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

Act current to 2024-05-28 and last amended on 2019-08-28. Previous Versions

PART 2Assessment Process and Decision Documents (continued)

Implementation of Decision Documents (continued)

Marginal note:Interpretation

 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

 A body established by territorial law and having jurisdiction in relation to rights in respect of waters may not, under territorial law,

  • (a) grant or renew rights in respect of waters contrary to a decision document issued by a federal agency or a decision document that is to be implemented by a territorial agency, municipal government or first nation under subsection 83(2) or 84(2) or (3); or

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

  • 2003, c. 7, ss. 86, 133

Marginal note:Federal independent regulatory agencies

  •  (1) A federal independent regulatory agency must 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 Canadian Energy Regulator, 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 Canadian Energy Regulator, must

    • (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:Commission of the Canadian Energy Regulator

    (3) The Commission of the Canadian Energy Regulator must

    • (a) when it requires that a project be undertaken, 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:Canadian Energy Regulator

    (4) The Canadian Energy Regulator must take into consideration any decision document issued by a federal decision body or the territorial minister when it provides financial assistance for a project.

Marginal note:Territorial independent regulatory agencies

  •  (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.

Marginal note:For greater certainty

 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.

  • 2015, c. 19, s. 29

Marginal note:Notice of actions taken following decision

 Following the issuance of a decision document allowing a project to be undertaken, every government agency, municipal government, independent regulatory agency and first nation shall notify the Board whenever it

  • (a) issues any authorization required for the project to be undertaken, or amends or revokes that authorization;

  • (b) grants any interest in land required for the project to be undertaken, or modifies or withdraws that interest; or

  • (c) provides any financial assistance that enables the project to be undertaken, or alters or cancels that assistance.

Projects on Yukon North Slope

Marginal note:Definitions

  •  (1) The following definitions apply in this section and section 91.

    Agreement

    Agreement means the Inuvialuit Final Agreement, given effect by the Western Arctic (Inuvialuit) Claims Settlement Act, chapter 24 of the Statutes of Canada, 1984, as it read on the date that the Yukon First Nations Land Claims Settlement Act came into force. (convention)

    Screening Committee

    Screening Committee and Review Board mean the Environmental Impact Screening Committee and the Environmental Impact Review Board, respectively, established by section 11 of the Agreement. (Bureau d’examen des répercussions environnementales et Comité d’étude des répercussions environnementales)

    Yukon North Slope

    Yukon North Slope has the same meaning as in section 12 of the Agreement. (Versant nord du Yukon)

  • Marginal note:Additional consideration

    (2) In an assessment of a project located on the Yukon North Slope, a designated office, the executive committee or a panel of the Board shall take into consideration, in addition to the matters set out in subsections 42(1) to (3), the need to protect the rights of the Inuvialuit under the Agreement, and may take into consideration any matter that it considers relevant.

  • Marginal note:Recommendations re project

    (3) Where a recommendation is made by a designated office, the executive committee or a panel of the Board in respect of a project located on the Yukon North Slope, a copy of the recommendation including reasons shall be provided to the Screening Committee.

  • Marginal note:Reasons for panel review

    (4) Where the executive committee requires that a project located on the Yukon North Slope be reviewed by a panel of the Board, the executive committee shall provide its reasons for doing so to the Screening Committee.

Marginal note:Examination by Screening Committee or Review Board

  •  (1) When the Screening Committee or Review Board examines a project located on the Yukon North Slope, the competent government authority that receives its report or recommendation pursuant to the Agreement shall provide a copy of the authority’s response to the report or recommendation to the Board and to the designated office in whose assessment district the project is located.

  • Marginal note:Referral by Screening Committee to Review Board

    (2) Where a project located on the Yukon North Slope is referred to the Review Board by the Screening Committee,

    • (a) the provisions of this Part relating to assessments and decision documents cease to apply in respect of the project; and

    • (b) any panel of the Board already established to review the project shall provide the Review Board with copies of all documents relating to the project.

Collaboration and External Activities

Marginal note:Collaboration on projects

  •  (1) In the assessment of a project that forms part of an activity to be located wholly or partly in Yukon, a designated office or the executive committee shall collaborate, to the extent practicable, with any other body proposing to examine the activity’s environmental or socio-economic effects.

