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Yukon Executive Committee Screening (9-YT-c)

Information current as of 2022
In Yukon, the Executive Committee of the Yukon Environmental and Socio-Economic Assessment Board (YESAB) leads the environmental and socio-economic environmental screening for certain activities that require an authorization from a federal, territorial, or municipal government or First Nations 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, the Executive Committee leads the environmental screening 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.

The Executive Committee conducts environmental screenings pursuant to Yukon – Environmental Assessment and Socio-economic Assessment Act, R.S.Y. 2003, c. 7, Yukon Environmental and Socio-economic Assessment Board – Rules for Screening Conducted by the Executive Committee and Yukon – Assessable Activities, Exceptions, and Executive Committee Projects Regulations, S.O.R./2005-379.



Executive Committee Screening Process


9-YT-c.1 – Consult with First Nations and Other Effected Interests

The proponent (developer) must consult with any First Nations or residents of any community in which the project will be located or might have significant environmental or socio-economic effects before submitting a Proposal to the Executive Committee of the YESAB. R.S.Y. 2003, c. 7, s. 50(3).

9-YT-c.2 – Notify Executive Committee of Interest

Any decision body (government agency, independent regulatory agency, or First Nation) should notify the Executive Committee of its interest in the Project Proposal or of its interest in projects of that kind. R.S.Y. 2003, c. 7, s. 57(4).

9-YT-c.3 – Project Proposal

The developer must submit a complete Project Proposal to the Executive Committee of the YESAB. R.S.Y. 2003, c. 7, s. 50(1)(a). A complete Proposal must include the requirements found in Schedule A of the Rules for Screening Conducted by the Executive Committee, s. 16. Schedule A requirements include incorporation of the following Proposal sections:

  • A Project introduction and overview section which includes:
    • a executive summary;
    • proponent information;
    • project background information;
    • a project purpose statement; and
    • a list and description of the required authorizations and regulatory approvals.
  • A First Nations and public consultation section;
  • A Project location and land tenure section, including:
    • geographic location of the project;
    • land tenure information regarding the project;
    • traditional territory information;
    • Yukon land use planning region information;
    • information regarding the project’s consistency with other plans.
  • An existing environmental and socio-economic conditions section;
  • A project description section which includes:
    • a project identification description;
    • alternatives and chosen approaches; and
    • project phases and scheduling.
  • An environmental land socio-economic effects assessment section, which includes information regarding:
    • values, valued environmental and socio-economic components;
    • potential environmental and socio-economic effects;
    • mitigative measures;
    • a determination of significance; and
    • effects monitoring and adaptive management.
  • A cumulative effects assessment section, which includes information regarding:
    • valued environmental and socio-economic components;
    • other projects and activities;
    • potential cumulative effects;
    • mitigative measures; and
    • determination of significance.

Rules for Screening Conducted by the Executive Committee, Schedule A (section 16).

Unless otherwise directed, the developer must submit the following to the Executive Committee:

  • Ten copies Proposal (including appendices);
  • Ten digital copies of the Proposal (including appendices), with each copy separated into

Portable Document File (PDF) files no larger than 10 megabytes;

  • A separate PDF file containing a copy of the entire proposal without appendices; and
  • A separate PDF file containing the proposal’s table of contents.

Yukon Environmental and Socio-economic Assessment Board – Executive Committee Screening Rules, Directive No. 1.

The Proposal should also take into account matters referred to in R.S.Y. 2003, c. 7, s. 42(1)(b)-(c), (e)-(h). These matters include, but are not limited to:

  • 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;
  • The significance of any adverse cumulative environmental or socio-economic effects that have occurred or might occur in connection with the project or existing project in combination with the effects of other projects for which proposals have been review or any activities that have been carried out, are being carried out or are likely to be carried out in or outside Yukon;
  • 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)(a)-(h); Rules for Screening Conducted by the Executive Committee, s. 19(b).

The developer must also follow all the filing requirements found in Yukon Environmental and Socio-economic Assessment Board – Executive Committee Screening Rules, Directive No. 1.

