Bill C-2
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
Assessment Districts and Designated Offices |
|
Assessment
districts
|
20. (1) Following consultation by the
federal minister with the territorial minister
and the first nations, and in accordance with
any agreement that may be concluded by those
ministers with the first nations, the federal
minister shall, by order, establish six
contiguous assessment districts that together
constitute the whole of Yukon.
|
|
Change in
number of
districts
|
(2) Where the Board recommends, on the
basis of operational requirements, a change in
the number of contiguous assessment districts
that constitute Yukon, the federal minister
shall, by order, change the number of
assessment districts in accordance with the
Board's recommendation, following
consultation with the territorial minister and
the first nations, or else provide written
reasons to the Board for rejecting the
recommendation.
|
|
Alteration of
boundaries
|
21. (1) The Board may, by order, alter the
boundary between adjacent assessment
districts, and shall do so where the federal
minister changes the number of assessment
districts.
|
|
Consultation
|
(2) Before altering the boundaries of
assessment districts, the Board shall consult
the designated offices for those assessment
districts as well as the federal minister, the
territorial minister, the Council and any first
nation whose territory falls wholly or partly
within those districts, and shall seek the views
of residents and municipal governments of the
communities located in those districts.
|
|
Statutory
Instruments
Act
|
(3) Sections 3, 5 and 11 of the Statutory
Instruments Act do not apply in respect of an
order altering boundaries, but the Board shall
publish a notice of the order in the Canada
Gazette, in a periodical that, in the Board's
opinion, has a large circulation in Yukon and,
if any part of the affected assessment districts
falls within the territory of the Tetlit Gwich'in,
in a periodical distributed in the Gwich'in
Settlement Area referred to in the Gwich'in
Agreement.
|
|
Designated
offices in
named
communities
|
22. (1) The federal minister shall name a
community in each assessment district as the
site of an office to be maintained by the Board
and known as the designated office for that
assessment district.
|
|
Change of
designated
community
|
(2) Before any change is made in the
community named as the site of a designated
office for an assessment district, the federal
minister shall consult the territorial minister,
the Council and any first nation whose
territory falls wholly or partly within that
district, and shall seek the views of residents
and municipal governments of the
communities located in that district.
|
|
Notice
|
(3) The federal minister shall publish a
notice of the selection of a community, or of
any change in the selection, in the Canada
Gazette, in a periodical that, in the federal
minister's opinion, has a large circulation in
Yukon and, if any part of the affected
assessment district falls within the territory of
the Tetlit Gwich'in, in a periodical distributed
in the Gwich'in Settlement Area referred to in
the Gwich'in Agreement.
|
|
Staff
|
23. (1) The staff of each designated office
shall be composed of employees of the Board
assigned to that office by the Board.
|
|
Powers in
relation to
evaluations
|
(2) The Board shall authorize one or more
members of the staff to exercise the powers of
the designated office relating to evaluations,
and those persons may delegate any of those
powers to another member of the staff.
|
|
Conflict of
interest
|
24. (1) A member of the staff of a designated
office may not participate in any business of
that office if doing so would place the member
in a material conflict of interest.
|
|
Yukon Indian
persons
|
(2) A member of the staff is not in a material
conflict of interest solely by virtue of being a
Yukon Indian person.
|
|
Contracts and
facilities
|
25. The Board shall, at the request of a
designated office but in accordance with the
approved budget of the Board, procure
services required by that office and make
property and facilities available to it.
|
|
|
Budgets and Reporting |
|
Budgets of
designated
offices
|
26. Each designated office shall annually,
after consultation with any first nation whose
territory falls wholly or partly within its
assessment district, prepare and submit a
budget for the ensuing fiscal year to the Board.
|
|
Budget of
Board
|
27. (1) The Board shall submit annually to
the federal minister its budget for the ensuing
fiscal year, which shall incorporate the
budgets of the designated offices as submitted
by them or as varied by the Board.
|
|
Approval of
budget
|
(2) The federal minister may approve the
budget as submitted by the Board, or with any
variations that the federal minister may make
after seeking the views of the Board, the
territorial minister and the Council.
|
|
Funding for
languages and
training
|
(3) The Board shall consider including in its
annual budget funding in order to enable its
members and employees to carry out their
functions in their traditional languages and in
order to provide its members and employees
with training, including cross-cultural
orientation and education, for the purpose of
improving their ability to carry out their
duties.
|
|
Accounts
|
28. (1) The Board shall maintain books of
account and related records in accordance
with accounting principles recommended by
the Canadian Institute of Chartered
Accountants or its successor.
|
|
Consolidated
financial
statements
|
(2) The Board shall, within the time after
the end of each fiscal year that the federal
minister specifies, prepare consolidated
financial statements in respect of that fiscal
year in accordance with the accounting
principles referred to in subsection (1) and
shall include in them any information or
statements that are required in their support.
