Chapter 12 - Development Assessment
12.1.0 Objective
12.1.1
The objective of this chapter is to provide for a development assessment
process that:
12.1.1.1
recognizes and enhances, to the extent practicable, the traditional
economy of Yukon Indian People and their special relationship with the
wilderness Environment;
12.1.1.2
provides for guaranteed participation by Yukon Indian People and
utilizes the knowledge and experience of Yukon Indian People in the
development assessment process;
12.1.1.3
protects and promotes the well-being of Yukon Indian People and of
their communities and of other Yukon residents and the interests of
other Canadians;
12.1.1.4
protects and maintains environmental quality and ensures that Projects
are undertaken consistent with the principle of Sustainable
Development;
12.1.1.5
protects and maintains Heritage Resources;
12.1.1.6
provides for a comprehensive and timely review of the environmental
and socio-economic effects of any Project before the approval of the
Project;
12.1.1.7
avoids duplication in the review process for Projects and, to the
greatest extent practicable, provides certainty to all affected parties
and Project proponents with respect to procedures, information
requirements, time requirements and costs; and
12.1.1.8
requires Project proponents to consider the environmental and socioeconomic
effects of Projects and Project alternatives and to
incorporate appropriate mitigative measures in the design of Projects.
12.2.0 Definitions
In this chapter, the following definitions shall apply.
"Designated Office" means a community or regional office of Government, an
office of a Yukon First Nation or another office identified pursuant to the
Development Assessment Legislation in accordance with Yukon First Nation
Final Agreements and for the purposes set out in 12.6.0.
"Development Assessment Legislation" means Legislation enacted to
implement the development assessment process set out in this chapter.
"Environment" means the components of the Earth and includes:
- air, land and water;
- all layers of the atmosphere;
- all organic and inorganic matter and living organisms; and
- the interacting natural systems that include components referred
to in (a), (b) and (c).
"Existing Project" means an enterprise or activity or class of enterprises or
activities which has been undertaken or completed in the Yukon which is not
exempt from screening and review.
"Independent Regulatory Agency" means an agency established by
Government that is identified in the Development Assessment Legislation
which issues a licence, permit or other authorization, the terms and conditions
of which are not subject to variation by Government.
"Plan" means a plan, program, policy or a proposal that is not a Project.
"Project" means an enterprise or activity or class of enterprises or activities to
be undertaken in the Yukon which is not exempt from screening and review.
"YDAB" means the Yukon Development Assessment Board established
pursuant to Development Assessment Legislation.
12.3.0 Development Assessment Legislation
12.3.1
Government shall implement a development assessment process consistent
with this chapter by Legislation.
12.3.2
The parties to the Umbrella Final Agreement shall negotiate guidelines for
drafting Development Assessment Legislation and these drafting guidelines
shall be consistent with the provisions of this chapter.
12.3.3
Failing agreement on guidelines, Government shall Consult with the Council
for Yukon Indians and with Yukon First Nations during the drafting of the
Development Assessment Legislation.
12.3.4
Government shall recommend to Parliament or the Legislative Assembly, as
the case may be, the Development Assessment Legislation consistent with
this chapter as soon as practicable and in any event no later than two years
after the effective date of Settlement Legislation.
12.3.5
Canada shall recommend to Parliament necessary amendments to existing
Legislation including, but not limited to, the Yukon Quartz Mining Act, R.S.C.
1985, c. Y-4, Yukon Placer Mining Act, R.S.C. 1985, c. Y-3, Territorial Lands
Act, R.S.C. 1985, c. T-7 and Northern Inland Waters Act, R.S.C. 1985, c. N-
25, to ensure its conformity with the Development Assessment Legislation.
12.3.6
Prior to the enactment of Development Assessment Legislation, the parties to
the Umbrella Final Agreement shall make best efforts to develop and
incorporate in the implementation plan provided for in 12.19.1, interim
measures for assessing a Project which shall be consistent with the spirit of
this chapter and within the existing framework of Law and regulatory
agencies.
