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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) establish a new panel and direct the
panel to recommence the review.
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| Commenceme
nt of review
|
108. (1) A panel of the Board established to
review a plan shall commence the review as
soon as possible after it notifies the originator
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 a review of a plan, require the
originator of the plan to provide any
supplementary information that it considers
necessary for the review.
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| Matters to be
considered
|
(3) In conducting a review of a plan, a panel
of the Board shall take the following matters
into consideration:
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(a) the significance of any environmental or
socio-economic effects in or outside Yukon
that might occur from the implementation
of the plan;
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(b) the significance of any adverse
cumulative environmental or
socio-economic effects that might occur
from the implementation of the plan in
combination with
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(i) projects for which proposals have
been submitted under subsection 50(1),
or
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(ii) existing or proposed activities, or the
implementation of other plans, in or
outside Yukon, that are known to the
panel from information provided to it or
obtained by it under this Part;
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(c) alternatives to the plan that would avoid
or minimize any significant adverse
environmental or socio-economic effects;
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(d) mitigative measures and measures to
compensate for any significant adverse
effects;
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(e) 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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(f) the interests of residents of Yukon and
Canadian residents outside Yukon;
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(g) the capacity of any renewable resources
that are likely to be significantly affected by
the implementation of the plan to meet
present and future needs; and
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(h) the need for effects monitoring.
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| Other matters
|
(4) A panel of the Board conducting a
review of a plan may take into consideration
any other matter that it considers relevant.
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| Recommendat
ions of panel
|
109. (1) On the completion of its review of
a plan, a panel of the Board shall provide the
originator with written recommendations,
which may include a recommendation that the
plan be implemented, with or without
modifications, or that it not be implemented.
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| Copy
|
(2) A panel shall provide a copy of its
recommendations to any minister, municipal
government or first nation that requested or
consented to the review.
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| Consideration
to be given
|
(3) The originator of a plan shall give full
and fair consideration to the
recommendations provided to it by a panel
and shall provide the Board with its reasons in
writing for declining any of the
recommendations.
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| Recommendat
ion for audit
or monitoring
of project
|
110. (1) When a designated office, the
executive committee, a panel of the Board or
a joint panel recommends to a decision body
that a project be allowed to proceed, with or
without terms and conditions, it may
recommend that a project audit or that effects
monitoring be conducted in respect of the
project.
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| Results
|
(2) A decision body that accepts a
recommendation for a project audit or effects
monitoring shall provide the results of it to the
designated office that made the
recommendation or, in the case of a
recommendation made by the executive
committee, a panel of the Board or a joint
panel, to the executive committee.
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| Advice to
decision body
|
(3) After reviewing the results of any
project audit or effects monitoring provided to
it by a decision body, the designated office or
executive committee may provide advice to
the decision body on the basis of those results.
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| Request for
audit or
monitoring of
existing
project
|
111. (1) A request for a project audit or for
effects monitoring of an existing project may
be made by ministers and first nations to the
extent that and in the manner in which a
request for a review may be made under
subsections 95(1) to (3).
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| Report of
results
|
(2) The executive committee shall conduct
a project audit or effects monitoring of an
existing project where so requested, and shall
make a report of the results to the minister or
first nation that made or consented to the
request, and may include recommendations in
the report.
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| Consideration
of report
|
(3) The federal minister, the territorial
minister or a first nation shall give full and fair
consideration to any recommendations of the
executive committee.
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| Request for
studies or
research
|
112. (1) At the request of the federal
minister, or at the request of the territorial
minister or a first nation and with the consent
of the federal minister, or at the request of a
first nation or the territorial minister and at its
or his or her expense, the executive committee
may undertake
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|
(a) studies of environmental or
socio-economic effects that are cumulative
geographically or over time; or
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|
|
(b) research into any aspect of the
assessment of activities.
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|
| Agreement
|
(2) The executive committee may conclude
agreements respecting the terms of reference,
scope and scheduling of studies or research
with the ministers and first nations that request
or consent to them.
|
|
| Report of
executive
committee
|
113. (1) The executive committee shall
report the results of a study or of research
undertaken under section 112 to the minister
or first nation that requested or consented to it,
and may include recommendations in the
report.
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| Consideration
of report
|
(2) The minister or first nation shall give
full and fair consideration to any
recommendations of the executive
committee.
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|
|
|
|
| Recommendat
ion by Board
to decision
body
|
114. (1) The Board may recommend to a
decision body that a public hearing be held by
the Board, or another body to be designated by
the decision body, if the Board considers that
any person or body has violated any of the
provisions of a decision document issued by
that decision body.
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|
| Hearing
|
(2) If a decision body accepts a
recommendation made to it, the Board or the
body designated by the decision body shall
hold a public hearing with respect to the
violation, and may make recommendations to
the decision body for the disposition of the
matter.
