``territorial
independent
regulatory
agency'' « organisme administratif autonome territorial »
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``territorial independent regulatory agency''
means any body named in Part 2 of the
schedule.
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``territorial
minister'' « ministre territorial »
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``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.
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``territory'' « territoire »
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``territory'' means
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``Tetlit
Gwich'in'' « Gwich'in Tetlit »
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``Tetlit Gwich'in'' means the Tetlit Gwich'in
as defined in Appendix C to the Gwich'in
Agreement.
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``Tetlit
Gwich'in
Yukon land'' « terres gwich'in tetlit »
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``Tetlit Gwich'in Yukon land'' means land
described in Annex B of Appendix C to the
Gwich'in Agreement.
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``traditional
knowledge'' « connaissanc es traditionnelles »
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``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.
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``Umbrella
Final
Agreement'' « accord-cadr e »
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``Umbrella Final Agreement'' has the same
meaning as in the Yukon First Nations Land
Claims Settlement Act.
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``Yukon''
Version
anglaise
seulement
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``Yukon'' means the Yukon Territory.
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``Yukon
Indian
person'' « Indien du Yukon »
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``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.
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Definitions
from
Umbrella
Final
Agreement
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(2) In this Act, the expressions ``mines'',
``minerals'', ``right to work'', ``specified
substances'' and ``traditional territory'' have
the same meanings as in the Umbrella Final
Agreement.
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Grant of
interest in
land
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(3) In this Act, a reference to the granting of
an interest in land includes only the granting
of such an interest in circumstances where
there is a discretion whether to grant it or not.
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Consultation
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3. Where, in relation to any matter, a
reference is made in this Act to consultation,
the duty to consult shall be exercised
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Final
agreement
prevails
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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.
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GENERAL |
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Effect of Act
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5. (1) This Act gives effect to provisions of
the Umbrella Final Agreement respecting
assessment of environmental and
socio-economic effects.
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Purposes of
Act
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(2) The purposes of this Act are
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Canadian
Environmenta
l Assessment
Act
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6. (1) Sections 5 to 60 of the Canadian
Environmental Assessment Act do not apply in
Yukon except
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National
Energy Board
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(2) Sections 5 to 60 of the Canadian
Environmental Assessment Act apply in
relation to a project, as defined in that Act, that
requires an authorization from the National
Energy Board in order to be undertaken, but
where the project is referred to a review panel
under subsection 29(1) of that Act, the
Minister of the Environment shall notify the
executive committee of the referral, and
section 63 of this Act applies as if that Minister
had agreed to a request under paragraph
61(1)(b).
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Delegation by
territorial
minister
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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.
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PART 1 |
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YUKON ENVIRONMENTAL AND SOCIO-ECONOMIC ASSESSMENT BOARD AND DESIGNATED OFFICES |
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Yukon Environmental and Socio-economic Assessment Board |
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Board
established
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8. (1) The Yukon Environmental and
Socio-economic Assessment Board is hereby
established, consisting of
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Appointment
by federal
minister
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(2) The federal minister shall appoint the
members of the Board after seeking the views
of the Minister of the Environment.
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Executive
committee
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(3) One member of the executive
committee referred to in paragraph (1)(a)
shall be appointed on the nomination of the
Council, another following consultation by
the federal minister with the territorial
minister and the third, being the Chairperson
of the Board, following consultation by the
federal minister with the other two members.
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Other
members
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(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.
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Additional
members
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(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.
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Consultation
of first nations
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(6) The Council shall consult the first
nations before nominating a person to the
Board.
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Residence of
Chairperson
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9. (1) The Chairperson of the Board must be
a resident of Yukon.
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Residency of
majorities
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(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.
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Term of office
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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.
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Term of first
members
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(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.
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Vacancy
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(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.
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Tenure
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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.
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Loss of
resident status
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(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.
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Consultation
by federal
minister
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(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.
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Reappointmen
t
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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.
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Conflict of
interest
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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.
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Yukon Indian
persons
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(2) A member is not in a material conflict of
interest solely by virtue of being a Yukon
Indian person.
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Remuneration
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14. (1) Each member of the Board shall be
paid the fees or other remuneration that is
fixed by the federal minister.
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Expenses
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(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.
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Benefits
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(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
public service of Canada for the purposes of
any regulations made under section 9 of the
Aeronautics Act.
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Quorum
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15. (1) A quorum of the Board consists of a
majority of the members holding office or
three members, whichever is greater.
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Telephone or
other
communicatio
ns
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(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.
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Property and
contracts
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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.
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Legal
proceedings
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(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.
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Staff and
advisers
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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.
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Indemnificati
on
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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.
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Main office
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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.
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