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Yukon Energy Project Certificate and Energy Operation Certificate (8-YT-c)

Information current as of 2019
In Yukon, a developer may need an Energy Project Certificate and an Energy Operation Certificate from the Yukon Utilities Board (Board) and the Yukon Minister of Justice to construct and operate a regulated transmission line project. Public Utilities Act, R.S.Y. 2002, c.186, ss.37-39. A regulated project is any energy project that the Commissioner in Executive Council considers to be significant in the matter of any form of energy and by order, designates as a regulated project. Public Utilities Act, R.S.Y. 2002, c. 186, s. 36. A regulated energy project may include an electric transmission line. An Energy Project Certificate is required to construct a regulated project and an Energy Operation Certificate is required to operate a regulated project. Public Utilities Act, R.S.Y. 2002, c. 186, s. 36. The Energy Project Certificate and the Energy Operation Certificate are applied for and reviewed together through a cooperative process in which the Board and the Minister of Justice both have a role in the review process.


The Board is appointed by the Yukon Minister of Justice and is responsible to the Minister for the administration of the Public Utilities Act, R.S.Y. 2002, c.186. Public Utilities Act, R.S.Y. 2002, c.186, s.2(2). The Board and the Minister regulate energy projects pursuant to Yukon – Public Utilities Act, R.S.Y. 2002, c. 186 and Yukon – Energy Project Certificate and Energy Operation Certificate Application Regulation, O.I.C. 2007/50.



Energy Project Certificate and Energy Operation Certificate Process


8-YT-c.1 – Application for an Energy Project Certificate and an Energy Operation Certificate

The developer must submit a complete Application for an Energy Project Certificate and an Energy Operation Certificate (Application) to the Minister of Energy, Mines, and Resources. Public Utilities Act, s. 39. The Application must include, at minimum, the following:

  • The applicant’s (developer) name, address, telephone number and the name title and address of the person with whom communication should be made;
  • A summary description of the project with an outline of the anticipated timetable for construction and operation;
  • A description of any new or expanded public works that will be required by the project;
  • A summary of expected environmental and socio-economic impacts of the project that may materially affect costs, benefits, schedule, operation risks or overall feasibility;
  • A project justification with studies or summary statements identifying the need for the project;
  • A summary description of the applicant’s (developer) public information and consultation program to date, and;
  • Any other approvals, permits, licenses or authorizations required under federal, territorial, First Nation or municipal law. O.I.C. 2007/50 s. 1(a).

8-YT-c.2 to 8-YT-c.3 – Review Application Materials for Completeness

The Minister must review the Application materials for administrative and technical completeness. The Minister then refers the Application to the Board for a review. Public Utilities Act, s. 40.

8-YT-c.4 to 8-YT-c.5 – Provide Notice of Public Hearing (If Applicable)

If the Board decides to hold a hearing, the developer must publish public notice of the hearing in the form and newspapers approved by the Board. Yukon Utilities Board Rules of Practice p.10. The developer must also serve a copy of the public notice electronically upon any persons the Board directs. Yukon Utilities Board Rules of Practice p.10. The Board may hold a public hearing in accordance with any terms of reference specified by the Minister. Public Utilities Act, s. 41. The Board must hold the hearing within 120 days of the pre-hearing conference or receipt of the application if no pre-hearing conference is held. Yukon Utilities Board Rules of Practice p.10. The Board must not hold any inquiry or public hearing without the advance written approval of the Minister for the necessary expenses. Public Utilities Act, s. 50.

8-YT-c.6 to 8-YT-c.7 – Review Application Materials for Approval

The Board must review the Application materials for approval. Public Utilities Act, s. 51. On conclusion of the review the Board must submit a report and recommendations to the Minister. Public Utilities Act, s. 41.

‘’’Note:’’’ The Board may at any stage of its proceedings refer any question of law, jurisdiction, practice or procedure to the Yukon Court of Appeal for hearing or determination. Public Utilities Act, s. 73.

8-YT-c.8 to 8-YT-c.10 – Review Report and Recommendations

The Minister must review the report and recommendation of the Board on the Application. The Minister may refuse the Application or grant the Application subject to any terms or conditions the Minister considers to be in the public interest. Public Utilities Act, s. 42 (1). The conditions for an Energy Project Certificate may include any terms or conditions the Minister considers necessary to be included in an Energy Operation Certificate for the project. Public Utilities Act, s. 42 (2).

8-YT-c.11 – Appeal Decision (Optional)

An applicant (developer) may appeal a decision to the Yukon Court of Appeal within 30 days of a decision or order from the Minister. Public Utilities Act, s. 69 (1). The Yukon Court of Appeal may grant leave to appeal from the order on a question of law or excess of jurisdiction. Public Utilities Act, s. 69 (1). The granting or leave to appeal are in the discretion of the Yukon Court of Appeal. The applicant (developer) must give notice of the application stating the grounds of appeal to the Board, the Minister, and to any party adverse in interest at least three (3) days before the hearing of the application for appeal. Public Utilities Act, s. 69 (3).

8-YT-c.12 to 8-YT-c.16 – Submit Construction Report to the Minister

The developer must submit a Construction Report to the Minister on the construction completion of the project. Public Utilities Act, s. 43 (1). After receipt of the Construction Report the Minister must review the report and determine whether the developer has complied with the conditions of the Energy Project Certificate. If the Minister determines that the developer has substantially complied with the conditions of the Energy Project Certificate, then the Minister must issue an Energy Operation Certificate for the regulated project and may include in the certificate terms or conditions. Public Utilities Act, s. 43 (2).


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