12.4.0 Scope
12.4.1
Subject to this chapter, the following matters are subject to the development
assessment process:
12.4.1.1
Projects and significant changes to Existing Projects; and
12.4.1.2
in accordance with 12.8.0,
- a proposed enterprise or activity located outside the Yukon with
significant adverse environmental or socio-economic effects in the
Yukon,
- temporary shutdown, abandonment or decommissioning of an
Existing Project,
- Plans,
- Existing Projects,
- development assessment research, or
- studies of environmental or socio-economic effects that are
cumulative regionally or over time.
12.4.2
YDAB and each Designated Office shall consider the following matters when carrying out their functions:
12.4.2.1
the need to protect the special relationship between Yukon Indian
People and the Yukon wilderness Environment;
12.4.2.2
the need to protect the cultures, traditions, health and lifestyles of
Yukon Indian People and of other residents of the Yukon;
12.4.2.3
the need to protect the rights of Yukon Indian People pursuant to the
provisions of Settlement Agreements;
12.4.2.4
the interests of Yukon residents and Canadians outside the Yukon;
12.4.2.5
alternatives to the Project or alternative ways of carrying out the
Project that avoid or minimize significant adverse environmental or
socio-economic effects;
12.4.2.6
measures for mitigation of and compensation for significant adverse
environmental and socio-economic effects;
12.4.2.7
any significant adverse effect on Heritage Resources;
12.4.2.8
the need for a timely review of the Project;
12.4.2.9
the need to avoid duplication and, to the greatest extent practicable,
provide certainty to all affected parties and Project proponents with
respect to procedures, information requirements, time requirements,
and costs; and
12.4.2.10
any other matters provided for in the Development Assessment
Legislation.
12.5.0 Entry Point
12.5.1
Development Assessment Legislation shall provide criteria for classification of
Projects and Existing Projects for determining their entry point to the
development assessment process and further criteria for identifying
exemptions from the process.
12.5.2
The entry point shall be either a Designated Office or YDAB.
12.6.0 Designated Office
12.6.1
In accordance with the Development Assessment Legislation, a Designated
Office:
12.6.1.1
shall screen and may review Projects;
12.6.1.2
shall establish information requirements for Project proponents;
12.6.1.3
shall ensure that interested parties have the opportunity to participate
in the assessment process;
12.6.1.4
shall make written recommendations to a Decision Body that a Project that has not been referred to YDAB be allowed to proceed, be allowed to proceed subject to any terms and conditions, or not be allowed to proceed;
12.6.1.5
may refer a Project to YDAB;
12.6.1.6
may determine the type of screening or review of a Project by that Designated Office;
12.6.1.7
may establish procedures pursuant to which a screening or review
shall be conducted by that Designated Office;
12.6.1.8
may make written recommendations to a Decision Body that a Project
audit or monitoring of effects be undertaken; and
12.6.1.9
may exercise any other powers and shall carry out any other duties
provided for in the Development Assessment Legislation.
12.6.2
A Designated Office shall maintain a public registry in accordance with the
Development Assessment Legislation.
12.6.3
Subject to 12.13.4.2, upon receipt of a recommendation from a Designated
Office, a Decision Body shall, in a Decision Document, accept, vary, or reject
the recommendations of that Designated Office.
12.7.0 Yukon Development Assessment Board
12.7.1
A Yukon Development Assessment Board shall be established pursuant to the Development Assessment Legislation.
12.7.2
YDAB shall be composed of an Executive Committee and an additional number of members determined in the Development Assessment Legislation.
12.7.3
The Executive Committee shall be composed of one member nominated by the Council for Yukon Indians, one member nominated by Government, and the chairperson of YDAB.
12.7.4
The Minister shall, after Consultation with the other members of the Executive Committee, appoint the chairperson of YDAB.
12.7.5
The Minister shall appoint the additional number of persons to YDAB, so that in total, excluding the chairperson, one half the members of YDAB are nominees of the Council for Yukon Indians and one half the members of YDAB are nominees of Government.
