Bill C-2
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Commenceme
nt of review
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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
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(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
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(3) In conducting a review of a plan, a panel
of the Board shall take the following matters
into consideration:
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Other matters
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(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
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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
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(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
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(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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Audits and Effects Monitoring |
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Recommendat
ion for audit
or monitoring
of project
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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
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(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
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(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
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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
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(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
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(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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Studies and Research |
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Request for
studies or
research
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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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Agreement
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(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.
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Report of
executive
committee
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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
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(2) The minister or first nation shall give
full and fair consideration to any
recommendations of the executive
committee.
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Violation of Decision Document |
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Recommendat
ion by Board
to decision
body
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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
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(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
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(3) A decision body shall respond with
written reasons to any recommendation made
to it.
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Court Jurisdiction |
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Court
reference by
Board
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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
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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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Maintenance of Records and Public Access |
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Records of
Board and
designated
offices
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117. The Board and each designated office
shall maintain
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Records of
Board
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118. The Board shall maintain
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Records of
designated
office
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119. Each designated office shall maintain
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Public access
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120. (1) Any person has the right to inspect
the registers and records referred to in sections
117 to 119 during normal business hours.
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Information
kept
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(2) The Board and the designated offices
shall keep their registers and records in a
manner that facilitates public access to them.
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Information
held in
confidence
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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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Regulations and Orders |
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Regulations of
Governor in
Council
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122. The Governor in Council may,
following consultation by the federal minister
with the territorial minister and first nations,
make regulations
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Amendment
of schedule
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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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