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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 IISettlement Lands (continued)

Expropriation (continued)

Marginal note:Order in respect of an expropriation

 On application by an authority or a Yukon first nation, the Board shall make an order fixing the compensation to be provided for the expropriation of settlement land by the authority, other than an expropriation under the Canadian Energy Regulator Act.

  • 1994, c. 43, s. 55
  • 2019, c. 28, s. 163

Marginal note:Compensation

  •  (1) In determining the amount of compensation, the Board may consider such factors as it deems appropriate and, without limiting the generality of the foregoing, shall consider

    • (a) the market value of the settlement land;

    • (b) any loss of, or interference with, the use of the land and any loss of opportunity in connection therewith;

    • (c) any impact on the fish and wildlife, and their habitat, on the land;

    • (d) in all cases, any impact on fish and wildlife harvesting on the land and, in the case of Tetlit Gwich’in Yukon land described in Annex B of the Transboundary Agreement, on the gathering of plants on the land;

    • (e) any nuisance, including that caused by noise, or inconvenience or any damage to the land that may be caused as a result of the expropriation;

    • (f) any cultural or other special value of the land to the Yukon first nation;

    • (g) any expenses associated with the implementation of the order; and

    • (h) any impact on other settlement land of the Yukon first nation.

  • Marginal note:Compensation

    (2) The Board shall not

    • (a) decrease the amount of compensation on account of any reversionary interest remaining in the Yukon first nation or of any entry fee payable; or

    • (b) increase the amount of compensation on account of any aboriginal claim, right, title or interest or of the value of mines and minerals on or under category B settlement land or fee simple settlement land.

  • Marginal note:Form of compensation

    (3) The compensation may be in any form or combination of forms, including money and, if requested by the Yukon first nation, land of the authority within the traditional territory of the Yukon first nation if the land is identified by the Yukon first nation and is available.

  • Marginal note:Payment

    (4) The Board may require compensation in the form of money to be paid by one lump sum payment or by periodic payments of equal or different amounts and may require the payment of interest, at a rate to be determined in accordance with the regulations, on compensation payments made after the day on which they are required to be made.

Marginal note:Land compensation

  •  (1) If a Yukon first nation requests land as all or part of the compensation, the Board shall

    • (a) determine whether the authority holds the land identified by the Yukon first nation and, if so, whether the land is within the traditional territory of the Yukon first nation and is available;

    • (b) determine the value of the land that is available; and

    • (c) order the authority to transfer to the Yukon first nation the amount of the available land that is necessary to provide the compensation in land.

  • Marginal note:Crown land

    (2) If the authority is not the Government and the Board determines that sufficient land is not available for the purposes of subsection (1), the Board shall

    • (a) notify the Minister and Territorial Minister to that effect;

    • (b) determine whether either Government holds land contiguous to the settlement land concerned and, if so, whether the land is within the traditional territory of the Yukon first nation and is available;

    • (c) determine the value of the land that is available; and

    • (d) order the Government to transfer to the Yukon first nation the amount of the available land that, together with any land transferred pursuant to an order under paragraph (1)(c), is necessary to provide the compensation in land.

  • Marginal note:Balance of compensation

    (3) If the land transferred pursuant to orders under paragraphs (1)(c) and (2)(d) is not sufficient to provide the compensation in land, the Board shall order the authority to provide the balance of the compensation in any other form or combination of forms.

  • Marginal note:Factors

    (4) In determining the value of land that is to be transferred to the Yukon first nation, the Board may consider such factors as it deems appropriate and, without limiting the generality of the foregoing, shall consider

    • (a) the market value of the land;

    • (b) the value of fish and wildlife harvesting and of the gathering of plants on the land to the Yukon first nation;

    • (c) any potential effect of the transfer of the land on settlement land of the Yukon first nation; and

    • (d) any cultural or other special value of the land to the Yukon first nation.

  • Marginal note:When land not available

    (5) For the purposes of this section, land is not available if it is

    • (a) land that is subject to a lease or an agreement for sale, unless the Government and the holder of the interest consent to the land being available;

    • (b) land that is determined by the Board to be occupied or used, or required for future use, by the authority, any department or agency of a Government or any municipal government, unless the authority, department, agency or government consents to the land being available;

    • (c) land that is within thirty metres of the boundary line between the Yukon Territory and Alaska, British Columbia or the Northwest Territories;

    • (d) land the provision of which to a Yukon first nation would, in the determination of the Board, unreasonably limit the expansion of any community or the access by any person to navigable waters or highways;

    • (e) a highway or highway right-of-way; or

    • (f) any other land that is determined by the Board not to be available.

Marginal note:Definitions

  •  (1) In this section,

    identified site

    identified site means a site for a hydro-electric or water storage facility on settlement land that is identified on the map of that settlement land annexed to the final agreement of a Yukon first nation; (emplacement déterminé)

    unidentified site

    unidentified site means a site for a hydro-electric or water storage facility on settlement land that is not an identified site. (emplacement indéterminé)

  • Marginal note:Compensation for identified site

    (2) In making an order under section 55 in respect of the expropriation of settlement land for the construction, maintenance and operation of a hydro-electric or water storage facility at an identified site, the Board shall not

    • (a) fix compensation for anything other than improvements to the settlement land; or

    • (b) fix compensation in an amount that, together with all other compensation provided to 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:Compensation for unidentified sites

    (3) In making an order under section 55 in respect of the expropriation of settlement land for the construction, maintenance and operation of a hydro-electric or water storage facility at an unidentified site, the Board shall not

    • (a) take into consideration the cultural or other special value to the Yukon first nation of the land or any land to be provided as compensation for the expropriation; or

    • (b) fix compensation for improvements to the settlement land in an amount that, together with all other compensation for improvements provided to 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.

Reservations

Marginal note:Definitions

 In this section and sections 60 to 62,

land

land includes any interest in land recognized by law; (terre)

reservation

reservation means

  • (a) a reservation made in the land records of the Northern Affairs Program of the Department of Indigenous Services, or

  • (b) in the case of land under the administration and control of the Commissioner of the Yukon Territory, a reservation or notation made in the land records of the Lands Branch of the Department of Community and Transportation Services of the Government of the Yukon Territory. (réserve)

  • 1994, c. 43, s. 59
  • 2019, c. 29, s. 372
 
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