GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 14
Remuneration 14 (1) Each member of the Board shall be paid the fees or other remuneration that is fixed by the federal minister. Expenses (2) Each member is entitled to be reimbursed for any travel and living expenses incurred by the member in the course of performing duties under this Act, while absent from the member’s ordinary place of residence, that are consistent with directives of the Treasury Board. Benefits (3) The members of the Board and its employees are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act . 2003, c. 7, s. 14, c. 22, s. 277(E)
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 15
Quorum 15 (1) A quorum of the Board consists of a majority of the members holding office or three members, whichever is greater. Telephone or other communications (2) Subject to the rules and by-laws, participation in a meeting of the Board, the executive committee or a panel of the Board may be by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a person so participating is deemed to be present at the meeting.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 16
Property and contracts 16 (1) The Board may, for the purposes of conducting the business of the Board and of designated offices in accordance with the approved budget of the Board, acquire property in its own name, dispose of such property and enter into contracts in the name of the Board. Legal proceedings (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Board may be brought or taken by or against the Board in its own name in any court that would have jurisdiction if the Board were a corporation.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 17
Staff and advisers 17 The Board may, in accordance with the approved budget of the Board, employ any officers and employees and engage the services of any agents, advisers and consultants that are necessary for the proper conduct of the business of the Board and of designated offices, fix the terms and conditions of their employment or engagement and pay their remuneration.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 18
Indemnification 18 The members and employees of the Board shall be indemnified by the Board against all damages awarded against them, any settlement paid by them with the approval of the federal minister and all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members or employees, if those functions were performed honestly and in good faith with a view to the best interests of the Board.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 19
Main office 19 The main office of the Board shall be at Whitehorse or at any other place in Yukon that may be designated by the Governor in Council.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 20
Assessment districts 20 (1) Following consultation by the federal minister with the territorial minister and the first nations, and in accordance with any agreement that may be concluded by those ministers with the first nations, the federal minister shall, by order, establish six contiguous assessment districts that together constitute the whole of Yukon. Change in number of districts (2) Where the Board recommends, on the basis of operational requirements, a change in the number of contiguous assessment districts that constitute Yukon, the federal minister shall, by order, change the number of assessment districts in accordance with the Board’s recommendation, following consultation with the territorial minister and the first nations, or else provide written reasons to the Board for rejecting the recommendation.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 21
Alteration of boundaries 21 (1) The Board may, by order, alter the boundary between adjacent assessment districts, and shall do so where the federal minister changes the number of assessment districts. Consultation (2) Before altering the boundaries of assessment districts, the Board shall consult the designated offices for those assessment districts as well as the federal minister, the territorial minister, the Council and any first nation whose territory falls wholly or partly within those districts, and shall seek the views of residents and municipal governments of the communities located in those districts. Statutory Instruments Act (3) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of an order altering boundaries, but the Board shall publish a notice of the order in the Canada Gazette , in a periodical that, in the Board’s opinion, has a large circulation in Yukon and, if any part of the affected assessment districts falls within the territory of the Tetlit Gwich’in, in a periodical distributed in the Gwich’in Settlement Area referred to in the Gwich’in Agreement.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 22
Designated offices in named communities 22 (1) The federal minister shall name a community in each assessment district as the site of an office to be maintained by the Board and known as the designated office for that assessment district. Change of designated community (2) Before any change is made in the community named as the site of a designated office for an assessment district, the federal minister shall consult the territorial minister, the Council and any first nation whose territory falls wholly or partly within that district, and shall seek the views of residents and municipal governments of the communities located in that district. Notice (3) The federal minister shall publish a notice of the selection of a community, or of any change in the selection, in the Canada Gazette , in a periodical that, in the federal minister’s opinion, has a large circulation in Yukon and, if any part of the affected assessment district falls within the territory of the Tetlit Gwich’in, in a periodical distributed in the Gwich’in Settlement Area referred to in the Gwich’in Agreement.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 23