12.8.0 YDAB Powers and Responsibilities
12.8.1
In accordance with the Development Assessment Legislation, YDAB:
12.8.1.1
shall establish rules for its procedures;
12.8.1.2
shall in accordance with 12.9.0 and 12.10.0 ensure that a mandatory
screening or review of a Project and a screening or review of a Project
referred to it pursuant to this chapter are conducted and that written
recommendations are made to a Decision Body concerning any
significant adverse environmental or socio-economic effects of the
Project;
12.8.1.3
may make written recommendations to a Decision Body that Project
audits or effects monitoring be undertaken;
12.8.1.4
shall upon request by Government, or with the consent of Government,
upon request from a Yukon First Nation,
- conduct a review,
- review a temporary shut down, abandonment, decommissioning
or significant change,
- conduct an audit, or
- monitor effects,
of a Project or an Existing Project, as the case may be;
12.8.1.5
may review Plans which may have significant adverse environmental
or socio-economic effects in the Yukon, upon request of Government
or, with the consent of Government, upon request by a Yukon First
Nation;
12.8.1.6
shall notify Designated Offices and other relevant review bodies and
agencies of a Project and of any decision to conduct a review of the
Project;
12.8.1.7
may in accordance with 12.9.0 and 12.10.0 hold joint reviews with
other bodies;
12.8.1.8
may upon request by Government or, with the consent of Government,
upon request by a Yukon First Nation, undertake studies of
environmental or socio-economic effects that are cumulative regionally
or over time, or undertake development assessment research;
12.8.1.9
may upon request by Government or, with the consent of Government,
upon request by a Yukon First Nation, review an enterprise or activity
located outside of the Yukon which has significant adverse environmental
or socio-economic effects on the Yukon;
12.8.1.10
may agree to review upon request by a Yukon First Nation and at the
expense of that Yukon First Nation, any activity set out in 12.8.1.5,
12.8.1.8, and 12.8.1.9, without the consent of Government; and
12.8.1.11
may exercise any other powers and shall carry out any other duties set out in the Development Assessment Legislation.
12.8.2
YDAB shall establish structures and procedures to carry out its administrative functions.
12.8.3
YDAB shall maintain a public registry in accordance with the Development Assessment Legislation.
12.9.0 Executive Committee Powers
12.9.1
In accordance with the Development Assessment Legislation, the Executive
Committee:
12.9.1.1
shall, before exercising any of its functions relating to the screening or
review of a Project, satisfy itself that the Project proponent has,
- Consulted with affected communities,
- taken into consideration the matters identified in 12.4.2, and
- adhered to the procedural rules established by YDAB;
12.9.1.2
subject to 12.9.2, shall determine that a Project will be reviewed by a panel of YDAB or shall recommend to a Decision Body in writing with reasons that a Project not be reviewed by a panel;
12.9.1.3
shall, where it has recommended that a Project not be reviewed by a
panel, make written recommendations to the Decision Body that the
Project be allowed to proceed, be allowed to proceed subject to any
terms and conditions, or not be allowed to proceed;
12.9.1.4
shall, where a review of a Project is to be conducted by a panel,
determine whether the significant adverse environmental or socioeconomic
effects of the Project will be,
- primarily on Settlement Land,
- primarily on Non-Settlement Land, or
- on both Settlement Land and Non-Settlement Land but not
primarily on either Settlement Land or Non-Settlement Land;
12.9.1.5
where a review of a Project is to be conducted by a panel, establish
terms of reference for the panel, and appoint a chairperson for the
panel;
12.9.1.6
shall issue an annual report; and
12.9.1.7
may exercise any other power and shall carry out any other duty set
out in the Development Assessment Legislation.
12.9.2
Subject to 12.9.4, the Executive Committee shall establish a panel to conduct
a public review of a Project if:
12.9.2.1
it determines that the Project may have significant adverse
environmental or socio-economic effects in the Yukon or outside the
Yukon;
12.9.2.2
it determines that the Project causes or is likely to cause significant
public concern in the Yukon;
12.9.2.3
it determines that the Project involves technology which is
controversial in the Yukon or for which the effects are unknown; or
12.9.2.4
it determines that the Project, while not generating significant adverse
environmental or socio-economic effects by itself, may contribute
significantly to cumulative adverse environmental or socio-economic
effects in the Yukon.
