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

Marginal note:Restriction for military manoeuvres

44. Notwithstanding subsection 43(1), terms and conditions that the Board may include in an access order made under subsection 42(1) in respect of the exercise of a right of access described in paragraph 1(e) of Schedule II shall be restricted to contact persons, areas, timing, environmental protection, protection of wildlife and habitat, land use rent and compensation for damage caused to the settlement land and any improvements and personal property on the land.

Marginal note:Interim access order

• 45. (1) Pending the final determination of an application for an access order, the Board may make an interim access order.

• Marginal note:Final access hearing

  (2) The Board shall, within thirty days after making an interim access order, commence a hearing to finally determine the matter.

Marginal note:Payment before exercise of right

46. Subject to subsection 43(5) and section 44, no person may exercise the right of access under an interim access order made under subsection 45(1) until the entry fee and any compensation provided for by the interim access order is paid, as allocated by the Board, to the Yukon first nation and any affected interest holder designated by the Board.

Marginal note:Order for additional terms and conditions

47. On application made by a Yukon first nation that does not reach an agreement with the Minister in respect of terms and conditions for the exercise by any person, on the settlement land of the Yukon first nation, of a right of access described in section 2 of Schedule II that are additional to any applicable terms and conditions described in subsections 2(2) to (6) of that Schedule, the Board shall

• (a) make an order establishing terms and conditions that specify seasons, times, locations, methods of access or manner of access; or

• (b) dismiss the application.

Marginal note:Restrictions

• 48. (1) Unless the Yukon first nation and the Minister agree otherwise, terms and conditions may not be established pursuant to an order made under section 47 for a purpose other than

  • (a) protecting the environment;

  • (b) protecting fish or wildlife or their habitat;

  • (c) reducing conflicts between the exercise of that right and the traditional or cultural uses of settlement land by the Yukon first nation or a Yukon Indian person; or

  • (d) protecting the use and peaceful enjoyment of land used for communities or residences.

• Marginal note:Restrictions

  (2) No additional term or condition established pursuant to an order made under section 47 may

  • (a) restrict law enforcement or any inspection authorized by law;

  • (b) impose a fee or charge for the exercise of that right; or

  • (c) unreasonably restrict the exercise of that right.