Data-center law in Yukon

R.S.Y. 2002, c. 10, ss. 2-3, 7

Applies to both

The Commissioner in Executive Council may designate as a development area any area in the Yukon where it is considered necessary in the public interest to regulate the orderly development of that area. The Commissioner in Executive Council may make regulations for the orderly development of a development area respecting, among other matters, the zoning of the area and the regulation or prohibition of the erection, maintenance, alteration, repair or removal of buildings.

Every person who violates any regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding $200.

Source: Full text of law

R.S.Y. 2002, c. 154, ss. 288-290

Applies to government

Within two years after the adoption of an official community plan, a council must adopt a zoning bylaw. A council must not adopt a zoning bylaw, or an amendment to a zoning bylaw, that is not consistent with an official community plan. A zoning bylaw may prohibit, regulate and control the use and development of land and buildings in a municipality.

A zoning bylaw may establish districts, areas or zones in the municipality and regulate in any or all of them the use of land, buildings or other structures for business, industry, residences or any other purpose, and the location of any or all classes of business, industry, residences or other undertakings.

Source: Full text of law

SOR/2005-379, Schedule 1, Parts 4 and 11

Effective 2005-11-28 · Applies to both

Column 1 of Parts 1 to 13 of Schedule 1 lists the activities that may be made subject to assessment under the Yukon Environmental and Socio-economic Assessment Act, and column 2 and Schedule 2 set out the exceptions. Part 4 of Schedule 1 lists the construction, operation, modification, decommissioning or abandonment of a power line, and of a fossil fuel-fired electrical generating station, with no exception for a station of any size.

Part 11 of Schedule 1 lists the operation of equipment capable of generating, burning or using heat energy, excepting equipment that is not capable of generating, burning or using, according to the manufacturer's specifications, heat energy of 5 000 000 Btu/h or more. The Regulations were registered on November 28, 2005 and came into force on registration.

Source: Full text of law

S.C. 2003, c. 7, ss. 47, 50, 83, 86

Effective 2004-11-13 · Applies to both

A proponent shall submit a proposal for a project to the executive committee or to the designated office for the assessment district in which the project is to be undertaken.

An activity listed in the regulations and not excepted is subject to assessment if it is proposed to be undertaken in Yukon and, among other cases, an authorization or the grant of an interest in land by a government agency, independent regulatory agency, municipal government or first nation is required for the activity to be undertaken.

Where the territorial minister is a decision body for a project, no territorial agency or municipal government may undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until the territorial minister has issued a decision document allowing the project to be undertaken.

A body established by territorial law and having jurisdiction in relation to rights in respect of waters may not grant or renew rights in respect of waters contrary to a decision document, or set terms of such rights that conflict with one. The Act received assent on May 13, 2003. Its Part 2, which carries the assessment process, came into force on November 13, 2004.

Source: Full text of law

R.S.Y. 2002, c. 186, ss. 1, 20, 68

Applies to both

No public utility shall operate in the Yukon unless it has been granted a franchise by the Commissioner in Executive Council. A public utility is a person who, otherwise than in an excluded undertaking, produces, generates, stores, transmits, sells, delivers or furnishes electricity or gas in the Yukon for consideration, or owns equipment or facilities used to do so.

A person who fails to comply with any provision of the Act is liable on summary conviction, in the case of an individual, to a fine not exceeding $1,000 and in default to imprisonment for a term not exceeding one year, and, in the case of a corporation, to a fine not exceeding $5,000.

Source: Full text of law

S.Y. 2003, c. 19, ss. 6-7, 38

Applies to both

Subject to the exceptions in subsection 6(2), no person shall use, or permit the use of, waters in a water management area except in accordance with the conditions of a licence or as authorized by regulations made under paragraph 31(1)(m).

Except in accordance with the conditions of a licence or as authorized by regulations made under paragraph 31(1)(n), no person shall deposit or permit the deposit of waste in any waters in a water management area, or in any other place under conditions in which the waste may enter any waters in a water management area.

A person who contravenes subsection 6(1) or section 7 is guilty of an offence and liable on summary conviction to a fine of up to $100,000 or to imprisonment for a term of up to one year, or to both.

Source: Full text of law

R.S.Y. 2002, c. 19, s. 2

Applies to both

Subject to subsections 2(3) and 2(4), the National Building Code is the building code. Except as otherwise provided in the Act or the regulations, the construction, occupancy and use of a building, and the installation and use of any component, fixture or system of a building, must conform to the Act, the regulations and the building code, to any permit issued under the Act and to any applicable requirement imposed under any other enactment.

The Commissioner in Executive Council may make regulations that require a permit to be obtained or an inspection done before a building is constructed, occupied or used.

Source: Full text of law

R.S.Y. 2002, c. 76, ss. 112-113, 172

Applies to both

No person shall release a contaminant in a manner contrary to the Act or the regulations. Every person who releases a contaminant in an amount, concentration or level in excess of that prescribed by regulation or allowed under a permit shall, as soon as possible under the circumstances, report the release to an environmental protection officer or to a person designated by regulation.

A person who contravenes section 112 is guilty of an offence and is liable on a first conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding six months or both. On each subsequent conviction the fine does not exceed $1,000,000 and the imprisonment does not exceed three years, or both.

Source: Full text of law