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

Marginal note:Publication of proposed rules

• 34 (1) At least 60 days before making rules, the Board or a designated office shall publish a notice of any proposed rules in the Canada Gazette, in a periodical that, in its opinion, has a large circulation in Yukon and in a periodical distributed in the Gwich’in Settlement Area referred to in the Gwich’in Agreement and shall, in the notice, invite written representations to be made to it with respect to the proposed rules within 60 days after publication.

• Marginal note:Exception

  (2) No further notice need be published if the proposed rules are amended solely in response to representations made to the Board or the designated office.

• Marginal note:Publication of rules

  (3) Rules made by the Board or a designated office shall be published in the Canada Gazette immediately after they are made.

Marginal note:By-laws of Board

35 The Board may make by-laws

• (a) for the conduct and management of its internal administrative affairs;

• (b) specifying grounds for the removal of members from office other than for cause, for the purposes of subsection 11(1); and

• (c) respecting the performance of a member’s functions for the purposes of subsections 10(4) and 11(4).

Marginal note:By-laws for designated offices

• 36 (1) The Board may make by-laws for the conduct and management of the internal administrative affairs of all designated offices.

• Marginal note:Collaboration

  (2) The Board shall seek the collaboration of the designated offices in making by-laws applicable to them.

• Marginal note:By-laws made by designated office

  (3) A designated office may make by-laws for the conduct and management of its internal administrative affairs, but by-laws made by the Board under subsection (1) prevail over by-laws made by a designated office to the extent of any inconsistency.

Marginal note:Standard mitigation measures

• 37 (1) A designated office may develop standard mitigative measures that can be applied to a class of projects, or to projects located within a geographic area.

• Marginal note:Standard mitigation measures

  (2) The executive committee may develop standard mitigative measures that can be applied to a class of projects or existing projects, or to projects or existing projects located within a geographic area.

• Marginal note:Public participation

  (3) The designated office and the executive committee shall provide opportunities for public participation in the development of standard mitigative measures.

• Marginal note:Conflict

  (4) Unless otherwise provided by the rules, standard mitigative measures developed by the executive committee prevail over those developed by a designated office to the extent of any inconsistency.

Marginal note:Statutory Instruments Act

38 Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of the rules or by-laws of the Board or a designated office.

General Requirement

Marginal note:Scientific and traditional knowledge

39 A designated office, the executive committee or a panel of the Board shall give full and fair consideration to scientific information, traditional knowledge and other information provided to it or obtained by it under this Act.

PART 2Assessment Process and Decision Documents

Assessments — General

Marginal note:Non-duplication and certainty

40 The Board, the designated offices, the executive committee and panels of the Board shall avoid duplication in the assessment process and shall provide certainty, to the extent practicable, to persons participating in the assessment process with respect to assessment procedures, including information requirements, time limits and costs.

Marginal note:Timeliness of assessments

41 The designated offices, the executive committee and panels of the Board shall conduct assessments of projects, existing projects and plans in a timely and expeditious manner.

Marginal note:Matters to be considered

• 42 (1) In conducting an assessment of a project or existing project, a designated office, the executive committee or a panel of the Board shall take the following matters into consideration:

  • (a) the purpose of the project or existing project;

  • (b) all stages of the project or existing project;

  • (c) the significance of any environmental or socio-economic effects of the project or existing project that have occurred or might occur in or outside Yukon, including the effects of malfunctions or accidents;

  • (d) the significance of any adverse cumulative environmental or socio-economic effects that have occurred or might occur in connection with the project or existing project in combination with the effects of other projects for which proposals have been submitted under subsection 50(1) or any activities that have been carried out, are being carried out or are likely to be carried out in or outside Yukon;

  • (d.1) any studies or research undertaken under subsection 112(1) that are relevant to the project or existing project;

  • (d.2) the need for effects monitoring;

  • (e) alternatives to the project or existing project, or alternative ways of undertaking or operating it, that would avoid or minimize any significant adverse environmental or socio-economic effects;

  • (f) mitigative measures and measures to compensate for any significant adverse environmental or socio-economic effects;

  • (g) 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;

  • (g.1) the interests of first nations;

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

  • (i) any matter that a decision body has asked it to take into consideration; and

  • (j) any matter specified by the regulations.

• Marginal note:Additional matters to be considered

  (2) In addition to the matters referred to in subsection (1), the executive committee or a panel of the Board shall take into consideration the capacity of any renewable resources that are likely to be significantly affected by the project or existing project to meet present and future needs.

• Marginal note:Potential activities of third parties

  (2.1) If the proponent is a government agency or first nation and the project or existing project concerns planning activities related to timber harvesting, the designated office, executive committee or panel of the Board shall take into consideration any potential activities of third parties that, if proposed to be undertaken, would be subject to an assessment under section 47 or 48.