12.9.3
Subject to 12.9.4, the Executive Committee shall establish a panel to conduct:
12.9.3.1
a public review of a Project, subject to 12.9.3.2, where a Decision Body
rejects the Executive Committee's recommendation that the Project not
be publicly reviewed by a panel; or
12.9.3.2
a public review or other form of review as Government or a Yukon First
Nation may require, where Government or a Yukon First Nation
requests a review pursuant to 12.8.0.
12.9.4
The Development Assessment Legislation shall provide for the avoidance of duplication of any public review by a federal environmental assessment panel and YDAB, or by the Inuvialuit Environmental Impact Review Board and YDAB, either by requiring a public review only by one of those bodies or a public review by a joint body.
12.9.5
Where it is proposed by Government in accordance with 12.9.4 that a Project be reviewed publicly by a federal environmental assessment panel instead of by YDAB, consent of the affected Yukon First Nation shall be required before the federal environmental assessment panel is established.
12.9.6
If the consent pursuant to 12.9.5 is not provided within 30 days of a request from the Minister responsible for the federal environmental assessment panel, that Minister may require the Project be reviewed publicly by the federal environmental assessment panel instead of YDAB provided that:
12.9.6.1
that Minister shall appoint members to a panel in accordance with that Minister's practice and at least one quarter of the panel members shall be appointed from a list of nominees given to that Minister by the Council for Yukon Indians and at least one quarter from a list of nominees given to that Minister by the Yukon. Members of YDAB are eligible to be appointed to the panel; and
12.9.6.2
The recommendations made by the panel to that Minister shall be deemed to be written recommendations of YDAB within the meaning of 12.12.0. Such recommendations shall be referred to the Decision Body, to be dealt with in accordance with 12.12.0, 12.13.0 and 12.14.0 as if they were recommendations of YDAB, except that 12.12.1.2 does not apply.
12.10.0 Panels of YDAB
12.10.1
Where the Executive Committee determines that the primary significant adverse environmental or socio-economic effects of a Project are on Settlement Land, two thirds of the members of a panel shall be members nominated to YDAB by the Council for Yukon Indians and one third of the members of the panel shall be members nominated to YDAB by Government.
12.10.2
Where the Executive Committee determines that the primary significant adverse environmental or socio-economic effects of a Project are on Non-Settlement Land, two thirds of the members of a panel shall be members nominated to YDAB by Government and one third of the members of the panel shall be members nominated to YDAB by the Council for Yukon Indians.
12.10.3
Where the Executive Committee determines that the significant adverse
environmental or socio-economic effects of a Project are on both Settlement
Land and Non-Settlement Land but not primarily on either Settlement Land or
Non-Settlement Land, apart from the chairperson, one half of the members of
the panel shall be members nominated to YDAB by the Council for Yukon Indians and one half of the members of the panel shall be members
nominated to YDAB by Government.
12.10.4
For the purposes of 12.10.0, "Settlement Land" may, if so provided in a
Transboundary Agreement, include land in the Yukon held by that
transboundary claimant group pursuant to its Transboundary Agreement.
12.11.0 Panel Powers
12.11.1
In accordance with the Development Assessment Legislation, a panel
established pursuant to 12.10.0 to review a Project:
12.11.1.1
shall determine the information required from the Project proponent,
the manner in which the review shall be conducted, a review schedule,
and Yukon First Nation, public and local, territorial and federal
government involvement in the review and such other matters as the
panel considers appropriate;
12.11.1.2
shall make written recommendations to a Decision Body that a Project
be allowed to proceed subject to terms and conditions or not be
allowed to proceed;
12.11.1.3
may make written recommendations to a Decision Body that Project
audits or effects monitoring be undertaken; and
12.11.1.4
may exercise any power and shall carry out any other responsibility set out in the Development Assessment Legislation.
