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

Marginal note:Consultation

3 Where, in relation to any matter, a reference is made in this Act to consultation, the duty to consult shall be exercised

• (a) by providing, to the party to be consulted,

  • (i) notice of the matter in sufficient form and detail to allow the party to prepare its views on the matter,

  • (ii) a reasonable period for the party to prepare its views, and

  • (iii) an opportunity to present its views to the party having the duty to consult; and

• (b) by considering, fully and fairly, any views so presented.

Marginal note:Final agreement prevails

4 In the event of an inconsistency or conflict between a final agreement and this Act, the agreement prevails to the extent of the inconsistency or conflict.

General

Marginal note:Effect of Act

• 5 (1) This Act gives effect to provisions of the Umbrella Final Agreement respecting assessment of environmental and socio-economic effects.

• Marginal note:Purposes of Act

  (2) The purposes of this Act are

  • (a) to provide a comprehensive, neutrally conducted assessment process applicable in Yukon;

  • (b) to require that, before projects are undertaken, their environmental and socio-economic effects be considered;

  • (c) to protect and maintain environmental quality and heritage resources;

  • (d) to protect and promote the well-being of Yukon Indian persons and their societies and Yukon residents generally, as well as the interests of other Canadians;

  • (e) to ensure that projects are undertaken in accordance with principles that foster beneficial socio-economic change without undermining the ecological and social systems on which communities and their residents, and societies in general, depend;

  • (f) to recognize and, to the extent practicable, enhance the traditional economy of Yukon Indian persons and their special relationship with the wilderness environment;

  • (g) to guarantee opportunities for the participation of Yukon Indian persons — and to make use of their knowledge and experience — in the assessment process;

  • (h) to provide opportunities for public participation in the assessment process;

  • (i) to ensure that the assessment process is conducted in a timely, efficient and effective manner that avoids duplication; and

  • (j) to provide certainty to the extent practicable with respect to assessment procedures, including information requirements, time limits and costs to participants.

Marginal note:Non-application

6 The Impact Assessment Act does not apply in Yukon.

6.1 [Repealed, 2017, c. 34, s. 1]

Marginal note:Delegation by territorial minister

7 The territorial minister may authorize a territorial agency or an employee of a territorial agency to carry out any of that minister’s functions under this Act.

PART 1Yukon Environmental and Socio-economic Assessment Board and Designated Offices

Yukon Environmental and Socio-economic Assessment Board

Marginal note:Board established

• 8 (1) The Yukon Environmental and Socio-economic Assessment Board is hereby established, consisting of

  • (a) an executive committee of three persons;

  • (b) four other members; and

  • (c) an even number of additional members that may be fixed from time to time by the federal minister following consultation with the territorial minister and the first nations.

• Marginal note:Appointment by federal minister

  (2) The federal minister shall appoint the members of the Board after seeking the views of the Minister of the Environment.

• 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.

• Marginal note:Other members

  (4) Of the four members of the Board referred to in paragraph (1)(b), two shall be appointed on the nomination of the Council and one on the nomination of the territorial minister.

• Marginal note:Additional members

  (5) If additional members of the Board are to be appointed pursuant to paragraph (1)(c), one-half shall be appointed on the nomination of the Council and one-half following consultation by the federal minister with the territorial minister.

• Marginal note:Consultation of first nations

  (6) The Council shall consult the first nations before nominating a person to the Board.

Marginal note:Residence of Chairperson

• 9 (1) The Chairperson of the Board must be a resident of Yukon.

• Marginal note:Residency of majorities

  (2) A majority of the members appointed on the nomination of the Council, as well as a majority of the other members excluding the Chairperson, must be residents of Yukon.

Marginal note:Term of office

• 10 (1) Subject to subsections (2) and (3), a member of the Board shall be appointed to hold office for a term of three years.

• Marginal note:Term of first members

  (2) The first members appointed under subsections 8(3) and (4) on the nomination of the Council or the territorial minister shall be appointed for the term, not exceeding three years, specified by the Council or territorial minister when making the nomination, and the other first members shall be appointed for the term, not exceeding three years, specified by the federal minister.

• Marginal note:Vacancy

  (3) In the event of a vacancy occurring during a member’s term of office, the federal minister may, subject to the requirements of sections 8 and 9 applicable to the appointment of that member, appoint another person to fill the vacancy for the remainder of the term.

• 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.

Marginal note:Tenure

• 11 (1) A member of the Board holds office during good behaviour but may be removed by the federal minister for cause or on any other ground set out in the by-laws of the Board.

• Marginal note:Loss of resident status

  (2) The federal minister shall remove a member from office, in conformity with the regulations, if the federal minister determines that, because of a change in that member’s place of residence, the requirements of section 9 are no longer met.

