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

Review of Orders

Marginal note:Findings of fact

74 Subject to sections 75 to 77, a determination of the Board on any question of fact within its jurisdiction is final and binding.

Marginal note:Review by Board

• 75 (1) Subject to subsection (2), the Board may, on application made by any person who was a party to the hearing held in respect of the order or any successor to such a party referred to in section 72, review any of its orders, including an order made under this section, where it appears that there has been a material change in the facts or circumstances relating to the order and shall

  • (a) where it determines that there has been a material change in the facts or circumstances relating to the order that would justify the amendment applied for,

    • (i) if the effects on the settlement land or on the Yukon first nation that owns the land that would be caused as a result of the amendment are significantly detrimental, revoke that order and make a new order accordingly, or

    • (ii) in any other case, amend the order accordingly; or

  • (b) in any other case, dismiss the application.

• Marginal note:Exception

  (2) The Board may not review under this section an order made under section 55, 60, 63 or 65.

Marginal note:Application for judicial review

• 76 (1) Notwithstanding section 18 of the Federal Courts Act, the Federal Court has concurrent original jurisdiction in respect of relief referred to in paragraph 18(1)(b) of that Act, and the Attorney General of Canada, the Territorial Minister or anyone directly affected by the matter in respect of which relief is sought may make an application for judicial review to the Supreme Court of the Yukon Territory for any relief that the applicant could otherwise obtain in respect of the Board by way of an application for an order of or in the nature of mandamus, prohibition or certiorari or by way of an action for a declaration or an injunction.

• Marginal note:Limitation period

  (2) An application for judicial review in respect of a decision or order of the Board must be made within thirty days after the day on which the decision or order was first communicated to the office of the Deputy Attorney General of Canada, the Territorial Minister or the party directly affected by the order, or within such further period as a judge of the Supreme Court may, either before or after the end of those thirty days, fix.

• Marginal note:Powers of Court

  (3) On an application for judicial review, the Supreme Court may

  • (a) order the Board to do any act or thing that it has unlawfully failed or refused to do or has unreasonably delayed in doing; or

  • (b) prohibit, restrain, declare invalid or unlawful, quash, set aside or set aside and refer back for determination in accordance with such directions as it considers appropriate, any decision, order, act or proceeding of the Board.

• Marginal note:Grounds for review

  (4) The Supreme Court may grant relief if it is satisfied that the Board

  • (a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;

  • (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;

  • (c) erred in law in making a decision or order, whether or not the error appears on the face of the record;

  • (d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;

  • (e) acted, or failed to act, by reason of fraud or perjured evidence; or

  • (f) acted in any other way that was contrary to law.

• Marginal note:Technical irregularity

  (5) The Supreme Court may refuse any application for judicial review founded solely on a defect in form or other technical irregularity if it finds that no substantial wrong or miscarriage of justice has occurred and, if the technical irregularity was in a decision or order, it may make an order validating the decision or order, effective from such time and on such terms as it considers appropriate.

• Marginal note:Interim orders

  (6) On an application for judicial review, the Supreme Court may make such interim orders as it considers appropriate pending final disposition of the application.

Marginal note:Constitutional questions

• 77 (1) Where the constitutional validity, application or operation of an Act of Parliament or an ordinance of the Yukon Territory, or of a regulation thereunder, is in question before the Supreme Court of the Yukon Territory or the Board in a proceeding under this Act, the Act, ordinance or regulation shall not be adjudged to be invalid, inapplicable or inoperable unless notice has been served on the Attorney General of Canada and the Territorial Minister.

• Marginal note:Time of notice

  (2) Except where otherwise ordered by the Supreme Court or Board, the notice shall be served at least ten days before the day on which the constitutional question is to be argued.

• Marginal note:Notice of appeal or application for judicial review

  (3) The Attorney General of Canada and the Territorial Minister are entitled to notice of any appeal or application for judicial review made in respect of the constitutional question.

• Marginal note:Evidence

  (4) The Attorney General of Canada and the Territorial Minister are entitled to adduce evidence and make submissions to the Supreme Court or Board in respect of the constitutional question and, where either Minister makes submissions, that Minister shall be deemed to be a party to the proceedings for the purposes of any appeal in respect of the question.

Regulations and Orders

Marginal note:Regulations

78 The Governor in Council may make regulations

• (a) prescribing what constitutes a material conflict of interest for the purposes of subsection 33(2);

• (b) respecting the maintenance of public records by the Board;

• (c) respecting the amount of security that may be required to be given under a term or condition of an order of the Board made under this Act;

• (d) setting out parameters, in addition to those mentioned in this Act, respecting the entry fee that may be provided for by the Board in an access order made under subsection 42(1);

• (e) prescribing, for the purposes of subsections 43(9), 56(4) and 61(4), a rate of interest or rules for determining the rate of interest that may be payable on compensation payments;

• (f) identifying, for the purposes of section 65, any provision of a law of the Legislature of Yukon that confers a right of access for purposes of the exercise of a mineral right;

• (f.1) [Repealed, 2002, c. 7, s. 271]

• (g) authorizing the Board to exercise the additional powers or perform the additional duties or functions specified in a final agreement in relation to any particular parcel of settlement land; and

• (h) generally for carrying the purposes and provisions of this Act into effect.

Marginal note:Amendment of Schedule I

79 The Governor in Council may, by order, amend Schedule I

• (a) by adding to Part I any land claims agreement that is approved, given effect to and declared valid by order made pursuant to the Yukon First Nations Land Claims Settlement Act; or

• (b) by adding to Part II any self-government agreement that is brought into effect by order made pursuant to the Yukon First Nations Self-Government Act.

PART VRelated Amendments and Coming into Force

Related Amendments

80 to 102 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote ^*103 This Act comes into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force February 14, 1995, see SI/95-19.]