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

Marginal note:Terms of reference

• 97 (1) Subject to any specification as to the form of review referred to in subsection 95(4), the executive committee shall set the terms of reference of the 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 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.

• Marginal note:Modification of terms of reference

  (3) If a panel’s terms of reference are modified, the executive committee shall publish in a periodical referred to in subsection (2) a notice of the manner in which the public may obtain copies of the modification and of the reasons for it.

• Marginal note:Distribution of terms of reference

  (4) The executive committee shall provide copies of the terms of reference, and of any modification made to them with the reasons for the modification, to the operator of the existing project, to any minister or first nation that requested or consented to the review, to any first nation identified under subsection 96(2) and to any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the existing project or in existing projects of that kind.

Marginal note:Commencement of review

• 98 (1) A panel of the Board established under section 95 shall commence its review as soon as possible after it notifies the operator and the administrative authority that, in its opinion, the applicable rules have been complied with.

• Marginal note:Power to require additional information

  (2) A panel of the Board may, before or after commencing its review, require the operator to provide any supplementary information that it considers necessary for the review.

Marginal note:Judicial powers of panels

• 99 (1) A panel of the Board has, for the purposes of its review, the powers, rights and privileges of a superior court with respect to the attendance and examination of witnesses and the production and inspection of documents and other evidence.

• Marginal note:Enforcement by court process

  (2) A summons issued or order made by a panel of the Board under subsection (1) may be made a summons or order of a superior court by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court.

Marginal note:Preliminary determination

• 100 (1) A panel of the Board established pursuant to a request that specified a public review shall determine whether the existing project is located on the settlement land of a first nation or on non-settlement land.

• Marginal note:Determination by panel

  (2) A panel of the Board referred to in subsection (1) 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 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 on settlement land of a first nation or on non-settlement land.

• Marginal note:Location of hearings

  (3) A review by a panel of the Board established under section 95 may include public hearings in any location chosen by the panel and, where the request under that section is for a public review, shall include public hearings in the following locations:

  • (a) in a community within the territory of each first nation, other than the Tetlit Gwich’in, whose settlement land is identified under subsection (1) or (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 (1) or (2) — unless the panel and the Gwich’in Tribal Council agree otherwise; and

  • (c) in the community in Canada closest to the existing project, if non-settlement land is identified under subsection (1) or (2) — unless another location in Canada is agreed on for that purpose by the panel, the operator, the decision bodies for the project and any first nation whose settlement land is identified under subsection (1) or (2).

Marginal note:Recommendations of panel

• 101 (1) A panel of the Board established under section 95 shall make a written report of its review to the minister or first nation that requested the review, in which the panel may make any recommendation based on the review that it considers to be appropriate.

• Marginal note:Copy of report

  (2) A copy of the report of a panel of the Board shall be provided to the operator of the existing project, every administrative authority in respect of the existing project and any minister that consented to the request for the review.

• Marginal note:Consideration of recommendations

  (3) The minister or first nation that requested a review shall give full and fair consideration to any recommendations made by a panel of the Board and shall provide a written response to the Board describing any action that they plan to take in response to the report.

Plans

Definition of originator

102 In sections 103 to 109, originator means the government agency, first nation or other body by or for which a plan is prepared.

Marginal note:Request for panel review

• 103 (1) If the executive committee considers that the implementation of a plan might have significant adverse environmental or socio-economic effects in Yukon, it may establish a panel of the Board to conduct a review of the plan

  • (a) at the request of the federal minister, if a federal agency is the originator;

  • (b) at the request of the territorial minister, if a territorial agency or municipal government is the originator; or

  • (c) at the request of a first nation, and either at the first nation’s expense or with the consent of the federal minister and, where a territorial agency or municipal government is the originator, the consent of the territorial minister.

• Marginal note:Joint request

  (2) A request for a review shall be made jointly by the territorial minister and the federal minister if both a territorial agency or municipal government and a federal agency are originators of the plan.

• Marginal note:Consent of municipal government

  (3) If a municipal government is an originator of a plan, a request for a review, or consent to a review, by the territorial minister may only be made or given with the agreement of the municipal government.

• 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 a minister or first nation that requests a review of a plan withdraws the request, the review shall be discontinued.

Marginal note:Criteria for review

• 104 (1) In determining whether to establish a panel of the Board, the executive committee shall consider

  • (a) whether the matters referred to in subsection 108(3) were considered in the preparation of the plan;

  • (b) whether there is a need for the plan to be reviewed by an independent body such as a panel of the Board and whether there is a more appropriate body by which, or process under which, the plan could be reviewed; and

  • (c) whether the originator of the plan agrees to the review.

• Marginal note:Notice of review

  (2) The executive committee shall notify the originator of its determination.

• Marginal note:Terms of reference

  (3) Subject to any specification as to the form of review referred to in subsection 103(4), the executive committee shall establish the terms of reference of a panel of the Board.

