agency or a decision document that a territorial agency, municipal government or first nation is required by subsection 83(2) or 84(2) or (3) to implement; or

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

Marginal note:Federal independent regulatory agencies

  • 87. (1) A federal independent regulatory agency shall 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 National Energy Board, 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 National Energy Board, 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 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:National Energy Board

    (3) The National Energy Board shall

    • (a) when it requires that a project be undertaken or provides financial assistance for a project, 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: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.