Yukon Environmental and Socio-economic Assessment Act (S.C. 2003, c. 7)

Definition of “administrative authority”

• 94. (1) In sections 95 to 101, “administrative authority”, in relation to a review of an existing project, means a government agency, an independent regulatory agency, a municipal government or a first nation that

  • (a) is the operator of the existing project,

  • (b) has the power to assume the operation of or to shut down the existing project, or

  • (c) has the power to amend, suspend or revoke an authorization that was issued, or to modify, suspend or withdraw an interest in land that was granted, to enable the existing project to be undertaken or completed,

  and includes the Governor in Council, if the Governor in Council has a power referred to in paragraph (b) or (c).

• Definition of “operator”

  (2) In subsection (1) and sections 95 to 101, “operator”, in relation to an existing project, means the person or body responsible for its operation.

Marginal note:Request for panel review

• 95. (1) The executive committee shall establish a panel of the Board to conduct a review of an existing project, of a proposed abandonment, decommissioning or temporary shutdown of an existing project, or of a proposed significant change to an existing project other than a change that is subject to assessment under any other provision of this Act,

  • (a) at the request of the federal minister, if there is an administrative authority for the existing project that is a federal agency or federal independent regulatory authority;

  • (b) at the request of the territorial minister, if there is an administrative authority for the existing project that is established by or under the Yukon Act; or

  • (c) at the request of a first nation and with the consent of

    • (i) the federal minister, and

    • (ii) the territorial minister, where a territorial agency, a municipal government or a territorial independent regulatory agency is an administrative authority for the existing project.

• Marginal note:Joint request

  (2) A request for a review must be made jointly by the federal and territorial ministers if there are administrative authorities described in paragraphs (1)(a) and (b).

• Marginal note:Consent of first nation

  (3) If a first nation is an administrative authority for an existing project, a request for a review by the federal or territorial minister may only be made with the first nation’s consent.

• Marginal note:Form of review

  (4) A request for a review shall specify whether the review is to be a public review or some other form of review.

• Marginal note:Discontinuance

  (5) If any minister or first nation that requested a review withdraws the request, the panel conducting the review shall discontinue it.