12.11.2 Written recommendations and reports of a panel shall be deemed to be written recommendations and reports of YDAB.
12.12.0 YDAB Recommendations
12.12.1
Upon receipt of written recommendations and reports from YDAB a Decision Body shall:
12.12.1.1
accept the recommendations in their entirety in writing in a Decision Document;
12.12.1.2
refer the recommendations back to YDAB for further consideration; or
12.12.1.3
subject to 12.13.4.2, subsequent to the reconsideration by YDAB, accept the recommendations, vary the recommendations, or reject the recommendations in writing in a Decision Document.
12.12.2
Where a Decision Body rejects or varies the recommendations of YDAB, the Decision Body shall provide written reasons to YDAB which shall be available to the public.
12.13.0 Determination of the Decision Body
12.13.1
Where a Project is located wholly or partially on Settlement Land, a Decision
Document is required from:
12.13.1.1
a Yukon First Nation, where the Yukon First Nation is empowered by
Yukon First Nation self-government Legislation or Settlement
Agreements to require its approval or other authorization, other than
for access to Settlement Land as provided in Settlement Agreements;
or
12.13.1.2
a Yukon First Nation, where the Project does not require a Decision
Document from Government; and
12.13.1.3
Government, where the Project involves the Right to Work Mines and
Minerals on Category B or Fee Simple Settlement Land, or where the
Project requires an approval or other authorization from Government.
12.13.2
Where a Project is located wholly or partially on Non-Settlement Land, a
Decision Document is required from Government.
12.13.3
Government and the Yukon First Nation shall Consult with each other before
issuing a Decision Document for a Project where Decision Documents for the
Project are required from both Decision Bodies.
12.13.4
Where a Decision Document is required from both Decision Bodies and the
Project involves the Right to Work Mines and Minerals on Category B or Fee
Simple Settlement Land:
12.13.4.1
the Decision Bodies shall endeavour to make the terms and conditions
of their Decision Document conform;
12.13.4.2
notwithstanding 12.6.3 and 12.12.1.3, the Decision Bodies may only reject or vary the terms and conditions contained in the
recommendations of YDAB or a Designated Office on the grounds that, to accomplish the objectives of this chapter, any of the terms and conditions are,
- insufficient to achieve an acceptable level of environmental and
socio-economic impacts in the Yukon,
- more onerous than necessary to achieve an acceptable level of
environmental and socio-economic impact in the Yukon, or
- so onerous as to undermine the economic viability of a Project;
and
12.13.4.3
where the terms and conditions of the Decision Documents conflict,
Government and the Yukon First Nation shall, subject to 12.14.8,
exercise any discretion in granting an interest in, or authorizing the use
of land, water, or other resources, in conformity with the terms and
conditions of the Decision Document issued by Government.
12.14.0 Implementation of Decision Document
12.14.1
Government shall:
12.14.1.1
subject to 12.14.8, exercise any discretion in granting an interest in, or
authorizing the use of land, water, or other resources in conformity with
the terms and conditions of a Decision Document issued by
Government; and
12.14.1.2
not issue any approval, authorization or, subject to Development
Assessment Legislation under 12.19.2.14, provide financial assistance
to a proponent with respect to a Project prior to issuing a Decision
Document.
12.14.2
Nothing in 12.13.4.3 or 12.14.1.1 shall be construed to require Government to
enact or amend Legislation to implement a Decision Document issued by
Government or to require Government to grant an interest in or authorize the
use of land, water or other resources.
12.14.3
A Yukon First Nation shall:
12.14.3.1
subject to 12.13.4.3 and 12.14.8, exercise any discretion in granting an
interest in, or authorizing the use of, land, water, or other resources in
conformity with the terms and conditions of a Decision Document
issued by the Yukon First Nation; and
12.14.3.2
not issue any approval, authorization or, subject to Development
Assessment Legislation under 12.19.2.14, provide financial assistance
to a proponent with respect to a Project prior to issuing a Decision
Document.
