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 Territorial Environmental Review Overview (9-YK-a)

Information current as of 2018
In Yukon, a developer may need to complete an Environmental and Socio-economic Assessment (Assessment) with the Yukon Environmental and Socio-Economic Assessment Board (YESAB) for certain activities that require an authorization from a federal, territorial, or municipal government or First Nation in order to comply with the Yukon Environmental Assessment and Socio-economic Assessment Act, R.S.Y. 2003, c.7. Yukon Environmental Assessment and Socio-economic Assessment Act, R.S.Y. 2003, c.7, s. 47(2). Specifically, a developer may need to complete an Assessment for:
  • The “construction, installation, operation, modification, decommissioning or abandonment of, or other activity in relation to, a power line…” or
  • An activity that a federal agency, federal minister, territorial minister, or First Nation declares might have a significant adverse environmental or socio-economic effect in or outside Yukon or contribute significantly to cumulative adverse environmental or socio-economic effects…in or outside of Yukon; or
  • An activity that is “in an area that contains an area that contains a heritage resource…, is in a special management agreement...or is in an area that forms the habitat of any species of plant or wildlife that is determined to be rare, threatened, endangered or at risk by or under federal, territorial, or first nation law.”

R.S.Y. 2003, c. 7, s. 48(3). S.O.R./2005-379, Schedule 1, Part 4, Item 1; Yukon Environmental Assessment and Socio-economic Assessment Act, R.S.Y. 2003, c.7, s. 48(1)-(4).

An Assessment is a process that identifies the potential environmental and socio-economic effects of proposed activities before they are carried out. The YESAB executive office or designated office looks at the potential environmental and socio-economic effects of the proposed activity and recommends whether the activity should proceed, proceed with terms and conditions, or not proceed. When an assessment is complete YESAB sends a recommendation to the decision body(s). A decision body is a federal, territorial or First Nation government or agency that regulates and permits the proposed activity. When a potential effect is identified and deemed substantial, referred to as a significant adverse effect, YESAB recommends measures to reduce control or eliminate those effects. If the significant adverse effects of a project cannot be mitigated a “do not proceed” recommendation is submitted to the decision body. The decision body then decides whether to accept, reject, or vary YESAB’s recommendation. Yukon Environmental and Socio-economic Assessment Board – Environment and Socio-economic Assessment Process Webpage.

The YESAB conducts assessments in accordance to Yukon – Environmental Assessment and Socio-economic Assessment Act, R.S.Y. 2003, c. 7 and Yukon – Assessable Activities, Exceptions, and Executive Committee Projects Regulations, S.O.R./2005-379.



Territorial Environmental Review Overview Process

9-YK-a.1 to 9-YK-a.2 – Does an Exception Apply?

In certain circumstances an exception to the Environmental Assessment and Socio-economic Assessment Act may apply. An Assessment is not required for the:

  • Construction or installation of an electrical transmission line, other than an international electrical transmission line, with a voltage of 130 kilovolts (kV) or less, if the construction or installation:
    • is not being carried out beyond a right-of-way developed for a power line, pipeline, railway line or road;
    • is not likely to involve the release of a polluting substance into a water body; and
    • does not involve the placement in or on a water body of the supporting structures for the electrical transmission line.
  • Modification of an electrical transmission line, other than an international electrical transmission line… if the modification:
    • does not alter its purpose or function;
    • does not lengthen the line by more than 25 kilometers;
    • is not being carried out beyond a right of way developed for a power line, pipeline, railway line or road;
    • is not likely to involve the release of a polluting substance into a water body; and
    • does not involve the placement in or on a water body of the supporting structures for the electrical transmission line…
  • Construction or installation of a switching station associated with an electrical transmission line with a voltage of 130 kV or less, other than an international electrical transmission line…, if the construction or installation:
    • is not being carried out beyond a right of way developed for a power line, pipeline, railway line or road;
    • is not being carried out in, on or within 30 meters of a water body; and
    • is not likely to involve the release of a polluting substance into a water body.
  • Modification of a switching station associated with an electrical transmission line…if the modification
    • does not alter its purpose or function;
    • is not being carried out beyond a right of way developed for a power line, pipeline, railway line or road;
    • is not being carried out in, on or within 30 meters of a water body; and
    • is not likely to involve the release of a polluting substance into a water body.
  • Construction, installation or modification of an international electrical transmission line with a voltage of 50 kV or less if the activity:
    • with respect to any modification made, does not alter its purpose or function;
    • does not extend the line more than 4 kilometers outside Canada;
    • is not being carried out beyond a right-of-way developed for a power line, pipeline, railway line or road;
    • is not likely to involve the release of a polluting substance into a water body; and
    • does not involve the placement of the supporting structures for the international electrical transmission line in, on or within 30 meters of a water body.

