Yukon Environmental and Socio-economic Assessment Act
Consequential Amendment to the Yukon and Nunavut Regulatory Improvement Act
Explanatory Notes
First Session, Forty-second Parliament,
64-65 Elizabeth II, 2015-2016
HOUSE OF COMMONS OF CANADA
BILL C-17
An Act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another Act
FIRST READING, JUNE 8, 2016
MINISTER OF INDIGENOUS AND NORTHERN AFFAIRS
90798
SUMMARY
This enactment amends the Yukon Environmental and Socio-economic Assessment Act, in particular by repealing the provisions
(a) that authorize the federal minister to delegate any of his or her powers, duties and functions under that Act to the territorial minister;
(b) that exempt projects and existing projects from the requirement of a new assessment when an authorization is renewed or amended and there are no significant changes to the original project as previously assessed;
(c) that establish time limits for assessments; and
(d) that authorize the federal minister to issue binding policy directions to the Yukon Environmental and Socio-economic Assessment Board.
The enactment also amends the Yukon and Nunavut Regulatory Improvement Act by repealing the transitional provision relating to the application of time limit provisions enacted by that Act to projects in respect of which the evaluation, screening or review had begun before that Act came into force but for which no decision had yet been made.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca
1st Session, 42nd Parliament, 
64-65 Elizabeth II, 2015-2016
HOUSE OF COMMONS OF CANADA
BILL C-17
An Act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
2003, c. 7
Yukon Environmental and Socio-economic Assessment Act
2015, c. 19, s. 2
1 Section 6.‍1 of the Yukon Environmental and Socio-economic Assessment Act is repealed.
2015, c. 19, s. 14
2 Section 49.‍1 of the Act is repealed.
2015, c. 19, s. 16
3 (1) The portion of subsection 56(1) of the Act before paragraph (a) is replaced by the following:
Conclusion of evaluation
56 (1) At the conclusion of its evaluation of the project, a designated office shall
2015, c. 19, s. 16
(2) Paragraphs 56(1)‍(a) to (d) of the English version of the Act are replaced by the following:
(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.
2015, c. 19, s. 16
(3) Subsections 56(1.‍1) to (1.‍3) of the Act are repealed.
2015, c. 19, s. 17
4 (1) The portion of subsection 58(1) of the Act before paragraph (a) is replaced by the following:
Conclusion of screening
58 (1) At the conclusion of its screening of the project, the executive committee shall
2015, c. 19, s. 17
(2) Paragraphs 58(1)‍(a) to (d) of the English version of the Act are replaced by the following:
(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.
2015, c. 19, s. 17
(3) Subsections 58(1.‍1) to (1.‍3) of the Act are repealed.
2015, c. 19, s. 21
5 Section 66.‍1 of the Act is repealed.
2015, c. 19, s. 23(2)
6 Subsections 72(4.‍1) to (4.‍4) of the Act are repealed.
2015, c. 19, s. 27
7 Subsection 77(2) of the Act is replaced by the following:
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.
2015, c. 19, s. 34
8 Section 121.‍1 of the Act and the heading before it are repealed.
2015, c. 19
Consequential Amendment to the Yukon and Nunavut Regulatory Improvement Act
9 Section 39 of the Yukon and Nunavut Regulatory Improvement Act is replaced by the following:
Ongoing projects
39 The Yukon Environmental and Socio-economic Assessment Act, as it read immediately before June 18, 2015, continues to apply to a proposal for a project that was submitted before that day.
Published under authority of the Speaker of the House of Commons
EXPLANATORY NOTES
Yukon Environmental and Socio-economic Assessment Act
Clause 1: Existing text of section 6.‍1:
6.‍1 (1) The federal minister may delegate, in writing, to the territorial minister all or any of the federal minister’s powers, duties or functions under this Act, either generally or as otherwise provided in the instrument of delegation.
(2) The federal minister must notify the first nations in writing of any such delegation.
Clause 2: Existing text of section 49.‍1:
49.‍1 (1) A new assessment of a project or existing project is not required when an authorization is renewed or amended unless, in the opinion of a decision body for the project, there is a significant change to the original project that would otherwise be subject to an assessment.
(2) If there is more than one decision body for the project, they shall consult one another in determining whether a new assessment is required.
Clause 3: (1) to (3) Existing text of subsections 56(1) to (1.‍3):
56 (1) A designated office shall, within nine months after the day on which a proposal is submitted to it under paragraph 50(1)‍(b), conclude its evaluation of the project by
(a) recommending 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) recommending 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) recommending 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) referring 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) If the designated office requires the proponent of the project to provide or collect information or to undertake a study, the period that, in the designated office’s opinion, is taken by the proponent to comply with the requirement is not included in the calculation of the time limit under subsection (1) or of its extension.
