Yukon and Nunavut Regulatory Improvement Act (S.C. 2015, c. 19)
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Assented to 2015-06-18
PART 12003, c. 7YUKON ENVIRONMENTAL AND SOCIO-ECONOMIC ASSESSMENT ACT
Amendments to the Act
21. The Act is amended by adding the following after section 66:
Marginal note:Time limit
66.1 (1) The executive committee shall establish a panel of the Board, and fix its terms of reference, within three months after the day on which it is required to do so under subsection 65(1) or (2).
Marginal note:Excluded period
(2) 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 committee’s opinion, is taken by that 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
(3) The federal minister may, at the request of the executive committee, 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
(4) 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:Agreement — coordination
66.2 (1) The executive committee may, with the approval of the federal minister, enter into an agreement with any authority that has powers, duties or functions in relation to reviewing the effects of that portion of the project that is to be carried out outside Yukon for the purpose of coordinating their reviews.
Marginal note:Government of foreign state
(2) The federal minister and the Minister of Foreign Affairs may, after consultation with the executive committee, enter into an agreement referred to in subsection (1) if the authority is a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government.
Marginal note:For greater certainty
(3) For greater certainty, the fact that a panel of the board is coordinating its review with another authority does not permit the panel to make a recommendation concerning the portion of the project to be carried out outside Yukon.
22. (1) Subsection 67(1) of the Act is replaced by the following:
Marginal note:Conclusion of agreement with Minister of Environment
67. (1) If the Minister of the Environment agrees to a request made by the executive committee under paragraph 61(1)(b), 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.
(2) The portion of subsection 67(2) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Joint panel agreement
(2) In circumstances referred to in subsection 65(1), the executive committee may, with the approval of the federal minister, enter into an agreement for the purpose referred to in subsection (1) with
23. (1) Paragraphs 72(4)(b) and (c) of the Act are replaced by the following:
(b) the project be allowed to proceed, 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; or
(c) the project not be allowed to proceed, 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.
(2) Section 72 of the Act is amended by adding the following after subsection (4):
Marginal note:Time limit — panel of the Board
(4.1) A panel of the Board shall make the recommendations referred to in subsection (4) within 15 months after the day on which the panel is established under subsection 65(1) or (2).
Marginal note:Excluded period
(4.2) If a panel of the Board requires the proponent of the project to provide or collect information or to undertake a study, the period that, in the panel’s opinion, is taken by the proponent to comply with the requirement is not included in the calculation of the time limit under subsection (4.1) or of its extension.
Marginal note:Extension of time limit by federal minister
(4.3) The federal minister may, at the request of the Board, extend the time limit referred to in subsection (4.1) by a maximum of two months to take into account circumstances that are specific to a proposal for a project.
Marginal note:Extension of time limit by Governor in Council
(4.4) 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.
24. Section 73 of the Act is repealed.
25. Section 75 of the Act is replaced by the following:
Marginal note:Decision on recommendation from designated office or joint panel
75. If a designated office or a joint panel makes a recommendation to a decision body, the decision body shall issue a decision document within the period prescribed by the regulations accepting, rejecting or varying the recommendation.
26. The portion of subsection 76(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Decision on recommendation from executive committee or panel of Board
76. (1) Subject to section 59, if the executive committee or a panel of the Board makes a recommendation to a decision body, the decision body shall, within the period prescribed by the regulations,
27. Subsection 77(2) of the Act is replaced by the following:
Marginal note:Time limits
(2) The executive committee or panel of the Board shall make a new recommendation to the decision bodies in respect of the project within the period prescribed by the rules, which is not to exceed 60 days for a screening by the executive committee or 90 days for a review by a panel of the Board. If it does not make such a recommendation, it is deemed to have made the same recommendation that it made at the conclusion of its screening or review.
28. (1) Paragraphs 81(1)(d) and (e) of the Act are replaced by the following:
(d) the executive committee, if the recommendation to the decision body was made by the executive committee, a panel of the Board or a joint panel;
(2) Subsection 81(2) of the English version of the Act is replaced by the following:
Marginal note:Decision not in conformity with land use plan
(2) If a decision document allows a project to be undertaken not in conformity with a regional land use plan referred to in section 44, the decision body shall provide a copy of the decision document to the planning commission and to any person or body that approved the plan.
29. The Act is amended by adding the following after section 88:
Marginal note:For greater certainty
88.1 For greater certainty, an independent regulatory agency, a government agency or a first nation may impose, to the extent of its jurisdiction and authority to do so, terms and conditions that are in addition to, or more stringent than, those referred to in the decision documents.
30. The Act is amended by adding the following after section 93:
Cost Recovery
Marginal note:Proponent’s obligation to pay costs
93.1 (1) In order for the federal minister to recover costs that are incurred in the course of a review of a project, the proponent of the project must pay to the federal minister
(a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the functions of the Board or its members or of members of a panel of the Board or a joint panel;
(b) any costs incurred by the Board for services that are prescribed by the regulations and that are provided to it by a third party; and
(c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the federal minister.
Marginal note:Limited period
(2) For the purposes of subsection (1), the services, powers, duties or functions described in that subsection are limited to those provided, exercised or performed during the period that begins when the executive committee is required to establish a panel of the Board under subsection 65(1) or (2) and ends when a decision document is issued by each of the decision bodies to whom the panel of the Board or joint panel, as the case may be, made a recommendation in respect of the project.
Marginal note:Debt due to Her Majesty
(3) The amounts and costs that the proponent must pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
31. (1) Section 112 of the Act is amended by adding the following after subsection (1):
Marginal note:Collaboration
(1.1) With the approval of the ministers and first nations that request or consent to a study or research under subsection (1), the executive committee may conduct the study or research in collaboration with any other body.
