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.
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.
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.
(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.
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