Consideration of Recommendations and Issuance of Decision Documents

Consideration of accompanyin g information

74. (1) A decision body considering a recommendation in respect of a project shall give full and fair consideration to scientific information, traditional knowledge and other information that is provided with the recommendation.

First nations without final agreements

(2) A decision body considering a recommendation in respect of a project shall consult a first nation for which no final agreement is in effect if the project is to be located wholly or partly, or might have significant adverse environmental or socio-economic effects, in the first nation's territory.

Decision on recommendati on from designated office, joint panel or review panel

75. (1) Where a designated office, a joint panel or a review panel referred to in section 63 makes a recommendation to a decision body, the decision body shall issue a decision document within the period prescribed by the regulations accepting, rejecting or varying the recommendation.

Approval of Governor in Council

(2) Where a review panel referred to in section 63 makes a recommendation to a federal decision body, the federal decision body need not issue a decision document within the period referred to in subsection (1) and may not issue a decision document unless it has obtained the approval of the Governor in Council.

Decision on recommendati on from executive committee or panel of the Board

76. (1) Subject to subsection 59(1), where the executive committee or a panel of the Board makes a recommendation to a decision body, the decision body shall, within the period prescribed by the regulations,

    (a) issue a decision document accepting the recommendation; or

    (b) refer the recommendation back to the executive committee or the panel for reconsideration by it, unless that recommendation was made in response to a previous referral under this paragraph.

Notice of referral back

(2) When a decision body refers a recommendation back to the executive committee or a panel of the Board for reconsideration, it shall give notice of the referral to every person or body referred to in paragraphs 81(1)(a), (b) and (f) to (i).

Effect of referral back

(3) On being notified under subsection (2),

    (a) every other decision body for the project shall discontinue its consideration of the recommendation; and

    (b) no person or body required under sections 82 to 88 to implement a decision document already issued shall take any action that would enable the project to be undertaken.

Reconsiderati on on referral back

77. (1) When it reconsiders a recommendation that is referred back to it under paragraph 76(1)(b), the executive committee and the panel of the Board may exercise the powers and shall perform the duties that they have, respectively, in relation to screenings and reviews.

Time periods

(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, or else it is deemed to have made the same recommendation that it made at the conclusion of its screening or review.

New recommendati on

(3) Every decision body shall, within the period prescribed by the regulations, issue a decision document accepting, rejecting or varying the new recommendation, and that decision document replaces any previous decision document issued by it in respect of the project.

Consultation between decision bodies

78. (1) Where decision documents must be issued in relation to a project by more than one decision body, the decision bodies shall, before issuing the decision documents, consult one another in accordance with the regulations with a view to making their decision documents conform.

Consolidation of decision documents

(2) Any two or more decision bodies in respect of a project may agree to consolidate their decision documents.

Mining interest on settlement lands

79. Notwithstanding sections 75 and 76, where a project involves a right to work mines and minerals situated in category B or fee simple settlement land or Tetlit Gwich'in Yukon land, and decision documents must be issued in relation to the project by a first nation as well as by a federal decision body or the territorial minister, neither of those decision bodies may reject or vary any recommendation made in respect of the project except on the ground that a recommended term or condition is

    (a) insufficient to prevent unacceptable environmental or socio-economic effects in Yukon;

    (b) more onerous than necessary to prevent such effects; or

    (c) so onerous as to undermine the economic viability of the project.

Decision body's reasons

80. (1) A decision body shall include in a decision document the reasons for which it rejected or varied any recommendation.

Statutory Instruments Act

(2) A decision document is not a statutory instrument for the purposes of the Statutory Instruments Act.

Distribution of decision documents

81. (1) A decision body shall provide copies of a decision document to

    (a) every other decision body for the project;

    (b) the proponent of the project;

    (c) the designated office in whose assessment district the project is proposed to be undertaken;

    (d) the executive committee, if the recommendation to the decision body was made by the executive committee, a panel of the Board, a joint panel or a review panel referred to in section 63;

    (e) the Minister of the Environment, if the recommendation to the decision body was made by a review panel referred to in section 63;

    (f) any independent regulatory agency from which an authorization is required, or to which an application is made for financial assistance, to enable the project to be undertaken;

    (g) the Yukon Surface Rights Board, if an access order is required for the project under the Yukon Surface Rights Board Act;

    (h) the Yukon Territory Water Board, if a licence is required for the project under the Yukon Waters Act; and

    (i) any other person or body that is required to implement the decision document under subsection 82(2), 83(2) or 84(2) or (3).

Decision not in conformity with land use plan

(2) Where a decision document allows a project to be undertaken not in conformity with a land use plan referred to in section 44, the decision body shall provide a copy of the decision document to the planning commission that prepared the plan and to any person or body that approved the plan.

Implementation of Decision Documents

Federal agencies

82. (1) A federal agency that is a decision body for a project shall not undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until it has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken.

Implementing decision document

(2) Notwithstanding the limitations in any other federal law, a federal agency undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by it in respect of the project.

Territorial agencies and municipal governments

83. (1) Where the territorial minister is a decision body for a project, no territorial agency or municipal government shall undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until the territorial minister has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken.

Implementing decision document

(2) To the extent of its authority under the Yukon Act, territorial laws or municipal by-laws, every territorial agency and every municipal government undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by the territorial minister in respect of the project.

First nations

84. (1) A first nation that is a decision body for a project shall not undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until it has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken.

Implementing decision document

(2) To the extent of its authority under the Yukon First Nations Self-Government Act, first nation laws or its final agreement, a first nation undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by it in respect of the project.

