In 1984, the Government of Canada adopted the Environmental Assessment
and Review Process Guidelines Order (EARPGO) that applied throughout
Canada to ensure that projects did not unnecessarily impact the
environment. In 1995 the Canadian Environmental Assessment Act
(CEAA) replaced EARPGO.
Chapter
12 of the Yukon First Nations Final Agreements called for the
establishment by federal legislation of an assessment process
that would apply on all lands of the Yukon: federal, territorial,
First Nation and private. The Council of Yukon First Nations (CYFN)
and the Yukon Territorial Government agreed to work with the Government
of Canada to jointly establish a unique development assessment
process for the Yukon. The federal legislation establishing this
process (YESAA) has functionally replaced CEAA and EAA and
applies to all lands in the Yukon.
First Nations, stakeholders and the public were consulted on
the early drafts of the development assessment legislation. After
two workshops and discussions with a variety of people, a draft
of the legislation was released in 1998 for public review. The
detailed comments received led to important changes in the proposed
process. A further public consultation was held in 2001, resulting
in further changes to the proposed legislation.
On May 13, 2003 the legislation was given Parliamentary Royal
Assent.