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| Establishment
of panel
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65. (1) Except where an agreement is
entered into under section 67, the executive
committee shall establish a panel of the Board
to conduct a review of a project where
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(a) a request is made under section 60 for a
form of review other than a public review;
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(b) the Minister of the Environment does
not direct the executive committee as
provided in subsection 61(3), does not
advise the executive committee as provided
in subsection 61(4) or does not agree to a
request as provided in subsection 62(1); or
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(c) the Minister of the Environment refers
the project back to the executive committee
under section 64.
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| Failure to
enter into
agreement
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(2) The executive committee shall establish
a panel of the Board to conduct a review of a
project where, despite negotiations entered
into under paragraph 61(1)(c) for the
establishment of a joint panel, no agreement is
concluded pursuant to section 67.
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| Determination
by executive
committee
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(3) Before a panel of the Board is
established, the executive committee shall
determine whether the project is likely to have
significant adverse environmental or
socio-economic effects primarily on
settlement land or on non-settlement land.
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| Designation
of members
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(4) The executive committee shall select
the members of a panel of the Board for the
review of a project from among the members
of the Board, and shall designate one of them
to be chairperson.
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| Composition
of panels
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(5) A panel of the Board shall be constituted
as follows:
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(a) if the executive committee concludes
under subsection (3) that effects are likely
to occur primarily on settlement land, two
thirds of the members of the panel must be
members nominated to the Board by the
Council and one third must be members,
excluding the Chairperson of the Board,
who are not so nominated;
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(b) if the executive committee concludes
under subsection (3) that effects are likely
to occur primarily on non-settlement land,
one third of the members of the panel must
be members nominated to the Board by the
Council and two thirds must be members,
excluding the Chairperson of the Board,
who are not so nominated; and
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(c) in any other case, of the members of the
panel other than its chairperson, one half
must be members nominated to the Board
by the Council and one half must be
members who are not so nominated.
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| Attendance
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(6) Every member of a panel of the Board
must be present at each meeting or hearing of
the panel.
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| Vacancies
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(7) In the event of the absence or incapacity,
or a vacancy in the office, of a member of a
panel of the Board, the executive committee
shall, in a manner consistent with the
proportions set out in subsection (5),
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(a) direct some or all of the remaining
members of the panel to resume the review;
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(b) appoint another member to the panel
and direct the panel to resume or
recommence the review; or
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(c) appoint a new panel and direct the panel
to recommence the review.
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| Terms of
reference
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66. (1) Subject to any specification as to the
form of review referred to in subsection 60(4),
the executive committee shall establish the
terms of reference of a panel of the Board.
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| Publication of
notice
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(2) The executive committee shall publish,
in a periodical that, in its opinion, has a large
circulation in Yukon,
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(a) a notice of the establishment of a panel
of the Board, and of the manner in which the
public may obtain copies of the panel's
terms of reference; and
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(b) if the panel's terms of reference are
subsequently modified, a notice of the
manner in which the public may obtain
copies of the modification and of the
reasons for it.
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| Determination
by executive
committee
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(3) In the case of a project that is the subject
of a request referred to in paragraph 65(1)(a),
the executive committee shall determine
whether it will be located, or might have
significant environmental or socio-economic
effects, in the territory of a first nation.
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| Distribution
of terms of
reference
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(4) The executive committee shall provide
copies of the terms of reference of a panel of
the Board, and of any modification made to
them with the reasons for it, to the proponent
and any first nation identified under
subsection (3) or 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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| Conclusion of
agreement
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67. (1) Where the Minister of the
Environment agrees to a request made by the
executive committee under paragraph
61(1)(c), the executive committee may, with
the approval of the federal minister, enter into
an agreement with the Minister of the
Environment for the establishment of a joint
panel to conduct a review of the project.
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| Joint panel
agreement
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(2) In circumstances referred to in
paragraphs 65(1)(a) to (c), the executive
committee may, with the approval of the
federal minister, enter into an agreement for
the purpose referred to in subsection (1) with
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(a) the Minister of the Environment; or
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(b) any authority having power to examine
the environmental or socio-economic
effects of the project, or of an activity that
is to be undertaken partly outside Yukon
and of which the project forms part.
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| Contents of
agreement
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(3) An agreement for the establishment of a
joint panel must
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(a) provide for the composition of the joint
panel, the manner of appointment of its
members and the selection of a chairperson;
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(b) contain the terms of reference of the
joint panel and indicate how they may be
modified;
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(c) require the joint panel to take into
consideration the matters set out in
subsections 42(1) to (3) in its review and
permit it to take into consideration any
other matter that it considers relevant;
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(d) prescribe rules to be followed in the
conduct of the review, including rules about
the information to be provided by the
proponent, the scheduling of the review, the
quorum, the mode of participation of
interested persons and the integration of
scientific information, traditional
knowledge and other information;
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(e) name a person or body that consents to
indemnify the members of the joint panel in
accordance with subsection (5) and, if it is
the Board, indicate that the federal minister
concurs; and
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(f) require that, on completion of the review,
the joint panel submit a report to the
decision bodies for the project and publish
the report.