Decision document relating to mines

(3) Notwithstanding subsection (2), if a project involves a right to work mines and minerals in category B or fee simple settlement land or Tetlit Gwich'in Yukon land, a first nation taking any action that enables the project to be undertaken shall implement

    (a) a decision document issued in respect of the project by the territorial minister to the extent that it is inconsistent with the first nation's decision document, where the Commissioner of Yukon has the administration and control of those mines and minerals; or

    (b) a decision document issued in respect of the project by a federal agency to the extent that it is inconsistent with the first nation's decision document, where the federal agency has the administration of those mines and minerals.

Interpretation

85. The obligation to implement decision documents under subsections 82(2), 83(2) and 84(2) and (3) does not require the making of any regulation, municipal by-law, first nation law or other law.

Water licences

86. The Yukon Territory Water Board may not, under the Yukon Waters Act,

    (a) issue a licence if the issuance of a licence is contrary to a decision document issued by another federal agency or a decision document that a territorial agency, municipal government or first nation is required by subsection 83(2) or 84(2) or (3) to implement; or

    (b) set terms of a licence that conflict with such a decision document, to the extent that another federal agency or a territorial agency, municipal government or first nation is required to implement that decision document.

Federal independent regulatory agencies

87. (1) A federal independent regulatory agency shall not require that a project be undertaken or take any action that enables a project to be undertaken until every federal decision body for the project and, in the case of the National Energy Board, the territorial minister has issued a decision document in respect of the project under section 75, 76 or 77.

Conformity with decision document

(2) A federal independent regulatory agency, other than the National Energy Board, shall

    (a) when it requires that a project be undertaken or takes any action that enables a project to be undertaken, endeavour to the extent practicable to implement any decision document issued by a federal decision body; and

    (b) when it issues an authorization that enables a project to be undertaken, endeavour to the extent practicable to make the authorization conform with any decision document issued by a federal decision body, and provide written reasons to that decision body for any want of conformity.

National Energy Board

(3) The National Energy Board shall

    (a) when it requires that a project be undertaken or provides financial assistance for a project, take into consideration any decision document issued by a federal decision body or the territorial minister; and

    (b) when it issues an authorization to enable a project to be undertaken, take into consideration any decision document issued by a federal decision body or the territorial minister and provide written reasons to the decision body or the minister for any want of conformity.

Territorial independent regulatory agencies

88. (1) A territorial independent regulatory agency shall not require that a project be undertaken, or take any action that enables a project to be undertaken, until the territorial minister has issued a decision document in respect of the project under section 75, 76 or 77.

Conformity with decision document

(2) A territorial independent regulatory agency shall

    (a) when it requires that a project be undertaken or takes any action that enables a project to be undertaken, endeavour to the extent practicable to implement any decision document issued by the territorial minister; and

    (b) when it issues an authorization that enables a project to be undertaken, endeavour to the extent practicable to make the authorization conform with any decision document issued by the territorial minister, and provide written reasons to the minister for any want of conformity.

Notice of actions taken following decision

89. Following the issuance of a decision document allowing a project to be undertaken, every government agency, municipal government, independent regulatory agency and first nation shall notify the Board whenever it

    (a) issues any authorization required for the project to be undertaken, or amends or revokes that authorization;

    (b) grants any interest in land required for the project to be undertaken, or modifies or withdraws that interest; or

    (c) provides any financial assistance that enables the project to be undertaken, or alters or cancels that assistance.

Projects on Yukon North Slope

Definitions

90. (1) The following definitions apply in this section and section 91.

``Agreement''
« convention »

``Agreement'' means the Inuvialuit Final Agreement, given effect by the Western Arctic (Inuvialuit) Claims Settlement Act, chapter 24 of the Statutes of Canada, 1984, as it read on the date that the Yukon First Nations Land Claims Settlement Act came into force.

``Screening Committee'' and ``Review Board''
« Bureau d'examen des répercussions environnemen tales » et « Comité d'étude des répercussions environnemen tales »

``Screening Committee'' and ``Review Board'' mean the Environmental Impact Screening Committee and the Environmental Impact Review Board, respectively, established by section 11 of the Agreement.

``Yukon North Slope''
« Versant nord du Yukon »

``Yukon North Slope'' has the same meaning as in section 12 of the Agreement.

Additional consideration

(2) In an assessment of a project located on the Yukon North Slope, a designated office, the executive committee or a panel of the Board shall take into consideration, in addition to the matters set out in subsections 42(1) to (3), the need to protect the rights of the Inuvialuit under the Agreement, and may take into consideration any matter that it considers relevant.

Recommendat ions re project

(3) Where a recommendation is made by a designated office, the executive committee or a panel of the Board in respect of a project located on the Yukon North Slope, a copy of the recommendation including reasons shall be provided to the Screening Committee.

Reasons for panel review

(4) Where the executive committee requires that a project located on the Yukon North Slope be reviewed by a panel of the Board, the executive committee shall provide its reasons for doing so to the Screening Committee.

Examination by Screening Committee or Review Board

91. (1) When the Screening Committee or Review Board examines a project located on the Yukon North Slope, the competent government authority that receives its report or recommendation pursuant to the Agreement shall provide a copy of the authority's response to the report or recommendation to the Board and to the designated office in whose assessment district the project is located.

Referral by Screening Committee to Review Board

(2) Where a project located on the Yukon North Slope is referred to the Review Board by the Screening Committee,

    (a) the provisions of this Part relating to assessments and decision documents cease to apply in respect of the project; and

    (b) any panel of the Board already established to review the project shall provide the Review Board with copies of all documents relating to the project.