12.14.4
Nothing in 12.13.4.3 or 12.14.3.1 shall be construed to require a Yukon First
Nation to enact or amend laws passed pursuant to self-government
Legislation to implement a Decision Document issued by the Yukon First
Nation or as requiring the Yukon First Nation to grant an interest in or
authorize the use of land, water or other resources.
12.14.5
Where the Project proponent requires a licence, permit, or other authorization
from the National Energy Board or other Independent Regulatory Agency
identified in the Development Assessment Legislation under 12.19.2.13, the
Decision Body shall send the Decision Document to the National Energy
Board or other Independent Regulatory Agency.
12.14.6
An Independent Regulatory Agency other than the National Energy Board, in
issuing a licence, permit or other authorization for a Project shall endeavour
to make the terms and conditions of such authorization conform, to the extent
practicable, with the terms and conditions of a Decision Document issued by
Government for the Project.
12.14.7
The National Energy Board, in issuing a licence, permit or other authorization
for a Project, shall take into consideration the terms and conditions of a
Decision Document issued by Government for the Project.
12.14.8
Where there is a conflict between the terms and conditions of a Decision
Document for a Project and the terms and conditions of a licence, permit, or
other authorization for the Project issued by the National Energy Board or
other Independent Regulatory Agency, the terms and conditions of the
licence, permit, or other authorization for the Project issued by the National
Energy Board or other Independent Regulatory Agency, as the case may be,
shall prevail to the extent of the conflict.
12.14.9
Where the terms and conditions of a licence, permit or other authorization for
a Project issued by the National Energy Board or other Independent
Regulatory Agency vary from those in a Decision Document issued by
Government, that agency shall provide written reasons for such variance to
the Decision Body.
12.15.0 Monitoring and Enforcement
12.15.1
Nothing in this chapter shall be construed to affect Government's
responsibility for the compliance monitoring of Projects.
12.15.2
YDAB may make recommendations under 12.9.1.3 to a Decision Body that Project audits or effects monitoring be undertaken.
12.15.3
Upon request by YDAB, a Decision Body shall provide to YDAB information obtained through effects monitoring undertaken after the acceptance by the Decision Body of a recommendation made pursuant to 12.15.2.
12.15.4
YDAB may issue reports, including recommendations to a Decision Body, based on the review of the results of effects monitoring studies.
12.15.5
The Development Assessment Legislation may provide for the enforcement of
Decision Documents.
12.15.6
YDAB may recommend to a Decision Body that YDAB or any other body hold a public hearing if YDAB determines that the terms and conditions of a Decision Document issued by that Decision Body may have been violated.
12.15.7
If the recommendation of YDAB pursuant to 12.15.6 is accepted by the Decision Body, then YDAB or the other body shall hold a public hearing.
12.15.8
After a body holds a public hearing under 12.15.7, the body may make recommendations to the Decision Body in respect of the disposition of the matter.
12.16.0 Transboundary Impacts
12.16.1
Government shall make best efforts to negotiate with other relevant
jurisdictions, in Consultation with affected Yukon First Nations, agreements or
cooperative arrangements that provide for development assessments
equivalent to the screening and review requirements in the Yukon for
enterprises or activities located outside the Yukon that may have significant
adverse environmental or socio-economic effects on the Yukon.
12.16.2
The representation of transboundary claimant groups on the YDAB shall be as established in Transboundary Agreements and, in any case, the proportion
of Government nominees on a panel shall be as provided in this chapter.
12.16.3
Prior to the enactment of Settlement Legislation, the parties to the Umbrella
Final Agreement shall make best efforts to resolve any conflict and avoid any
duplication in North Yukon between the development assessment process
provided pursuant to this chapter and the environmental impact screening
and review process provided pursuant to the Inuvialuit Final Agreement.
12.17.0 Relationship to Land Use Planning
12.17.1
Where YDAB or a Designated Office receives a Project application in a region where a regional land use plan is in effect, YDAB or the Designated Office, as the case may be, shall request that the Regional Land Use Planning Commission for the planning region determine whether or not the Project is in conformity with the approved regional land use plan.
