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Bill C-2

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    (b) appoint another member to the panel and direct the panel to resume or recommence the review; or

    (c) establish a new panel and direct the panel to recommence the review.

Commenceme nt of review

108. (1) A panel of the Board established to review a plan shall commence the review as soon as possible after it notifies the originator that, in its opinion, the applicable rules have been complied with.

Power to require additional information

(2) A panel of the Board may, before or after commencing a review of a plan, require the originator of the plan to provide any supplementary information that it considers necessary for the review.

Matters to be considered

(3) In conducting a review of a plan, a panel of the Board shall take the following matters into consideration:

    (a) the significance of any environmental or socio-economic effects in or outside Yukon that might occur from the implementation of the plan;

    (b) the significance of any adverse cumulative environmental or socio-economic effects that might occur from the implementation of the plan in combination with

      (i) projects for which proposals have been submitted under subsection 50(1), or

      (ii) existing or proposed activities, or the implementation of other plans, in or outside Yukon, that are known to the panel from information provided to it or obtained by it under this Part;

    (c) alternatives to the plan that would avoid or minimize any significant adverse environmental or socio-economic effects;

    (d) mitigative measures and measures to compensate for any significant adverse effects;

    (e) the need to protect the rights of Yukon Indian persons 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 of Yukon;

    (f) the interests of residents of Yukon and Canadian residents outside Yukon;

    (g) the capacity of any renewable resources that are likely to be significantly affected by the implementation of the plan to meet present and future needs; and

    (h) the need for effects monitoring.

Other matters

(4) A panel of the Board conducting a review of a plan may take into consideration any other matter that it considers relevant.

Recommendat ions of panel

109. (1) On the completion of its review of a plan, a panel of the Board shall provide the originator with written recommendations, which may include a recommendation that the plan be implemented, with or without modifications, or that it not be implemented.

Copy

(2) A panel shall provide a copy of its recommendations to any minister, municipal government or first nation that requested or consented to the review.

Consideration to be given

(3) The originator of a plan shall give full and fair consideration to the recommendations provided to it by a panel and shall provide the Board with its reasons in writing for declining any of the recommendations.

Audits and Effects Monitoring

Recommendat ion for audit or monitoring of project

110. (1) When a designated office, the executive committee, a panel of the Board or a joint panel recommends to a decision body that a project be allowed to proceed, with or without terms and conditions, it may recommend that a project audit or that effects monitoring be conducted in respect of the project.

Results

(2) A decision body that accepts a recommendation for a project audit or effects monitoring shall provide the results of it to the designated office that made the recommendation or, in the case of a recommendation made by the executive committee, a panel of the Board or a joint panel, to the executive committee.

Advice to decision body

(3) After reviewing the results of any project audit or effects monitoring provided to it by a decision body, the designated office or executive committee may provide advice to the decision body on the basis of those results.

Request for audit or monitoring of existing project

111. (1) A request for a project audit or for effects monitoring of an existing project may be made by ministers and first nations to the extent that and in the manner in which a request for a review may be made under subsections 95(1) to (3).

Report of results

(2) The executive committee shall conduct a project audit or effects monitoring of an existing project where so requested, and shall make a report of the results to the minister or first nation that made or consented to the request, and may include recommendations in the report.

Consideration of report

(3) The federal minister, the territorial minister or a first nation shall give full and fair consideration to any recommendations of the executive committee.

Studies and Research

Request for studies or research

112. (1) At the request of the federal minister, or at the request of the territorial minister or a first nation and with the consent of the federal minister, or at the request of a first nation or the territorial minister and at its or his or her expense, the executive committee may undertake

    (a) studies of environmental or socio-economic effects that are cumulative geographically or over time; or

    (b) research into any aspect of the assessment of activities.

Agreement

(2) The executive committee may conclude agreements respecting the terms of reference, scope and scheduling of studies or research with the ministers and first nations that request or consent to them.

Report of executive committee

113. (1) The executive committee shall report the results of a study or of research undertaken under section 112 to the minister or first nation that requested or consented to it, and may include recommendations in the report.

Consideration of report

(2) The minister or first nation shall give full and fair consideration to any recommendations of the executive committee.

Violation of Decision Document

Recommendat ion by Board to decision body

114. (1) The Board may recommend to a decision body that a public hearing be held by the Board, or another body to be designated by the decision body, if the Board considers that any person or body has violated any of the provisions of a decision document issued by that decision body.