9-YT-c.4 – Notify Environment Minister (If Applicable)

The Executive Committee of the YESAB must notify the Minister of the Environment of any Project Proposal for any project that has a federal decision body. R.S.Y. 2003, c. 7, s. 50(4). A federal decision body is a “federal agency that has power to issue an authorization that is required for the project…” or a “federal minister if the project is located wholly on settlement land and the Governor in Council or a federal independent regulatory agency has the power to issue an authorization that is required for the project, or a federal independent regulatory agency has received an application for financial assistance for the project.” R.S.Y. 2003, c. 7, s. 2(1)(c)-(e).

9-YT-c.5 to 9-YT-c.7 – Review Proposal Materials for Completeness

Where a Project Proposal for a project is submitted or referred to the Executive Committee, the Executive Committee must review the Project Proposal materials for administrative and technical completeness. R.S.Y. 2003, c. 7, s. 57(1). The Executive Committee must review the Proposal within 60 days of a Project Proposal being submitted and determine whether the proposal is adequate or whether supplemental information is required from the developer. Rules for Screening Conducted by the Executive Committee, s. 17. The Executive Committee may extend the period of making a determination for an additional 30 days. Rules for Screening Conducted by the Executive Committee, s. 18.

The Executive Committee considers a Project Proposal adequate/complete if the proponent (developer):

Rules for Screening Conducted by the Executive Committee, s. 19.

The Executive Committee may establish a technical review or advisory committees to seek views or information respecting the adequacy of the Project Proposal. Rules for Screening Conducted by the Executive Committee, ss. 25, 64.

The Executive Committee must notify the developer and the applicable decision bodies for the project of its adequacy/completeness determination. R.S.Y. 2003, c. 7, s. 57(1); Rules for Screening Conducted by the Executive Committee, s. 26. If the Executive Committee determines that the Project Proposal is not adequate it must notify the developer accordingly in writing and specify in the notice what supplementary information is required. Rules for Screening Conducted by the Executive Committee, s. 20.

9-YT-c.8 to 9-YT-c.15 – Is Supplementary Information Required?

The developer must submit any supplementary information required within 180 days to the Executive Committee. Rules for Screening Conducted by the Executive Committee, s. 27. If the developer does not submit supplementary information or advise the Executive Committee in writing within the 180-day period that it will submit the information, the developer’s Project Proposal is deemed withdrawn and no further action in reviewing the Proposal is required by the Executive Committee. Rules for Screening Conducted by the Executive Committee, s. 28.

The Executive Committee must within 30 days of receipt of supplementary information determine whether the Project Proposal is adequate and notify the developer in writing accordingly. Where the Executive Committee determines the Project Proposal is not adequate the notice must provide why the Project Proposal is inadequate. Rules for Screening Conducted by the Executive Committee, s. 21.

The developer must provide, to the satisfaction of the Executive, all the supplement information required for a complete Project Proposal within two (2) years from the date the Proposal is submitted. Rules for Screening Conducted by the Executive Committee, s. 29. The Proposal is deemed withdrawn if the developer has not submitted the supplementary information request, to the satisfaction of the Executive, within two (2) years from the date of the Proposal is initially submitted. Rules for Screening Conducted by the Executive Committee, s. 30. The Executive Committee must notify the developer in writing at least 45 days prior to a Proposal being withdrawn and subsequently discontinue its adequacy review of the Proposal. Rules for Screening Conducted by the Executive Committee, ss. 30-31.

9-YT-c.16 – Prepare Notification List

The Executive Committee must prepare a notification list for each screening it is conducting that includes:

  • Any First Nation consulted under subsection R.S.Y. 2003, c. 7, s. 50(3);
  • Any government agency, independent regulatory agency or First Nation that has notified the Executive Committee under R.S.Y. 2003, c. 7, s. 57(4); and
  • Any person having an interest in the outcome of the screening who has requested the Executive Committee in writing to be added to the notification list.

Rules for Screening Conducted by the Executive Committee, s. 63.

9-YT-c.17 – Publish Notice of Screening

The Executive Committee must publish notice on the online registry that it is conducting a screening of the project to determine the scope of the project within six (6) days of sending notice to the proponent (developer). Rules for Screening Conducted by the Executive Committee, s. 40.