S.O.R./2005-379, Schedule 2, Part I, s. 25-29.

9-YK-a.3 – Prepare Project Proposal

The proponent (developer) must prepare a Project Proposal (Proposal) for submission to YESAB (i.e., the Executive Committee or the Designated Office). The developer must incorporate any appropriate mitigative measures required for the Proposal. R.S.Y. 2003, c. 7, s. 50(2). When preparing a Project Proposal, the developer should also take into consideration the following matters:

  • All stages of the project or existing project;
  • The significance of any environmental or socio-economic effects of the project or existing project that have occurred or might occur in or outside Yukon, including the effects of malfunctions or accidents;
  • Alternatives to the project or existing project, or alternative ways of undertaking or operating the project, that would avoid or minimize any significant adverse environmental or socio-economic effects;
  • Mitigative measures and measures to compensate for any significant adverse environmental or socio-economic effects;
  • The need to protect the rights of Yukon Indian person under final agreements, the special relationship between Yukon Indian persons and the wilderness environment of Yukon, and the cultures, traditions, health and lifestyles of Yukon Indian persons and other residents in Yukon;
  • The interests of First Nations; and
  • The interests of residents of Yukon and of Canadian residents outside Yukon.

R.S.Y. 2003, c. 7, s. 42(1)(b)-(c),(e)-(h); R.S.Y. 2003, c. 7, s. 50(2).

9-YK-a.4 to 9-YK-a.5 – Does the Executive Committee Review the Project Proposal?

The Executive Committee of the YESAB or the Designated Office for the appropriate assessment district of the YESAB leads the assessment of the Proposal.

Executive Committee

The Executive Committee of the YESAB leads the assessment for the following activities:

  • The construction or installation of a power line with a voltage of 138 kV or more or a length of more than 50 kilometers that is not on a right-of-way for powerline, pipeline, railway line or road nor on a right-of-way contiguous to, for its whole length, a right-of-way developed for a power line, pipeline, railway line, or road;
  • Expansion of a power line that results in an increase, for a length of more than 100 kilometers, of the width of the right-of-way on which it is located;
  • Expansion of the length of a power line by 25 kilometers or more if the expanded portion of the power line is not on a right of way developed for a power line, pipeline, railway line or road nor on a right of way contiguous to, for its whole length, a right-of-way developed for a power line, pipeline, railway line or road.

S.O.R./2005-379, Schedule 3, s. 22-24.

For a complete list of activities that must be submitted to the Executive Committee see: S.O.R./2005-379, Schedule 3.

If the project is assessed by the Executive Office, go to:

Executive Committee Environmental Screening:
9-YK-c


Designated Office

In any other case, the Designated Office for the appropriate assessment district in which the project is proposed leads the assessment of the project. R.S.Y. 2003, c. 7, s. 50(1). A Designated Office for the assessment district is named by the federal minister as the site of an office to be maintained by the YESAB. R.S.Y. 2003, c. 7, s. 22(1).

If the project is assessed by the Designated Office, go to:

Desginated Office Environmental Evaluation:
9-YK-b


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