Hearing

(2) If a decision body accepts a recommendation made to it, the Board or the body designated by the decision body shall hold a public hearing with respect to the violation, and may make recommendations to the decision body for the disposition of the matter.

Response to recommendati on

(3) A decision body shall respond with written reasons to any recommendation made to it.

Court Jurisdiction

Court reference by Board

115. At the request of a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, the Board may refer a question of law or jurisdiction arising in any proceedings under this Act to the Supreme Court of the Yukon Territory.

Application for judicial review

116. Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Court Act, the Attorney General of Canada, the territorial minister or anyone directly affected by the matter in respect of which relief is sought may make an application to the Supreme Court of the Yukon Territory for any relief against the Board, a designated office, the executive committee, a panel of the Board, 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 warranto or prohibition.

Maintenance of Records and Public Access

Records of Board and designated offices

117. The Board and each designated office shall maintain

    (a) a document indicating the boundaries of assessment districts and the location of the designated office for each assessment district;

    (b) copies of any by-laws and rules that are in force under this Act;

    (c) a record of the results of project audits and effects monitoring;

    (d) reports of studies and research undertaken under section 112; and

    (e) descriptions of any standard mitigative measures developed under section 37.

Records of Board

118. The Board shall maintain

    (a) a register containing all documents that are produced, collected or received by the executive committee, panels of the Board and joint panels in relation to assessments, together with any documents provided to them under subsection 91(1);

    (b) a list of the projects, existing projects, other activities and plans for which an assessment is pending before, or has been completed by, the designated offices, the executive committee, panels of the Board and joint panels, together with their location and stage of assessment; and

    (c) a record of authorizations, grants of interest in land and provisions of financial assistance as reported to it pursuant to section 89.

Records of designated office

119. Each designated office shall maintain

    (a) a register containing all documents that are produced, collected or received by it in relation to assessments and a copy of all documents referred to in paragraph 118(a) that relate to projects located in its assessment district, together with any documents provided to it under subsection 91(1); and

    (b) a list of the projects, existing projects and plans in its assessment district for which assessments are pending or have been completed, together with their location and stage of assessment.

Public access

120. (1) Any person has the right to inspect the registers and records referred to in sections 117 to 119 during normal business hours.

Information kept

(2) The Board and the designated offices shall keep their registers and records in a manner that facilitates public access to them.

Information held in confidence

121. Notwithstanding any other provision of this Part, the executive committee, the designated offices, panels of the Board and decision bodies may not disclose

    (a) traditional knowledge that is determined to be confidential under the applicable rules and that is provided in confidence to them for the purposes of this Act; or

    (b) information to any person or body that a government institution, within the meaning of the Access to Information Act, would not be required to disclose pursuant to a request by that person or body under that Act, unless

      (i) the provider of the information consents to its disclosure, and

      (ii) the person or body is not required to disclose the information pursuant to a request under a territorial or first nation law, and agrees to keep the information confidential.

Regulations and Orders

Regulations of Governor in Council

122. The Governor in Council may, following consultation by the federal minister with the territorial minister and first nations, make regulations

    (a) defining ``resident'' for the purposes of section 9, respecting proceedings for removal of a member from office under subsection 11(2) and determining which member is to be removed if more than one member changes residence during a given period;

    (b) specifying any matter to be taken into consideration in the conduct of an assessment of a project or existing project, for the purposes of paragraph 42(1)(j);

    (c) specifying the projects for which proposals are to be submitted to the executive committee under subsection 50(1);

    (d) prescribing time periods for the purposes of subsection 75(1), 76(1) or 77(3);

    (e) respecting the manner of consultation between decision bodies under subsection 78(1);

    (f) specifying the types of plans that may be reviewed by a panel of the Board under subsection 105(1); and

    (g) establishing a funding program to facilitate the participation of specified classes of persons or groups in reviews of projects.

Amendment of schedule

123. The Governor in Council may, by order, following consultation by the federal minister with the territorial minister and first nations,

    (a) amend Part 1 of the schedule by adding to it the name of any body having power under a federal law, other than the Yukon Act, to issue authorizations whose terms and conditions are not subject to variation by the Governor in Council or a minister of the Crown;

    (b) amend Part 2 of the schedule by adding to it the name of any body having the power under the Yukon Act to issue authorizations whose terms and conditions are not subject to variation by the Commissioner of Yukon or by a minister of the territorial government; or

    (c) amend the schedule by deleting the name of any body.