GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 66
Terms of reference 66 (1) Subject to any specification as to the form of review referred to in subsection 60(4), the executive committee shall establish the terms of reference of a panel of the Board. Publication of notice (2) The executive committee shall publish, in a periodical that, in its opinion, has a large circulation in Yukon, (a) a notice of the establishment of a panel of the Board, and of the manner in which the public may obtain copies of the panel’s terms of reference; and (b) if the panel’s terms of reference are subsequently modified, a notice of the manner in which the public may obtain copies of the modification and of the reasons for it. Determination by executive committee (3) In the case of a project that is the subject of a request referred to in paragraph 65(1)(a), the executive committee shall determine whether it will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation. Distribution of terms of reference (4) The executive committee shall provide copies of the terms of reference of a panel of the Board, and of any modification made to them with the reasons for it, to the proponent and any first nation identified under subsection (3) or 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.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 66.2
Agreement — coordination 66.2 (1) The executive committee may, with the approval of the federal minister, enter into an agreement with any authority that has powers, duties or functions in relation to reviewing the effects of that portion of the project that is to be carried out outside Yukon for the purpose of coordinating their reviews. Government of foreign state (2) The federal minister and the Minister of Foreign Affairs may, after consultation with the executive committee, enter into an agreement referred to in subsection (1) if the authority is a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government. For greater certainty (3) For greater certainty, the fact that a panel of the board is coordinating its review with another authority does not permit the panel to make a recommendation concerning the portion of the project to be carried out outside Yukon. 2015, c. 19, s. 21
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 67
Conclusion of agreement with Minister of Environment 67 (1) If the Minister of the Environment agrees to a request made by the executive committee under paragraph 61(1)(b), the executive committee may, with the approval of the federal minister, enter into an agreement with the Minister of the Environment for the establishment of a joint panel to conduct a review of the project. Joint panel agreement (2) In circumstances referred to in subsection 65(1), the executive committee may, with the approval of the federal minister, enter into an agreement for the purpose referred to in subsection (1) with (a) the Minister of the Environment; or (b) any authority having power to examine the environmental or socio-economic effects of the project, or of an activity that is to be undertaken partly outside Yukon and of which the project forms part. Contents of agreement (3) An agreement for the establishment of a joint panel must (a) provide for the composition of the joint panel, the manner of appointment of its members and the selection of a chairperson; (b) contain the terms of reference of the joint panel and indicate how they may be modified; (c) require the joint panel to take into consideration the matters set out in subsections 42(1) to (3) in its review and permit it to take into consideration any other matter that it considers relevant; (d) prescribe rules to be followed in the conduct of the review, including rules about the information to be provided by the proponent, the scheduling of the review, the quorum, the mode of participation of interested persons and the integration of scientific information, traditional knowledge and other information; (e) name a person or body that consents to indemnify the members of the joint panel in accordance with subsection (5) and, if it is the Board, indicate that the federal minister concurs; and (f) require that, on completion of the review, the joint panel submit a report to the decision bodies for the project and publish the report. Publication of notice (4) The executive committee shall publish, in a periodical that, in its opinion, has a large circulation in Yukon, (a) a notice of the conclusion of an agreement for the establishment of a joint panel and the manner in which copies of the agreement may be obtained by the public; and (b) a notice of any amendments made to the agreement and the manner in which copies of the amendments and the reasons for them may be obtained by the public. Indemnification of panel members (5) The members of a joint panel shall be indemnified by the person or body referred to in paragraph (3)(e) for all damages awarded against them, for any settlement paid by them with the approval of the federal minister and that person or body and for all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members that were carried out honestly and in good faith with a view to the best interests of the joint panel. 2003, c. 7, s. 67; 2015, c. 19, s. 22
