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

Screening of Projects by Executive Committee

Marginal note:Preliminary determination

• 57. (1) Where a proposal for a project is submitted or referred to the executive committee under paragraph 50(1)(a) or 56(1)(d), the executive committee shall consider whether the applicable rules have, in its opinion, been complied with and notify the proponent accordingly.

• Marginal note:Screening by executive committee

  (2) The executive committee shall commence a screening of a project as soon as possible after it notifies the proponent affirmatively under subsection (1) and advises the proponent that, in its opinion, the proponent has in its proposal taken into consideration the matters referred to in paragraphs 42(1)(b), (c) and (e) to (h) and has consulted first nations and the residents of communities in accordance with subsection 50(3).

• Marginal note:Information and views

  (3) The executive committee may seek any information or views that it believes relevant to its screening.

• Marginal note:Information and views

  (4) Before making a recommendation under paragraph 58(1)(a), (b) or (c), the executive committee shall seek views about the project, and information that it believes relevant to the screening, from any first nation consulted under subsection 50(3) and from any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the project or in projects of that kind.

Marginal note:Conclusion of screening

• 58. (1) Subject to subsection (2), at the conclusion of its screening the executive committee shall

  • (a) recommend to the decision bodies for the project that the project be allowed to proceed without a review, if it determines that the project will not have significant adverse environmental or socio-economic effects in or outside Yukon;

  • (b) recommend to those decision bodies that the project be allowed to proceed without a review, subject to specified terms and conditions, if it determines that the project will have significant adverse environmental or socio-economic effects in or outside Yukon that can be mitigated by those terms and conditions;

  • (c) recommend to those decision bodies that the project not be allowed to proceed and not be subject to a review, if it determines that the project will have significant adverse environmental or socio-economic effects in or outside Yukon that cannot be mitigated; or

  • (d) require a review of the project if, after taking into account any mitigative measures included in the project proposal, it cannot determine whether the project will have significant adverse environmental or socio-economic effects.

• Marginal note:Review required — other cases

  (2) Irrespective of any determination made under subsection (1), the executive committee shall require a review of the project if

  • (a) it determines, after taking into account any mitigative measures included in the project proposal, that the project might contribute significantly to cumulative adverse environmental or socio-economic effects in Yukon or that the project is causing or is likely to cause significant public concern in Yukon; or

  • (b) it determines that the project involves technology that is controversial in Yukon or the effects of which are unknown.

• Marginal note:Notification

  (3) A recommendation under paragraph (1)(a), (b) or (c) shall be made in writing with reasons and a copy provided to the proponent.

• Marginal note:Notice of reasons for review

  (4) Where the executive committee requires a review under paragraph (1)(d) or subsection (2), it shall provide written reasons for doing so to the proponent and any first nation consulted under subsection 50(3) as well as to any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the project or in projects of that kind.

Marginal note:Recommendation for non-referral rejected

• 59. (1) Where the executive committee recommends that a project not be referred for a review, but that recommendation is rejected by a decision body for the project and the decision body so notifies the executive committee in writing within 15 days after receiving the recommendation, the executive committee shall require a review of the project.

• Marginal note:Notice to Environment Minister

  (2) Where the executive committee is not notified within the 15-day period and there is no federal decision body for the project, the executive committee shall so advise the Minister of the Environment.

Request for Review

Marginal note:Review of project

• 60. (1) A request for a review of a project may be made to the executive committee

  • (a) by either the federal minister or the Minister of the Environment, if there is a federal decision body for the project;

  • (b) by the territorial minister, if the territorial minister is a decision body for the project; or

  • (c) by a first nation with the consent of the federal minister and, if the territorial minister is a decision body for the project, with the consent of the territorial minister.

• Marginal note:Joint request

  (2) A request for a review must be made jointly by the territorial minister and either the federal minister or the Minister of the Environment if the decision bodies for the project include both the territorial minister and a federal decision body.

• Marginal note:Exceptions

  (3) A request for a review may not be made if

  • (a) the executive committee has already required a review of the project under paragraph 58(1)(d) or subsection 58(2); or

  • (b) a recommendation has already been made in respect of the project by a designated office or the executive committee and all decision bodies to which the recommendation was made have issued decision documents.

• Marginal note:Form of review

  (4) A request shall specify whether a review is to be a public review or some other form of review.

• Marginal note:Pending assessments

  (5) Where a request is made for a review, any assessment of the project by a designated office or the executive committee or any consideration by a decision body of a recommendation made in respect of the project, as the case may be, shall be discontinued.