In addition, the Executive Committee must publicize notice by any other method that, in the opinion of the Executive Committee, is reasonable and effective. Rules for Screening Conducted by the Executive Committee, s. 41.

Notice must:

  • Describe the manner in which copies of the Proposal, and other documentation produced, collected or received by the Executive Committee in relation to the screening, may be viewed or obtained; and
  • Invite interested persons and members of the public to submit their views about the project, and information relevant to the screening, to the Executive Committee in writing within 30 days, unless otherwise provided pursuant Rules for Screening Conducted by the Executive Committee, s. 43.

Rules for Screening Conducted by the Executive Committee, s. 42.

9-YT-c.18 to 9-YT-c.19 – Comment on Project Proposal

Interested persons and members of the public may comment on the Project Proposal. The Executive Committee must provide a public comment period of at least 30 days for interested persons and members of the public can submit their views about the project and other information relevant to screening the project. Rules for Screening Conducted by the Executive Committee, s. 43. The Executive Committee may extend the time for interested persons and members of the public to submit their views about the project, and information relevant to the screening, for a further period of up to 30 days, and must notify the developer in writing of any such extension. Rules for Screening Conducted by the Executive Committee, s. 43.

9-YT-c.20 – Review Public Comments

The Executive Committee must review the public comments submitted and then make a determination if any supplemental information is required to make a determination regarding the scope of the project. Yukon Environmental and Socio-economic Assessment Board – Executive Committee Screening Process Flowchart; R.S.Y. 2003, c. 7, s. 57(4).

Before making a scoping decision/recommendation the Executive Committee must take into consideration the views about the project, and information that it believes is relevant to the screening process, from any First Nation consulted with, and from any government agency, independent regulatory agency or First Nation that has notified the Executive Committee of its interest in the project or in the projects of that kind. R.S.Y. 2003, c. 7, s. 57(4).

9-YT-c.21 to 9-YT-c.22 – Determine if Supplemental Information Is Required

The Executive Committee must determine whether it has sufficient information to prepare a Draft Screening Report or whether it requires supplementary information from the developer no later than 21 days after the expiry of the comment period. The Executive Committee must notify the developer in writing of its determination. Rules for Screening Conducted by the Executive Committee, s. 44. If the Executive Committee requires supplemental information, the written notice to the developer must specify the information required. Rules for Screening Conducted by the Executive Committee, s. 45.

9-YT-c.23 to 9-YT-c.29 – Is Supplemental Information Required?

The developer must submit requested supplemental information to the Executive Committee. Executive Committee must, within 21 days of receiving supplementary information, determine whether, in its opinion, the information satisfies the request for additional information specified in the notice and then notify the developer in writing accordingly. Rules for Screening Conducted by the Executive Committee, s. 46. The Executive Committee may extend the period for making the determination for a further period of up to 21 days and must notify the developer in writing of any such extension. Rules for Screening Conducted by the Executive Committee, s. 47.

Where the Executive Committee determines that the information is not satisfactory the notice must specify the deficiencies. Rules for Screening Conducted by the Executive Committee, s. 46. Unless otherwise agreed to in writing by the Executive Committee and the developer, all supplemental information required from the developer by the Executive Committee must be provided to the satisfaction of the Executive Committee within two (2) years from the date of the request. If at the expiry of the two (2) year period, the developer has not submitted the supplemental information requested the Executive Committee must notify the developer in writing and discontinue its screening of the project. Rules for Screening Conducted by the Executive Committee, ss. 68-69. The Executive Committee must provide notice at least a 45-day notice in writing of the project being withdrawn. Rules for Screening Conducted by the Executive Committee, s. 70.

9-YT-c.30 – Determine Scope of Project

The Executive Committee must screen the Project Proposal to determine the scope of the project. Rules for Screening Conducted by the Executive Committee, ss. 33-34. In accordance with R.S.Y. 2003, c. 7, s. 51, the Executive Committee must include within the scope of the project:

  • Any activity identified in the Proposal; and
  • Any other activity that the Executive Committee considers likely to be undertaken in relation to an activity so identified and that it considers sufficiently related to it to be included in the project.

