Bill C-2
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PART 3 |
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TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND COORDINATING AMENDMENTS AND COMMENCEMENT |
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Transitional Provisions |
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| Application of
EARP
Guidelines
Order
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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.
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| Application of
EARP
Guidelines
Order
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(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.
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| Application of
Canadian
Environmenta
l Assessment
Act
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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.
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| Application of
Canadian
Environmenta
l Assessment
Act
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(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).
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| Pending
applications to
territorial
agencies and
first nations
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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 or a first
nation - under territorial laws, or under a
first nation law or the first nation's final
agreement, as the case may be - for the
issuance of an authorization, the grant of an
interest in land or the grant of financial
assistance, unless
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| Projects
already
initiated
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(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).
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Consequential Amendments |
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| R.S., c. A-1
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Access to Information Act
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127. Schedule I to the Access to
Information Act is amended by adding the
following in alphabetical order under the
heading ``Other Government Institutions'':
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Yukon Environmental and Socio-economic
Assessment Board
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128. Schedule II to the Act is amended by
adding, in alphabetical order, a reference to
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Yukon Environmental and Socio-economic
Assessment Act
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and a corresponding reference to
``paragraph 121(a)''.
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| R.S., c. P-21
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Privacy Act
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129. The schedule to the Privacy Act is
amended by adding the following in
alphabetical order under the heading
``Other Government Institutions'':
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Yukon Environmental and Socio-economic
Assessment Board
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| 1994, c. 35
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Yukon First Nations Self-Government Act
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130. Section 13 of the Yukon First Nations
Self-Government Act is amended by adding
the following after subsection (2):
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| Fines in
relation to
lands and
environment
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(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
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| 1994, c. 43
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Yukon Surface Rights Board Act
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131. Section 5 of the Yukon Surface Rights
Board Act is renumbered as subsection 5(1)
and is amended by adding the following:
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| Decision
under Yukon
Environmenta
l and
Socio-econom
ic Assessment
Act
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(2) The following prevail over an order of
the Board respecting access, to the extent of
any inconsistency or conflict between them:
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Coordinating Amendments |
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| Courts
Administratio
n Service Act
and Yukon Act
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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:
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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 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.
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(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:
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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 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.
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(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:
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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 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.
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| Yukon Act
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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:
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(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:
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| ``federal
agency'' « autorité fédérale »
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``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.
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| ``settlement
land'' « terres désignées »
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``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.
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| ``territorial
agency'' « autorité territoriale »
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``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.
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(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.
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(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:
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(5) On the later of the coming into force
of Part 2 of this Act and section 284 of the
other Act,
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| Water licences
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86. A body established by territorial law
and having jurisdiction in relation to rights in
respect of waters may not, under territorial
law,
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(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:
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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 Yukon.
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(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.
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Coming Into Force |
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| Order of
Governor in
Council
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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.
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