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 68
Preliminary determination 68 (1) Following the conclusion of an agreement for a joint panel, the executive committee shall determine whether the project will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation. Distribution of terms of reference (2) The executive committee shall provide copies of the terms of reference of a joint panel, and of any modification made to them with the reasons for the modification, to the proponent of the project, to any first nation identified under subsection (1) and 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.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 69
Equivalence of joint panel review 69 A review by a joint panel fulfils the requirements of any provision of this Act for a review by a panel of the Board.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 70
Conduct of panel review 70 (1) Subject to its terms of reference and any specification referred to in subsection 60(4), a panel of the Board or a joint panel established to review a project may determine any matter that it considers appropriate for the conduct of the review and shall determine (a) a schedule for the review; (b) the information to be provided by the proponent; and (c) the manner of participation by first nations, residents of communities, the federal and territorial governments and interested persons. Determination by panel (2) Before commencing public hearings, a panel of the Board or a joint panel shall determine whether the project will be located, or might have significant adverse environmental or socio-economic effects, on the settlement land of a first nation or on non-settlement land. Location of hearings (3) A review of a project by a panel of the Board or a joint panel may include public hearings in any location chosen by the panel and, except in the case of a review requested under subsection 60(4) that is not a public review, shall include public hearings (a) in a community within the territory of each first nation, other than the Tetlit Gwich’in, whose settlement land is identified under subsection (2) — unless the panel and the first nation agree otherwise; (b) in a community within the Gwich’in settlement area referred to in the Gwich’in Agreement, if Tetlit Gwich’in Yukon land is settlement land identified under subsection (2) — unless the panel and the Gwich’in Tribal Council agree otherwise; and (c) in the community in Canada closest to the project, if non-settlement land is identified under subsection (2) — unless another location in Canada is agreed on for that purpose by the panel, the proponent, the decision bodies for the project and any first nation whose settlement land is identified under subsection (2). Combined public hearings (4) A public hearing held by a panel of the Board or a joint panel for the purposes of the review of a project may be combined with a public hearing held by any other body in relation to the project (a) with the approval of the executive committee, in the case of a panel of the Board; or (b) in accordance with an agreement made under section 67, in the case of a joint panel.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 71
Judicial powers of panels 71 (1) A panel of the Board or a joint panel has, for the purposes of a review of a project, the powers, rights and privileges of a superior court with respect to the attendance and examination of witnesses and the production and inspection of documents and other evidence. Enforcement by court process (2) A summons issued or an order made by a panel of the Board or a joint panel under subsection (1) may be made a summons or order of a superior court by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 72
Commencement of panel review 72 (1) A panel of the Board or a joint panel established to review a project shall (a) consider whether the applicable rules have been complied with and notify the proponent accordingly; and (b) commence the review as soon as possible after it notifies the proponent that, in its opinion, the applicable rules have been complied with. Other information (2) A panel of the Board or a joint panel may seek any information or views that it believes relevant to its review. Other information (3) Before making a recommendation under this section, a panel of the Board or a joint panel shall seek views about the project, and information that it believes relevant to the review, from any first nation consulted under subsection 50(3) or identified under subsection 66(3) or 68(1) 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. Recommendations of panel (4) At the conclusion of its review, a panel of the Board or a joint panel shall recommend to the decision bodies for the project that (a) the project be allowed to proceed, if it determines that the project will have no significant adverse environmental or socio-economic effects in or outside Yukon; (b) 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; or (c) 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. (4.1) to (4.4) [Repealed, 2017, c. 34, s. 6] Other recipient of recommendation (5) A recommendation of a panel of the Board or a joint panel shall be made in writing with reasons and a copy provided to the proponent. 2003, c. 7, s. 72; 2015, c. 19, s. 23; 2017, c. 34, s. 6