Rules for Screening Conducted by the Executive Committee, s. 35.

In determining whether another activity is likely to be undertaken and is sufficiently related to an activity identified in the Project Proposal, the Executive Committee must take into consideration:

  • Whether it is reasonably likely that the activity identified in the Proposal would proceed without the other activity being undertaken;
  • Whether the decision to undertake the activity identified in the Proposal makes it inevitable that the other activity will be undertaken; and
  • The spatial and temporal proximity of the activity identified in the Proposal to the other activity.

Rules for Screening Conducted by the Executive Committee, s. 36.

At the outset of the screening process, the Executive Committee must prepare a statement (i.e., Draft Screening Statement) describing the scope of the project based on the information contained in the Project Proposal and provide a copy of the statement to the developer. Rules for Screening Conducted by the Executive Committee, ss. 33-34; Yukon Environmental and Socio-economic Assessment Board – Executive Committee Screening Process Flowchart.

Note: The Executive Committee may modify the scope of the project. Rules for Screening Conducted by the Executive Committee, s. 37. If the Executive Committee decides to modify the scope of the project, they must notify any person on the notification list and the developer in writing of any material change to the scope of the project. Rules for Screening Conducted by the Executive Committee, s. 38.

9-YT-c.31 to 9-YT-c.34 – Prepare Draft Screening Report

At the conclusion of the screening process, the Executive Committee must make a written recommendation (i.e., Draft Screening Report) to the decision bodies for the project within 120 days of providing notice to the developer of that it has sufficient information from the developer to prepare the Draft Screening Report or notifying the developer that the supplementary information requirements have been satisfied. Rules for Screening Conducted by the Executive Committee, s. 49; Rules for Screening Conducted by the Executive Committee, s. 39. The recommendation comes in the form of a Draft Screening Report which is a statement setting out the Executive Committee’s final determination of the scope of the project considered for the purposes of the screening. Rules for Screening Conducted by the Executive Committee, s. 39. The Draft Screening Report will recommend to the decision bodies for the project one of the following:

  • 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;
  • 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;
  • 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
  • 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.

R.S.Y. 2003, c. 7, s. 58(1).

The Executive Committee must provide a copy of the Draft Screening Report to the developer. R.S.Y. 2003, c. 7, s. 58(3).

The Executive Committee may extend the 120-day drafting period up to 270 days. If the Executive Committee extends the drafting, they must provide notice to the developer and anyone on the notification list in writing. Rules for Screening Conducted by the Executive Committee, s. 50.

Note: The Executive Committee may conclude its screening and require a review of a project at any time after the expiry of the 30-day public comment period referred to in Rules for Screening Conducted by the Executive Committee, s. 42 if:

  • After taking into account any mitigative measures included in the Project Proposal the Executive Committee determines that the project might contribute significantly to cumulative adverse environmental or socio-economic effects in Yukon, or that the project is causing or is likely to cause significant public concern in Yukon; or
  • The Executive Committee cannot determine whether the project will have significant adverse environmental or socio-economic effects; or
  • The Executive determines that the project involves technology that is controversial in Yukon or the effects of which are unknown.

Rules for Screening Conducted by the Executive Committee, s. 67

9-YT-c.35 – Publish Public Notice of the Draft Screening Report

The Executive Committee must publish notice of the Draft Screening Report’s completion on the online registry within 120 days of notifying the developer that it has sufficient information from the developer to prepare the Draft Screening Report or notifying the developer that the supplementary information requirements have been satisfied. Rules for Screening Conducted by the Executive Committee, s. 49.

The notice must:

  • Describe the manner in which copies of the draft screening report may be viewed or obtained, and
  • Invite interested persons and members of the public to submit their views or comments about the Draft Screening Report in writing to the Executive Committee within 30 days, unless otherwise provided. Rules for Screening Conducted by the Executive Committee, s. 51.

In addition, the Executive Committee must publicize notice by any other method that, in the opinion of the Executive Committee, is reasonable and effective. Rules for Screening Conducted by the Executive Committee, s. 52.

