Marginal note:Referral back to executive committee

64. The Minister of the Environment may refer a project back to the executive committee within 45 days after the last request for consent made by that Minister under subsection 63(3) or, where there are no first nations to which that subsection applies, within 45 days after notifying the executive committee of that Minister’s agreement to a request under paragraph 61(1)(b).

Panels of the Board

Marginal note:Establishment of panel

• 65. (1) Except where an agreement is entered into under section 67, the executive committee shall establish a panel of the Board to conduct a review of a project where

  • (a) a request is made under section 60 for a form of review other than a public review;

  • (b) the Minister of the Environment does not direct the executive committee as provided in subsection 61(3), does not advise the executive committee as provided in subsection 61(4) or does not agree to a request as provided in subsection 62(1); or

  • (c) the Minister of the Environment refers the project back to the executive committee under section 64.

• Marginal note:Failure to enter into agreement

  (2) The executive committee shall establish a panel of the Board to conduct a review of a project where, despite negotiations entered into under paragraph 61(1)(c) for the establishment of a joint panel, no agreement is concluded pursuant to section 67.

• Marginal note:Determination by executive committee

  (3) Before a panel of the Board is established, the executive committee shall determine whether the project is likely to have significant adverse environmental or socio-economic effects primarily on settlement land or on non-settlement land.

• Marginal note:Designation of members

  (4) The executive committee shall select the members of a panel of the Board for the review of a project from among the members of the Board, and shall designate one of them to be chairperson.

• Marginal note:Composition of panels

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

  • (a) if the executive committee concludes under subsection (3) that effects are likely to 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 (3) that effects are likely to 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

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

• Marginal note:Vacancies

  (7) 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 (5),

  • (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 the panel to recommence the review.

Marginal note:Terms of reference

• 66. (1) Subject to any specification as to the form of review referred to in subsection 60(4), the executive committee shall establish the terms of reference of a 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) 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; and

  • (b) if the panel’s terms of reference are subsequently modified, a notice of the manner in which the public may obtain copies of the modification and of the reasons for it.

• Marginal note:Determination by executive committee

  (3) In the case of a project that is the subject of a request referred to in paragraph 65(1)(a), the executive committee shall determine whether it will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation.

• Marginal note:Distribution of terms of reference

  (4) The executive committee shall provide copies of the terms of reference of a panel of the Board, and of any modification made to them with the reasons for it, to the proponent and any first nation identified under subsection (3) or 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.

Agreements for Joint Panels

Marginal note:Conclusion of agreement

• 67. (1) Where the Minister of the Environment agrees to a request made by the executive committee under paragraph 61(1)(c), the executive committee may, with the approval of the federal minister, enter into an agreement with the Minister of the Environment for the establishment of a joint panel to conduct a review of the project.

• Marginal note:Joint panel agreement

  (2) In circumstances referred to in paragraphs 65(1)(a) to (c), the executive committee may, with the approval of the federal minister, enter into an agreement for the purpose referred to in subsection (1) with

  • (a) the Minister of the Environment; or

  • (b) any authority having power to examine the environmental or socio-economic effects of the project, or of an activity that is to be undertaken partly outside Yukon and of which the project forms part.

• Marginal note:Contents of agreement

  (3) An agreement for the establishment of a joint panel must

  • (a) provide for the composition of the joint panel, the manner of appointment of its members and the selection of a chairperson;

  • (b) contain the terms of reference of the joint panel and indicate how they may be modified;

  • (c) require the joint panel to take into consideration the matters set out in subsections 42(1) to (3) in its review and permit it to take into consideration any other matter that it considers relevant;

  • (d) prescribe rules to be followed in the conduct of the review, including rules about the information to be provided by the proponent, the scheduling of the review, the quorum, the mode of participation of interested persons and the integration of scientific information, traditional knowledge and other information;

  • (e) name a person or body that consents to indemnify the members of the joint panel in accordance with subsection (5) and, if it is the Board, indicate that the federal minister concurs; and

  • (f) require that, on completion of the review, the joint panel submit a report to the decision bodies for the project and publish the report.

• Marginal note:Publication of notice

  (4) The executive committee shall publish, in a periodical that, in its opinion, has a large circulation in Yukon,

  • (a) a notice of the conclusion of an agreement for the establishment of a joint panel and the manner in which copies of the agreement may be obtained by the public; and

  • (b) a notice of any amendments made to the agreement and the manner in which copies of the amendments and the reasons for them may be obtained by the public.

• Marginal note:Indemnification of panel members

  (5) The members of a joint panel shall be indemnified by the person or body referred to in paragraph (3)(e) for all damages awarded against them, for any settlement paid by them with the approval of the federal minister and that person or body and for all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members that were carried out honestly and in good faith with a view to the best interests of the joint panel.

Marginal note:Preliminary determination

• 68. (1) Following the conclusion of an agreement for a joint panel, the executive committee shall 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:Distribution of terms of reference

  (2) The executive committee shall provide copies of the terms of reference of a joint panel, and of any modification made to them with the reasons for the modification, to the proponent of the project, to any first nation identified under subsection (1) and 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.

Marginal note:Equivalence of joint panel review

69. A review by a joint panel fulfils the requirements of any provision of this Act for a review by a panel of the Board.

Reviews of Projects by Panels

Marginal note:Conduct of panel review

• 70. (1) Subject to its terms of reference and any specification referred to in subsection 60(4), a panel of the Board or a joint panel established to review a project may determine any matter that it considers appropriate for the conduct of the review and shall determine

  • (a) a schedule for the review;

  • (b) the information to be provided by the proponent; and

  • (c) the manner of participation by first nations, residents of communities, the federal and territorial governments and interested persons.

• Marginal note:Determination by panel

  (2) Before commencing public hearings, a panel of the Board or a joint panel shall determine whether the project will be located, or might have significant adverse environmental or socio-economic effects, on the settlement land of a first nation or on non-settlement land.

• Marginal note:Location of hearings

  (3) A review of a project by a panel of the Board or a joint panel may include public hearings in any location chosen by the panel and, except in the case of a review requested under subsection 60(4) that is not a public review, shall include public hearings

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

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

• Marginal note:Combined public hearings

  (4) A public hearing held by a panel of the Board or a joint panel for the purposes of the review of a project may be combined with a public hearing held by any other body in relation to the project

  • (a) with the approval of the executive committee, in the case of a panel of the Board; or

  • (b) in accordance with an agreement made under section 67, in the case of a joint panel.