GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 107
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. Attendance (2) Every member of a panel of the Board must be present at each meeting or hearing of the panel. 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.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 108
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. 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. 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. 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.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 109
Recommendations of panel 109 (1) On the completion of its review of a plan, a panel of the Board shall provide the originator with written recommendations, which may include a recommendation that the plan be implemented, with or without modifications, or that it not be implemented. Copy (2) A panel shall provide a copy of its recommendations to any minister, municipal government or first nation that requested or consented to the review. Consideration to be given (3) The originator of a plan shall give full and fair consideration to the recommendations provided to it by a panel and shall provide the Board with its reasons in writing for declining any of the recommendations.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 110
Recommendation for audit or monitoring of project 110 (1) When a designated office, the executive committee, a panel of the Board or a joint panel recommends to a decision body that a project be allowed to proceed, with or without terms and conditions, it may recommend that a project audit or that effects monitoring be conducted in respect of the project. Results (2) A decision body that accepts a recommendation for a project audit or effects monitoring shall provide the results of it to the designated office that made the recommendation or, in the case of a recommendation made by the executive committee, a panel of the Board or a joint panel, to the executive committee. Advice to decision body (3) After reviewing the results of any project audit or effects monitoring provided to it by a decision body, the designated office or executive committee may provide advice to the decision body on the basis of those results.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 111
Request for audit or monitoring of existing project 111 (1) A request for a project audit or for effects monitoring of an existing project may be made by ministers and first nations to the extent that and in the manner in which a request for a review may be made under subsections 95(1) to (3). Report of results (2) The executive committee shall conduct a project audit or effects monitoring of an existing project where so requested, and shall make a report of the results to the minister or first nation that made or consented to the request, and may include recommendations in the report. Consideration of report (3) The federal minister, the territorial minister or a first nation shall give full and fair consideration to any recommendations of the executive committee.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 112
Request for studies or research 112 (1) At the request of the federal minister, or at the request of the territorial minister or a first nation and with the consent of the federal minister, or at the request of a first nation or the territorial minister and at its or his or her expense, the executive committee may undertake (a) studies of environmental or socio-economic effects that are cumulative geographically or over time; or (b) research into any aspect of the assessment of activities. Collaboration (1.1) With the approval of the ministers and first nations that request or consent to a study or research under subsection (1), the executive committee may conduct the study or research in collaboration with any other body. Agreement (2) The executive committee may conclude agreements respecting the terms of reference, scope and scheduling of studies or research with the ministers and first nations that request or consent to them. Obtaining information (3) Subject to any other Act of Parliament, territorial law or first nation law, the executive committee may obtain from any first nation, government agency or independent regulatory agency any information in their possession that the executive committee requires for the purpose of conducting a study or research. 2003, c. 7, s. 112; 2015, c. 19, s. 31
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 113
Report of executive committee 113 (1) The executive committee shall submit a report on the results of a study or of research undertaken under section 112 to the minister or first nation that requested or consented to it and shall, as soon as feasible after submitting the report, make it available to the public. The executive committee may include recommendations in the report. Consideration of report (2) The minister or first nation shall give full and fair consideration to any recommendations of the executive committee. 2003, c. 7, s. 113; 2015, c. 19, s. 32
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 114
Recommendation by Board to decision body 114 (1) The Board may recommend to a decision body that a public hearing be held by the Board, or another body to be designated by the decision body, if the Board considers that any person or body has violated any of the provisions of a decision document issued by that decision body. Hearing (2) If a decision body accepts a recommendation made to it, the Board or the body designated by the decision body shall hold a public hearing with respect to the violation, and may make recommendations to the decision body for the disposition of the matter. Response to recommendation (3) A decision body shall respond with written reasons to any recommendation made to it.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 115
Court reference by Board 115 At the request of a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, the Board may refer a question of law or jurisdiction arising in any proceedings under this Act to the Supreme Court of Yukon. 2003, c. 7, ss. 115, 133(E)
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 116
Application for judicial review 116 Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Courts Act , the Attorney General of Canada, the territorial minister or anyone directly affected by the matter in respect of which relief is sought may make an application to the Supreme Court of Yukon for any relief against the Board, a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, by way of an injunction or declaration or by way of an order in the nature of certiorari , mandamus , quo warranto or prohibition. 2003, c. 7, ss. 116, 132
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 117
Records of Board and designated offices 117 The Board and each designated office shall maintain (a) a document indicating the boundaries of assessment districts and the location of the designated office for each assessment district; (b) copies of any by-laws and rules that are in force under this Act; (c) a record of the results of project audits and effects monitoring; (d) reports of studies and research undertaken under section 112; and (e) descriptions of any standard mitigative measures developed under section 37.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 118
