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

Marginal note:Application to Tetlit Gwich’in Yukon land

• 3. (1) Subject to this section, this Act applies within the primary use area described in Annex A of the Transboundary Agreement as if

  • (a) the references to settlement land, category B settlement land, fee simple settlement land and undeveloped settlement land were references to Tetlit Gwich’in Yukon land described in Annex B of the Transboundary Agreement;

  • (b) the references to traditional territory were references to the primary use area;

  • (c) the references to a Yukon first nation, other than the reference in the definition “Council for Yukon Indians” in section 2 and in paragraph (4)(b), were references to the Gwich’in Tribal Council; and

  • (d) the references to a Yukon Indian person were references to a Tetlit Gwich’in as defined in the Transboundary Agreement.

• Marginal note:Provisions not applicable

  (2) Subsection 31(1), sections 58 and 63 and paragraphs 1(g) and 2(1)(f) of Schedule II do not apply in respect of Tetlit Gwich’in Yukon land.

• Marginal note:Hearing of applications

  (3) An application in respect of Tetlit Gwich’in Yukon land shall be heard in Fort McPherson, Northwest Territories, unless the parties agree otherwise.

• Marginal note:Compensation for expropriation

  (4) In making an order under section 55 in respect of the expropriation of Tetlit Gwich’in Yukon land for the construction, maintenance and operation of a hydro-electric or water storage facility, the Board shall not

  • (a) take into consideration the cultural or other special value to the Gwich’in Tribal Council of the land or any land to be provided as compensation for the expropriation; or

  • (b) fix compensation for improvements to the Tetlit Gwich’in Yukon land in an amount that, together with all other compensation for improvements provided to Tetlit Gwich’in and 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:Transfer of land

  (5) Where land within the primary use area described in Annex A of the Transboundary Agreement is to be transferred, pursuant to an order of the Board or as a result of negotiation, to the Gwich’in Tribal Council as compensation for the expropriation of Tetlit Gwich’in Yukon land, the land shall, on transfer, become Tetlit Gwich’in Yukon land.

Marginal note:Inconsistency between final agreement and Act

• 4. (1) Where there is any inconsistency or conflict between a final agreement and this Act, the agreement prevails to the extent of the inconsistency or conflict.

• Marginal note:Inconsistency between Transboundary Agreement and Act

  (2) Where there is any inconsistency or conflict between the Transboundary Agreement and this Act, the Agreement prevails to the extent of the inconsistency or conflict.