GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 47
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. 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. 2003, c. 7, s. 47; 2015, c. 19, s. 12
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 48
Declarations 48 (1) Where an activity is listed under paragraph 47(1)(a) but is excepted under paragraph 47(1)(b), a declaration that the activity is subject to assessment may nevertheless be made, in circumstances referred to in subsection (3) or (4), by (a) a federal agency that is the proponent of the activity or that has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken; (b) the federal minister, if the Governor in Council has the power to issue an authorization required for the activity to be undertaken or if a federal independent regulatory agency is the proponent of the activity or has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken; (c) the territorial minister, if a territorial agency, a municipal government or a territorial independent regulatory agency is the proponent of the activity or has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken; or (d) a first nation that is the proponent of the activity or that has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken. Consent to declaration (2) A declaration that a particular activity is subject to assessment must be consented to by every person or body referred to in subsection (1) that has the power to make that declaration. Significant adverse effects (3) A declaration that an activity is subject to assessment may be made by the federal agency, federal minister, territorial minister or first nation if they are of the opinion that the activity might (a) have significant adverse environmental or socio-economic effects in or outside Yukon; or (b) contribute significantly to cumulative adverse environmental or socio-economic effects in combination with projects for which proposals have been submitted under subsection 50(1) or with other activities known to them that are proposed, undertaken or completed in or outside Yukon. Activity in protected area (4) A declaration that an activity is subject to assessment may also be made in respect of an activity if the activity is to be undertaken (a) in an area that contains a heritage resource, other than a record only, or that is a heritage resource, and that is for that reason protected by federal, territorial or first nation law or that is identified, in a land use plan in effect under a final agreement, as an area that should be so protected; (b) in a special management area that is identified as such in a final agreement or that is established in accordance with a final agreement; or (c) in an area that forms the habitat for any species of plant or wildlife that is determined to be rare, threatened, endangered or at risk by or under federal, territorial or first nation law. 2003, c. 7, s. 48; 2015, c. 19, s. 13
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 49
Emergencies exempted 49 (1) Notwithstanding sections 47 and 48, no assessment is required of an activity that is undertaken in response to a national emergency for which special temporary measures are being taken under the Emergencies Act , or in response to an emergency when it is in the interest of public welfare, health or safety or of protecting property or the environment that the activity be undertaken immediately. Reporting after emergencies (2) As soon as practicable after any such activity is completed, the person who undertook it shall send a written report to the designated office for each assessment district in which it was undertaken describing the nature, extent and duration of the activity and any work required in order to restore or rehabilitate the area affected by it.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 50
Submission of proposals 50 (1) A proponent shall submit a proposal for a project (a) to the executive committee, in the case of a project specified in regulations made under paragraph 122(c); or (b) in any other case, to the designated office for the assessment district in which the project is to be undertaken, subject to the rules made under paragraph 31(2)(d). Considerations by proponent (2) The proponent of a project shall, in preparing a proposal, incorporate any appropriate mitigative measures and take into consideration the matters referred to in paragraphs 42(1)(b), (c), (e) and (f) and, if applicable, subsection 42(2.1), in the case of a proposal submitted to a designated office, or the matters referred to in those paragraphs, paragraphs 42(1)(g) to (h) and, if applicable, subsection 42(2.1), in the case of a proposal submitted to the executive committee. Consultation (3) Before submitting a proposal to the executive committee, the proponent of a project shall consult any first nation in whose territory, or the residents of any community in which, the project will be located or might have significant environmental or socio-economic effects. Notification of Environment Minister (4) The executive committee shall notify the Minister of the Environment of any proposal submitted to it under paragraph (1)(a) for a project for which there is a federal decision body. 2003, c. 7, s. 50; 2015, c. 19, s. 15
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 51
Determination of scope 51 A designated office or the executive committee shall determine the scope of a project to be assessed by it, and shall include within the scope of the project, in addition to any activity identified in the proposal, any other activity that it considers likely to be undertaken in relation to an activity so identified and sufficiently related to it to be included in the project.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 52
Grouping of related projects 52 A designated office or the executive committee shall assess as a single project two or more projects for which it has received proposals where it considers that the projects are so closely related as to be part of the same activity or where all the decision bodies for each of the projects have advised it that they consider the projects to be so related.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 53
Evaluations by multiple designated offices 53 An evaluation may be conducted, in the manner provided by the rules made under paragraph 31(2)(e), by two or more designated offices jointly or by one of them on behalf of the other or others, where (a) a single project is located in two or more assessment districts; or (b) a designated office considers projects located in two or more assessment districts to be closely related.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 54
Withdrawal of project 54 (1) A proponent that intends not to proceed with a project shall give notice to that effect to any body that has conducted or is conducting an assessment of the project and to any decision body that is considering recommendations relating to the project. Discontinuance (2) Any assessment of a project conducted by a body that is notified under subsection (1), and any consideration of a recommendation made in respect of the project by a decision body notified under that subsection, shall be discontinued.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 55
Preliminary determinations 55 (1) Where a proposal for a project is submitted to a designated office under paragraph 50(1)(b), the designated office shall (a) consider whether the applicable rules have, in its opinion, been complied with and notify the proponent accordingly; and (b) determine whether the project will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation. Evaluation by designated office (2) A designated office shall commence the evaluation of a project as soon as possible after it notifies the proponent affirmatively under paragraph (1)(a). Information and views (3) A designated office may seek any information or views that it believes relevant to its evaluation. Information and views (4) Before making a recommendation under any of paragraphs 56(1)(a) to (c), a designated office shall seek views about the project, and information that it believes relevant to the evaluation, from any first nation identified under paragraph (1)(b) and from any government agency, independent regulatory agency or first nation that has notified the designated office of its interest in the project or in projects of that kind.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 56
