C-17 1 42 64-65-66 Elizabeth II 2015-2016-2017

An Act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another Act

An Act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another Act

An Act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another Act 2017 12 14 34 2017 90798

SUMMARY

This enactment amends the Yukon Environmental and Socio-economic Assessment Act , in particular by repealing the provisions

(

a) that authorize the federal minister to delegate any of his or her powers, duties and functions under that Act to the territorial minister;

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b) that exempt projects and existing projects from the requirement of a new assessment when an authorization is renewed or amended and there are no significant changes to the original project as previously assessed;

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c) that establish time limits for assessments; and

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d) that authorize the federal minister to issue binding policy directions to the Yukon Environmental and Socio-economic Assessment Board.

The enactment also amends the Yukon and Nunavut Regulatory Improvement Act by repealing the transitional provision relating to the application of time limit provisions enacted by that Act to projects in respect of which the evaluation, screening or review had begun before that Act came into force but for which no decision had yet been made.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

2003, c. 7

Yukon Environmental and Socio-economic Assessment Act

2015, c. 19, s. 2

Section 6.1 of the Yukon Environmental and Socio-economic Assessment Act is repealed.

2015, c. 19, s. 14

Section 49.1 of the Act is repealed.

2015, c. 19, s. 16

(1) The portion of subsection 56(1) of the Act before paragraph (

a) is replaced by the following:

Conclusion of evaluation

(1) At the conclusion of its evaluation of the project, a designated office shall

2015, c. 19, s. 16

(2) Paragraphs 56(1)(

a) to (

d) of the English version of the Act are replaced by the following:

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a) recommend to the decision bodies for the project that the project be allowed to proceed, if it determines that the project will not have significant adverse environmental or socio-economic effects in or outside Yukon;

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b) recommend to those decision bodies that the project be allowed to proceed, subject to specified terms and conditions, if it determines that the project will have, or is likely to have, significant adverse environmental or socio-economic effects in or outside Yukon that can be mitigated by those terms and conditions;

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c) recommend to those decision bodies that the project not be allowed to proceed, if it determines that the project will have, or is likely to have, significant adverse environmental or socio-economic effects in or outside Yukon that cannot be mitigated; or

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d) refer the project to the executive committee for a screening, if, after taking into account any mitigative measures included in the project proposal, it cannot determine whether the project will have, or is likely to have, significant adverse environmental or socio-economic effects.

2015, c. 19, s. 16

(3) Subsections 56(1.1) to (1.3) of the Act are repealed.

2015, c. 19, s. 17

(1) The portion of subsection 58(1) of the Act before paragraph (

a) is replaced by the following:

Conclusion of screening

(1) At the conclusion of its screening of the project, the executive committee shall

2015, c. 19, s. 17

(2) Paragraphs 58(1)(

a) to (

d) of the English version of the Act are replaced by the following:

(

a) recommend to the decision bodies for the project that the project be allowed to proceed without a review, if it determines that the project will not have significant adverse environmental or socio-economic effects in or outside Yukon;

(

b) recommend to those decision bodies that the project be allowed to proceed without a review, subject to specified terms and conditions, if it determines that the project will have, or is likely to have, significant adverse environmental or socio-economic effects in or outside Yukon that can be mitigated by those terms and conditions;

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c) recommend to those decision bodies that the project not be allowed to proceed and not be subject to a review, if it determines that the project will have, or is likely to have, significant adverse environmental or socio-economic effects in or outside Yukon that cannot be mitigated; or

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d) require a review of the project, if, after taking into account any mitigative measures included in the project proposal, it cannot determine whether the project will have, or is likely to have, significant adverse environmental or socio-economic effects.

2015, c. 19, s. 17

(3) Subsections 58(1.1) to (1.3) of the Act are repealed.

2015, c. 19, s. 21

Section 66.1 of the Act is repealed.

2015, c. 19, s. 23(2)

Subsections 72(4.1) to (4.4) of the Act are repealed.

2015, c. 19, s. 27

Subsection 77(2) of the Act is replaced by the following:

Time limits

(2) The executive committee or panel of the Board shall make a new recommendation to the decision bodies in respect of the project within the period prescribed by the rules. If it does not make such a recommendation, it is deemed to have made the same recommendation that it made at the conclusion of its screening or review.

2015, c. 19, s. 34

Section 121.1 of the Act and the heading before it are repealed.

2015, c. 19

Consequential Amendment to the Yukon and Nunavut Regulatory Improvement Act

Section 39 of the Yukon and Nunavut Regulatory Improvement Act is replaced by the following:

Ongoing projects

The Yukon Environmental and Socio-economic Assessment Act , as it read immediately before June 18, 2015, continues to apply to a proposal for a project that was submitted before that day.