PART 3

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND COORDINATING AMENDMENTS AND COMMENCEMENT

Transitional Provisions

Application of EARP Guidelines Order

124. (1) The Environmental Assessment and Review Process Guidelines Order, approved by Order in Council P.C. 1984-2132 of June 21, 1984, and registered as SOR/84-467, continues to apply - to the exclusion of the provisions of this Act respecting projects - in respect of any proposal for a project that is, on the coming into force of Part 2 of this Act, before an environmental assessment panel established pursuant to that Order.

Application of EARP Guidelines Order

(2) The Order referred to in subsection (1) continues to apply - to the exclusion of the provisions of this Act respecting projects - in respect of any proposal for a project for which an environmental screening or initial assessment under that Order was commenced before the coming into force of Part 2 of this Act, but where such a proposal is referred to the Minister of the Environment for public review pursuant to section 20 of that Order, that Order ceases to apply and this Act applies in respect of the proposal as if that Minister had agreed to a request made by the executive committee under paragraph 61(1)(b) of this Act.

Application of Canadian Environmenta l Assessment Act

125. (1) Notwithstanding section 6, the Canadian Environmental Assessment Act continues to apply - to the exclusion of the provisions of this Act respecting projects - in respect of a proposal for a project that was referred, before the coming into force of Part 2 of this Act, to a mediator or a review panel pursuant to that Act.

Application of Canadian Environmenta l Assessment Act

(2) Notwithstanding section 6, the Canadian Environmental Assessment Act continues to apply - to the exclusion of the provisions of this Act respecting projects - in respect of a proposal for a project for which a screening or comprehensive study was commenced under that Act before the coming into force of Part 2 of this Act, but where the project is referred to a review panel pursuant to subsection 29(1) of that Act, that Act ceases to apply and section 63 of this Act applies as if the Minister of the Environment had agreed to a request made by the executive committee under paragraph 61(1)(b).

Pending applications to territorial agencies and first nations

126. (1) This Act does not apply in respect of a project for which, before the coming into force of Part 2, an application was made to a territorial agency under a territorial law, or to a first nation under a first nation law or the first nation's final agreement, for the issuance of an authorization, the grant of an interest in land or the grant of financial assistance, unless

    (a) the project becomes subject to this Act by virtue of subsection 124(2) or 125(2); or

    (b) before the application is accepted, the territorial minister or the first nation, as the case may be, requires the applicant to submit a proposal under section 50.

Projects already initiated

(2) This Act does not apply in respect of any project that the territorial agency or first nation has initiated as proponent before the coming into force of Part 2 unless the project becomes subject to this Act by virtue of subsection 124(2) or 125(2).

Consequential Amendments

R.S., c. A-1

Access to Information Act

127. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Yukon Environmental and Socio-economic Assessment Board

    Office d'évaluation environnementale et socioéconomique du Yukon

128. Schedule II to the Act is amended by adding, in alphabetical order, a reference to

Yukon Environmental and Socio-economic Assessment Act

    Loi sur l'évaluation environnementale et socioéconomique au Yukon

and a corresponding reference to ``paragraph 121(a)''.

R.S., c. P-21

Privacy Act

129. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Yukon Environmental and Socio-economic Assessment Board

    Office d'évaluation environnementale et socioéconomique du Yukon

1994, c. 35

Yukon First Nations Self-Government Act

130. Section 13 of the Yukon First Nations Self-Government Act is amended by adding the following after subsection (2):

Fines in relation to lands and environment

(3) Notwithstanding subsection (2), until the earlier of the events referred to in that subsection, and to the extent provided by a first nation's self-government agreement, a fine not exceeding $300,000 may be imposed on a person convicted of an offence under a law of the first nation enacted pursuant to paragraph 11(1)(c) in relation to

    (a) the use of settlement land and of natural resources on settlement land; or

    (b) the control or prevention of pollution and the protection of the environment.

1994, c. 43

Yukon Surface Rights Board Act

131. Section 5 of the Yukon Surface Rights Board Act is renumbered as subsection 5(1) and is amended by adding the following:

Decision under Yukon Environmenta l and Socio-econom ic Assessment Act

(2) The following prevail over an order of the Board respecting access, to the extent of any inconsistency or conflict between them:

    (a) a decision document issued under section 75, 76 or 77 of the Yukon Environmental and Socio-economic Assessment Act by a federal agency that the federal agency is required to implement under subsection 82(2) of that Act;

    (b) a decision document that is issued under those sections by the territorial minister, to the extent that a territorial agency or municipal government is required to implement it under subsection 83(2) of that Act; and

    (c) a decision document that is issued under those sections by a first nation, to the extent that the first nation is required to implement it under subsections 84(2) and (3) of that Act.

