Canada Gazette

Notice is hereby given that the Governor in Council, pursuant to paragraphs 122(d) and (e) of the Yukon Environmental and Socio-economic Assessment Act (see footnote a), proposes to make the annexed Decision Body Time Periods and Consultation Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Stephen Van Dine, Department of Indian Affairs and Northern Development, Les Terrasses de la Chaudière, Room 623, 10 Wellington Street, Gatineau, Quebec K1A 0H4 (tel.: (819) 953-8613; fax: (819) 953-0335; e-mail: vandines@ainc-inac.gc.ca).

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

"Act" means the Yukon Environmental and Socio-economic Assessment Act. (Loi)

"new recommendation" means a recommendation made or deemed to be made to a decision body under subsection 77(2) of the Act. (nouvelle recommandation)

(a) paragraph 56(1)(a), (b) or (c) of the Act by a designated office at the conclusion of an evaluation;

(b) paragraph 58(1)(a), (b) or (c) of the Act by the executive committee at the conclusion of a screening;

"review panel" means a review panel referred to in section 63 of the Act. (commission)

2. For the purpose of subsection 75(1) of the Act, the period for issuing a decision document in respect of a recommendation made to a decision body by a designated office is 30 days after the date of the report that includes the recommendation.

3. For the purpose of subsection 75(1) of the Act, the period for issuing a decision document in respect of a recommendation made to a decision body by a joint panel or a review panel is 90 days after the date of the report that includes the recommendation.

4. (1) For the purpose of paragraph 76(1)(a) of the Act, the period for issuing a decision document accepting a recommendation made to a decision body is

(a) 60 days after the date of the report that includes the recommendation, if the recommendation is made by the executive committee; and

(b) 90 days after the date of the report that includes the recommendation, if the recommendation is made by a panel of the Board.

(2) For the purpose of paragraph 76(1)(b) of the Act, the period for referring a recommendation made to a decision body back for reconsideration to the executive committee or a panel of the Board is 45 days after the date of the report that includes the recommendation.

5. For the purpose of subsection 77(3) of the Act, the period for issuing a decision document in respect of a new recommendation made or deemed to have been made to a decision body is

(a) in the case of a new recommendation made or deemed to have been made by the executive committee, 30 days after

(i) the date of the report that includes the new recommendation, if the new recommendation is made rather than deemed to have been made, or

(ii) the last day of the period prescribed by rules made for the purpose of subsection 77(2) of the Act, if the new recommendation is deemed to have been made; and

(b) in the case of a new recommendation made or deemed to have been made by a panel of the Board, 60 days after

(i) the date of the report that includes the new recommendation, if the new recommendation is made rather than deemed to been have made, or

(ii) the last day of the period prescribed by rules made for the purpose of subsection 77(2) of the Act, if the new recommendation is deemed to have been made.

6. If a decision body considering a recommendation is required under subsection 74(2) of the Act to consult a first nation, the period prescribed under a provision of these Regulations for the decision body to issue the decision document in respect of the recommendation is extended as follows:

7. If there are two or more decision bodies for a project, the decision bodies must cooperate with each other to collectively determine the manner of consultation with one another under subsection 78(1) of the Act in respect of the project, including the determination of

(i) the period within which decision documents must be issued,

(ii) the complexity of the project,

(iii) the location of the project, and

(iv) any other considerations that are relevant to the applicable recommendation or new recommendation;

(b) the manner in which first nations are to be consulted by the decision bodies, if consultation with first nations is required under subsection 74(2) of the Act; and

8. (1) If more than one federal decision body is required to issue a decision document in respect of a recommendation in respect of a project, the federal decision bodies must select from among themselves one federal decision body to be the lead federal decision body for the project.

(2) The lead federal decision body must, within seven days after the date of the report that includes the recommendation, provide written notice of its selection to any decision bodies for the project that are not federal decision bodies.

(a) coordinate the efforts of the federal decision bodies to make the determinations required under section 7;

(b) coordinate the consultations between the federal decision bodies under subsection 78(1) of the Act;

(c) coordinate the consultation between the federal decision bodies and any other decision bodies under subsection 78(1) of the Act; and

(d) represent the federal decision bodies in discussions with the other decision bodies in making the determinations required under section 7.

(4) If the federal decision bodies cannot come to an agreement on any determination required under section 7, the lead federal decision body must, on behalf of the federal decision bodies,

(a) if there are no decision bodies referred to in paragraph (a) or (b) of the definition "decision body" in subsection 2(1) of the Act in relation to the project, determine the matter; or

(b) if there are one or more decision bodies referred to in paragraph (a) or (b) of the definition "decision body" in subsection 2(1) of the Act in relation to the project, determine the position of the federal government to propose to those other decision bodies with respect to the determination.