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| Scientific and
traditional
knowledge
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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.
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| Non-duplicati
on and
certainty
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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.
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| Timeliness of
assessments
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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.
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| Matters to be
considered
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42. (1) In conducting an assessment of a
project or existing project, a designated office,
the executive committee or a panel of the
Board shall take the following matters into
consideration:
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(a) the purpose of the project or existing
project;
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(b) all stages of the project or existing
project;
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(c) the significance of any environmental or
socio-economic effects of the project or
existing project that have occurred or might
occur in or outside Yukon, including the
effects of malfunctions or accidents;
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(d) the significance of any adverse
cumulative environmental or
socio-economic effects that have occurred
or might occur in connection with the
project or existing project in combination
with the effects of
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(i) other projects for which proposals
have been submitted under subsection
50(1), or
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(ii) other existing or proposed activities
in or outside Yukon that are known to the
designated office, executive committee
or panel of the Board from information
provided to it or obtained by it under this
Act;
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(e) alternatives to the project or existing
project, or alternative ways of undertaking
or operating it, that would avoid or
minimize any significant adverse
environmental or socio-economic effects;
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(f) mitigative measures and measures to
compensate for any significant adverse
environmental or socio-economic effects;
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(g) the need to protect the rights of Yukon
Indian persons under final agreements, the
special relationship between Yukon Indian
persons and the wilderness environment of
Yukon, and the cultures, traditions, health
and lifestyles of Yukon Indian persons and
other residents of Yukon;
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(h) the interests of residents of Yukon and of
Canadian residents outside Yukon;
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(i) any matter that a decision body has asked
it to take into consideration; and
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(j) any matter specified by the regulations.
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| Additional
matters to be
considered
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(2) In addition to the matters referred to in
subsection (1), the executive committee or a
panel of the Board shall take the following
matters into consideration:
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(a) the need for effects monitoring; and
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(b) the capacity of any renewable resources
that are likely to be significantly affected by
the project or existing project to meet
present and future needs.
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| Consideration
of standards
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(3) Where a project or existing project to be
assessed belongs to a class, or is to be located
in a geographic area, for which standard
mitigative measures have been developed,
whether developed by the designated office or
the executive committee, those measures shall
be taken into consideration by the designated
office, the executive committee or a panel of
the Board when assessing the project or
existing project.
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| Optional
matters
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(4) A designated office, the executive
committee or a panel of the Board may also
take into consideration any matter that it
considers relevant in the assessment of a
project or existing project.
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| Requiring
additional
information
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43. 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.
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| Regional land
use plans
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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.
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| Non-conformi
ty with plan
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(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.
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| Recommendat
ion for project
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(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.
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| Pending land
use plan
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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.
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| Representatio
ns
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(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.
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| Participation
by interested
persons
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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.
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| Regulations
identifying
activities
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47. (1) The Governor in Council may make
regulations
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(a) listing activities that may be made
subject to assessment; and
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(b) making exceptions from activities so
listed.
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| Circumstances
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(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
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(a) a federal agency or federal independent
regulatory agency is the proponent or
receives an application for financial
assistance for the activity;
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(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;
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(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
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(d) an authorization by the Governor in
Council is required for the activity to be
undertaken.
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| Declarations
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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
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(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 or
has received an application for financial
assistance for the activity;
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(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, has the power to issue an
authorization or to grant an interest in land
required for the activity to be undertaken or
has received an application for financial
assistance for the activity;
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(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
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(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.
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| Consent to
declaration
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(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.
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| Significant
adverse
effects
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(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
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(a) have significant adverse environmental
or socio-economic effects in or outside
Yukon; or
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(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.
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| Activity in
protected area
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(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
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(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;
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(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
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(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.
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| 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.
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| Reporting
after
emergencies
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(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.
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| Submission of
proposals
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50. (1) A proponent shall submit a proposal
for a project
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(a) to the executive committee, in the case
of a project specified in regulations made
under paragraph 122(c); or
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(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).
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| Consideration
s by
proponent
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(2) The proponent of a project shall, in
preparing a proposal,
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(a) take into consideration the matters
referred to in paragraphs 42(1)(b), (c), (e)
and (f), in the case of a proposal submitted
to a designated office, or the matters
referred to in paragraphs 42(1)(b), (c) and
(e) to (h), in the case of a proposal submitted
to the executive committee; and
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(b) incorporate any mitigative measures
that may be appropriate.
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| Consultation
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(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.
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| Notification
of
Environment
Minister
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(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.
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| 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.
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| Grouping of
related
projects
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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.
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| 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
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(a) a single project is located in two or more
assessment districts; or
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(b) a designated office considers projects
located in two or more assessment districts
to be closely related.
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| 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.
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| Discontinuanc
e
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(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.
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