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| Preliminary
determination
s
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55. (1) Where a proposal for a project is
submitted to a designated office under
paragraph 50(1)(b), the designated office shall
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(a) consider whether the applicable rules
have, in its opinion, been complied with and
notify the proponent accordingly; and
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(b) determine whether the project will be
located, or might have significant
environmental or socio-economic effects,
in the territory of a first nation.
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| Evaluation by
designated
office
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(2) A designated office shall commence the
evaluation of a project as soon as possible after
it notifies the proponent affirmatively under
paragraph (1)(a).
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| Information
and views
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(3) A designated office may seek any
information or views that it believes relevant
to its evaluation.
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| Information
and views
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(4) Before making a recommendation under
any of paragraphs 56(1)(a) to (c), a designated
office shall seek views about the project, and
information that it believes relevant to the
evaluation, from any first nation identified
under paragraph (1)(b) and from any
government agency, independent regulatory
agency or first nation that has notified the
designated office of its interest in the project
or in projects of that kind.
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| Conclusion of
evaluation
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56. (1) At the conclusion of its evaluation,
a designated office shall
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(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;
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(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
significant adverse environmental or
socio-economic effects in or outside Yukon
that can be mitigated by those terms and
conditions;
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(c) recommend to those decision bodies that
the project not be allowed to proceed, if it
determines that the project will have
significant adverse environmental or
socio-economic effects in or outside Yukon
that cannot be mitigated; or
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(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
significant adverse environmental or
socio-economic effects.
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| Notification
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(2) A recommendation under any of
paragraphs (1)(a) to (c) shall be made in
writing with reasons and a copy provided to
the proponent.
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| Notice of
reasons for
referral
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(3) The designated office shall provide
written reasons for a referral under paragraph
(1)(d) to the proponent, to any first nation
identified under paragraph 55(1)(b) and to any
government agency, independent regulatory
agency or first nation that has notified the
designated office of its interest in the project
or in projects of that kind.
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| Revised
proposal
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(4) Following receipt of the reasons for
referral, the proponent shall submit a revised
proposal to the executive committee that takes
into account the matters referred to in
paragraphs 42(1)(b), (c) and (e) to (h).
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| Documentatio
n
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(5) Where a designated office refers a
project to the executive committee, it shall
provide the executive committee with copies
of its documentation relating to the project.
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| Preliminary
determination
|
57. (1) Where a proposal for a project is
submitted or referred to the executive
committee under paragraph 50(1)(a) or
56(1)(d), the executive committee shall
consider whether the applicable rules have, in
its opinion, been complied with and notify the
proponent accordingly.
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| Screening by
executive
committee
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(2) The executive committee shall
commence a screening of a project as soon as
possible after it notifies the proponent
affirmatively under subsection (1) and advises
the proponent that, in its opinion, the
proponent has in its proposal taken into
consideration the matters referred to in
paragraphs 42(1)(b), (c) and (e) to (h) and has
consulted first nations and the residents of
communities in accordance with subsection
50(3).
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| Information
and views
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(3) The executive committee may seek any
information or views that it believes relevant
to its screening.
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| Information
and views
|
(4) Before making a recommendation under
paragraph 58(1)(a), (b) or (c), the executive
committee shall seek views about the project,
and information that it believes relevant to the
screening, from any first nation consulted
under subsection 50(3) 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.
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| Conclusion of
screening
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58. (1) Subject to subsection (2), at the
conclusion of its screening the executive
committee shall
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(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;
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(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 significant adverse
environmental or socio-economic effects in
or outside Yukon that can be mitigated by
those terms and conditions;
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(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 significant
adverse environmental or socio-economic
effects in or outside Yukon that cannot be
mitigated; or
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(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 significant adverse environmental or
socio-economic effects.
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| Review
required -
other cases
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(2) Irrespective of any determination made
under subsection (1), the executive committee
shall require a review of the project if
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(a) it determines, after taking into account
any mitigative measures included in the
project proposal, that the project might
contribute significantly to cumulative
adverse environmental or socio-economic
effects in Yukon or that the project is
causing or is likely to cause significant
public concern in Yukon; or
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(b) it determines that the project involves
technology that is controversial in Yukon or
the effects of which are unknown.
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| Notification
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(3) A recommendation under paragraph
(1)(a), (b) or (c) shall be made in writing with
reasons and a copy provided to the proponent.
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| Notice of
reasons for
review
|
(4) Where the executive committee
requires a review under paragraph (1)(d) or
subsection (2), it shall provide written reasons
for doing so to the proponent and any first
nation 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.
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| Recommendat
ion for
non-referral
rejected
|
59. (1) Where the executive committee
recommends that a project not be referred for
a review, but that recommendation is rejected
by a decision body for the project and the
decision body so notifies the executive
committee in writing within 15 days after
receiving the recommendation, the executive
committee shall require a review of the
project.
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| Notice to
Environment
Minister
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(2) Where the executive committee is not
notified within the 15-day period and there is
no federal decision body for the project, the
executive committee shall so advise the
Minister of the Environment.
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| Review of
project
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60. (1) A request for a review of a project
may be made to the executive committee
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(a) by either the federal minister or the
Minister of the Environment, if there is a
federal decision body for the project;
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(b) by the territorial minister, if the
territorial minister is a decision body for the
project; or
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(c) by a first nation with the consent of the
federal minister and, if the territorial
minister is a decision body for the project,
with the consent of the territorial minister.
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| Joint request
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(2) A request for a review must be made
jointly by the territorial minister and either the
federal minister or the Minister of the
Environment if the decision bodies for the
project include both the territorial minister
and a federal decision body.
