CHAPTER 17 ENVIRONMENTAL ASSESSMENT

17.1 GENERAL
17.2 AUTHORITY TO MAKE LAWS
17.3 YALE FIRST NATION PARTICIPATION IN FEDERAL ENVIRONMENTAL ASSESSMENTS
17.4 YALE FIRST NATION PARTICIPATION IN PROVINCIAL ENVIRONMENTAL ASSESSMENTS

17.1  GENERAL

17.1.1  Notwithstanding any decision made by Canada or British Columbia in respect of a Federal Project or a Provincial Project, no Federal Project or Provincial Project on Yale First Nation Land will proceed without the consent of Yale First Nation.

17.1.2  Notwithstanding 17.1.1, consent of Yale First Nation is not required in respect of:

a. a Federal Project or Provincial Project if an interest in a parcel of Yale First Nation Land required for the Federal Project or Provincial Project has been expropriated in accordance with Chapter 12 Lands; or

b. a project that is within the terms and conditions of an interest set out in Appendix H-3 or H-4, where that project is a Federal Project or Provincial Project.

17.2  AUTHORITY TO MAKE LAWS

17.2.1  The Yale First Nation Government may make laws, applicable on Yale First Nation Land, in respect of the Environmental Assessment of Yale First Nation Projects.

17.2.2  Yale First Nation Law under 17.2.1 will have the equivalent effect of, or exceed the requirements of, the Canadian Environmental Assessment Act.

17.2.3  Where the Yale First-Nation Government exercises law-making authority under 17.2.1, Canada and Yale First Nation will negotiate and attempt to reach agreement to:

a. coordinate their respective environmental assessment requirements; and

b. avoid duplication where a Yale First Nation Project is also a Federal Project.

17.2.4  Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 17.2.1.

17.3  YALE FIRST NATION PARTICIPATION IN FEDERAL ENVIRONMENTAL ASSESSMENTS

17.3.1  If a proposed Federal Project may reasonably be expected to adversely affect Yale First Nation Land or Section 35 Rights of Yale First Nation:

a. Canada will ensure that Yale First Nation is provided with timely notice of the Environmental Assessment and information describing the Federal Project in sufficient detail to permit Yale First Nation to determine if it is interested in participating in the Environmental Assessment;

b. if Yale First Nation confirms that it is interested in participating in the Environmental Assessment of the Federal Project, Canada will provide Yale First Nation with an opportunity to comment on the Environmental Assessment conducted under the Canadian Environmental Assessment Act, including:

i. the scope of the Federal Project;

ii. the environmental effects of the Federal Project;

iii. any mitigation measures to be implemented, and

iv. any follow-up programs to be implemented;

c. during the course of the Environmental Assessment conducted under the Canadian Environmental Assessment Act, Canada will give full and fair consideration to any comments referred to in 17.3.1b and will respond to the comments before taking any decision to which those comments pertain; and

d. Yale First Nation will have access to information in Canada's possession related to the Environmental Assessment of the Federal Project in accordance with the public registry provisions in the Canadian Environmental Assessment Act.

17.3.2  If a proposed Federal Project described in 17.3.1 is referred to a panel under the Canadian Environmental Assessment Act, Canada will provide Yale First Nation with:

a. the opportunity to propose to the Minister a list of names that the Minister may consider for appointment to the panel, unless the panel is an Independent Regulatory Agency, or Yale First Nation is a proponent of the Federal Project; and

b. formal standing before the panel.

17.3.3  If a proposed Federal Project that is referred to a panel under the Canadian Environmental Assessment Act will be located on Yale First Nation Land, Canada will provide Yale First Nation with:

a. the opportunity to propose to the Minister a list of names from which the Minister will appoint one member in accordance with the requirements of the Canadian Environmental Assessment Act, unless the panel is a decision–making body, such as the National Energy Board, or if the Yale First Nation Government is a proponent of the proposed Federal Project;

b. the opportunity to comment on the terms of reference of the panel; and

c. formal standing before that panel.

17.4  YALE FIRST NATION PARTICIPATION IN PROVINCIAL ENVIRONMENTAL ASSESSMENTS

17.4.1  If a Provincial Project is located within the Yale First Nation Area or may reasonably be expected to adversely affect Yale First Nation Land, residents of Yale First Nation Land or Section 35 Rights of Yale First Nation, British Columbia will ensure that Yale First Nation:

a. is provided with timely notice of, and relevant available information on, the Provincial Project;

b. is Consulted regarding the environmental effects of that Provincial Project; and

c. is provided with an opportunity to participate in any Environmental Assessment of that Provincial Project.

17.4.2  After giving full and fair consideration to the comments received under 17.4.1, British Columbia will respond to any views provided by Yale First Nation under 17.4.1 before making a decision that would enable the Provincial Project to be carried out in whole or in part.

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