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.
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.
(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.
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