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|
| Response to
recommendati
on
|
(3) A decision body shall respond with
written reasons to any recommendation made
to it.
|
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|
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|
| Court
reference by
Board
|
115. At the request of a designated office,
the executive committee, a panel of the Board,
a joint panel or a decision body, the Board may
refer a question of law or jurisdiction arising
in any proceedings under this Act to the
Supreme Court of the Yukon Territory.
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|
| Application
for judicial
review
|
116. Notwithstanding the exclusive
jurisdiction referred to in section 18 of the
Federal Court Act, the Attorney General of
Canada, the territorial minister or anyone
directly affected by the matter in respect of
which relief is sought may make an
application to the Supreme Court of the Yukon
Territory for any relief against the Board, a
designated office, the executive committee, a
panel of the Board, a joint panel or a decision
body, by way of an injunction or declaration or
by way of an order in the nature of certiorari,
mandamus, quo warranto or prohibition.
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|
|
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|
| Records of
Board and
designated
offices
|
117. The Board and each designated office
shall maintain
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|
|
(a) a document indicating the boundaries of
assessment districts and the location of the
designated office for each assessment
district;
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|
(b) copies of any by-laws and rules that are
in force under this Act;
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|
|
(c) a record of the results of project audits
and effects monitoring;
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|
|
(d) reports of studies and research
undertaken under section 112; and
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|
|
(e) descriptions of any standard mitigative
measures developed under section 37.
|
|
| Records of
Board
|
118. The Board shall maintain
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|
|
(a) a register containing all documents that
are produced, collected or received by the
executive committee, panels of the Board
and joint panels in relation to assessments,
together with any documents provided to
them under subsection 91(1);
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|
|
(b) a list of the projects, existing projects,
other activities and plans for which an
assessment is pending before, or has been
completed by, the designated offices, the
executive committee, panels of the Board
and joint panels, together with their
location and stage of assessment; and
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|
|
(c) a record of authorizations, grants of
interest in land and provisions of financial
assistance as reported to it pursuant to
section 89.
|
|
| Records of
designated
office
|
119. Each designated office shall maintain
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|
|
|
(a) a register containing all documents that
are produced, collected or received by it in
relation to assessments and a copy of all
documents referred to in paragraph 118(a)
that relate to projects located in its
assessment district, together with any
documents provided to it under subsection
91(1); and
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|
|
|
(b) a list of the projects, existing projects
and plans in its assessment district for
which assessments are pending or have
been completed, together with their
location and stage of assessment.
|
|
| Public access
|
120. (1) Any person has the right to inspect
the registers and records referred to in sections
117 to 119 during normal business hours.
|
|
| Information
kept
|
(2) The Board and the designated offices
shall keep their registers and records in a
manner that facilitates public access to them.
|
|
| Information
held in
confidence
|
121. Notwithstanding any other provision
of this Part, the executive committee, the
designated offices, panels of the Board and
decision bodies may not disclose
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|
|
|
(a) traditional knowledge that is determined
to be confidential under the applicable rules
and that is provided in confidence to them
for the purposes of this Act; or
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|
|
(b) information to any person or body that
a government institution, within the
meaning of the Access to Information Act,
would not be required to disclose pursuant
to a request by that person or body under
that Act, unless
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|
|
(i) the provider of the information
consents to its disclosure, and
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|
|
(ii) the person or body is not required to
disclose the information pursuant to a
request under a territorial or first nation
law, and agrees to keep the information
confidential.
|
|
|
|
|
|
| Regulations of
Governor in
Council
|
122. The Governor in Council may,
following consultation by the federal minister
with the territorial minister and first nations,
make regulations
|
|
|
|
(a) defining ``resident'' for the purposes of
section 9, respecting proceedings for
removal of a member from office under
subsection 11(2) and determining which
member is to be removed if more than one
member changes residence during a given
period;
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|
|
(b) specifying any matter to be taken into
consideration in the conduct of an
assessment of a project or existing project,
for the purposes of paragraph 42(1)(j);
|
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|
|
(c) specifying the projects for which
proposals are to be submitted to the
executive committee under subsection
50(1);
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|
(d) prescribing time periods for the
purposes of subsection 75(1), 76(1) or
77(3);
|
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|
(e) respecting the manner of consultation
between decision bodies under subsection
78(1);
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|
(f) specifying the types of plans that may be
reviewed by a panel of the Board under
subsection 105(1); and
|
|
|
|
(g) establishing a funding program to
facilitate the participation of specified
classes of persons or groups in reviews of
projects.
|
|
| Amendment
of schedule
|
123. The Governor in Council may, by
order, following consultation by the federal
minister with the territorial minister and first
nations,
|
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|
|
(a) amend Part 1 of the schedule by adding
to it the name of any body having power
under a federal law, other than the Yukon
Act, to issue authorizations whose terms
and conditions are not subject to variation
by the Governor in Council or a minister of
the Crown;
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|
|
(b) amend Part 2 of the schedule by adding
to it the name of any body having the power
under the Yukon Act to issue authorizations
whose terms and conditions are not subject
to variation by the Commissioner of Yukon
or by a minister of the territorial
government; or
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|
(c) amend the schedule by deleting the
name of any body.
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