Bill C-2

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	Collaboration and External Activities
Collaboration on projects	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.
Adoption of report	(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.
External activities affecting Yukon	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,
	(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
	(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.
Report by panel	(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.
Response to Board	(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.
	Existing Projects
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
	(a) is the operator of the existing project,
	(b) has the power to assume the operation of or to shut down the existing project, or
	(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,
	and includes the Governor in Council, if the Governor in Council has a power referred to in paragraph (b) or (c).
Definition of ``operator''	(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.
Request for panel review	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,
	(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;
	(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
	(c) at the request of a first nation and with the consent of
	(i) the federal minister, and
	(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.
Joint request	(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).
Consent of first nation	(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.
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.
Discontinuanc e	(5) If any minister or first nation that requested a review withdraws the request, the panel conducting the review shall discontinue it.
Designation of members	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.
Determination by executive committee	(2) Before the executive committee establishes a panel of the Board, it shall
	(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
	(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.
Composition of panels	(3) A panel of the Board shall be constituted as follows:
	(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;
	(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
	(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.
Attendance	(4) Every member of a panel of the Board must be present at each meeting or hearing of the panel.
Vacancies	(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),
	(a) direct some or all of the remaining members of the panel to resume the review;
	(b) appoint another member to the panel and direct the panel to resume or recommence the review; or
	(c) appoint a new panel and direct it to recommence the review.
Terms of reference	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.
Publication of notice	(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.
Modification of terms of reference	(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.
Distribution of terms of reference	(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.
Commenceme nt of review	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.
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.
Judicial powers of panels	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.
Enforcement by court process	(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.
Preliminary determination	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.
Determination by panel	(2) A panel of the Board referred to in subsection (1) shall
	(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
	(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.
Location of hearings	(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:
	(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;
	(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
	(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).
Recommendat ions of panel	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.
Copy of report	(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.
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.
	Plans
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.
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
	(a) at the request of the federal minister, if a federal agency is the originator;
	(b) at the request of the territorial minister, if a territorial agency or municipal government is the originator; or
	(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.
Joint request	(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.
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.
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.
Discontinuanc e	(5) If a minister or first nation that requests a review of a plan withdraws the request, the review shall be discontinued.
Criteria for review	104. (1) In determining whether to establish a panel of the Board, the executive committee shall consider
	(a) whether the matters referred to in subsection 108(3) were considered in the preparation of the plan;
	(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
	(c) whether the originator of the plan agrees to the review.
Notice of review	(2) The executive committee shall notify the originator of its determination.
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.
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.
Notice of review	(2) The executive committee shall notify the originator of the establishment of a panel of the Board.
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.
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.
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.
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.
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.
Attendance	(2) Every member of a panel of the Board must be present at each meeting or hearing of the panel.
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
	(a) direct some or all of the remaining members of the panel to resume the review;

Bill C-2

Collaboration and External Activities

Existing Projects

Plans