Staff 23 (1) The staff of each designated office shall be composed of employees of the Board assigned to that office by the Board. Powers in relation to evaluations (2) The Board shall authorize one or more members of the staff to exercise the powers of the designated office relating to evaluations, and those persons may delegate any of those powers to another member of the staff.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 24
Conflict of interest 24 (1) A member of the staff of a designated office may not participate in any business of that office if doing so would place the member in a material conflict of interest. Yukon Indian persons (2) A member of the staff is not in a material conflict of interest solely by virtue of being a Yukon Indian person.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 25
Contracts and facilities 25 The Board shall, at the request of a designated office but in accordance with the approved budget of the Board, procure services required by that office and make property and facilities available to it.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 26
Budgets of designated offices 26 Each designated office shall annually, after consultation with any first nation whose territory falls wholly or partly within its assessment district, prepare and submit a budget for the ensuing fiscal year to the Board.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 27
Budget of Board 27 (1) The Board shall submit annually to the federal minister its budget for the ensuing fiscal year, which shall incorporate the budgets of the designated offices as submitted by them or as varied by the Board. Approval of budget (2) The federal minister may approve the budget as submitted by the Board, or with any variations that the federal minister may make after seeking the views of the Board, the territorial minister and the Council. Funding for languages and training (3) The Board shall consider including in its annual budget funding in order to enable its members and employees to carry out their functions in their traditional languages and in order to provide its members and employees with training, including cross-cultural orientation and education, for the purpose of improving their ability to carry out their duties.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 28
Accounts 28 (1) The Board shall maintain books of account and related records in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor. Consolidated financial statements (2) The Board shall, within the time after the end of each fiscal year that the federal minister specifies, prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (1) and shall include in them any information or statements that are required in their support. Audit (3) The accounts, financial statements and financial transactions of the Board shall be audited annually by the auditor of the Board and, where the federal minister requests, by the Auditor General of Canada. The auditor and, where applicable, the Auditor General of Canada shall, as soon as practicable, make a report of the audit to the Board and the federal minister. 2003, c. 7, s. 28; 2017, c. 26, s. 62
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 29
Annual report 29 The executive committee shall, within three months after the end of each fiscal year, prepare for the approval of the Board an annual report of the activities of the Board for that fiscal year, and the executive committee shall submit the approved report to the federal minister and make it available to the public.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 30
Rules for executive committee and panels 30 (1) The Board shall make rules, applicable to screenings by the executive committee and reviews by panels of the Board, with respect to (a) the form and content of proposals submitted under paragraph 50(1)(a) or of requests made under section 60; (b) the determination of the scope of a project; (c) for the purposes of section 46, the participation of interested persons and the public; and (d) the periods, for each step from the submission or referral of a proposal to the conclusion of the screening or review of the project or existing project, within which the executive committee and panels of the Board must perform their functions. Rules for executive committee and panels (2) The Board may make rules with respect to (a) the manner in which proponents of projects must consult with first nations and residents of communities for the purposes of subsection 50(3); (b) the conduct of screenings of projects by the executive committee and reviews of projects by panels of the Board; (c) the reconsideration of recommendations referred back to the executive committee or a panel of the Board by a decision body; (d) the membership of panels of the Board and the establishment of their terms of reference; and (e) cooperation by the executive committee and panels of the Board with other bodies, including the coordination of functions. Other rules (3) The Board may make rules with respect to (a) reviews of existing projects, reviews of plans and reviews of activities outside Yukon; (b) the conduct of audits, and effects monitoring, of projects and existing projects under sections 110 and 111; and (c) the conduct of studies and research under section 112. Categories of projects, etc. (4) Rules made under this section may provide for different types of screenings or reviews for different categories of projects, existing projects or plans, or activities outside Yukon, as the case may be. 2003, c. 7, s. 30; 2015, c. 19, s. 6