Conclusion of evaluation 56 (1) At the conclusion of its evaluation of the project, a designated office shall (a) recommend to the decision bodies for the project that the project be allowed to proceed, 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, subject to specified terms and conditions, if it determines that the project will have, or is likely to 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, if it determines that the project will have, or is likely to have, significant adverse environmental or socio-economic effects in or outside Yukon that cannot be mitigated; or (d) refer the project to the executive committee for a screening, if, after taking into account any mitigative measures included in the project proposal, it cannot determine whether the project will have, or is likely to have, significant adverse environmental or socio-economic effects. (1.1) to (1.3) [Repealed, 2017, c. 34, s. 3] Notification (2) A recommendation under any of paragraphs (1)(a) to (c) shall be made in writing with reasons and a copy provided to the proponent. Notice of reasons for referral (3) The designated office shall provide written reasons for a referral under paragraph (1)(d) to the proponent, to any first nation identified under paragraph 55(1)(b) and to any government agency, independent regulatory agency or first nation that has notified the designated office of its interest in the project or in projects of that kind. Revised proposal (4) Following receipt of the reasons for referral, the proponent shall submit a revised proposal to the executive committee that takes into account the matters referred to in paragraphs 42(1)(b), (c) and (e) to (h). Documentation (5) Where a designated office refers a project to the executive committee, it shall provide the executive committee with copies of its documentation relating to the project. 2003, c. 7, s. 56; 2015, c. 19, s. 16; 2017, c. 34, s. 3
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 57
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. 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). Information and views (3) The executive committee may seek any information or views that it believes relevant to its screening. 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.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 58
Conclusion of screening 58 (1) At the conclusion of its screening of the project, 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, or is likely to 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, or is likely to 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, or is likely to have, significant adverse environmental or socio-economic effects. (1.1) to (1.3) [Repealed, 2017, c. 34, s. 4] 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. 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. 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. 2003, c. 7, s. 58; 2015, c. 19, s. 17; 2017, c. 34, s. 4
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 59
Recommendation for non-referral rejected 59 If 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. 2003, c. 7, s. 59; 2015, c. 19, s. 18
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 60
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. 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. 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. Form of review (4) A request shall specify whether a review is to be a public review or some other form of review. 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.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 61
Requirement or request for review 61 (1) When the executive committee, under paragraph 58(1)(d), subsection 58(2) or section 59, 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; or (b) request that Minister to enter into negotiations for the establishment of a joint panel in accordance with section 67. Consideration of effects outside Yukon (2) When the executive committee, under paragraph 58(1)(d), subsection 58(2) or section 59, 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 (b) if it determines that the project will not have such effects, so notify the Minister of the Environment. Response by Minister of the Environment (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). Determination by Minister of the Environment (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). 2003, c. 7, s. 61; 2015, c. 19, s. 19
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 62
Response to request 62 The Minister of the Environment shall, within 30 days after receiving a request made under paragraph 61(1)(b), notify the executive committee whether he or she agrees to the request. 2003, c. 7, s. 62; 2015, c. 19, s. 19
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 65
Establishment of panel 65 (1) Except where an agreement is entered into under section 67, the executive committee shall establish a panel of the Board to conduct a review of a project where (a) a request is made under section 60 for a form of review other than a public review; or (b) the Minister of the Environment does not direct the executive committee as provided in subsection 61(3), does not advise the executive committee as provided in subsection 61(4) or does not agree to a request as provided in section 62. (c) [Repealed, 2015, c. 19, s. 20] Failure to enter into agreement (2) The executive committee shall establish a panel of the Board to conduct a review of a project if, despite negotiations entered into under paragraph 61(1)(b) for the establishment of a joint panel, no agreement is concluded under section 67. Determination by executive committee (3) Before a panel of the Board is established, the executive committee shall determine whether the project is likely to have significant adverse environmental or socio-economic effects primarily on settlement land or on non-settlement land. Designation of members (4) The executive committee shall select the members of a panel of the Board for the review of a project from among the members of the Board, and shall designate one of them to be chairperson. Composition of panels (5) A panel of the Board shall be constituted as follows: (a) if the executive committee concludes under subsection (3) that effects are likely to occur primarily on settlement land, two thirds of the members of the panel must be members nominated to the Board by the Council and one third must be members, excluding the Chairperson of the Board, who are not so nominated; (b) if the executive committee concludes under subsection (3) that effects are likely to occur primarily on non-settlement land, one third of the members of the panel must be members nominated to the Board by the Council and two thirds must be members, excluding the Chairperson of the Board, who are not so nominated; and (c) in any other case, of the members of the panel other than its chairperson, one half must be members nominated to the Board by the Council and one half must be members who are not so nominated. Attendance (6) Every member of a panel of the Board must be present at each meeting or hearing of the panel. Vacancies (7) 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, in a manner consistent with the proportions set out in subsection (5), (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) appoint a new panel and direct the panel to recommence the review. 2003, c. 7, s. 65; 2015, c. 19, s. 20