Coordinating Amendments

Courts Administratio n Service Act and Yukon Act

132. (1) If section 116 of this Act and section 14 of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, both come into force before section 40 of the Yukon Act, chapter 7 of the Statutes of Canada, 2002, then section 116 of this Act is replaced by the following on the later of the coming into force of that section and section 14 of the Courts Administration Service Act:

Application for judicial review

116. Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Courts 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.

(2) If section 116 of this Act and section 40 of the Yukon Act, chapter 7 of the Statutes of Canada, 2002, both come into force before section 14 of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, then section 116 of the English version of this Act is replaced by the following on the later of the coming into force of that section and section 40 of the Yukon Act:

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 Yukon 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.

(3) On the latest of the coming into force of section 116 of this Act, section 14 of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, and section 40 of the Yukon Act, chapter 7 of the Statutes of Canada, 2002, section 116 of this Act is replaced by the following:

Application for judicial review

116. Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Courts 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 Yukon 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.

Yukon Act

133. (1) On the later of the day on which this Act is assented to and the day on which section 283 of the Yukon Act, chapter 7 of the Statutes of Canada, 2002 (the ``other Act''), comes into force, the portion of the definition ``authorization'' after paragraph (b) in subsection 2(1) of this Act is replaced by the following:

    but does not include an access order issued by a body established by territorial law and having jurisdiction with respect to surface rights, or a consent given by a first nation for access to settlement land in circumstances where an access order could be issued by that body.

(2) On the later of the day on which this Act is assented to and the day on which section 283 of the other Act comes into force, the definitions ``federal agency'', ``settlement land'' and ``territorial agency'' in subsection 2(1) of this Act are replaced by the following:

``federal agency''
« autorité fédérale »

``federal agency'' means a minister of the federal government or a person or body carrying out a function of government under a federal law other than the Yukon Act, the Yukon First Nations Self-Government Act or the Yukon First Nations Land Claims Settlement Act, but does not include the Governor in Council or an independent regulatory agency.

``settlement land''
« terres désignées »

``settlement land'' means land that is category A settlement land, category B settlement land or fee simple settlement land under a final agreement or under an order of a body established by territorial law and having jurisdiction with respect to surface rights, or land that is to be treated as such by virtue of a self-government agreement, and includes Tetlit Gwich'in Yukon land, but does not include water or mines and minerals defined to be non-settlement land.

``territorial agency''
« autorité territoriale »

``territorial agency'' means a member of the Executive Council of Yukon or a person or body carrying out a function of government under the Yukon Act, but does not include an independent regulatory agency, a municipal government or a body having jurisdiction with respect to surface rights.

(3) On the later of the day on which this Act is assented to and the day on which section 1 of the other Act comes into force, the definition ``Yukon'' in subsection 2(1) of the English version of this Act is repealed.

(4) On the later of the coming into force of Part 2 of this Act and section 283 of the other Act, paragraph 81(1)(g) of this Act is replaced by the following:

    (g) a body established by territorial law and having jurisdiction with respect to surface rights, if an access order from that body is required for the project under territorial law;

(5) On the later of the coming into force of Part 2 of this Act and section 284 of the other Act,

    (a) paragraph 81(1)(h) of this Act is replaced by the following:

    (h) a body established by territorial law and having jurisdiction in relation to rights in respect of waters, if the grant of rights from that body is required for the project under territorial law; and

    (b) section 86 of this Act is replaced by the following:

Water licences

86. A body established by territorial law and having jurisdiction in relation to rights in respect of waters may not, under territorial law,

    (a) grant or renew rights in respect of waters contrary to a decision document issued by a federal agency or a decision document that is to be implemented by a territorial agency, municipal government or first nation under subsection 83(2) or 84(2) or (3); or

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

(6) On the later of the coming into force of Part 2 of this Act and section 40 of the other Act, section 115 of the English version of this Act is replaced by the following:

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 Yukon.

(7) If section 283 of the other Act comes into force before section 131 of this Act, section 131 of this Act and the heading before it are repealed.

Coming Into Force

Order of Governor in Council

134. Section 6, Part 2 and sections 124 to 126 and 131 come into force eighteen months after the day on which this Act receives royal assent or on any earlier day that may be fixed by order of the Governor in Council.