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 74
Consideration of accompanying information 74 (1) A decision body considering a recommendation in respect of a project shall give full and fair consideration to scientific information, traditional knowledge and other information that is provided with the recommendation. First nations without final agreements (2) A decision body considering a recommendation in respect of a project shall consult a first nation for which no final agreement is in effect if the project is to be located wholly or partly, or might have significant adverse environmental or socio-economic effects, in the first nation’s territory.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 75
Decision on recommendation from designated office or joint panel 75 If a designated office or a joint panel makes a recommendation to a decision body, the decision body shall issue a decision document within the period prescribed by the regulations accepting, rejecting or varying the recommendation. 2003, c. 7, s. 75; 2015, c. 19, s. 25
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 76
Decision on recommendation from executive committee or panel of Board 76 (1) Subject to section 59, if the executive committee or a panel of the Board makes a recommendation to a decision body, the decision body shall, within the period prescribed by the regulations, (a) issue a decision document accepting the recommendation; or (b) refer the recommendation back to the executive committee or the panel for reconsideration by it, unless that recommendation was made in response to a previous referral under this paragraph. Notice of referral back (2) When a decision body refers a recommendation back to the executive committee or a panel of the Board for reconsideration, it shall give notice of the referral to every person or body referred to in paragraphs 81(1)(a), (b) and (f) to (i). Effect of referral back (3) On being notified under subsection (2), (a) every other decision body for the project shall discontinue its consideration of the recommendation; and (b) no person or body required under sections 82 to 88 to implement a decision document already issued shall take any action that would enable the project to be undertaken. 2003, c. 7, s. 76; 2015, c. 19, s. 26
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 77
Reconsideration on referral back 77 (1) When it reconsiders a recommendation that is referred back to it under paragraph 76(1)(b), the executive committee and the panel of the Board may exercise the powers and shall perform the duties that they have, respectively, in relation to screenings and reviews. Time limits (2) The executive committee or panel of the Board shall make a new recommendation to the decision bodies in respect of the project within the period prescribed by the rules. If it does not make such a recommendation, it is deemed to have made the same recommendation that it made at the conclusion of its screening or review. New recommendation (3) Every decision body shall, within the period prescribed by the regulations, issue a decision document accepting, rejecting or varying the new recommendation, and that decision document replaces any previous decision document issued by it in respect of the project. 2003, c. 7, s. 77; 2015, c. 19, s. 27; 2017, c. 34, s. 7
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 78
Consultation between decision bodies 78 (1) Where decision documents must be issued in relation to a project by more than one decision body, the decision bodies shall, before issuing the decision documents, consult one another in accordance with the regulations with a view to making their decision documents conform. Consolidation of decision documents (2) Any two or more decision bodies in respect of a project may agree to consolidate their decision documents.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 79
Mining interest on settlement lands 79 Notwithstanding sections 75 and 76, where a project involves a right to work mines and minerals situated in category B or fee simple settlement land or Tetlit Gwich’in Yukon land, and decision documents must be issued in relation to the project by a first nation as well as by a federal decision body or the territorial minister, neither of those decision bodies may reject or vary any recommendation made in respect of the project except on the ground that a recommended term or condition is (a) insufficient to prevent unacceptable environmental or socio-economic effects in Yukon; (b) more onerous than necessary to prevent such effects; or (c) so onerous as to undermine the economic viability of the project.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 80
Decision body’s reasons 80 (1) A decision body shall include in a decision document the reasons for which it rejected or varied any recommendation. Statutory Instruments Act (2) A decision document is not a statutory instrument for the purposes of the Statutory Instruments Act .
