GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 (a)
decision body , in relation to a project, means (a) a first nation, if the project is to be located wholly or partly on its settlement land and (i) the first nation has the power under the Yukon First Nations Self-Government Act or under its final agreement to issue an authorization that is required for the project to be undertaken, (ii) the first nation is a proponent of the project, has the power to grant an interest in land that is required for the project to be undertaken or has received an application for financial assistance for the project, or (iii) no decision document is required for the project from any federal agency or the territorial minister; (b) the territorial minister, if any territorial agency, municipal government or territorial independent regulatory agency (i) has the power to issue an authorization that is required for the project to be undertaken, (ii) in the case of a project to be located wholly or partly on non-settlement land, is a proponent of the project, has the power to grant an interest in land that is required for the project to be undertaken or has received an application for financial assistance for the project, or (iii) is responsible for the administration of mines and minerals in category B or fee simple settlement land or Tetlit Gwich’in Yukon land, where the project involves a right to work those mines and minerals; (c) any federal agency that (i) has the power to issue an authorization that is required for the project to be undertaken, (ii) in the case of a project to be located wholly or partly on non-settlement land, is a proponent of the project, has the power to grant an interest in land that is required for the project to be undertaken or has received an application for financial assistance for the project, or (iii) is responsible for the administration of mines and minerals in category B or fee simple settlement land or Tetlit Gwich’in Yukon land, where the project involves a right to work those mines and minerals; (d) the federal minister, if the project is to be located wholly or partly on non-settlement land, no other federal agency is a decision body under paragraph (c) and (i) the territorial minister is not a decision body, or (ii) the territorial minister is a decision body and (A) the Governor in Council has the power to issue an authorization that is required for the project to be undertaken, or (B) a federal independent regulatory agency is a proponent of the project, has the power to issue such an authorization or has received an application for financial assistance for the project; or (e) the federal minister, if the project is to be located wholly on settlement land and (i) the Governor in Council or a federal independent regulatory agency has the power to issue an authorization that is required for the project to be undertaken, or (ii) a federal independent regulatory agency has received an application for financial assistance for the project. ( décisionnaire )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
decision document means a decision document issued by a decision body under section 75, 76 or 77. ( décision écrite )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
designated office means an office maintained under subsection 22(1). ( bureau désigné )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
effects monitoring means the monitoring of environmental and socio-economic effects, or of the effectiveness of mitigative measures. ( mesures de contrôle )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 (a)
environment means the components of the Earth and includes (a) air, land and water; (b) all layers of the atmosphere; (c) all organic and inorganic matter and living organisms; and (d) the interacting natural systems that include the components referred to in paragraphs (a) to (c). ( environnement )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
executive committee means the executive committee of the Board established by section 8. ( comité de direction )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
existing project means an activity that has been undertaken or completed and that, if proposed to be undertaken, would be subject to assessment under section 47. ( ouvrage )
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, an independent regulatory agency or the Yukon Surface Rights Board. ( autorité fédérale )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
federal decision body , in relation to a project, means a decision body referred to in any of paragraphs (c) to (e) of the definition decision body . ( décisionnaire fédéral )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
federal independent regulatory agency means any body named in Part 1 of the schedule. ( organisme administratif autonome fédéral )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
federal minister means the Minister of Northern Affairs, unless another member of the Queen’s Privy Council for Canada is designated by the Governor in Council as the federal minister for the purposes of this Act. ( ministre fédéral )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
fee simple settlement land means land that is, or is to be treated as, fee simple settlement land, as referred to in the definition settlement land . ( terres désignées en fief simple )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
final agreement means a final agreement within the meaning of the Yukon First Nations Land Claims Settlement Act or the agreement contained in Appendix C to the Gwich’in Agreement. ( accord définitif )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 (a)
financial assistance means a payment, loan or loan guarantee, but does not include (a) a refund, remission, reduction or deferral, or any other form of relief from the payment, of a tax, duty or fee, other than relief provided by law to permit the undertaking of an activity specifically named in the law; (b) assistance for anything done preliminary to a project, such as a feasibility study, that does not have effects on the environment; or (c) assistance for an environmental or socio-economic study undertaken in relation to the assessment of a project, except a study that itself comprises a project. ( aide financière )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
first nation means a Yukon First Nation, within the meaning of the Umbrella Final Agreement, and includes the Gwich’in Tribal Council, in relation to consultation, or the Tetlit Gwich’in, in relation to any other matter. ( première nation )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
first nation law means a law enacted by a first nation in accordance with the Yukon First Nations Self-Government Act or the first nation’s final agreement. ( texte législatif d’une première nation )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