  • Marginal note:Adoption of report

    (2) Where a body referred to in subsection (1) issues a report of its examination, the designated office or the executive committee may, in lieu of all or part of its assessment of the project, adopt any portions of the report that, in its opinion, fulfil any of the requirements of this Act.

Marginal note:External activities affecting Yukon

  •  (1) At the request of the federal minister or the Minister of the Environment — or at the request of the territorial minister or a first nation and at their expense, unless the federal minister consents to the request — the executive committee may, in respect of an activity outside Yukon that, in its opinion, has or will have significant adverse environmental or socio-economic effects in Yukon,

    • (a) establish a panel of the Board to conduct a review of the activity, in accordance with an agreement entered into by the executive committee with the requesting minister or first nation; or

    • (b) participate in a consideration of the environmental and socio-economic effects of the activity conducted by a public body outside Yukon, in a manner specified in the request and accepted by that body.

  • Marginal note:Report by panel

    (2) A panel of the Board referred to in paragraph (1)(a) shall issue a report in relation to any significant adverse environmental or socio-economic effects of the activity to the proponent of the activity, the minister or first nation that requested the review and, if the federal minister consented to the request, the federal minister.

  • Marginal note:Response to Board

    (3) A minister or first nation that requests a review shall provide the Board with a written response to the report of a panel of the Board.

Cost Recovery

Marginal note:Proponent’s obligation to pay costs

  •  (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.

  • 2015, c. 19, s. 30

Existing Projects

Definition of administrative authority

  •  (1) In sections 95 to 101, administrative authority, in relation to a review of an existing project, means a government agency, an independent regulatory agency, a municipal government or a first nation that

    • (a) is the operator of the existing project,

    • (b) has the power to assume the operation of or to shut down the existing project, or

    • (c) has the power to amend, suspend or revoke an authorization that was issued, or to modify, suspend or withdraw an interest in land that was granted, to enable the existing project to be undertaken or completed,

    and includes the Governor in Council, if the Governor in Council has a power referred to in paragraph (b) or (c).

  • Definition of operator

    (2) In subsection (1) and sections 95 to 101, operator, in relation to an existing project, means the person or body responsible for its operation.

Marginal note:Request for panel review

  •  (1) The executive committee shall establish a panel of the Board to conduct a review of an existing project, of a proposed abandonment, decommissioning or temporary shutdown of an existing project, or of a proposed significant change to an existing project other than a change that is subject to assessment under any other provision of this Act,

    • (a) at the request of the federal minister, if there is an administrative authority for the existing project that is a federal agency or federal independent regulatory authority;

    • (b) at the request of the territorial minister, if there is an administrative authority for the existing project that is established by or under the Yukon Act; or

    • (c) at the request of a first nation and with the consent of

      • (i) the federal minister, and

      • (ii) the territorial minister, where a territorial agency, a municipal government or a territorial independent regulatory agency is an administrative authority for the existing project.

  • Marginal note:Joint request

    (2) A request for a review must be made jointly by the federal and territorial ministers if there are administrative authorities described in paragraphs (1)(a) and (b).

  • Marginal note:Consent of first nation

    (3) If a first nation is an administrative authority for an existing project, a request for a review by the federal or territorial minister may only be made with the first nation’s consent.

  • Marginal note:Form of review

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

  • Marginal note:Discontinuance

    (5) If any minister or first nation that requested a review withdraws the request, the panel conducting the review shall discontinue it.

Marginal note:Designation of members

  •  (1) The executive committee shall select the members of a panel of the Board, including its chairperson, from among the members of the Board.

  • Marginal note:Determination by executive committee

    (2) Before the executive committee establishes a panel of the Board, it shall

    • (a) if the request is for the review of the existing project, determine whether the existing project is having or might subsequently have significant adverse environmental or socio-economic effects primarily on settlement land of a first nation or on non-settlement land; or

    • (b) if the request is for the review of a proposed abandonment, decommissioning, temporary shutdown or significant change, determine whether it might have significant adverse environmental or socio-economic effects primarily on settlement land of a first nation or on non-settlement land.

  • Marginal note:Composition of panels

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

    • (a) if the executive committee concludes under subsection (2) that effects are occurring or might 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 (2) that effects are occurring or might 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

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

  • Marginal note:Vacancies

    (5) 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 (3),

    • (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 it to recommence the review.

 

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