Yukon Surface Rights Board Act (S.C. 1994, c. 43)

Marginal note:Definitions

• 58 (1) In this section,

  identified site

  identified site means a site for a hydro-electric or water storage facility on settlement land that is identified on the map of that settlement land annexed to the final agreement of a Yukon first nation; (emplacement déterminé)

  unidentified site

  unidentified site means a site for a hydro-electric or water storage facility on settlement land that is not an identified site. (emplacement indéterminé)

• Marginal note:Compensation for identified site

  (2) In making an order under section 55 in respect of the expropriation of settlement land for the construction, maintenance and operation of a hydro-electric or water storage facility at an identified site, the Board shall not

  • (a) fix compensation for anything other than improvements to the settlement land; or

  • (b) fix compensation in an amount that, together with all other compensation provided to Yukon first nations in respect of the facility whether pursuant to such an order or otherwise, would exceed three per cent of the cost of construction of the facility.

• Marginal note:Compensation for unidentified sites

  (3) In making an order under section 55 in respect of the expropriation of settlement land for the construction, maintenance and operation of a hydro-electric or water storage facility at an unidentified site, the Board shall not

  • (a) take into consideration the cultural or other special value to the Yukon first nation of the land or any land to be provided as compensation for the expropriation; or

  • (b) fix compensation for improvements to the settlement land in an amount that, together with all other compensation for improvements provided to Yukon first nations in respect of the facility whether pursuant to such an order or otherwise, would exceed three per cent of the cost of construction of the facility.

Reservations

Marginal note:Definitions

59 In this section and sections 60 to 62,

land

land includes any interest in land recognized by law; (terre)

reservation

reservation means

• (a) a reservation made in the land records of the Northern Affairs Program of the Department of Indigenous Services, or

• (b) in the case of land under the administration and control of the Commissioner of the Yukon Territory, a reservation or notation made in the land records of the Lands Branch of the Department of Community and Transportation Services of the Government of the Yukon Territory. (réserve)

Marginal note:Order in respect of a reservation

60 On application by a Yukon first nation, the Board shall make an order fixing the compensation to be provided by the Government for whose benefit the reservation was made for any diminution in the value of settlement land resulting from the continuation of the reservation after the date of a declaration under section 5.7.4 of a final agreement that the land remains settlement land subject to the reservation.

Marginal note:Compensation

• 61 (1) In determining the amount of compensation, the Board may consider such factors as it deems appropriate and, without limiting the generality of the foregoing, shall consider

  • (a) the market value of the settlement land;

  • (b) any loss of, or interference with, the use of the land and any loss of opportunity in connection therewith;

  • (c) any impact on the fish and wildlife, and their habitat, on the land;

  • (d) any impact on fish and wildlife harvesting on the land;

  • (e) any nuisance, including that caused by noise, or inconvenience or damage to the land that may be caused by the activities for which the land is reserved;

  • (f) any cultural or other special value of the land to the Yukon first nation;

  • (g) any expenses associated with the implementation of the order; and

  • (h) any impact on other settlement land of the Yukon first nation.

• Marginal note:Compensation

  (2) The Board shall not

  • (a) decrease the amount of compensation on account of any reversionary interest remaining in the Yukon first nation or of any entry fee payable; or

  • (b) increase the amount of compensation on account of any aboriginal claim, right, title or interest or of the value of mines and minerals on or under category B settlement land or fee simple settlement land.

• Marginal note:Form of compensation

  (3) The compensation may be in any form or combination of forms, including money and, if requested by the Yukon first nation, Crown land that is administered by the Government for whose benefit the reservation was made and that is within the traditional territory of the Yukon first nation if the land is identified by the Yukon first nation and is available.

• Marginal note:Payment

  (4) The Board may require compensation in the form of money to be paid by one lump sum payment or by periodic payments of equal or different amounts and may require the payment of interest, at a rate to be determined in accordance with the regulations, on compensation payments made after the day on which they are required to be made.

Marginal note:Land compensation

• 62 (1) If a Yukon first nation requests Crown land as all or part of the compensation, the Board shall

  • (a) determine whether the land is within the traditional territory of the Yukon first nation and is available;

  • (b) determine the value of the land that is available; and

  • (c) order the Government to transfer to the Yukon first nation the amount of the available land that is necessary to provide the compensation in land.

• Marginal note:Balance of compensation

  (2) If the land transferred pursuant to an order under paragraph (1)(c) is not sufficient to provide the compensation in land, the Board shall order the Government to provide the balance of the compensation in any other form or combination of forms.

