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Yukon and Nunavut Regulatory Improvement Act (S.C. 2015, c. 19)

Assented to 2015-06-18

Yukon and Nunavut Regulatory Improvement Act

S.C. 2015, c. 19

Assented to 2015-06-18

An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act

SUMMARY

Part 1 amends the Yukon Environmental and Socio-economic Assessment Act to provide that the Canadian Environmental Assessment Act, 2012 does not apply in Yukon, to allow for the coordination of reviews of transboundary projects, to establish time limits for environmental assessments and to establish a cost recovery regime. It also amends that Act to provide for binding ministerial policy directions to the Board and the delegation of any of the Minister’s powers, duties and functions to the territorial minister, and allows for a member of the board who is participating in a screening or review to continue to act for that purpose after the expiry of their term or their removal due to a loss of residency in Yukon, until decision documents are issued. In addition, it amends that Act to clarify that a new assessment of a project is not required when an authorization is renewed or amended unless there has been any significant change to the original project.

Part 2 amends the Nunavut Waters and Nunavut Surface Rights Tribunal Act to modify the maximum term of certain licences, to establish time limits with respect to the making of certain decisions, to allow for the making of arrangements relating to security, to establish a cost recovery regime, to modify the offence and penalty regime and to create an administrative monetary penalty scheme.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Yukon and Nunavut Regulatory Improvement Act.

PART 12003, c. 7YUKON ENVIRONMENTAL AND SOCIO-ECONOMIC ASSESSMENT ACT

Amendments to the Act

 Section 6 of the Yukon Environmental and Socio-economic Assessment Act is replaced by the following:

Marginal note:Non-application

6. The Canadian Environmental Assessment Act, 2012 does not apply in Yukon.

Marginal note:Delegation to territorial Minister
  • 6.1 (1) The federal minister may delegate, in writing, to the territorial minister all or any of the federal minister’s powers, duties or functions under this Act, either generally or as otherwise provided in the instrument of delegation.

  • Marginal note:Notice

    (2) The federal minister must notify the first nations in writing of any such delegation.

 Subsection 8(3) of the Act is replaced by the following:

  • Marginal note:Executive committee

    (3) One member of the executive committee referred to in paragraph (1)(a) shall be appointed on the nomination of the Council, another on the nomination of the territorial minister and the third, being the Chairperson of the Board, following consultation by the federal minister with the other two members.

 Section 10 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Acting after expiry of term

    (4) If a member is a member of the executive committee or of a panel of the Board and, while that committee or panel is conducting a screening or review of a project, their term expires before a decision document is issued by each decision body to whom the committee or panel has made a recommendation in respect of that project, they may — in accordance with the by-laws of the Board or, in the absence of an applicable by-law, the direction of the Chairperson — continue to perform their functions in relation to that screening or review until those decision documents are issued. For the purpose of the appointment of a replacement, the member’s office is considered to be vacant as soon as their term expires.

 Section 11 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Acting after removal of member

    (4) If a member is a member of the executive committee or of a panel of the Board and, while that committee or panel is conducting a screening or review of a project, they are removed from office under subsection (2) before a decision document is issued by each decision body to whom the committee or panel has made a recommendation in respect of that project, they may — in accordance with the by-laws of the Board or, in the absence of an applicable by-law, the direction of the Chairperson — continue to perform their functions in relation to that screening or review until those decision documents are issued. For the purpose of the appointment of a replacement, the member’s office is considered to be vacant as soon as they are removed from office.

 Paragraph 30(1)(d) of the Act is replaced by the following:

  • (d) the periods, for each step from the submission or referral of a proposal to the conclusion of the screening or review of the project or existing project, within which the executive committee and panels of the Board must perform their functions.

 Paragraph 31(2)(f) of the Act is replaced by the following:

  • (f) the periods, for each step from the submission of a proposal to the conclusion of the evaluation of the project or existing project, within which designated offices must perform their functions.

 Section 35 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

  • (c) respecting the performance of a member’s functions for the purposes of subsections 10(4) and 11(4).

