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| Collaboration
on projects
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92. (1) In the assessment of a project that
forms part of an activity to be located wholly
or partly in Yukon, a designated office or the
executive committee shall collaborate, to the
extent practicable, with any other body
proposing to examine the activity's
environmental or socio-economic effects.
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| Adoption of
report
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(2) Where a body referred to in subsection
(1) issues a report of its examination, the
designated office or the executive committee
may, in lieu of all or part of its assessment of
the project, adopt any portions of the report
that, in its opinion, fulfil any of the
requirements of this Act.
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| External
activities
affecting
Yukon
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93. (1) At the request of the federal minister
or the Minister of the Environment - or at the
request of the territorial minister or a first
nation and at their expense, unless the federal
minister consents to the request - the
executive committee may, in respect of an
activity outside Yukon that, in its opinion, has
or will have significant adverse
environmental or socio-economic effects in
Yukon,
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(a) establish a panel of the Board to conduct
a review of the activity, in accordance with
an agreement entered into by the executive
committee with the requesting minister or
first nation; or
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(b) participate in a consideration of the
environmental and socio-economic effects
of the activity conducted by a public body
outside Yukon, in a manner specified in the
request and accepted by that body.
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| Report by
panel
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(2) A panel of the Board referred to in
paragraph (1)(a) shall issue a report in relation
to any significant adverse environmental or
socio-economic effects of the activity to the
proponent of the activity, the minister or first
nation that requested the review and, if the
federal minister consented to the request, the
federal minister.
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| Response to
Board
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(3) A minister or first nation that requests a
review shall provide the Board with a written
response to the report of a panel of the Board.
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| Definition of
``administrati
ve authority''
|
94. (1) In sections 95 to 101,
``administrative authority'', in relation to a
review of an existing project, means a
government agency, an independent
regulatory agency, a municipal government or
a first nation that
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(a) is the operator of the existing project,
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(b) has the power to assume the operation of
or to shut down the existing project, or
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(c) has the power to amend, suspend or
revoke an authorization that was issued, or
to modify, suspend or withdraw an interest
in land that was granted, to enable the
existing project to be undertaken or
completed,
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and includes the Governor in Council, if the
Governor in Council has a power referred to in
paragraph (b) or (c).
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| Definition of
``operator''
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(2) In subsection (1) and sections 95 to 101,
``operator'', in relation to an existing project,
means the person or body responsible for its
operation.
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| Request for
panel review
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95. (1) The executive committee shall
establish a panel of the Board to conduct a
review of an existing project, of a proposed
abandonment, decommissioning or
temporary shutdown of an existing project, or
of a proposed significant change to an existing
project other than a change that is subject to
assessment under any other provision of this
Act,
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(a) at the request of the federal minister, if
there is an administrative authority for the
existing project that is a federal agency or
federal independent regulatory authority;
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(b) at the request of the territorial minister,
if there is an administrative authority for the
existing project that is established by or
under the Yukon Act; or
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(c) at the request of a first nation and with
the consent of
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(i) the federal minister, and
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(ii) the territorial minister, where a
territorial agency, a municipal
government or a territorial independent
regulatory agency is an administrative
authority for the existing project.
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| Joint request
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(2) A request for a review must be made
jointly by the federal and territorial ministers
if there are administrative authorities
described in paragraphs (1)(a) and (b).
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| Consent of
first nation
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(3) If a first nation is an administrative
authority for an existing project, a request for
a review by the federal or territorial minister
may only be made with the first nation's
consent.
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| Form of
review
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(4) A request for a review shall specify
whether the review is to be a public review or
some other form of review.
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| Discontinuanc
e
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(5) If any minister or first nation that
requested a review withdraws the request, the
panel conducting the review shall discontinue
it.
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| Designation
of members
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96. (1) The executive committee shall
select the members of a panel of the Board,
including its chairperson, from among the
members of the Board.
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| Determination
by executive
committee
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(2) Before the executive committee
establishes a panel of the Board, it shall
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(a) if the request is for the review of the
existing project, determine whether the
existing project is having or might
subsequently have significant adverse
environmental or socio-economic effects
primarily on settlement land of a first nation
or on non-settlement land; or
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(b) if the request is for the review of a
proposed abandonment, decommissioning,
temporary shutdown or significant change,
determine whether it might have significant
adverse environmental or socio-economic
effects primarily on settlement land of a
first nation or on non-settlement land.
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| Composition
of panels
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(3) A panel of the Board shall be constituted
as follows:
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(a) if the executive committee concludes
under subsection (2) that effects are
occurring or might 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 (2) that effects are
occurring or might 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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(4) 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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(5) 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 (3),
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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 it to
recommence the review.
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| Terms of
reference
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97. (1) Subject to any specification as to the
form of review referred to in subsection 95(4),
the executive committee shall set the terms of
reference of the 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, 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.
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| Modification
of terms of
reference
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(3) If a panel's terms of reference are
modified, the executive committee shall
publish in a periodical referred to in
subsection (2) 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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| Distribution
of terms of
reference
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(4) The executive committee shall provide
copies of the terms of reference, and of any
modification made to them with the reasons
for the modification, to the operator of the
existing project, to any minister or first nation
that requested or consented to the review, to
any first nation identified under subsection
96(2) and to any government agency,
independent regulatory agency or first nation
that has notified the executive committee of
its interest in the existing project or in existing
projects of that kind.
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| Commenceme
nt of review
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98. (1) A panel of the Board established
under section 95 shall commence its review as
soon as possible after it notifies the operator
and the administrative authority that, in its
opinion, the applicable rules have been
complied with.