Marginal note:Review of plans specified in regulations

• 105 (1) The executive committee may establish a panel of the Board to conduct a review of any plan of a type specified in the regulations and whose implementation it considers might have significant adverse environmental or socio-economic effects in Yukon.

• Marginal note:Notice of review

  (2) The executive committee shall notify the originator of the establishment of a panel of the Board.

• Marginal note:Scope and terms of reference

  (3) The executive committee shall specify the scope of the review of the plan, the panel’s terms of reference and a schedule for the review.

Marginal note:Publication of notice

• 106 (1) The executive committee shall publish, in a periodical that in its opinion has a large circulation in Yukon, a notice of the establishment of a panel of the Board under section 103 or 105 and of the manner in which the public may obtain copies of the panel’s terms of reference.

• Marginal note:Modification of terms of reference

  (2) If a panel’s terms of reference are modified, the executive committee shall publish, in a periodical referred to in subsection (1), a notice of the manner in which the public may obtain copies of the modification and of the reasons for it.

• Marginal note:Distribution of terms of reference

  (3) The executive committee shall provide copies of the terms of reference, and of any modification made to them with the reasons for the modification, to the originator of the plan, to the minister or first nation that requested or consented to the review, if any, and to any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the plan or in plans of that kind.

Marginal note:Designation of members

• 107 (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:Attendance

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

• Marginal note:Vacancies

  (3) 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

  • (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) establish a new panel and direct the panel to recommence the review.

Marginal note:Commencement of review

• 108 (1) A panel of the Board established to review a plan shall commence the review as soon as possible after it notifies the originator that, in its opinion, the applicable rules have been complied with.

• Marginal note:Power to require additional information

  (2) A panel of the Board may, before or after commencing a review of a plan, require the originator of the plan to provide any supplementary information that it considers necessary for the review.

• Marginal note:Matters to be considered

  (3) In conducting a review of a plan, a panel of the Board shall take the following matters into consideration:

  • (a) the significance of any environmental or socio-economic effects in or outside Yukon that might occur from the implementation of the plan;

  • (b) the significance of any adverse cumulative environmental or socio-economic effects that might occur from the implementation of the plan in combination with

    • (i) projects for which proposals have been submitted under subsection 50(1), or

    • (ii) existing or proposed activities, or the implementation of other plans, in or outside Yukon, that are known to the panel from information provided to it or obtained by it under this Part;

  • (c) alternatives to the plan that would avoid or minimize any significant adverse environmental or socio-economic effects;

  • (d) mitigative measures and measures to compensate for any significant adverse effects;

  • (e) the need to protect the rights of Yukon Indian persons under final agreements, the special relationship between Yukon Indian persons and the wilderness environment of Yukon and the cultures, traditions, health and lifestyles of Yukon Indian persons and other residents of Yukon;

  • (f) the interests of residents of Yukon and Canadian residents outside Yukon;

  • (g) the capacity of any renewable resources that are likely to be significantly affected by the implementation of the plan to meet present and future needs; and

  • (h) the need for effects monitoring.

• Marginal note:Other matters

  (4) A panel of the Board conducting a review of a plan may take into consideration any other matter that it considers relevant.

Marginal note:Recommendations of panel

• 109 (1) On the completion of its review of a plan, a panel of the Board shall provide the originator with written recommendations, which may include a recommendation that the plan be implemented, with or without modifications, or that it not be implemented.

• Marginal note:Copy

  (2) A panel shall provide a copy of its recommendations to any minister, municipal government or first nation that requested or consented to the review.

• Marginal note:Consideration to be given

  (3) The originator of a plan shall give full and fair consideration to the recommendations provided to it by a panel and shall provide the Board with its reasons in writing for declining any of the recommendations.

Audits and Effects Monitoring

Marginal note:Recommendation for audit or monitoring of project

• 110 (1) When a designated office, the executive committee, a panel of the Board or a joint panel recommends to a decision body that a project be allowed to proceed, with or without terms and conditions, it may recommend that a project audit or that effects monitoring be conducted in respect of the project.

• Marginal note:Results

  (2) A decision body that accepts a recommendation for a project audit or effects monitoring shall provide the results of it to the designated office that made the recommendation or, in the case of a recommendation made by the executive committee, a panel of the Board or a joint panel, to the executive committee.

• Marginal note:Advice to decision body

  (3) After reviewing the results of any project audit or effects monitoring provided to it by a decision body, the designated office or executive committee may provide advice to the decision body on the basis of those results.

Marginal note:Request for audit or monitoring of existing project

• 111 (1) A request for a project audit or for effects monitoring of an existing project may be made by ministers and first nations to the extent that and in the manner in which a request for a review may be made under subsections 95(1) to (3).

• Marginal note:Report of results

  (2) The executive committee shall conduct a project audit or effects monitoring of an existing project where so requested, and shall make a report of the results to the minister or first nation that made or consented to the request, and may include recommendations in the report.

• Marginal note:Consideration of report

  (3) The federal minister, the territorial minister or a first nation shall give full and fair consideration to any recommendations of the executive committee.