  •  (1) Paragraph 42(1)(d) of the Act is replaced by the following:

    • (d) the significance of any adverse cumulative environmental or socio-economic effects that have occurred or might occur in connection with the project or existing project in combination with the effects of other projects for which proposals have been submitted under subsection 50(1) or any activities that have been carried out, are being carried out or are likely to be carried out in or outside Yukon;

    • (d.1) any studies or research undertaken under subsection 112(1) that are relevant to the project or existing project;

    • (d.2) the need for effects monitoring;

  • (2) Subsection 42(1) of the Act is amended by adding the following after paragraph (g):

    • (g.1) the interests of first nations;

  • (3) Subsection 42(2) of the Act is replaced by the following:

    • Marginal note:Additional matters to be considered

      (2) In addition to the matters referred to in subsection (1), the executive committee or a panel of the Board shall take into consideration the capacity of any renewable resources that are likely to be significantly affected by the project or existing project to meet present and future needs.

    • Marginal note:Potential activities of third parties

      (2.1) If the proponent is a government agency or first nation and the project or existing project concerns planning activities related to timber harvesting, the designated office, executive committee or panel of the Board shall take into consideration any potential activities of third parties that, if proposed to be undertaken, would be subject to an assessment under section 47 or 48.

 Section 43 of the Act is renumbered as subsection 43(1) and is amended by adding the following:

  • Marginal note:Suspension

    (2) If the proponent fails to provide the required supplementary information within the period prescribed by the rules, the designated office, executive committee or panel of the Board may suspend its assessment activities until the proponent provides that information and it must make the reasons for the suspension public if it does so.

  • Marginal note:Termination of assessment

    (3) If a proponent does not provide the required supplementary information within two years after the day on which the request is made, the assessment of the project is discontinued, unless the Board grants an extension of that period.

  • Marginal note:Extension of time limit

    (4) The Board may extend the period referred to in subsection (3) by a maximum of one year.

  • Marginal note:Interpretation

    (5) For greater certainty, the proponent may submit a new proposal in relation to the project in accordance with section 50.

  • Marginal note:Consideration of previous assessments

    (6) In conducting an assessment of the project to which the new proposal relates, a designated office, the executive committee or a panel of the Board must consider, and may rely on, any assessment activities previously carried out under this Act in respect of the project.

 The Act is amended by adding the following after section 46:

Time Limits

Marginal note:Authority and validity

46.1 The failure of the federal minister, the Minister of the Environment, the territorial minister, the Board, a decision body, a designated office, the executive committee, a panel of the Board or a joint panel to exercise a power or perform a duty or function within a period provided for under this Act does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise or performance of their powers, duties or functions.

 Paragraph 47(2)(a) of the Act is replaced by the following:

  • (a) a federal agency or federal independent regulatory agency is the proponent;

 Paragraphs 48(1)(a) and (b) of the Act are replaced by the following:

  • (a) a federal agency that is the proponent of the activity or that has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken;

  • (b) the federal minister, if the Governor in Council has the power to issue an authorization required for the activity to be undertaken or if a federal independent regulatory agency is the proponent of the activity or has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken;

 The Act is amended by adding the following after section 49:

Marginal note:No significant change
  • 49.1 (1) A new assessment of a project or existing project is not required when an authorization is renewed or amended unless, in the opinion of a decision body for the project, there is a significant change to the original project that would otherwise be subject to an assessment.

  • Marginal note:Consultation between decision bodies

    (2) If there is more than one decision body for the project, they shall consult one another in determining whether a new assessment is required.

 Subsection 50(2) of the Act is replaced by the following:

  • Marginal note:Considerations by proponent

    (2) The proponent of a project shall, in preparing a proposal, incorporate any appropriate mitigative measures and take into consideration the matters referred to in paragraphs 42(1)(b), (c), (e) and (f) and, if applicable, subsection 42(2.1), in the case of a proposal submitted to a designated office, or the matters referred to in those paragraphs, paragraphs 42(1)(g) to (h) and, if applicable, subsection 42(2.1), in the case of a proposal submitted to the executive committee.

 Subsection 56(1) of the Act is replaced by the following:

Marginal note:Conclusion of evaluation
  • 56. (1) A designated office shall, within nine months after the day on which a proposal is submitted to it under paragraph 50(1)(b), conclude its evaluation of the project by

    • (a) recommending 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) recommending 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, 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;

    • (c) recommending to those decision bodies that 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; or

    • (d) referring 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, or is likely to have, significant adverse environmental or socio-economic effects.

  • Marginal note:Excluded period

    (1.1) If the designated office requires the proponent of the project to provide or collect information or to undertake a study, the period that, in the designated office’s opinion, is taken by the 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

    (1.2) The federal minister may, at the request of the Board, 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

    (1.3) 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.

 

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