government agency means a federal agency or a territorial agency. ( autorité publique )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
Gwich’in Agreement means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in as represented by the Gwich’in Tribal Council, signed on April 22, 1992 and approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act , as that Agreement is amended from time to time in accordance with its provisions. ( accord gwich’in )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 (a)
heritage resource means (a) a moveable work or assembly of works of people or of nature, other than a record only, that is of scientific or cultural value for its archaeological, palaeontological, ethnological, prehistoric, historic or aesthetic features; (b) a record, regardless of its physical form or characteristics, that is of scientific or cultural value for its archaeological, palaeontological, ethnological, prehistoric, historic or aesthetic features; or (c) an area of land that contains a work or assembly of works referred to in paragraph (a) or an area that is of aesthetic or cultural value, including a human burial site outside a recognized cemetery. ( ressources patrimoniales )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
independent regulatory agency means any body named in the schedule. ( organisme administratif autonome )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 (a)
interested person means any person or body having an interest in the outcome of an assessment, for a purpose that is not frivolous or vexatious, and includes (a) the Fish and Wildlife Management Board established under the Umbrella Final Agreement, in relation to a project that is likely to affect the management and conservation of fish or wildlife or their habitat; (b) the salmon subcommittee of the Fish and Wildlife Management Board, in relation to a project that is likely to affect the management and conservation of salmon or their habitat; and (c) a renewable resource council established under a first nation’s final agreement, in relation to a project that is likely to affect the management and conservation of fish or wildlife or their habitat within the traditional territory of that first nation. ( intéressé )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
joint panel means a joint panel established by an agreement under section 67. ( comité mixte )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
mitigative measures means measures for the elimination, reduction or control of adverse environmental or socio-economic effects. ( mesures d’atténuation )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 (a)
non-settlement land means (a) land other than settlement land; (b) water lying on or flowing through land, including settlement land; or (c) mines and minerals, other than specified substances, in category B or fee simple settlement land or Tetlit Gwich’in Yukon land. ( terres non désignées )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
panel of the Board means a panel established under subsection 65(1), paragraph 93(1)(a) or subsection 95(1), 103(1) or 105(1). ( comité restreint )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
plan means any plan, program, policy or proposal that is not a project or existing project. ( plan )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
project means an activity that is subject to assessment under section 47 or 48 and is not exempt from assessment under section 49. ( projet de développement )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
proponent , in relation to a project or other activity, means a person or body that proposes to undertake it, or a government agency, independent regulatory agency, municipal government or first nation that proposes to require — under a federal or territorial law, a municipal by-law or a first nation law — that it be undertaken. ( promoteur )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
self-government agreement has the same meaning as in the Yukon First Nations Self-Government Act . ( accord sur l’autonomie gouvernementale )
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 section 63 of the Yukon Surface Rights Board Act , 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 )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
socio-economic effects includes effects on economies, health, culture, traditions, lifestyles and heritage resources. ( effets sur la vie socioéconomique )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
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 or a municipal government. ( autorité territoriale )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
territorial independent regulatory agency means any body named in Part 2 of the schedule. ( organisme administratif autonome territorial )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
territorial minister means the member of the Executive Council of Yukon designated as the territorial minister for the purposes of this Act by the Commissioner of Yukon acting with the consent of the Executive Council of Yukon. ( ministre territorial )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 (a)
territory means (a) in relation to a first nation for which a final agreement is in effect, that first nation’s traditional territory and any of its settlement lands within Yukon that are not part of that traditional territory; (b) in relation to the first nation known as the Tetlit Gwich’in, the areas described in Annex A of Appendix C to the Gwich’in Agreement; and (c) in relation to any other first nation, the geographic area within Yukon identified on the map provided by that first nation under the Umbrella Final Agreement for the purpose of delineating the first nation’s traditional territory. ( territoire )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
Tetlit Gwich’in means the Tetlit Gwich’in as defined in Appendix C to the Gwich’in Agreement. ( Gwich’in Tetlit )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
Tetlit Gwich’in Yukon land means land described in Annex B of Appendix C to the Gwich’in Agreement. ( terres gwich’in tetlit )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
traditional knowledge means the accumulated body of knowledge, observations and understandings about the environment, and about the relationship of living beings with one another and the environment, that is rooted in the traditional way of life of first nations. ( connaissances traditionnelles )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
Umbrella Final Agreement has the same meaning as in the Yukon First Nations Land Claims Settlement Act . ( accord-cadre )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2
