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

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.