9-YT-c.36 to 9-YT-c.37 – Provide Notice of Public Meetings (If Applicable)

The Executive must provide reasonable notice of a public meeting to the public and the developer if they decide to hold a public meeting on the Project Proposal. Rules for Screening Conducted by the Executive Committee, s. 62. If the Executive Committee decides to hold a public meeting, they must invite the developer to participate in the meeting. Rules for Screening Conducted by the Executive Committee, s. 62. The Executive Committee may hold public meetings in the course of screening the project at least 60 days before making its recommendation (i.e., Final Screening Report) on the project. Rules for Screening Conducted by the Executive Committee, s. 59. The Executive Committee must prepare minutes or other reasonable recordings of the meetings. Rules for Screening Conducted by the Executive Committee, s. 62.

9-YT-c.38 to 9-YT-c.39 – Comment on Draft Screening Report

The Executive Committee must provide a 30-day public comment period to allow persons of interest and members of the public to submit their views or comments about the Draft Screening Report. Rules for Screening Conducted by the Executive Committee, s. 51. The Executive Committee may extend the 30-day period for a further period of up to 30 days. The Executive Committee must advise the developer, and any person on the notification list, in writing of any such extension. Rules for Screening Conducted by the Executive Committee, s. 52.

9-YT-c.40 to 9-YT-c.45 – Determine If Information Is Sufficient for Screening Decision

The Executive Committee must, within 21 days after the public comment for the Draft Screening Report, determine that it has sufficient information from the developer to conclude its screening, or that it requires supplementary information from the developer before concluding its screening and must notify the developer in writing accordingly. Rules for Screening Conducted by the Executive Committee, s. 54.

If the Executive Committee determines that it requires supplementary information from the developer, the notice must specify the information required. Rules for Screening Conducted by the Executive Committee, s. 55.

The Executive Committee must, within 21 days of receiving supplementary information determine whether, in its opinion, the information satisfies the requirements of the notice and must notify the developer in writing accordingly. Where the Executive Committee determines that the information is not satisfactory the notice must specify the deficiencies. Rules for Screening Conducted by the Executive Committee, s. 56.

9-YT-c.46 to 9-YT-c.50 – Prepare Final Screening Report

The Executive Committee must make its recommendation (i.e., Final Screening Report) regarding the project within 60 days of notifying the developer that it has sufficient information to conclude its screening, or that the supplementary information requirements have been satisfied. Rules for Screening Conducted by the Executive Committee, s. 58.

The Executive Committee may extend the 60-day period further – up to 30 days and must advise the developer and any person on the notification list in writing of any such extension. Rules for Screening Conducted by the Executive Committee, s. 59.

The Executive Committee must take the following matters into consideration when making a decision on the Project Proposal:

  • The purpose of the project or existing project;
  • 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;
  • The significance of any adverse cumulative environmental or socio-economic effects that have occurred or might occur in connection with the project or existing project in combination with the effects of other projects for which proposals have been review or any activities that have been carried out, are being carried out or are likely to be carried out in or outside Yukon;
  • Any studies or research undertaken that are relevant to the project or existing project;
  • The need for effects monitoring;
  • 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;
  • The interests of residents of Yukon and of Canadian residents outside Yukon;
  • Any matter that a decision body has asked it to take into consideration; and
  • Any matter specified by Yukon – Assessable Activities, Exceptions, and Executive Committee Projects Regulations, S.O.R./2005-379.

R.S.Y. 2003, c. 7, s. 42(1)(a)-(j).

The Executive Committee must also take into consideration the capacity of any renewable resources that are likely to be significantly affected by the project or existing projects to meet present and future needs. R.S.Y. 2003, c. 7, s. 42(2). In addition, YESAB may take into consideration any matter that it considers relevant in the Assessment of the project or existing project. R.S.Y. 2003, c. 7, s. 42(4).

The Executive Committee must either:

  • 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;
  • 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
  • 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.

R.S.Y. 2003, c. 7, s. 58(1).

