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.

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:Canadian Environmental Assessment Act

• 6. (1) Sections 5 to 60 of the Canadian Environmental Assessment Act do not apply in Yukon except

  • (a) in relation to a project, as defined in that Act, that is not a project or existing project within the meaning of this Act; and

  • (b) to the extent provided, in relation to a project, by subsection (2) of this section or section 63 of this Act.

• Marginal note:National Energy Board

  (2) Sections 5 to 60 of the Canadian Environmental Assessment Act apply in relation to a project, as defined in that Act, that requires an authorization from the National Energy Board in order to be undertaken, but where the project is referred to a review panel under subsection 29(1) of that Act, the Minister of the Environment shall notify the executive committee of the referral, and section 63 of this Act applies as if that Minister had agreed to a request under paragraph 61(1)(b).