|
|
Audit
|
(3) The accounts, financial statements and
financial transactions of the Board shall be
audited annually by the auditor of the Board
and, where the federal minister requests, by
the Auditor General of Canada. The auditor
and, where applicable, the Auditor General of
Canada shall, as soon as practicable, make a
report of the audit to the Board and the federal
minister.
|
|
Annual report
|
29. The executive committee shall, within
three months after the end of each fiscal year,
prepare for the approval of the Board an
annual report of the activities of the Board for
that fiscal year, and the executive committee
shall submit the approved report to the federal
minister and make it available to the public.
|
|
|
Rules and By-Laws |
|
Rules for
executive
committee
and panels
|
30. (1) The Board shall make rules,
applicable to screenings by the executive
committee and reviews by panels of the
Board, with respect to
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Rules for
executive
committee
and panels
|
(2) The Board may make rules with respect
to
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Other rules
|
(3) The Board may make rules with respect
to
|
|
|
|
|
|
|
|
|
|
|
Categories of
projects, etc.
|
(4) Rules made under this section may
provide for different types of screenings or
reviews for different categories of projects,
existing projects or plans, or activities outside
Yukon, as the case may be.
|
|
Rules for
designated
offices
|
31. (1) The Board shall make rules with
respect to the conduct of evaluations of
projects by designated offices, which may
include rules providing for
|
|
|
|
|
|
|
|
Rules for
designated
offices
|
(2) The Board shall make rules, applicable
to evaluations of projects by designated
offices, with respect to
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Rules for
cooperation
|
(3) The Board may make rules with respect
to cooperation by designated offices with
other bodies, including the coordination of
functions.
|
|
Collaboration
with
designated
offices
|
(4) The Board shall seek the collaboration
of the designated offices in making rules under
subsections (1) to (3).
|
|
Rules made
by designated
office
|
(5) A designated office may make rules
with respect to the conduct of its evaluations,
including rules respecting any of the matters
specified in subsections (1) to (3), but rules
made by the Board prevail over rules made by
a designated office to the extent of any
inconsistency.
|
|
Standard
mitigative
measures
|
32. (1) The Board may make rules with
respect to the development, by a designated
office or the executive committee, of standard
mitigative measures referred to in section 37.
|
|
Collaboration
|
(2) The Board shall seek the collaboration
of the designated offices in making rules under
subsection (1).
|
|
General rules
re information
|
33. The Board shall make rules with respect
to
|
|
|
|
|
|
|
|
|
|
|
Publication of
proposed
rules
|
34. (1) At least 60 days before making rules,
the Board or a designated office shall publish
a notice of any proposed rules in the Canada
Gazette, in a periodical that, in its opinion, has
a large circulation in Yukon and in a periodical
distributed in the Gwich'in Settlement Area
referred to in the Gwich'in Agreement and
shall, in the notice, invite written
representations to be made to it with respect to
the proposed rules within 60 days after
publication.
|
|
Exception
|
(2) No further notice need be published if
the proposed rules are amended solely in
response to representations made to the Board
or the designated office.
|
|
Publication of
rules
|
(3) Rules made by the Board or a designated
office shall be published in the Canada
Gazette immediately after they are made.
|
|
By-laws of
Board
|
35. The Board may make by-laws
|
|
|
|
|
|
|
|
By-laws for
designated
offices
|
36. (1) The Board may make by-laws for the
conduct and management of the internal
administrative affairs of all designated
offices.
|
|
Collaboration
|
(2) The Board shall seek the collaboration
of the designated offices in making by-laws
applicable to them.
|
|
By-laws made
by designated
office
|
(3) A designated office may make by-laws
for the conduct and management of its internal
administrative affairs, but by-laws made by
the Board under subsection (1) prevail over
by-laws made by a designated office to the
extent of any inconsistency.
|
|
Standard
mitigation
measures
|
37. (1) A designated office may develop
standard mitigative measures that can be
applied to a class of projects, or to projects
located within a geographic area.
|
|
Standard
mitigation
measures
|
(2) The executive committee may develop
standard mitigative measures that can be
applied to a class of projects or existing
projects, or to projects or existing projects
located within a geographic area.
|
|
Public
participation
|
(3) The designated office and the executive
committee shall provide opportunities for
public participation in the development of
standard mitigative measures.
|
|
Conflict
|
(4) Unless otherwise provided by the rules,
standard mitigative measures developed by
the executive committee prevail over those
developed by a designated office to the extent
of any inconsistency.
|
|
Statutory
Instruments
Act
|
38. Sections 3, 5 and 11 of the Statutory
Instruments Act do not apply in respect of the
rules or by-laws of the Board or a designated
office.
|
|