• Marginal note:Consultation by federal minister

  (3) Before a member nominated by the Council or the territorial minister is removed from office, the federal minister shall consult the Council or the territorial minister, as the case may be.

• 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.

Marginal note:Reappointment

12 The Chairperson, a member of the executive committee or any other member of the Board is eligible to be reappointed to the Board in the same or a different capacity.

Marginal note:Conflict of interest

• 13 (1) A member of the Board may not participate in any business of the Board, the executive committee or a panel of the Board, if doing so would place the member in a material conflict of interest.

• Marginal note:Yukon Indian persons

  (2) A member is not in a material conflict of interest solely by virtue of being a Yukon Indian person.

Marginal note:Remuneration

• 14 (1) Each member of the Board shall be paid the fees or other remuneration that is fixed by the federal minister.

• Marginal note:Expenses

  (2) Each member is entitled to be reimbursed for any travel and living expenses incurred by the member in the course of performing duties under this Act, while absent from the member’s ordinary place of residence, that are consistent with directives of the Treasury Board.

• Marginal note:Benefits

  (3) The members of the Board and its employees are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Marginal note:Quorum

• 15 (1) A quorum of the Board consists of a majority of the members holding office or three members, whichever is greater.

• Marginal note:Telephone or other communications

  (2) Subject to the rules and by-laws, participation in a meeting of the Board, the executive committee or a panel of the Board may be by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a person so participating is deemed to be present at the meeting.

Marginal note:Property and contracts

• 16 (1) The Board may, for the purposes of conducting the business of the Board and of designated offices in accordance with the approved budget of the Board, acquire property in its own name, dispose of such property and enter into contracts in the name of the Board.

• Marginal note:Legal proceedings

  (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Board may be brought or taken by or against the Board in its own name in any court that would have jurisdiction if the Board were a corporation.

Marginal note:Staff and advisers

17 The Board may, in accordance with the approved budget of the Board, employ any officers and employees and engage the services of any agents, advisers and consultants that are necessary for the proper conduct of the business of the Board and of designated offices, fix the terms and conditions of their employment or engagement and pay their remuneration.

Marginal note:Indemnification

18 The members and employees of the Board shall be indemnified by the Board against all damages awarded against them, any settlement paid by them with the approval of the federal minister and all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members or employees, if those functions were performed honestly and in good faith with a view to the best interests of the Board.

Marginal note:Main office

19 The main office of the Board shall be at Whitehorse or at any other place in Yukon that may be designated by the Governor in Council.

Assessment Districts and Designated Offices

Marginal note:Assessment districts

• 20 (1) Following consultation by the federal minister with the territorial minister and the first nations, and in accordance with any agreement that may be concluded by those ministers with the first nations, the federal minister shall, by order, establish six contiguous assessment districts that together constitute the whole of Yukon.

• Marginal note:Change in number of districts

  (2) Where the Board recommends, on the basis of operational requirements, a change in the number of contiguous assessment districts that constitute Yukon, the federal minister shall, by order, change the number of assessment districts in accordance with the Board’s recommendation, following consultation with the territorial minister and the first nations, or else provide written reasons to the Board for rejecting the recommendation.

Marginal note:Alteration of boundaries

• 21 (1) The Board may, by order, alter the boundary between adjacent assessment districts, and shall do so where the federal minister changes the number of assessment districts.

• Marginal note:Consultation

  (2) Before altering the boundaries of assessment districts, the Board shall consult the designated offices for those assessment districts as well as the federal minister, the territorial minister, the Council and any first nation whose territory falls wholly or partly within those districts, and shall seek the views of residents and municipal governments of the communities located in those districts.

• Marginal note:Statutory Instruments Act

  (3) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of an order altering boundaries, but the Board shall publish a notice of the order in the Canada Gazette, in a periodical that, in the Board’s opinion, has a large circulation in Yukon and, if any part of the affected assessment districts falls within the territory of the Tetlit Gwich’in, in a periodical distributed in the Gwich’in Settlement Area referred to in the Gwich’in Agreement.

Marginal note:Designated offices in named communities

• 22 (1) The federal minister shall name a community in each assessment district as the site of an office to be maintained by the Board and known as the designated office for that assessment district.

• Marginal note:Change of designated community

  (2) Before any change is made in the community named as the site of a designated office for an assessment district, the federal minister shall consult the territorial minister, the Council and any first nation whose territory falls wholly or partly within that district, and shall seek the views of residents and municipal governments of the communities located in that district.

• Marginal note:Notice

  (3) The federal minister shall publish a notice of the selection of a community, or of any change in the selection, in the Canada Gazette, in a periodical that, in the federal minister’s opinion, has a large circulation in Yukon and, if any part of the affected assessment district falls within the territory of the Tetlit Gwich’in, in a periodical distributed in the Gwich’in Settlement Area referred to in the Gwich’in Agreement.