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

Act current to 2021-04-20 and last amended on 2019-08-28. Previous Versions

PART IYukon Surface Rights Board (continued)

Establishment and Organization of Board (continued)

Marginal note:Duties of Chairperson

 The Chairperson is the chief executive officer of the Board and has such powers, duties and functions as are prescribed by the by-laws of the Board.

Marginal note:Remuneration

  •  (1) Each member shall be paid such fees or other remuneration as the Treasury Board may fix.

  • Marginal note:Expenses

    (2) Each member shall be paid such travel and living expenses incurred by the member while absent from the member’s ordinary place of residence in the course of performing duties under this Act as are consistent with Treasury Board directives for public servants.

  • Marginal note:Workers compensation

    (3) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulation made pursuant to section 9 of the Aeronautics Act.

  • 1994, c. 43, s. 15
  • 2003, c. 22, s. 224(E)

Marginal note:Acts done in good faith

 No action lies against a member or an employee of the Board for anything done or omitted to be done in good faith in the performance, or purported performance, of any function under this Act.

  • 2013, c. 14, s. 14

Head Office and Meetings

Marginal note:Head office

 The head office of the Board shall be at Whitehorse or at such other place in the Yukon Territory as the Governor in Council may designate.

Marginal note:Business meetings

  •  (1) The meetings of the Board shall be held at such times and at such places in the Yukon Territory as the Board considers necessary or desirable for the proper conduct of its business.

  • Marginal note:Participation by telephone

    (2) Subject to the by-laws of the Board, any member may participate in a business meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Act to be present at that meeting.

By-laws

Marginal note:By-laws

 The Board may make by-laws

  • (a) specifying grounds for removal of members in addition to the grounds for removal for cause generally recognized by law;

  • (b) respecting the assignment of members to panels of the Board;

  • (b.1) in the case of a member whose term has expired, respecting the member’s ability to continue to perform their functions in relation to a matter for which a hearing is held; and

  • (c) generally, respecting the conduct and management of the internal administrative affairs of the Board.

  • 1994, c. 43, s. 18
  • 2013, c. 14, s. 15

General Powers

Marginal note:Staff

 The Board may employ such officers and employees and engage the services of such agents, advisors and consultants as are necessary for the proper conduct of its business and may fix the terms and conditions of their employment or engagement and pay their remuneration.

Marginal note:Government facilities and information

 In exercising its powers or performing its duties or functions under this or any other Act of Parliament, the Board may, where appropriate, use the services and facilities of departments, boards and agencies of a Government and may obtain from any such department, board or agency, any information that is required to exercise those powers or perform those duties or functions.

Marginal note:Property and contracts

  •  (1) The Board may, for the purposes of conducting its business,

    • (a) acquire personal property in the name of the Board and dispose of the property; and

    • (b) enter into contracts in the name of the Board.

  • Marginal note:Legal proceedings

    (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Board may be brought or taken by or against the Board in any court that would have jurisdiction if the Board were a corporation.

Status

Marginal note:Not an agent

 The Board is not an agent of Her Majesty in right of Canada.

Financial Provisions

Marginal note:Annual budget

  •  (1) The Board shall annually submit a budget for the next following fiscal year to the Minister for consideration.

  • Marginal note:Funding for training and language

    (2) The Board shall consider including in its annual budget funding to allow the Board to provide the members of the Board with cross-cultural orientation and education and other training for the purpose of improving the ability of the members to carry out their responsibilities as members as well as funding for facilities to allow members to carry out their responsibilities in their traditional languages.

  • Marginal note:Accounts

    (3) The Board shall maintain books of account and records in relation thereto in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor.

  • Marginal note:Consolidated financial statements

    (4) The Board shall, within such time after the end of each fiscal year as the Minister specifies, prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (3) and shall include in them such information or statements as are required in support of the consolidated financial statements.

  • Marginal note:Audit

    (5) The auditor of the Board shall audit the accounts, financial statements and financial transactions of the Board annually and shall make a report of the audit to the Board and to the Minister.

  • 1994, c. 43, s. 23
  • 2012, c. 19, s. 185
  • 2013, c. 14, s. 16
  • 2017, c. 26, s. 62

Reports

Marginal note:Special reports

 On request of the Minister, the Board shall report to the Minister on

  • (a) the operations of the Board;

  • (b) the number of applications made to the Board;

  • (c) the orders made by the Board; or

  • (d) such other matters as the Minister may specify.

Marginal note:Annual report

  •  (1) The Board shall, within three months after the end of each fiscal year, submit to the Minister a report on the activities of the Board in that year.

  • Marginal note:Publication

    (2) The Board shall publish the annual report.

Jurisdiction of the Board

Marginal note:Negotiations

  •  (1) No person may apply to the Board for an order unless the person has attempted to resolve the matter in dispute by negotiation in accordance with the rules made under paragraph 39(1)(a) or, until such rules have been made, in a manner satisfactory to the Board.

  • Marginal note:Resolved matters

    (2) The Board may not hear or make an order in respect of any matter that was resolved by negotiation unless the parties consent thereto or it appears that there has been a material change in the facts or circumstances that formed the basis of the negotiated resolution.

  • Marginal note:Matters not raised

    (3) The Board may not make an order in respect of a matter that is not raised by any of the parties.

Applications and Hearings

Marginal note:Informal and expeditious

 An application before the Board shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit.

Marginal note:General powers of Board

 The Board has, with respect to the attendance and examination of witnesses, the production and inspection of documents and all other matters necessary or proper in relation to applications before the Board, all the powers, rights and privileges of a superior court.

Marginal note:Parties to a hearing

 The following are parties to a hearing before the Board:

  • (a) the applicant and any other person who may apply for an order in respect of which the hearing is held;

  • (b) where settlement land is in issue, the Yukon first nation and any affected interest holder;

  • (c) in the case of an application for an order under section 47, the Minister and Territorial Minister;

  • (d) in the case of an application for an order under section 55 where Ministers are notified under paragraph 57(2)(a), the Ministers;

  • (e) in the case of an application for an order under section 60, the Government for whose benefit the reservation was made; and

  • (f) in the case of an application under section 65 in relation to a mineral right granted under the Yukon Placer Mining Act or the Yukon Quartz Mining Act, the mining recorder.

 
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