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

Act current to 2021-09-11 and last amended on 2019-08-28. Previous Versions

Interpretation (continued)

Tetlit Gwich’in Yukon Land

Marginal note:Application to Tetlit Gwich’in Yukon land

  •  (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.

Inconsistencies

Marginal note:Inconsistency between final agreement and Act

  •  (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.

Marginal note:Inconsistency between order and Act or document

  •  (1) Where there is any inconsistency or conflict between an order of the Board respecting access and a requirement imposed by or under any Act, or a licence, permit or other document made or issued under such an Act, that regulates the activity for which the access is obtained, the Act or document prevails to the extent of the inconsistency or conflict.

  • Marginal note:Decision under Yukon Environmental and Socio-economic Assessment Act

    (2) The following prevail over an order of the Board respecting access, to the extent of any inconsistency or conflict between them:

    • (a) a decision document issued under section 75, 76 or 77 of the Yukon Environmental and Socio-economic Assessment Act by a federal agency that the federal agency is required to implement under subsection 82(2) of that Act;

    • (b) a decision document that is issued under those sections by the territorial minister, to the extent that a territorial agency or municipal government is required to implement it under subsection 83(2) of that Act; and

    • (c) a decision document that is issued under those sections by a first nation, to the extent that the first nation is required to implement it under subsections 84(2) and (3) of that Act.

  • 1994, c. 43, s. 5
  • 2003, c. 7, s. 131

Application

Marginal note:Application of Parts I and IV

 For greater certainty, Parts I and IV apply where the Board exercises a power or performs a duty or function conferred or imposed on it by or under any other Act of Parliament.

Her Majesty

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

PART IYukon Surface Rights Board

Establishment and Organization of Board

Marginal note:Establishment

  •  (1) There is hereby established a board, to be called the Yukon Surface Rights Board, consisting of a Chairperson and not less than two or more than ten other members to be appointed by the Minister.

  • Marginal note:Odd number

    (2) The Minister shall make such appointments as are necessary to ensure that an odd number of members holds office at any time.

Marginal note:Appointment of Chairperson

  •  (1) The Chairperson shall be appointed on the recommendation of the Board.

  • Marginal note:Appointment of other members

    (2) Half of the members, other than the Chairperson, shall be appointed on the nomination of the Council for Yukon Indians.

Marginal note:Residency qualification

  •  (1) A majority of the members appointed on the nomination of the Council for Yukon Indians and a majority of the other members must be resident in the Yukon Territory.

  • Marginal note:Effect of ceasing to be resident

    (2) If the Minister determines that a member ceases to be resident in the Yukon Territory and that the condition imposed by subsection (1) is not satisfied, the appointment of the member is terminated as of the date the member receives written notification from the Minister that the determination has been made.

  • Marginal note:Acting after termination of appointment

    (2.1) If the appointment of a member is terminated under subsection (2) before they have made a decision in a matter for which a hearing is held, they may, with the consent of the parties to the hearing, continue to perform their duties and functions as a member only in relation to that matter until the hearing is concluded and a decision is made. For the purpose of the appointment of a replacement, their office is deemed to be vacant as soon as their appointment is terminated under subsection (2).

  • Marginal note:No disqualification

    (3) No person is disqualified from being appointed or continuing as a member of the Board or of a panel of the Board by reason only of being a Yukon Indian person or having an interest in land in the Yukon Territory.

  • 1994, c. 43, s. 10
  • 2013, c. 14, s. 12

Marginal note:Term of office

  •  (1) Subject to subsection (2), a member shall be appointed to hold office for a term of three years.

  • Marginal note:Term of first members

    (2) The first members appointed on the nomination of the Council for Yukon Indians shall be appointed for such term, not exceeding three years, as the Council may specify and the other first members shall be appointed for such term, not exceeding three years, as the Minister may determine.

  • Marginal note:Acting after expiry of term

    (2.1) If the term of a member expires before they have made a decision in a matter for which a hearing is held, they may, in accordance with the Board’s by-laws or, in the absence of an applicable provision in the by-laws, the direction of the Chairperson, continue to perform their duties and functions as a member only in relation to that matter until the hearing is concluded and a decision is made. For the purpose of the appointment of a replacement, their office is deemed to be vacant as soon as their term expires.

  • Marginal note:Tenure

    (3) A member holds office during good behaviour, but may be removed by the Minister for cause or for a ground set out in the by-laws of the Board made pursuant to paragraph 18(a).

  • 1994, c. 43, s. 11
  • 2013, c. 14, s. 13

Marginal note:Vacancy

 If the office of a member becomes vacant during the term of the member, the Minister may, on the conditions under section 9 on which that member was appointed, appoint a person to that office for the remainder of the term.

Marginal note:Reappointment

 A member is eligible to be reappointed to the Board in any capacity.

 
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