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 31
Rules for designated offices 31 (1) The Board shall make rules with respect to the conduct of evaluations of projects by designated offices, which may include rules providing for (a) different phases of the evaluation of projects; and (b) different types of evaluations for different categories of projects. Rules for designated offices (2) The Board shall make rules, applicable to evaluations of projects by designated offices, with respect to (a) the form and content of proposals submitted under paragraph 50(1)(b); (b) the determination of the scope of a project; (c) for the purposes of section 46, participation in evaluations by interested persons and the public; (d) the submission of proposals for projects located in two or more assessment districts; (e) the conduct of evaluations by two or more designated offices, jointly or by one of them on behalf of the other or others, under section 53; and (f) the periods, for each step from the submission of a proposal to the conclusion of the evaluation of the project or existing project, within which designated offices must perform their functions. Rules for cooperation (3) The Board may make rules with respect to cooperation by designated offices with other bodies, including the coordination of functions. Collaboration with designated offices (4) The Board shall seek the collaboration of the designated offices in making rules under subsections (1) to (3). Rules made by designated office (5) A designated office may make rules with respect to the conduct of its evaluations, including rules respecting any of the matters specified in subsections (1) to (3), but rules made by the Board prevail over rules made by a designated office to the extent of any inconsistency. 2003, c. 7, s. 31; 2015, c. 19, s. 7
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 32
Standard mitigative measures 32 (1) The Board may make rules with respect to the development, by a designated office or the executive committee, of standard mitigative measures referred to in section 37. Collaboration (2) The Board shall seek the collaboration of the designated offices in making rules under subsection (1).
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 33
General rules re information 33 The Board shall make rules with respect to (a) the integration of scientific information, traditional knowledge and other information by designated offices, the executive committee and panels of the Board; (b) the determination of whether traditional knowledge is confidential for the purposes of paragraph 121(a); and (c) the handling of information to prevent its disclosure contrary to section 121, including the conduct of private hearings and the restriction of access to information at public hearings.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 34
Publication of proposed rules 34 (1) At least 60 days before making rules, the Board or a designated office shall publish a notice of any proposed rules in the Canada Gazette , in a periodical that, in its opinion, has a large circulation in Yukon and in a periodical distributed in the Gwich’in Settlement Area referred to in the Gwich’in Agreement and shall, in the notice, invite written representations to be made to it with respect to the proposed rules within 60 days after publication. Exception (2) No further notice need be published if the proposed rules are amended solely in response to representations made to the Board or the designated office. Publication of rules (3) Rules made by the Board or a designated office shall be published in the Canada Gazette immediately after they are made.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 35
By-laws of Board 35 The Board may make by-laws (a) for the conduct and management of its internal administrative affairs; (b) specifying grounds for the removal of members from office other than for cause, for the purposes of subsection 11(1); and (c) respecting the performance of a member’s functions for the purposes of subsections 10(4) and 11(4). 2003, c. 7, s. 35; 2015, c. 19, s. 8
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 36
By-laws for designated offices 36 (1) The Board may make by-laws for the conduct and management of the internal administrative affairs of all designated offices. Collaboration (2) The Board shall seek the collaboration of the designated offices in making by-laws applicable to them. By-laws made by designated office (3) A designated office may make by-laws for the conduct and management of its internal administrative affairs, but by-laws made by the Board under subsection (1) prevail over by-laws made by a designated office to the extent of any inconsistency.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 37
Standard mitigation measures 37 (1) A designated office may develop standard mitigative measures that can be applied to a class of projects, or to projects located within a geographic area. Standard mitigation measures (2) The executive committee may develop standard mitigative measures that can be applied to a class of projects or existing projects, or to projects or existing projects located within a geographic area. Public participation (3) The designated office and the executive committee shall provide opportunities for public participation in the development of standard mitigative measures. Conflict (4) Unless otherwise provided by the rules, standard mitigative measures developed by the executive committee prevail over those developed by a designated office to the extent of any inconsistency.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 38