(2) Section 112 of the Act is amended by adding the following after subsection (2):
Marginal note:Obtaining information
(3) Subject to any other Act of Parliament, territorial law or first nation law, the executive committee may obtain from any first nation, government agency or independent regulatory agency any information in their possession that the executive committee requires for the purpose of conducting a study or research.
32. Subsection 113(1) of the Act is replaced by the following:
Marginal note:Report of executive committee
113. (1) The executive committee shall submit a report on the results of a study or of research undertaken under section 112 to the minister or first nation that requested or consented to it and shall, as soon as feasible after submitting the report, make it available to the public. The executive committee may include recommendations in the report.
33. Paragraph 118(c) of the English version of the Act is replaced by the following:
(c) a record of authorizations, grants of interest in land and provisions of financial assistance in respect of which the Board has been notified under section 89.
34. The Act is amended by adding the following after section 121:
Policy Directions
Marginal note:Minister’s policy directions
121.1 (1) The federal minister may, after consultation with the Board, give written policy directions that are binding on the Board with respect to the exercise or performance of any of its powers, duties or functions under this Act.
Marginal note:Limitation
(2) Policy directions do not apply in respect of any proposal for a project that, at the time the directions are given, has been submitted to a designated office, the executive committee or a panel of the Board.
Marginal note:Publication
(3) Immediately after giving a policy direction to the Board, the federal minister shall cause a notice to be published in the Canada Gazette stating that the direction will be published by the Board on its Internet site. Immediately after receiving the direction, the Board shall publish them on its Internet site and may also make it accessible by any other means that the Board considers appropriate.
Marginal note:Statutory Instruments Act
(4) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of the policy directions.
35. Paragraph 122(d) of the Act is replaced by the following:
(d) prescribing periods for the purposes of section 75 or subsection 76(1) or 77(3);
36. The Act is amended by adding the following after section 122:
Marginal note:Power of Governor in Council
122.1 The Governor in Council may, following consultation by the federal minister with the territorial minister, first nations, the Council and the Board, make regulations respecting the recovery of costs for the purposes of section 93.1, including prescribing amounts and services for that section and exempting any class of proponents or class of projects from the application of that section.
37. Paragraphs 123(a) and (b) of the French version of the Act are replaced by the following:
a) ajouter à la partie 1 de l’annexe le nom de tout organisme chargé, aux termes d’un texte législatif fédéral autre que la Loi sur le Yukon, de délivrer des autorisations dont les conditions ne sont pas susceptibles d’être modifiées par le gouverneur en conseil ou un ministre du gouvernement fédéral;
b) ajouter à la partie 2 de l’annexe le nom de tout organisme chargé, sous le régime de la Loi sur le Yukon, de délivrer des autorisations dont les conditions ne sont pas susceptibles d’être modifiées par le commissaire du Yukon ou un ministre du gouvernement territorial;
38. Part 1 of the schedule to the Act is amended by adding the following in alphabetical order:
Canadian Nuclear Safety Commission
Commission canadienne de sûreté nucléaire
Transitional Provisions
Marginal note:Ongoing projects
39. (1) Subject to subsection (2), the Yukon Environmental and Socio-economic Assessment Act, as it read immediately before the day on which this Act receives royal assent, continues to apply to a proposal for a project that was submitted before that day.
Marginal note:Time limits
(2) Section 46.1 and subsections 56(1) to (1.3), 58(1) to (1.3) and 72(4.1) to (4.4) of the Yukon Environmental and Socio-economic Assessment Act, as they read on the day on which this Act receives royal assent, apply to any project in respect of which the evaluation, screening or review has begun before that day but no decision has yet been made, and the time limits, including any extensions, that are referred to in those subsections are counted from that day.
Marginal note:Northern Pipeline
40. The Yukon Environmental and Socio-economic Assessment Act, as it read immediately before the day on which this Act receives royal assent, continues to apply to the pipeline that is referred to in the Northern Pipeline Act.
PART 22002, c. 10NUNAVUT WATERS AND NUNAVUT SURFACE RIGHTS TRIBUNAL ACT
Amendments to the Act
41. (1) The definition “waters” in section 4 of the Nunavut Waters and Nunavut Surface Rights Tribunal Act is replaced by the following:
“waters”
« eaux »
“waters” means inland waters, whether in a liquid or solid state, on or below the surface of land.
(2) The definition zones marines in section 4 of the French version of the Act is replaced by the following:
« zones marines »
“marine area”
zones marines S’entend des eaux, recouvertes de glace ou non, de la région du Nunavut — à l’exclusion des eaux internes —, ainsi que de leur fond et de leur sous-sol.
(3) Section 4 of the Act is amended by adding the following in alphabetical order:
“penalty”
« pénalité »
“penalty” means an administrative monetary penalty imposed for a violation.
42. The Act is amended by adding the following after section 43:
Marginal note:Notice — on Board’s initiative
43.1 (1) The Board shall give notice of its intention to consider, on its own initiative, the amendment of a condition of a licence under subparagraph 43(1)(b)(ii) or (iii) or the cancellation of a licence under subparagraph 43(1)(c)(ii) or (iii), by publishing a notice on its Internet site, in the public registry, in the Canada Gazette or in a newspaper or other periodical that, in its opinion, has a large circulation in Nunavut.
Marginal note:Exception
(2) Subsection (1) does not apply if the Board, with the consent of the Minister, declares the amendment or the cancellation to be required on an emergency basis.
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