(1.‍2) The federal minister may, at the request of the Board, extend the time limit referred to in subsection (1) by a maximum of two months to take into account circumstances that are specific to the proposal for a project.
(1.‍3) The Governor in Council may, by order, on the recommendation of the federal minister, further extend the time limit any number of times by periods of any length.
Clause 4: (1) to (3) Existing text of subsections 58(1) to (1.‍3):
58 (1) The executive committee shall, within 16 months after the day on which a proposal is submitted to it under paragraph 50(1)‍(a) or referred to it under paragraph 56(1)‍(d), conclude its screening of the project by
(a) recommending 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) recommending 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) recommending 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) requiring 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) If the executive committee requires the proponent of the project to provide or collect information or to undertake a study, the period that, in the executive committee’s opinion, is taken by the proponent to comply with the requirement is not included in the calculation of the time limit under subsection (1) or of its extension.
(1.‍2) The federal minister may, at the request of the Board, extend the time limit referred to in subsection (1) by a maximum of two months to take into account circumstances that are specific to the proposal for a project.
(1.‍3) The Governor in Council may, by order, on the recommendation of the federal minister, further extend the time limit any number of times by periods of any length.
Clause 5: Existing text of section 66.‍1:
66.‍1 (1) The executive committee shall establish a panel of the Board, and fix its terms of reference, within three months after the day on which it is required to do so under subsection 65(1) or (2).
(2) If the executive committee requires the proponent of the project to provide or collect information or to undertake a study, the period that, in the committee’s opinion, is taken by that proponent to comply with the requirement is not included in the calculation of the time limit under subsection (1) or of its extension.
(3) The federal minister may, at the request of the executive committee, extend the time limit referred to in subsection (1) by a maximum of two months to take into account circumstances that are specific to the proposal for a project.
(4) The Governor in Council may, by order, on the recommendation of the federal minister, further extend the time limit any number of times by periods of any length.
Clause 6: Existing text of subsections 72(4.‍1) to (4.‍4):
(4.‍1) A panel of the Board shall make the recommendations referred to in subsection (4) within 15 months after the day on which the panel is established under subsection 65(1) or (2).
(4.‍2) If a panel of the Board requires the proponent of the project to provide or collect information or to undertake a study, the period that, in the panel’s opinion, is taken by the proponent to comply with the requirement is not included in the calculation of the time limit under subsection (4.‍1) or of its extension.
(4.‍3) The federal minister may, at the request of the Board, extend the time limit referred to in subsection (4.‍1) by a maximum of two months to take into account circumstances that are specific to a proposal for a project.
(4.‍4) The Governor in Council may, by order, on the recommendation of the federal minister, further extend the time limit any number of times by periods of any length.
Clause 7: Existing text of subsection 77(2):
(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, which is not to exceed 60 days for a screening by the executive committee or 90 days for a review by a panel of the Board. 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.
Clause 8: Existing text of the heading and section 121.‍1:
Policy Directions
121.‍1 (1) The federal minister may, after consultation with the Board, give written policy directions that are binding on the Board with respect to the exercise or performance of any of its powers, duties or functions under this Act.
(2) Policy directions do not apply in respect of any proposal for a project that, at the time the directions are given, has been submitted to a designated office, the executive committee or a panel of the Board.
(3) Immediately after giving a policy direction to the Board, the federal minister shall cause a notice to be published in the Canada Gazette stating that the direction will be published by the Board on its Internet site. Immediately after receiving the direction, the Board shall publish them on its Internet site and may also make it accessible by any other means that the Board considers appropriate.
(4) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of the policy directions.
Yukon and Nunavut Regulatory Improvement Act
Clause 9: Existing text of section 39:
39 (1) Subject to subsection (2), the Yukon Environmental and Socio-economic Assessment Act, as it read immediately before the day on which this Act receives royal assent, continues to apply to a proposal for a project that was submitted before that day.
(2) Section 46.‍1 and subsections 56(1) to (1.‍3), 58(1) to (1.‍3) and 72(4.‍1) to (4.‍4) of the Yukon Environmental and Socio-economic Assessment Act, as they read on the day on which this Act receives royal assent, apply to any project in respect of which the evaluation, screening or review has begun before that day but no decision has yet been made, and the time limits, including any extensions, that are referred to in those subsections are counted from that day.