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| Publication of
notice
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(4) The executive committee shall publish,
in a periodical that, in its opinion, has a large
circulation in Yukon,
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(a) a notice of the conclusion of an
agreement for the establishment of a joint
panel and the manner in which copies of the
agreement may be obtained by the public;
and
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(b) a notice of any amendments made to the
agreement and the manner in which copies
of the amendments and the reasons for them
may be obtained by the public.
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| Indemnificati
on of panel
members
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(5) The members of a joint panel shall be
indemnified by the person or body referred to
in paragraph (3)(e) for all damages awarded
against them, for any settlement paid by them
with the approval of the federal minister and
that person or body and for all expenses
reasonably incurred by them, in respect of any
claim arising out of their functions as
members that were carried out honestly and in
good faith with a view to the best interests of
the joint panel.
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| Preliminary
determination
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68. (1) Following the conclusion of an
agreement for a joint panel, the executive
committee shall 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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| Distribution
of terms of
reference
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(2) The executive committee shall provide
copies of the terms of reference of a joint
panel, and of any modification made to them
with the reasons for the modification, to the
proponent of the project, to any first nation
identified under subsection (1) and 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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| Equivalence
of joint panel
review
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69. A review by a joint panel fulfils the
requirements of any provision of this Act for
a review by a panel of the Board.
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| Conduct of
panel review
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70. (1) Subject to its terms of reference and
any specification referred to in subsection
60(4), a panel of the Board or a joint panel
established to review a project may determine
any matter that it considers appropriate for the
conduct of the review and shall determine
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(a) a schedule for the review;
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(b) the information to be provided by the
proponent; and
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(c) the manner of participation by first
nations, residents of communities, the
federal and territorial governments and
interested persons.
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| Determination
by panel
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(2) Before commencing public hearings, a
panel of the Board or a joint panel shall
determine whether the project will be located,
or might have significant adverse
environmental or socio-economic effects, on
the settlement land of a first nation or on
non-settlement land.
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| Location of
hearings
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(3) A review of a project by a panel of the
Board or a joint panel may include public
hearings in any location chosen by the panel
and, except in the case of a review requested
under subsection 60(4) that is not a public
review, shall include public hearings
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(a) in a community within the territory of
each first nation, other than the Tetlit
Gwich'in, whose settlement land is
identified under subsection (2) - unless
the panel and the first nation agree
otherwise;
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(b) in a community within the Gwich'in
settlement area referred to in the Gwich'in
Agreement, if Tetlit Gwich'in Yukon land is
settlement land identified under subsection
(2) - unless the panel and the Gwich'in
Tribal Council agree otherwise; and
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(c) in the community in Canada closest to
the project, if non-settlement land is
identified under subsection (2) - unless
another location in Canada is agreed on for
that purpose by the panel, the proponent,
the decision bodies for the project and any
first nation whose settlement land is
identified under subsection (2).
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| Combined
public
hearings
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(4) A public hearing held by a panel of the
Board or a joint panel for the purposes of the
review of a project may be combined with a
public hearing held by any other body in
relation to the project
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(a) with the approval of the executive
committee, in the case of a panel of the
Board; or
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(b) in accordance with an agreement made
under section 67, in the case of a joint panel.
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| Judicial
powers of
panels
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71. (1) A panel of the Board or a joint panel
has, for the purposes of a review of a project,
the powers, rights and privileges of a superior
court with respect to the attendance and
examination of witnesses and the production
and inspection of documents and other
evidence.
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| Enforcement
by court
process
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(2) A summons issued or an order made by
a panel of the Board or a joint panel under
subsection (1) may be made a summons or
order of a superior court by filing a certified
copy of it with the registrar of the court and,
when so made, is enforceable in the same
manner as a summons or order of that court.
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| Commenceme
nt of panel
review
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72. (1) A panel of the Board or a joint panel
established to review a project shall
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(a) consider whether the applicable rules
have been complied with and notify the
proponent accordingly; and
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(b) commence the review as soon as
possible after it notifies the proponent that,
in its opinion, the applicable rules have
been complied with.
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| Other
information
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(2) A panel of the Board or a joint panel may
seek any information or views that it believes
relevant to its review.
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| Other
information
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(3) Before making a recommendation under
this section, a panel of the Board or a joint
panel shall seek views about the project, and
information that it believes relevant to the
review, from any first nation consulted under
subsection 50(3) or identified under
subsection 66(3) or 68(1) 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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| Recommendat
ions of panel
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(4) At the conclusion of its review, a panel
of the Board or a joint panel shall recommend
to the decision bodies for the project that
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(a) the project be allowed to proceed, if it
determines that the project will have no
significant adverse environmental or
socio-economic effects in or outside Yukon;
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(b) 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; or
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(c) 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.
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| Other
recipient of
recommendati
on
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(5) A recommendation of a panel of the
Board or a joint panel shall be made in writing
with reasons and a copy provided to the
proponent.
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| Review panel
under
Canadian
Environmenta
l Assessment
Act
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73. When a report is made to the Minister of
the Environment by a review panel under the
Canadian Environmental Assessment Act in
respect of a project referred to in section 63,
the report shall include one of the
recommendations referred to in subsection
72(4), and a copy of the report shall be
provided to the decision bodies for the project
and to the proponent.
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