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| Exceptions
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(3) A request for a review may not be made
if
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(a) the executive committee has already
required a review of the project under
paragraph 58(1)(d) or subsection 58(2); or
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(b) a recommendation has already been
made in respect of the project by a
designated office or the executive
committee and all decision bodies to which
the recommendation was made have issued
decision documents.
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| Form of
review
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(4) A request shall specify whether a review
is to be a public review or some other form of
review.
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| Pending
assessments
|
(5) Where a request is made for a review,
any assessment of the project by a designated
office or the executive committee or any
consideration by a decision body of a
recommendation made in respect of the
project, as the case may be, shall be
discontinued.
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| Requirement
or request for
review
|
61. (1) When the executive committee,
under paragraph 58(1)(d) or subsection 58(2)
or 59(1), requires a review of a project for
which there is a federal decision body, or when
a public review of such a project is requested
under section 60, the executive committee
shall
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(a) notify the Minister of the Environment
of its intention to establish a panel of the
Board;
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(b) request that Minister to appoint a review
panel under subsection 33(1) of the
Canadian Environmental Assessment Act or
enter into an agreement for the joint
establishment of a review panel in
accordance with paragraph 40(2)(a) of that
Act; or
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(c) request that Minister to enter into
negotiations for the establishment of a joint
panel in accordance with section 67 of this
Act.
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| Consideration
of effects
outside Yukon
|
(2) When the executive committee, under
paragraph 58(1)(d) or subsection 58(2) or
59(1), requires a review of a project for which
there is no federal decision body, or when a
public review of such a project is requested
under section 60, the executive committee
shall
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(a) if it determines that the project might
have significant adverse environmental or
socio-economic effects outside Yukon,
make a request under paragraph (1)(b) or
(c); or
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(b) if it determines that the project will not
have such effects, so notify that Minister.
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| Response by
Minister
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(3) The Minister of the Environment may,
within 30 days after receiving a notification
under paragraph (1)(a), direct the executive
committee not to establish a panel of the
Board, in which case the executive committee
shall make a request under paragraph (1)(b) or
(c).
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| Determination
by Minister
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(4) After receiving a notification of the
executive committee's determination under
paragraph (2)(b), the Minister of the
Environment may consider and determine the
same question and, if that Minister advises the
executive committee of a contrary
determination within 30 days after the
notification, the executive committee shall
make a request under paragraph (1)(b) or (c).
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| Determination
by Minister
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62. (1) Within 30 days after the Minister of
the Environment receives a request made
under paragraph 61(1)(b) or (c), that Minister
shall notify the executive committee whether
he or she agrees to the request and, in the case
of paragraph 61(1)(b), of the choice made
under that paragraph.
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| Power of
Environment
Minister
|
(2) Within 10 days after a notification under
subsection 59(2), the Minister of the
Environment may give notice to the decision
bodies for a project that that Minister intends
to appoint a review panel under subsection
33(1) of the Canadian Environmental
Assessment Act or to enter into an agreement
for the joint establishment of a review panel in
accordance with paragraph 40(2)(a) of that
Act.
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| Application of
Canadian
Environmenta
l Assessment
Act
|
63. (1) Where the Minister of the
Environment agrees to a request made under
paragraph 61(1)(b) or gives notice of that
Minister's intention under subsection 62(2),
the provisions of the Canadian Environmental
Assessment Act relating to the conduct of
assessments by a review panel, or relating to
agreements for the joint establishment of a
review panel, as the case may be, apply in
respect of the project, subject to the other
provisions of this section and section 64.
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| Application
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(2) For the purposes of subsection (1),
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(a) the decision bodies for the project are
deemed to be responsible authorities within
the meaning of the Canadian
Environmental Assessment Act; and
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(b) the executive committee has the power
to enter into an agreement for the joint
establishment of a review panel.
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| Request for
consent
|
(3) Before appointing a review panel
referred to in subsection (1) or entering into an
agreement for the joint establishment of such
a review panel, the Minister of the
Environment shall determine whether the
project will be located, or might have
significant environmental or socio-economic
effects, in the territory of a first nation and, if
so, shall request each such first nation to
indicate within 30 days after that
determination whether it consents to the
appointment of a review panel.
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| Request for
list of
nominees
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(4) If any first nation does not indicate its
consent within the period of 30 days, the
Minister of the Environment shall request the
Council and the territorial minister each to
provide within 60 days a list of nominees for
appointment to the review panel.
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| When panel
may be
established
|
(5) A review panel referred to in subsection
(1) may be appointed and its terms of
reference may be fixed only if
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(a) all first nations give their consent within
30 days after a request is made under
subsection (3), or there are no first nations
to whom subsection (3) applies; or
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(b) the period of 60 days referred to in
subsection (4) has expired, in which case at
least one quarter of the members of the
review panel shall be chosen from each list
of nominees, if any, provided to the
Minister of the Environment within that
period.
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| Yukon Indian
persons not in
conflict
|
(6) For the purposes of the application of
paragraph 33(1)(a) or 41(b) of the Canadian
Environmental Assessment Act in respect of a
project, a member of the review panel is not in
a material conflict of interest solely by virtue
of being a Yukon Indian person.
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| Response by
responsible
authority
|
(7) In respect of a project referred to in
subsection (1), if the report of a review panel
established under the Canadian
Environmental Assessment Act is submitted to
a responsible authority - within the meaning
of that Act - that is not a decision body, the
provisions of that Act relating to the response
of a responsible authority apply in respect of
the report.
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| Referral back
to executive
committee
|
64. The Minister of the Environment may
refer a project back to the executive
committee within 45 days after the last request
for consent made by that Minister under
subsection 63(3) or, where there are no first
nations to which that subsection applies,
within 45 days after notifying the executive
committee of that Minister's agreement to a
request under paragraph 61(1)(b).
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