• Marginal note:Factors

  (3) In determining the value of Crown land that is to be transferred to the Yukon first nation, the Board may consider such factors as it deems appropriate and, without limiting the generality of the foregoing, shall consider

  • (a) the market value of the land;

  • (b) the value of fish and wildlife harvesting and of the gathering of plants on the land to the Yukon first nation;

  • (c) any potential effect of the transfer of the land on settlement land of the Yukon first nation; and

  • (d) any cultural or other special value of the land to the Yukon first nation.

• Marginal note:When land not available

  (4) For the purposes of this section, Crown land is not available if it is

  • (a) land that is subject to a lease or an agreement for sale, unless the Government and the holder of the interest consent to the land being available;

  • (b) land that is determined by the Board to be occupied or used, or required for future use, by any department or agency of a Government or any municipal government, unless the department, agency or government consents to the land being available;

  • (c) land that is within thirty metres of the boundary line between the Yukon Territory and Alaska, British Columbia or the Northwest Territories;

  • (d) land the provision of which to a Yukon first nation would, in the determination of the Board, unreasonably limit the expansion of any community or the access by any person to navigable waters or highways;

  • (e) a highway or highway right-of-way; or

  • (f) any other land that is determined by the Board not to be available.

Designation of Settlement Land

Marginal note:Designation of land

• 63 (1) Where land within the traditional territory of a Yukon first nation is to be transferred, pursuant to an order of the Board or as a result of negotiation, to the Yukon first nation as compensation for the expropriation of settlement land or for any diminution in the value of settlement land resulting from the continuation of a reservation after the date of a declaration under section 5.7.4 of a final agreement, on application by the Minister or Yukon first nation, the Board shall make an order designating the land as

  • (a) category A settlement land, if mines and minerals are included, or as category B settlement land or fee simple settlement land, if they are not included; and

  • (b) developed settlement land or undeveloped settlement land.

• Marginal note:Priority of designation order

  (2) Before making a determination or an order under paragraph 57(1)(b) or (c) or (2)(c) or (d) or 62(1)(b) or (c) in relation to land, the Board shall make an order under subsection (1) designating the land.

Additional Functions of the Board

Marginal note:Additional functions of Board

64 The Board shall, in addition to exercising the powers and performing the duties and functions conferred or imposed on the Board by this Act, exercise the powers and perform the duties and functions conferred or imposed on it by the regulations in relation to any particular parcel of settlement land.

PART IIIMineral Rights Disputes on Non-settlement Land

Marginal note:Order respecting interpretation

65 In the case of a dispute respecting access to non-settlement land between the following persons, the Board shall, on application of either person, make an order interpreting a provision described in paragraph (b) in relation to the right of access for purposes of the dispute:

• (a) a person, other than Government, who has an interest or right in the surface of the land; and

• (b) a person, other than Government, who has, in relation to a mineral right, a right of access on the land under any provision of a law of the Legislature of Yukon identified in regulations made pursuant to paragraph 78(f).

Marginal note:Nature of order

66 For greater certainty, the Board may not, in making an order under section 65 respecting a right of access provided for by a provision referred to in paragraph 65(b), create any right or make that right subject to a term or condition or otherwise restrict that right in a manner not provided for in that provision.

PART IVGeneral

Decisions of the Board

Marginal note:Conditional orders

67 The Board may in any order direct that the order or any provision of the order come into force at a future time or on the happening of a specified contingency, event or condition or on the performance to the satisfaction of the Board, or a named person, of any terms that the Board may impose on any interested party, and the Board may direct that the order or any part of the order has force for a limited time or until the happening of a specified contingency, event or condition.

Marginal note:Costs

68 The costs relating to an application to or a hearing before the Board that are incurred by the parties are in the discretion of the Board and the Board may, by order, award such costs on or before the final disposition of the application.

Marginal note:Reasons for decisions

69 The Board shall give written reasons for every decision that it makes in relation to an application.

Marginal note:Copies

70 As soon as practicable after making a decision in relation to an application, the Board shall give copies of the decision and the reasons for it to the parties.

Marginal note:Proof of orders

71 A document purporting to be an order of the Board, or to be certified by the Chairperson of the Board or any other person authorized by the by-laws as a true copy of such an order, is evidence of the making of the order and of its contents, without proof of the signature or official character of the person appearing to have signed the order or certified the copy.

Marginal note:Order binding on successor

72 An order of the Board is binding on and the rights thereunder extend to any person who subsequently acquires the ownership of or other interest or right in the land to which the order relates and, in the case of an access order, the right of access and the right for which the right of access was acquired.

Marginal note:Enforcement of orders

73 An order of the Board may be made an order of the Supreme Court of the Yukon Territory by filing a certified copy of the order with the registrar of the Court and, when so made, the order is enforceable in the same manner as an order of that Court.