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 81
Distribution of decision documents 81 (1) A decision body shall provide copies of a decision document to (a) every other decision body for the project; (b) the proponent of the project; (c) the designated office in whose assessment district the project is proposed to be undertaken; (d) the executive committee, if the recommendation to the decision body was made by the executive committee, a panel of the Board or a joint panel; (e) [Repealed, 2015, c. 19, s. 28] (f) any independent regulatory agency from which an authorization is required, or to which an application is made for financial assistance, to enable the project to be undertaken; (g) the Yukon Surface Rights Board, if an access order is required for the project under the Yukon Surface Rights Board Act ; (h) a body established by territorial law and having jurisdiction in relation to rights in respect of waters, if the grant of rights from that body is required for the project under territorial law; and (i) any other person or body that is required to implement the decision document under subsection 82(2), 83(2) or 84(2) or (3). Decision not in conformity with land use plan (2) If a decision document allows a project to be undertaken not in conformity with a regional land use plan referred to in section 44, the decision body shall provide a copy of the decision document to the planning commission and to any person or body that approved the plan. 2003, c. 7, ss. 81, 133; 2015, c. 19, s. 28
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 82
Federal agencies 82 (1) A federal agency that is a decision body for a project shall not undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until it has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken. Implementing decision document (2) Notwithstanding the limitations in any other federal law, a federal agency undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by it in respect of the project.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 83
Territorial agencies and municipal governments 83 (1) Where the territorial minister is a decision body for a project, no territorial agency or municipal government shall undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until the territorial minister has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken. Implementing decision document (2) To the extent of its authority under the Yukon Act , territorial laws or municipal by-laws, every territorial agency and every municipal government undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by the territorial minister in respect of the project.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 84
First nations 84 (1) A first nation that is a decision body for a project shall not undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until it has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken. Implementing decision document (2) To the extent of its authority under the Yukon First Nations Self-Government Act , first nation laws or its final agreement, a first nation undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by it in respect of the project. Decision document relating to mines (3) Notwithstanding subsection (2), if a project involves a right to work mines and minerals in category B or fee simple settlement land or Tetlit Gwich’in Yukon land, a first nation taking any action that enables the project to be undertaken shall implement (a) a decision document issued in respect of the project by the territorial minister to the extent that it is inconsistent with the first nation’s decision document, where the Commissioner of Yukon has the administration and control of those mines and minerals; or (b) a decision document issued in respect of the project by a federal agency to the extent that it is inconsistent with the first nation’s decision document, where the federal agency has the administration of those mines and minerals.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 85
Interpretation 85 The obligation to implement decision documents under subsections 82(2), 83(2) and 84(2) and (3) does not require the making of any regulation, municipal by-law, first nation law or other law.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 86
Water licences 86 A body established by territorial law and having jurisdiction in relation to rights in respect of waters may not, under territorial law, (a) grant or renew rights in respect of waters contrary to a decision document issued by a federal agency or a decision document that is to be implemented by a territorial agency, municipal government or first nation under subsection 83(2) or 84(2) or (3); or (b) set terms of such rights that conflict with such a decision document, to the extent that the decision document is required to be implemented by a federal agency or a territorial agency, municipal government or first nation. 2003, c. 7, ss. 86, 133
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 87
Federal independent regulatory agencies 87 (1) A federal independent regulatory agency must not require that a project be undertaken or take any action that enables a project to be undertaken until every federal decision body for the project and, in the case of the Canadian Energy Regulator, the territorial minister has issued a decision document in respect of the project under section 75, 76 or 77. Conformity with decision document (2) A federal independent regulatory agency, other than the Canadian Energy Regulator, must (a) when it requires that a project be undertaken or takes any action that enables a project to be undertaken, endeavour to the extent practicable to implement any decision document issued by a federal decision body; and (b) when it issues an authorization that enables a project to be undertaken, endeavour to the extent practicable to make the authorization conform with any decision document issued by a federal decision body, and provide written reasons to that decision body for any want of conformity. Commission of the Canadian Energy Regulator (3) The Commission of the Canadian Energy Regulator must (a) when it requires that a project be undertaken, take into consideration any decision document issued by a federal decision body or the territorial minister; and (b) when it issues an authorization to enable a project to be undertaken, take into consideration any decision document issued by a federal decision body or the territorial minister and provide written reasons to the decision body or the minister for any want of conformity. Canadian Energy Regulator (4) The Canadian Energy Regulator must take into consideration any decision document issued by a federal decision body or the territorial minister when it provides financial assistance for a project. 2003, c. 7, s. 87 2019, c. 28, s. 176