Yukon Indian person means a person enrolled under a final agreement — other than the Gwich’in Agreement — or a person who is a Tetlit Gwich’in. ( Indien du Yukon )
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 3
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.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 4
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.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 5
Effect of Act 5 (1) This Act gives effect to provisions of the Umbrella Final Agreement respecting assessment of environmental and socio-economic effects. 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.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 6
Non-application 6 The Impact Assessment Act does not apply in Yukon. 2003, c. 7, s. 6; 2015, c. 19, s. 2 2019, c. 28, s. 188
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 7
Delegation by territorial minister 7 The territorial minister may authorize a territorial agency or an employee of a territorial agency to carry out any of that minister’s functions under this Act.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 8
Board established 8 (1) The Yukon Environmental and Socio-economic Assessment Board is hereby established, consisting of (a) an executive committee of three persons; (b) four other members; and (c) an even number of additional members that may be fixed from time to time by the federal minister following consultation with the territorial minister and the first nations. Appointment by federal minister (2) The federal minister shall appoint the members of the Board after seeking the views of the Minister of the Environment. Executive committee (3) One member of the executive committee referred to in paragraph (1)(a) shall be appointed on the nomination of the Council, another on the nomination of the territorial minister and the third, being the Chairperson of the Board, following consultation by the federal minister with the other two members. Other members (4) Of the four members of the Board referred to in paragraph (1)(b), two shall be appointed on the nomination of the Council and one on the nomination of the territorial minister. Additional members (5) If additional members of the Board are to be appointed pursuant to paragraph (1)(c), one-half shall be appointed on the nomination of the Council and one-half following consultation by the federal minister with the territorial minister. Consultation of first nations (6) The Council shall consult the first nations before nominating a person to the Board. 2003, c. 7, s. 8; 2015, c. 19, s. 3
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 9
Residence of Chairperson 9 (1) The Chairperson of the Board must be a resident of Yukon. Residency of majorities (2) A majority of the members appointed on the nomination of the Council, as well as a majority of the other members excluding the Chairperson, must be residents of Yukon.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 10
Term of office 10 (1) Subject to subsections (2) and (3), a member of the Board shall be appointed to hold office for a term of three years. Term of first members (2) The first members appointed under subsections 8(3) and (4) on the nomination of the Council or the territorial minister shall be appointed for the term, not exceeding three years, specified by the Council or territorial minister when making the nomination, and the other first members shall be appointed for the term, not exceeding three years, specified by the federal minister. Vacancy (3) In the event of a vacancy occurring during a member’s term of office, the federal minister may, subject to the requirements of sections 8 and 9 applicable to the appointment of that member, appoint another person to fill the vacancy for the remainder of the term. Acting after expiry of term (4) If a member is a member of the executive committee or of a panel of the Board and, while that committee or panel is conducting a screening or review of a project, their term expires before a decision document is issued by each decision body to whom the committee or panel has made a recommendation in respect of that project, they may — in accordance with the by-laws of the Board or, in the absence of an applicable by-law, the direction of the Chairperson — continue to perform their functions in relation to that screening or review until those decision documents are issued. For the purpose of the appointment of a replacement, the member’s office is considered to be vacant as soon as their term expires. 2003, c. 7, s. 10; 2015, c. 19, s. 4
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 11
Tenure 11 (1) A member of the Board holds office during good behaviour but may be removed by the federal minister for cause or on any other ground set out in the by-laws of the Board. Loss of resident status (2) The federal minister shall remove a member from office, in conformity with the regulations, if the federal minister determines that, because of a change in that member’s place of residence, the requirements of section 9 are no longer met. Consultation by federal minister (3) Before a member nominated by the Council or the territorial minister is removed from office, the federal minister shall consult the Council or the territorial minister, as the case may be. Acting after removal of member (4) If a member is a member of the executive committee or of a panel of the Board and, while that committee or panel is conducting a screening or review of a project, they are removed from office under subsection (2) before a decision document is issued by each decision body to whom the committee or panel has made a recommendation in respect of that project, they may — in accordance with the by-laws of the Board or, in the absence of an applicable by-law, the direction of the Chairperson — continue to perform their functions in relation to that screening or review until those decision documents are issued. For the purpose of the appointment of a replacement, the member’s office is considered to be vacant as soon as they are removed from office. 2003, c. 7, s. 11; 2015, c. 19, s. 5
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 12
Reappointment 12 The Chairperson, a member of the executive committee or any other member of the Board is eligible to be reappointed to the Board in the same or a different capacity.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 13
Conflict of interest 13 (1) A member of the Board may not participate in any business of the Board, the executive committee or a panel of the Board, if doing so would place the member in a material conflict of interest. Yukon Indian persons (2) A member is not in a material conflict of interest solely by virtue of being a Yukon Indian person.