Irrespective of any Draft Screening Report, the Executive Committee must require a review of the project if:

  • It determines, after taking into account any mitigative measures included in the project proposal, that the project might contribute significantly to cumulative adverse environmental or socio-economic effects in Yukon or that the project is causing or is likely to cause significant public concern in Yukon; or
  • It determines that the project involves technology that is controversial in Yukon or the effects of which are unknown.

R.S.Y. 2003, c. 7, s. 58(2).

Where the Executive Committee requires a review irrespective of the Final Screening Report it must provide written reasons for doing so to the developer and any First Nation consulted as well as to any government agency, independent regulatory agency or First nation that has notified the Executive Committee of its interest in the project or in projects of that kind. R.S.Y. 2003, c. 7, s. 58(4).

9-YT-c.51 – Consider Recommendation

The decision body must consider the recommendation (i.e., Final Screening Report) of the Executive Committee and give full and fair consideration to scientific information, traditional knowledge and other information that is provided with the recommendation. R.S.Y. 2003, c. 7, s. 74(1).

9-YT-c.52 – Consult First Nations (If Applicable)

The decision body must consult a First Nation for which no final agreement is in effect if the project is located wholly or partly or might have significant adverse environmental or socio-economic effects, in the First Nation’s territory. A final agreement is a final agreement within the meaning of the Yukon - First Nations Land Claims Settlement Act, S.C. 1994, c. 34. R.S.Y. 2003, c. 7, s. 74(2).

9-YT-c.53 to 9-YT-c.57 – Is the Recommendation Referred Back to the Executive Committee?

The decision body must issue a decision document either accepting the Executive Committee’s recommendation or refer the recommendation back to the Executive Committee. R.S.Y. 2003, c. 7, s. 76(1).

If the decision body refers a recommendation back to the Executive Committee for reconsideration the decision body publishes notice of the referral within six (6) days on the online registry. Rules for Screening Conducted by the Executive Committee, s. 72. The notice must:

  • Describe how to view or obtain copies of the Executive Committee’s recommendation, the reasons of the decision body, if any, for making the referral back, and other documentation produced, collected or received by the Executive Committee in relation to the screening; and
  • Invite interested persons and members of the public to submit their views about the recommendation of the Executive Committee or the referral back, to the Executive Committee in writing within 21 days of the notice of the referral, unless the Executive Committee extends the time for review and submission of information. Rules for Screening Conducted by the Executive Committee, s. 74.

The Executive Committee may within the notice or any time before the expiration of the 21-day period extend the time for views and information to be submitted for a further period up to 14 days. If the Executive Committee extends the period, they must notify the developer in writing of any extension. Rules for Screening Conducted by the Executive Committee, s. 75.

The decision body must provide notice of the referral to:

  • Every other decision body for the project;
  • The proponent (developer) of the project;
  • The designated office in whose assessment district the project is proposed to be undertaken;
  • The Executive Committee;
  • Any independent regulatory agency from which an authorization is required, or to which an application is made for financial assistance, to enable the project to be undertaken;
  • The Yukon Surface Rights Board if an access order is required for the project under the Yukon – Surface Rights Board Act, S.C. 1994, c. 43;
  • A body established by territorial law and having jurisdiction in relation to rights in respect to waters, if the grant of rights from that body is required for the project under territorial law; and
  • Any other person or body that is required to implement the decision document.

R.S.Y. 2003, c. 7, s. 86(2).

9-YT-c.58 to 9-YT-c.60 – Reconsider Recommendation

The Executive Committee must reconsider the recommendation made to the decision body on the Project Proposal. The Executive Committee must make a new recommendation to the decision bodies in respect of the project within 21 days of the expiry of the notice period. If the Executive Committee does not make a new recommendation, it is deemed to have made the same recommendation that it made at the conclusion of the screening process. R.S.Y. 2003, c. 7, s. 81(1); Rules for Screening Conducted by the Executive Committee, s. 77.

Before making a new recommendation, the Executive Committee must seek views about the project and information relevant to the screening, including the recommendation made by the Executive Committee and the decision body’s referral back, from any person on the notification list. Rules for Screening Conducted by the Executive Committee, s. 76.

