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

Marginal note:Recommendation for non-referral rejected

• 59. (1) Where the executive committee recommends that a project not be referred for a review, but that recommendation is rejected by a decision body for the project and the decision body so notifies the executive committee in writing within 15 days after receiving the recommendation, the executive committee shall require a review of the project.

• Marginal note:Notice to Environment Minister

  (2) Where the executive committee is not notified within the 15-day period and there is no federal decision body for the project, the executive committee shall so advise the Minister of the Environment.

Marginal note:Review of project

• 60. (1) A request for a review of a project may be made to the executive committee

  • (a) by either the federal minister or the Minister of the Environment, if there is a federal decision body for the project;

  • (b) by the territorial minister, if the territorial minister is a decision body for the project; or

  • (c) by a first nation with the consent of the federal minister and, if the territorial minister is a decision body for the project, with the consent of the territorial minister.

• Marginal note:Joint request

  (2) A request for a review must be made jointly by the territorial minister and either the federal minister or the Minister of the Environment if the decision bodies for the project include both the territorial minister and a federal decision body.

• Marginal note:Exceptions

  (3) A request for a review may not be made if

  • (a) the executive committee has already required a review of the project under paragraph 58(1)(d) or subsection 58(2); or

  • (b) a recommendation has already been made in respect of the project by a designated office or the executive committee and all decision bodies to which the recommendation was made have issued decision documents.

• Marginal note:Form of review

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

• Marginal note:Pending assessments

  (5) Where a request is made for a review, any assessment of the project by a designated office or the executive committee or any consideration by a decision body of a recommendation made in respect of the project, as the case may be, shall be discontinued.

Marginal note:Requirement or request for review

• 61. (1) When the executive committee, under paragraph 58(1)(d) or subsection 58(2) or 59(1), requires a review of a project for which there is a federal decision body, or when a public review of such a project is requested under section 60, the executive committee shall

  • (a) notify the Minister of the Environment of its intention to establish a panel of the Board;

  • (b) request that Minister to appoint a review panel under subsection 33(1) of the Canadian Environmental Assessment Act or enter into an agreement for the joint establishment of a review panel in accordance with paragraph 40(2)(a) of that Act; or

  • (c) request that Minister to enter into negotiations for the establishment of a joint panel in accordance with section 67 of this Act.

• Marginal note:Consideration of effects outside Yukon

  (2) When the executive committee, under paragraph 58(1)(d) or subsection 58(2) or 59(1), requires a review of a project for which there is no federal decision body, or when a public review of such a project is requested under section 60, the executive committee shall

  • (a) if it determines that the project might have significant adverse environmental or socio-economic effects outside Yukon, make a request under paragraph (1)(b) or (c); or

  • (b) if it determines that the project will not have such effects, so notify that Minister.

• Marginal note:Response by Minister

  (3) The Minister of the Environment may, within 30 days after receiving a notification under paragraph (1)(a), direct the executive committee not to establish a panel of the Board, in which case the executive committee shall make a request under paragraph (1)(b) or (c).

• Marginal note:Determination by Minister

  (4) After receiving a notification of the executive committee’s determination under paragraph (2)(b), the Minister of the Environment may consider and determine the same question and, if that Minister advises the executive committee of a contrary determination within 30 days after the notification, the executive committee shall make a request under paragraph (1)(b) or (c).