Records of Board 118 The Board shall maintain (a) a register containing all documents that are produced, collected or received by the executive committee, panels of the Board and joint panels in relation to assessments, together with any documents provided to them under subsection 91(1); (b) a list of the projects, existing projects, other activities and plans for which an assessment is pending before, or has been completed by, the designated offices, the executive committee, panels of the Board and joint panels, together with their location and stage of assessment; and (c) a record of authorizations, grants of interest in land and provisions of financial assistance in respect of which the Board has been notified under section 89. 2003, c. 7, s. 118; 2015, c. 19, s. 33(E)
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 119
Records of designated office 119 Each designated office shall maintain (a) a register containing all documents that are produced, collected or received by it in relation to assessments and a copy of all documents referred to in paragraph 118(a) that relate to projects located in its assessment district, together with any documents provided to it under subsection 91(1); and (b) a list of the projects, existing projects and plans in its assessment district for which assessments are pending or have been completed, together with their location and stage of assessment.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 120
Public access 120 (1) Any person has the right to inspect the registers and records referred to in sections 117 to 119 during normal business hours. Information kept (2) The Board and the designated offices shall keep their registers and records in a manner that facilitates public access to them.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 121
Information held in confidence 121 Notwithstanding any other provision of this Part, the executive committee, the designated offices, panels of the Board and decision bodies may not disclose (a) traditional knowledge that is determined to be confidential under the applicable rules and that is provided in confidence to them for the purposes of this Act; or (b) information to any person or body that a government institution, within the meaning of the Access to Information Act , would not be required to disclose pursuant to a request by that person or body under that Act, unless (i) the provider of the information consents to its disclosure, and (ii) the person or body is not required to disclose the information pursuant to a request under a territorial or first nation law, and agrees to keep the information confidential.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 122
Regulations of Governor in Council 122 The Governor in Council may, following consultation by the federal minister with the territorial minister and first nations, make regulations (a) defining resident for the purposes of section 9, respecting proceedings for removal of a member from office under subsection 11(2) and determining which member is to be removed if more than one member changes residence during a given period; (b) specifying any matter to be taken into consideration in the conduct of an assessment of a project or existing project, for the purposes of paragraph 42(1)(j); (c) specifying the projects for which proposals are to be submitted to the executive committee under subsection 50(1); (d) prescribing periods for the purposes of section 75 or subsection 76(1) or 77(3); (e) respecting the manner of consultation between decision bodies under subsection 78(1); (f) specifying the types of plans that may be reviewed by a panel of the Board under subsection 105(1); and (g) establishing a funding program to facilitate the participation of specified classes of persons or groups in reviews of projects. 2003, c. 7, s. 122; 2015, c. 19, s. 35
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 122.1
Power of Governor in Council 122.1 The Governor in Council may, following consultation by the federal minister with the territorial minister, first nations, the Council and the Board, make regulations respecting the recovery of costs for the purposes of section 93.1, including prescribing amounts and services for that section and exempting any class of proponents or class of projects from the application of that section. 2015, c. 19, s. 36
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 123
Amendment of schedule 123 The Governor in Council may, by order, following consultation by the federal minister with the territorial minister and first nations, (a) amend Part 1 of the schedule by adding to it the name of any body having power under a federal law, other than the Yukon Act , to issue authorizations whose terms and conditions are not subject to variation by the Governor in Council or a minister of the Crown; (b) amend Part 2 of the schedule by adding to it the name of any body having the power under the Yukon Act to issue authorizations whose terms and conditions are not subject to variation by the Commissioner of Yukon or by a minister of the territorial government; or (c) amend the schedule by deleting the name of any body. 2003, c. 7, s. 123; 2015, c. 19, s. 37(F)
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 124
Application of EARP Guidelines Order 124 (1) The Environmental Assessment and Review Process Guidelines Order , approved by Order in Council P.C. 1984-2132 of June 21, 1984, and registered as SOR/84-467, continues to apply — to the exclusion of the provisions of this Act respecting projects — in respect of any proposal for a project that is, on the coming into force of Part 2 of this Act, before an environmental assessment panel established pursuant to that Order. Application of EARP Guidelines Order (2) The Order referred to in subsection (1) continues to apply — to the exclusion of the provisions of this Act respecting projects — in respect of any proposal for a project for which an environmental screening or initial assessment under that Order was commenced before the coming into force of Part 2 of this Act, but where such a proposal is referred to the Minister of the Environment for public review pursuant to section 20 of that Order, that Order ceases to apply and this Act applies in respect of the proposal as if that Minister had agreed to a request made by the executive committee under paragraph 61(1)(b) of this Act.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 125
Application of Canadian Environmental Assessment Act 125 (1) Notwithstanding section 6, the Canadian Environmental Assessment Act continues to apply — to the exclusion of the provisions of this Act respecting projects — in respect of a proposal for a project that was referred, before the coming into force of Part 2 of this Act, to a mediator or a review panel pursuant to that Act. Application of Canadian Environmental Assessment Act (2) Notwithstanding section 6, the Canadian Environmental Assessment Act continues to apply — to the exclusion of the provisions of this Act respecting projects — in respect of a proposal for a project for which a screening or comprehensive study was commenced under that Act before the coming into force of Part 2 of this Act, but where the project is referred to a review panel pursuant to subsection 29(1) of that Act, that Act ceases to apply and section 63 of this Act applies as if the Minister of the Environment had agreed to a request made by the executive committee under paragraph 61(1)(b).