When it reconsiders a recommendation that is referred back to it, the Executive Committee may exercise the powers and must perform the duties that they have, respectively, in relation to screenings and reviews. R.S.Y. 2003, c. 7, s. 77(1).

9-YT-c.61 to 9-YT-c.66 – Decision Document

The decision body must issue a decision document accepting the Executive Committee’s original or new recommendation, rejecting the original or new recommendation, or varying the original or new recommendation. R.S.Y. 2003, c. 7, ss. 76(1), 77(3). In implementing a decision document, a federal agency, First Nation, federal independent regulatory agency, or territorial minister that is a decision body for the project must not undertake a project, require that it be undertaken or take any action that would allow it to be undertaken unit it has issued a decision document. R.S.Y. 2003, c. 7, ss. 82(1), 84(1), 83(1), 87(1).

If the decision body rejects or varied any recommendation it must include in the decision document the reasoning for its decision. R.S.Y. 2003, c. 7, s. 80(1).

The decision body must provide copies of the decision document to:

  • Every other decision body for the project;
  • The proponent (developer) of the project;
  • The designated office in whose assessment district the project is proposed to be undertaken;
  • The Executive Committee;
  • Any independent regulatory agency from which an authorization is required, or to which an application is made for financial assistance, to enable the project to be undertaken;
  • The Yukon Surface Rights Board if an access order is required for the project under the Yukon – Surface Rights Board Act, S.C. 1994, c. 43;
  • A body established by territorial law and having jurisdiction in relation to rights in respect to waters, if the grant of rights from that body is required for the project under territorial law; and
  • Any other person or body that is required to implement the decision document.

R.S.Y. 2003, c. 7, s. 81(1).

The new Decision Document, if applicable, replaces any previous decision document issued by it in respect to the project. R.S.Y. 2003, c. 7, s. 77(3).

If the Executive Committee recommends that a project not be referred for a review, but the decision body rejects that recommendation the decision body must notify the Executive Committee in writing within 15 days after receiving the recommendation that the Executive Committee must require a review of the project. R.S.Y. 2003, c. 7, s. 59.

9-YT-c.67 to 9-YT-c.68 – Issue Authorization

A decision body (federal agency, First Nation, federal independent regulatory agency, the National Energy Board, or a territorial minister) must issue an authorization to enable the project to be undertaken. That authorization must specify the terms and conditions that will allow the project to mitigate the adverse environmental or socio-economic effects it may have in or outside the Yukon. R.S.Y. 2003, c. 7, s.88.1.

For greater certainty, an independent regulatory agency, a government agency or a first nation may impose, to the extent of its jurisdiction and authority to do so, terms and conditions that are in addition to, or more stringent than, those referred to in the decision documents. R.S.Y. 2003, c. 7, ss. 87(2)-(3), 88(2), 84(2), 82(2), 83(2).

Following the issuance of a decision document allowing a project to be undertaken, every decision body (government agency, municipal government, independent regulatory agency and first nation) must notify the YESAB whenever it:

  • Issues any authorization required for the project to be undertaken, or amends or revokes that authorization;
  • Grants any interest in land required for the project to be undertaken, or modifies or withdraws that interest; or
  • Provides any financial assistance that enables the project to be undertaken or alters or cancels that assistance.

R.S.Y. 2003, c. 7, s. 89.

9-YT-c.69 – Appeal Decision (Optional)

Anyone directly affected by a matter in respect of which relief is sought may make an application to the Supreme Court of Yukon for any relief against the YESAB, a Designated Office, the Executive Committee, a panel of the YESAB, a joint panel, or a decision body, by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warrant, or prohibition. R.S.Y. 2003, c. 7, s. 116.

The federal court has exclusive jurisdiction to issue an injunction, writ of certiorari, writ of prohibition, writ of mandamus or writ of quo warrant, or grant declaratory relief, against any federal board, commission or other tribunal and to hear and determine any application or other proceeding for relief in the nature of relief contemplated, including any proceeding brought against the Attorney General of Canada, to obtain relief against a federal board, commission or other tribunal. R.S.Y. 2003, c. 7, s. 116 and R.S.C. 1985, c. F-7, s. 18(1).


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