Statutory Instruments Act 38 Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of the rules or by-laws of the Board or a designated office.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 39
Scientific and traditional knowledge 39 A designated office, the executive committee or a panel of the Board shall give full and fair consideration to scientific information, traditional knowledge and other information provided to it or obtained by it under this Act.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 40
Non-duplication and certainty 40 The Board, the designated offices, the executive committee and panels of the Board shall avoid duplication in the assessment process and shall provide certainty, to the extent practicable, to persons participating in the assessment process with respect to assessment procedures, including information requirements, time limits and costs.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 41
Timeliness of assessments 41 The designated offices, the executive committee and panels of the Board shall conduct assessments of projects, existing projects and plans in a timely and expeditious manner.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 43
Requiring additional information 43 (1) A designated office, the executive committee or a panel of the Board may require the proponent to provide any supplementary information that it considers necessary for its assessment, whether or not it has commenced the assessment. Suspension (2) If the proponent fails to provide the required supplementary information within the period prescribed by the rules, the designated office, executive committee or panel of the Board may suspend its assessment activities until the proponent provides that information and it must make the reasons for the suspension public if it does so. Termination of assessment (3) If a proponent does not provide the required supplementary information within two years after the day on which the request is made, the assessment of the project is discontinued, unless the Board grants an extension of that period. Extension of time limit (4) The Board may extend the period referred to in subsection (3) by a maximum of one year. Interpretation (5) For greater certainty, the proponent may submit a new proposal in relation to the project in accordance with section 50. Consideration of previous assessments (6) In conducting an assessment of the project to which the new proposal relates, a designated office, the executive committee or a panel of the Board must consider, and may rely on, any assessment activities previously carried out under this Act in respect of the project. 2003, c. 7, s. 43; 2015, c. 19, s. 10
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 44
Regional land use plans 44 (1) If a regional land use plan is in effect in a planning region established under a final agreement, a designated office, the executive committee or a panel of the Board shall, when conducting an assessment of a project proposed in the planning region, request the planning commission established under the final agreement to advise it as to whether the project is in conformity with the regional land use plan, unless such a request has already been made in relation to the project. Non-conformity with plan (2) A designated office, the executive committee or a panel of the Board shall, if advised by the planning commission for a planning region, before or during its assessment of a project, that the project is not in conformity with the regional land use plan, consider the regional land use plan and invite the planning commission to make representations to it with respect to the project. Recommendation for project (3) Where a designated office, the executive committee or a panel of the Board recommends that a project referred to in subsection (2) be allowed to proceed, it shall, to the extent possible, recommend terms and conditions that will bring the project into conformity with the regional land use plan.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 45
Pending land use plan 45 (1) When a planning commission established for a planning region under a final agreement notifies the executive committee and designated offices that it is preparing a regional land use plan pursuant to the final agreement, the executive committee and each designated office whose assessment district includes any part of the planning region shall provide the planning commission with the information in its possession about every project in the planning region for which an assessment is pending. Representations (2) The executive committee shall invite a planning commission that is preparing a land use plan to make representations to it and to each panel of the Board that is conducting a review of a project, and each designated office that is conducting an evaluation of a project shall invite the planning commission to make representations to it.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 46
Participation by interested persons 46 Subject to subsections 60(4), 95(4) and 103(4), a designated office, the executive committee or a panel of the Board shall provide and publicize opportunities for interested persons and the public to participate in any assessment conducted by it.
Yukon Environmental and Socio-economic Assessment Act — Y-2.2 46.1
Authority and validity 46.1 The failure of the federal minister, the Minister of the Environment, the territorial minister, the Board, a decision body, a designated office, the executive committee, a panel of the Board or a joint panel to exercise a power or perform a duty or function within a period provided for under this Act does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise or performance of their powers, duties or functions. 2015, c. 19, s. 11