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| Power to
require
additional
information
|
(2) A panel of the Board may, before or after
commencing its review, require the operator
to provide any supplementary information
that it considers necessary for the review.
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| Judicial
powers of
panels
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99. (1) A panel of the Board has, for the
purposes of its review, 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 order made by a
panel of the Board 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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| Preliminary
determination
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100. (1) A panel of the Board established
pursuant to a request that specified a public
review shall determine whether the existing
project is located on the settlement land of a
first nation or on non-settlement land.
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| Determination
by panel
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(2) A panel of the Board referred to in
subsection (1) shall
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(a) if the request is for the review of the
existing project, determine whether the
existing project is having, or might
subsequently have, significant adverse
environmental or socio-economic effects
on settlement land of a first nation or on
non-settlement land; or
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(b) if the request is for the review of a
proposed abandonment, decommissioning,
temporary shutdown or significant change,
determine whether it might have significant
adverse environmental or socio-economic
effects on 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 by a panel of the Board
established under section 95 may include
public hearings in any location chosen by the
panel and, where the request under that
section is for a public review, shall include
public hearings in the following locations:
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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 (1) or
(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
(1) or (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 existing project, if non-settlement land
is identified under subsection (1) or
(2) - unless another location in Canada is
agreed on for that purpose by the panel, the
operator, the decision bodies for the project
and any first nation whose settlement land
is identified under subsection (1) or (2).
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| Recommendat
ions of panel
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101. (1) A panel of the Board established
under section 95 shall make a written report of
its review to the minister or first nation that
requested the review, in which the panel may
make any recommendation based on the
review that it considers to be appropriate.
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| Copy of
report
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(2) A copy of the report of a panel of the
Board shall be provided to the operator of the
existing project, every administrative
authority in respect of the existing project and
any minister that consented to the request for
the review.
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| Consideration
of
recommendati
ons
|
(3) The minister or first nation that
requested a review shall give full and fair
consideration to any recommendations made
by a panel of the Board and shall provide a
written response to the Board describing any
action that they plan to take in response to the
report.
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| Definition of
``originator''
|
102. In sections 103 to 109, ``originator''
means the government agency, first nation or
other body by or for which a plan is prepared.
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| Request for
panel review
|
103. (1) If the executive committee
considers that the implementation of a plan
might have significant adverse environmental
or socio-economic effects in Yukon, it may
establish a panel of the Board to conduct a
review of the plan
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(a) at the request of the federal minister, if
a federal agency is the originator;
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(b) at the request of the territorial minister,
if a territorial agency or municipal
government is the originator; or
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(c) at the request of a first nation, and either
at the first nation's expense or with the
consent of the federal minister and, where
a territorial agency or municipal
government is the originator, the consent of
the territorial minister.
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| Joint request
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(2) A request for a review shall be made
jointly by the territorial minister and the
federal minister if both a territorial agency or
municipal government and a federal agency
are originators of the plan.
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| Consent of
municipal
government
|
(3) If a municipal government is an
originator of a plan, a request for a review, or
consent to a review, by the territorial minister
may only be made or given with the agreement
of the municipal government.
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| Form of
review
|
(4) A request for a review shall specify
whether the review is to be a public review or
some other form of review.
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| Discontinuanc
e
|
(5) If a minister or first nation that requests
a review of a plan withdraws the request, the
review shall be discontinued.
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| Criteria for
review
|
104. (1) In determining whether to establish
a panel of the Board, the executive committee
shall consider
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(a) whether the matters referred to in
subsection 108(3) were considered in the
preparation of the plan;
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(b) whether there is a need for the plan to be
reviewed by an independent body such as a
panel of the Board and whether there is a
more appropriate body by which, or process
under which, the plan could be reviewed;
and
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(c) whether the originator of the plan agrees
to the review.
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| Notice of
review
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(2) The executive committee shall notify
the originator of its determination.
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| Terms of
reference
|
(3) Subject to any specification as to the
form of review referred to in subsection
103(4), the executive committee shall
establish the terms of reference of a panel of
the Board.
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| Review of
plans
specified in
regulations
|
105. (1) The executive committee may
establish a panel of the Board to conduct a
review of any plan of a type specified in the
regulations and whose implementation it
considers might have significant adverse
environmental or socio-economic effects in
Yukon.
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| Notice of
review
|
(2) The executive committee shall notify
the originator of the establishment of a panel
of the Board.
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| Scope and
terms of
reference
|
(3) The executive committee shall specify
the scope of the review of the plan, the panel's
terms of reference and a schedule for the
review.
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| Publication of
notice
|
106. (1) The executive committee shall
publish, in a periodical that in its opinion has
a large circulation in Yukon, a notice of the
establishment of a panel of the Board under
section 103 or 105 and of the manner in which
the public may obtain copies of the panel's
terms of reference.
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| Modification
of terms of
reference
|
(2) If a panel's terms of reference are
modified, the executive committee shall
publish, in a periodical referred to in
subsection (1), 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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| Distribution
of terms of
reference
|
(3) The executive committee shall provide
copies of the terms of reference, and of any
modification made to them with the reasons
for the modification, to the originator of the
plan, to the minister or first nation that
requested or consented to the review, if any,
and to any government agency, independent
regulatory agency or first nation that has
notified the executive committee of its
interest in the plan or in plans of that kind.
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| Designation
of members
|
107. (1) The executive committee shall
select the members of a panel of the Board,
including its chairperson, from among the
members of the Board.
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| Attendance
|
(2) Every member of a panel of the Board
must be present at each meeting or hearing of
the panel.
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| Vacancies
|
(3) 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
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(a) direct some or all of the remaining
members of the panel to resume the review;
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