12.17.2
Where a Regional Land Use Planning Commission is preparing a regional land use plan, YDAB or a Designated Office, as the case may be, shall
provide the Regional Land Use Planning Commission with the information it
has on any Project in the planning region for which a review is pending and
shall invite the Regional Land Use Planning Commission to make
representations to the panel or the Designated Office.
12.17.3
Where a panel is reviewing a Project and a Regional Land Use Planning
Commission has determined pursuant to 12.17.1 that the Project does not
conform with an approved regional land use plan, the panel shall consider the
regional land use plan in its review, invite the relevant Regional Land Use
Planning Commission to make representations to the panel and make
recommendations to the Decision Body that conform so far as possible to the
approved regional plan.
12.17.4
Where a Decision Document states that a non-conforming Project may
proceed, the Project proponent may proceed with the Project if permitted by
and in accordance with Law.
12.17.5
The Development Assessment Legislation shall set out the relationship
between the issuance of a Decision Document for a Project that has not been
assessed by YDAB and the grant of a variance from a regional land use plan or the amendment of the land use plan.
12.18.0 Funding
12.18.1
Each Designated Office, after Consultation with the affected Yukon First
Nation, shall prepare a budget respecting its responsibilities under the
Development Assessment Legislation and this chapter and shall submit that
budget to YDAB or to Government, whichever is designated by Government from time to time.
12.18.2
YDAB shall, on an annual basis, review all budgets submitted to it under 12.18.1 and shall prepare an annual budget for its responsibilities and for those of each Designated Office under the Development Assessment Legislation and this chapter for review and approval by Government. The approved expenses of YDAB and the Designated Offices shall be a charge on Government.
12.19.0 Implementation
12.19.1
Government, in Consultation with the Yukon First Nations, shall prepare a
detailed plan:
12.19.1.1
providing for the planning and implementation of the Development
Assessment Legislation which addresses the involvement of Yukon
First Nations; and
12.19.1.2
providing for the application of the Development Assessment
Legislation until Yukon First Nation Final Agreements have been
negotiated.
12.19.2
Development Assessment Legislation may provide the following:
12.19.2.1
criteria for classification of Projects for the determination of the entry
point to the development assessment process;
12.19.2.2
classification of Projects for which screening and review by YDAB is mandatory;
12.19.2.3
criteria to determine the significance of adverse environmental or
socio-economic effects;
12.19.2.4
the type of Plan which YDAB may review without a request by Government or Yukon First Nations;
12.19.2.5
criteria for the classes of enterprises or activities which are exempt
from screening and review;
12.19.2.6
the role of YDAB, Yukon First Nations, Government, Project
proponents or other participants in the provision of participant funding
in reviews of Projects;
12.19.2.7
the ability of the Minister to identify a Designated Office for a type of
Project;
12.19.2.8
the manner in which a Designated Office conducts a review;
12.19.2.9
time limits for activities or functions of YDAB, Designated Offices, the Minister and Yukon First Nations;
12.19.2.10
procedural requirements for Project proponents and other participants;
12.19.2.11
public participation in the review of Projects;
12.19.2.12
the process for joint reviews by YDAB and other bodies;
12.19.2.13
a listing of Independent Regulatory Agencies;
12.19.2.14
conditions respecting the provision of financial assistance to a
proponent prior to assessment of a Project; and
12.19.2.15
any other matter required to implement the development assessment
process.
12.19.3
A comprehensive review of the development assessment process by the
parties to the Umbrella Final Agreement shall be completed five years after
the enactment of Development Assessment Legislation.
12.19.4
Nothing in this chapter shall be construed to prevent Government, in
Consultation with Yukon First Nations, from acting to improve or enhance
socio-economic or environmental procedures in the Yukon in the absence of
any approved detailed design of the development assessment process.
12.19.5
Nothing in this chapter shall be construed to affect any existing development
assessment process in the Yukon prior to the Development Assessment
Legislation coming into effect.
|
