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.

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.

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.

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.