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 126
Pending applications to territorial agencies and first nations 126 (1) This Act does not apply in respect of a project for which, before the coming into force of Part 2, an application was made to a territorial agency under a territorial law, or to a first nation under a first nation law or the first nation’s final agreement, for the issuance of an authorization, the grant of an interest in land or the grant of financial assistance, unless (a) the project becomes subject to this Act by virtue of subsection 124(2) or 125(2); or (b) before the application is accepted, the territorial minister or the first nation, as the case may be, requires the applicant to submit a proposal under section 50. Projects already initiated (2) This Act does not apply in respect of any project that the territorial agency or first nation has initiated as proponent before the coming into force of Part 2 unless the project becomes subject to this Act by virtue of subsection 124(2) or 125(2).
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 Order of Governor in Council
Order of Governor in Council * 134 Section 6, Part 2 and sections 124 to 126 and 131 come into force eighteen months after the day on which this Act receives royal assent or on any earlier day that may be fixed by order of the Governor in Council. * [Note: Act, except section 6, Part 2 and sections 124 to 126 and 131, in force on assent May 13, 2003; section 6, Part 2 and sections 124 to 126 and 131, in force November 13, 2004.]
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 39
Ongoing projects 39 (1) Subject to subsection (2), the Yukon Environmental and Socio-economic Assessment Act , as it read immediately before the day on which this Act receives royal assent, continues to apply to a proposal for a project that was submitted before that day. Time limits (2) Section 46.1 and subsections 56(1) to (1.3), 58(1) to (1.3) and 72(4.1) to (4.4) of the Yukon Environmental and Socio-economic Assessment Act , as they read on the day on which this Act receives royal assent, apply to any project in respect of which the evaluation, screening or review has begun before that day but no decision has yet been made, and the time limits, including any extensions, that are referred to in those subsections are counted from that day.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 40
Northern Pipeline 40 The Yukon Environmental and Socio-economic Assessment Act , as it read immediately before the day on which this Act receives royal assent, continues to apply to the pipeline that is referred to in the Northern Pipeline Act .
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 9
9 Section 39 of the Yukon and Nunavut Regulatory Improvement Act is replaced by the following: Ongoing projects 39 The Yukon Environmental and Socio-economic Assessment Act , as it read immediately before June 18, 2015, continues to apply to a proposal for a project that was submitted before that day.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 39
Ongoing projects 39 The Yukon Environmental and Socio-economic Assessment Act , as it read immediately before June 18, 2015, continues to apply to a proposal for a project that was submitted before that day.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 133
Yukon Act 133 (1) On the later of the day on which this Act is assented to and the day on which section 283 of the Yukon Act , chapter 7 of the Statutes of Canada, 2002 (the “other Act”), comes into force, the portion of the definition authorization after paragraph (b) in subsection 2(1) of this Act is replaced by the following: but does not include an access order issued by a body established by territorial law and having jurisdiction with respect to surface rights, or a consent given by a first nation for access to settlement land in circumstances where an access order could be issued by that body. (2) On the later of the day on which this Act is assented to and the day on which section 283 of the other Act comes into force, the definitions federal agency , settlement land and territorial agency in subsection 2(1) of this Act are replaced by the following: federal agency means a minister of the federal government or a person or body carrying out a function of government under a federal law other than the Yukon Act , the Yukon First Nations Self-Government Act or the Yukon First Nations Land Claims Settlement Act , but does not include the Governor in Council or an independent regulatory agency. ( autorité fédérale ) settlement land means land that is category A settlement land, category B settlement land or fee simple settlement land under a final agreement or under an order of a body established by territorial law and having jurisdiction with respect to surface rights, or land that is to be treated as such by virtue of a self-government agreement, and includes Tetlit Gwich’in Yukon land, but does not include water or mines and minerals defined to be non-settlement land. ( terres désignées ) territorial agency means a member of the Executive Council of Yukon or a person or body carrying out a function of government under the Yukon Act , but does not include an independent regulatory agency, a municipal government or a body having jurisdiction with respect to surface rights. ( autorité territoriale ) (4) On the later of the coming into force of Part 2 of this Act and section 283 of the other Act, paragraph 81(1)(g) of this Act is replaced by the following: (g) a body established by territorial law and having jurisdiction with respect to surface rights, if an access order from that body is required for the project under territorial law;
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
federal agency means a minister of the federal government or a person or body carrying out a function of government under a federal law other than the Yukon Act , the Yukon First Nations Self-Government Act or the Yukon First Nations Land Claims Settlement Act , but does not include the Governor in Council or an independent regulatory agency. ( autorité fédérale )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
settlement land means land that is category A settlement land, category B settlement land or fee simple settlement land under a final agreement or under an order of a body established by territorial law and having jurisdiction with respect to surface rights, or land that is to be treated as such by virtue of a self-government agreement, and includes Tetlit Gwich’in Yukon land, but does not include water or mines and minerals defined to be non-settlement land. ( terres désignées )