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

Act current to 2013-05-26 and last amended on 2012-06-29. Previous Versions

Marginal note:Information made available

36. Before disposing of an application, the Board shall make any information that it intends to use in the disposition available to the parties and provide them a reasonable opportunity to respond to the information.

Marginal note:References to Supreme Court

37. The Board may, at any stage of its proceedings, refer any question or issue of law or of jurisdiction, other than a question or issue that has been referred to arbitration pursuant to a final agreement or the Transboundary Agreement, to the Supreme Court of the Yukon Territory.

Records

Marginal note:Records

38. The Board shall

  • (a) keep a public record of all applications made to the Board and orders and other decisions made by the Board in respect of applications;

  • (b) issue, on request and payment of such fee as the Board may fix, certified copies of any order or other decision, rule or by-law made by the Board; and

  • (c) have the custody and care of all documents filed with the Board.

Rules

Marginal note:Negotiation and entry fee

  • 39. (1) The Board shall make rules

    • (a) establishing procedures to be followed in the conduct of negotiations for the purposes of section 26, either generally or with respect to any particular application or class of applications; and

    • (b) establishing the amount of the entry fee that may be provided for by the Board in an access order made under subsection 42(1).

  • Marginal note:Parameter of entry fee

    (2) In making a rule pursuant to paragraph (1)(b), the Board shall not establish more than one amount in respect of the entry fee, to be applicable in all cases.

Marginal note:Procedures, mediation and costs

40. The Board may make rules

  • (a) respecting the practice and procedure in relation to applications to and hearings before the Board, including the service of documents and the imposition of reasonable time limits;

  • (b) establishing procedures that may be followed in the mediation of matters in dispute; and

  • (c) respecting the allowance of costs, including rules

    • (i) establishing a schedule of fees and other expenses incurred by a party in relation to applications to or hearings before the Board that may be allowed as part of that party’s costs under section 68, and

    • (ii) respecting the circumstances under which the Board may allow costs with respect to matters dealt with in the schedule of fees and other expenses on a basis other than that established by the schedule.

  • 1994, c. 43, s. 40;
  • 1998, c. 5, s. 15(F).
Marginal note:Publication of proposed rules

  • 41. (1) At least thirty days before making a rule, the Board shall give notice of the proposed rule in the Canada Gazette and in a periodical that, in the opinion of the Board, has a large circulation in the Yukon and shall, in the notice, invite interested persons to make representations in writing to it with respect to the rule within thirty days after publication.

  • Marginal note:Exception

    (2) Notice of a proposed rule need not be published more than once pursuant to subsection (1), whether or not the rule is amended after the publication as a result of representations made to the Board, but the rules shall be published in the Canada Gazette immediately after they are made.

  • Marginal note:Non-application of Statutory Instruments Act

    (3) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of the rules of the Board.