Powers of Minister of Environment

Marginal note:Requirement or request for review

• 61. (1) When the executive committee, under paragraph 58(1)(d) or subsection 58(2) or 59(1), requires a review of a project for which there is a federal decision body, or when a public review of such a project is requested under section 60, the executive committee shall

  • (a) notify the Minister of the Environment of its intention to establish a panel of the Board;

  • (b) request that Minister to appoint a review panel under subsection 33(1) of the Canadian Environmental Assessment Act or enter into an agreement for the joint establishment of a review panel in accordance with paragraph 40(2)(a) of that Act; or

  • (c) request that Minister to enter into negotiations for the establishment of a joint panel in accordance with section 67 of this Act.

• Marginal note:Consideration of effects outside Yukon

  (2) When the executive committee, under paragraph 58(1)(d) or subsection 58(2) or 59(1), requires a review of a project for which there is no federal decision body, or when a public review of such a project is requested under section 60, the executive committee shall

  • (a) if it determines that the project might have significant adverse environmental or socio-economic effects outside Yukon, make a request under paragraph (1)(b) or (c); or

  • (b) if it determines that the project will not have such effects, so notify that Minister.

• Marginal note:Response by Minister

  (3) The Minister of the Environment may, within 30 days after receiving a notification under paragraph (1)(a), direct the executive committee not to establish a panel of the Board, in which case the executive committee shall make a request under paragraph (1)(b) or (c).

• Marginal note:Determination by Minister

  (4) After receiving a notification of the executive committee’s determination under paragraph (2)(b), the Minister of the Environment may consider and determine the same question and, if that Minister advises the executive committee of a contrary determination within 30 days after the notification, the executive committee shall make a request under paragraph (1)(b) or (c).

Marginal note:Determination by Minister

• 62. (1) Within 30 days after the Minister of the Environment receives a request made under paragraph 61(1)(b) or (c), that Minister shall notify the executive committee whether he or she agrees to the request and, in the case of paragraph 61(1)(b), of the choice made under that paragraph.

• Marginal note:Power of Environment Minister

  (2) Within 10 days after a notification under subsection 59(2), the Minister of the Environment may give notice to the decision bodies for a project that that Minister intends to appoint a review panel under subsection 33(1) of the Canadian Environmental Assessment Act or to enter into an agreement for the joint establishment of a review panel in accordance with paragraph 40(2)(a) of that Act.

Marginal note:Application of Canadian Environmental Assessment Act

• 63. (1) Where the Minister of the Environment agrees to a request made under paragraph 61(1)(b) or gives notice of that Minister’s intention under subsection 62(2), the provisions of the Canadian Environmental Assessment Act relating to the conduct of assessments by a review panel, or relating to agreements for the joint establishment of a review panel, as the case may be, apply in respect of the project, subject to the other provisions of this section and section 64.

• Marginal note:Application

  (2) For the purposes of subsection (1),

  • (a) the decision bodies for the project are deemed to be responsible authorities within the meaning of the Canadian Environmental Assessment Act; and

  • (b) the executive committee has the power to enter into an agreement for the joint establishment of a review panel.

• Marginal note:Request for consent

  (3) Before appointing a review panel referred to in subsection (1) or entering into an agreement for the joint establishment of such a review panel, the Minister of the Environment shall determine whether the project will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation and, if so, shall request each such first nation to indicate within 30 days after that determination whether it consents to the appointment of a review panel.

• Marginal note:Request for list of nominees

  (4) If any first nation does not indicate its consent within the period of 30 days, the Minister of the Environment shall request the Council and the territorial minister each to provide within 60 days a list of nominees for appointment to the review panel.

• Marginal note:When panel may be established

  (5) A review panel referred to in subsection (1) may be appointed and its terms of reference may be fixed only if

  • (a) all first nations give their consent within 30 days after a request is made under subsection (3), or there are no first nations to whom subsection (3) applies; or

  • (b) the period of 60 days referred to in subsection (4) has expired, in which case at least one quarter of the members of the review panel shall be chosen from each list of nominees, if any, provided to the Minister of the Environment within that period.

• Marginal note:Yukon Indian persons not in conflict

  (6) For the purposes of the application of paragraph 33(1)(a) or 41(b) of the Canadian Environmental Assessment Act in respect of a project, a member of the review panel is not in a material conflict of interest solely by virtue of being a Yukon Indian person.

• Marginal note:Response by responsible authority

  (7) In respect of a project referred to in subsection (1), if the report of a review panel established under the Canadian Environmental Assessment Act is submitted to a responsible authority — within the meaning of that Act — that is not a decision body, the provisions of that Act relating to the response of a responsible authority apply in respect of the report.