• Marginal note:Consideration of standards

  (3) Where a project or existing project to be assessed belongs to a class, or is to be located in a geographic area, for which standard mitigative measures have been developed, whether developed by the designated office or the executive committee, those measures shall be taken into consideration by the designated office, the executive committee or a panel of the Board when assessing the project or existing project.

• Marginal note:Optional matters

  (4) A designated office, the executive committee or a panel of the Board may also take into consideration any matter that it considers relevant in the assessment of a project or existing project.

Marginal note:Requiring additional information

• 43 (1) A designated office, the executive committee or a panel of the Board may require the proponent to provide any supplementary information that it considers necessary for its assessment, whether or not it has commenced the assessment.

• Marginal note:Suspension

  (2) If the proponent fails to provide the required supplementary information within the period prescribed by the rules, the designated office, executive committee or panel of the Board may suspend its assessment activities until the proponent provides that information and it must make the reasons for the suspension public if it does so.

• Marginal note:Termination of assessment

  (3) If a proponent does not provide the required supplementary information within two years after the day on which the request is made, the assessment of the project is discontinued, unless the Board grants an extension of that period.

• Marginal note:Extension of time limit

  (4) The Board may extend the period referred to in subsection (3) by a maximum of one year.

• Marginal note:Interpretation

  (5) For greater certainty, the proponent may submit a new proposal in relation to the project in accordance with section 50.

• Marginal note:Consideration of previous assessments

  (6) In conducting an assessment of the project to which the new proposal relates, a designated office, the executive committee or a panel of the Board must consider, and may rely on, any assessment activities previously carried out under this Act in respect of the project.

Marginal note:Regional land use plans

• 44 (1) If a regional land use plan is in effect in a planning region established under a final agreement, a designated office, the executive committee or a panel of the Board shall, when conducting an assessment of a project proposed in the planning region, request the planning commission established under the final agreement to advise it as to whether the project is in conformity with the regional land use plan, unless such a request has already been made in relation to the project.

• Marginal note:Non-conformity with plan

  (2) A designated office, the executive committee or a panel of the Board shall, if advised by the planning commission for a planning region, before or during its assessment of a project, that the project is not in conformity with the regional land use plan, consider the regional land use plan and invite the planning commission to make representations to it with respect to the project.

• Marginal note:Recommendation for project

  (3) Where a designated office, the executive committee or a panel of the Board recommends that a project referred to in subsection (2) be allowed to proceed, it shall, to the extent possible, recommend terms and conditions that will bring the project into conformity with the regional land use plan.

Marginal note:Pending land use plan

• 45 (1) When a planning commission established for a planning region under a final agreement notifies the executive committee and designated offices that it is preparing a regional land use plan pursuant to the final agreement, the executive committee and each designated office whose assessment district includes any part of the planning region shall provide the planning commission with the information in its possession about every project in the planning region for which an assessment is pending.

• Marginal note:Representations

  (2) The executive committee shall invite a planning commission that is preparing a land use plan to make representations to it and to each panel of the Board that is conducting a review of a project, and each designated office that is conducting an evaluation of a project shall invite the planning commission to make representations to it.

Marginal note:Participation by interested persons

46 Subject to subsections 60(4), 95(4) and 103(4), a designated office, the executive committee or a panel of the Board shall provide and publicize opportunities for interested persons and the public to participate in any assessment conducted by it.

Time Limits

Marginal note:Authority and validity

46.1 The failure of the federal minister, the Minister of the Environment, the territorial minister, the Board, a decision body, a designated office, the executive committee, a panel of the Board or a joint panel to exercise a power or perform a duty or function within a period provided for under this Act does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise or performance of their powers, duties or functions.

Proposed Activities Subject to Assessment

Marginal note:Regulations identifying activities

• 47 (1) The Governor in Council may make regulations

  • (a) listing activities that may be made subject to assessment; and

  • (b) making exceptions from activities so listed.

• Marginal note:Circumstances

  (2) An activity listed under paragraph (1)(a) — and not excepted under paragraph (1)(b) — is subject to assessment if proposed to be undertaken in Yukon and if

  • (a) a federal agency or federal independent regulatory agency is the proponent;

  • (b) a territorial agency, municipal government, territorial independent regulatory agency or first nation is the proponent and an authorization or the grant of an interest in land would be required for the activity to be undertaken by a private individual;

  • (c) an authorization or the grant of an interest in land by a government agency, independent regulatory agency, municipal government or first nation is required for the activity to be undertaken; or

  • (d) an authorization by the Governor in Council is required for the activity to be undertaken.