GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Yukon Surface Rights Board Act — Y-4.3 4
Inconsistency between final agreement and Act 4 (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. 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.
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Inconsistency between order and Act or document 5 (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. 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
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Application of Parts I and IV 6 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.
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Binding on Her Majesty 7 This Act is binding on Her Majesty in right of Canada or a province.
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Establishment 8 (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. 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.
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Appointment of Chairperson 9 (1) The Chairperson shall be appointed on the recommendation of the Board. 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.
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Residency qualification 10 (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. 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. 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). 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
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Term of office 11 (1) Subject to subsection (2), a member shall be appointed to hold office for a term of three years. 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. 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. 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
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Vacancy 12 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.
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Reappointment 13 A member is eligible to be reappointed to the Board in any capacity.
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Duties of Chairperson 14 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.
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Remuneration 15 (1) Each member shall be paid such fees or other remuneration as the Treasury Board may fix. 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. 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)
Yukon Surface Rights Board Act — Y-4.3 15.1
Acts done in good faith 15.1 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
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Head office 16 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.
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Business meetings 17 (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. 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.
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By-laws 18 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
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Staff 19 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.
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Government facilities and information 20 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.
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Property and contracts 21 (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. 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.
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Not an agent 22 The Board is not an agent of Her Majesty in right of Canada.
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Annual budget 23 (1) The Board shall annually submit a budget for the next following fiscal year to the Minister for consideration. 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. 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. 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. 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
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Special reports 24 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.
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Annual report 25 (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. Publication (2) The Board shall publish the annual report.
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Negotiations 26 (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. 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. 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.
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Informal and expeditious 27 An application before the Board shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit.
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General powers of Board 28 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.
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Parties to a hearing 29 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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Hearing in absence of party 30 The Board may not hear an application in the absence of any party unless that party consents to the holding of the hearing in their absence or notice of the hearing was given to that party in accordance with the rules of the Board or, in the absence of rules respecting the giving of such notice, in a manner satisfactory to the Board.
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Location of hearing — settlement land 31 (1) An application in respect of settlement land shall be heard in the traditional territory of the Yukon first nation whose settlement land is involved, unless the parties agree otherwise. Location of hearing — non-settlement land (2) An application in respect of non-settlement land shall be heard in the community in Canada closest to the land, whether within or outside the Yukon Territory, unless the parties agree otherwise.
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Panels 32 (1) An application to the Board shall be heard and decided by a panel consisting of three members of the Board. Nomination by Council (2) At least one member of any panel hearing an application in respect of settlement land must be a member nominated by the Council for Yukon Indians. Single member (3) Notwithstanding subsections (1) and (2), an application may, with the consent of the parties, be heard and decided by a panel consisting of one member of the Board, whether or not nominated by the Council for Yukon Indians.
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Assignment of members 33 (1) Members shall be assigned to panels in accordance with the by-laws of the Board or, in the absence of by-laws respecting the assignment of members to panels, by the Chairperson. Conflict of interest (2) A member shall not be assigned to, or continue on, a panel if doing so would place the member in a material conflict of interest.
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Powers, duties and functions of panel 34 (1) A panel has all of the powers, and shall perform all of the duties and functions, of the Board in relation to an application before the panel. Status of order of panel (2) An order made by a panel is an order of the Board.
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Continuation of hearing 35 (1) Where a member of a panel dies, resigns or for any other reason is absent during all or part of a hearing, the remaining member or members may, with the consent of the parties, continue the hearing. Disposition of application (2) A member of a panel who is not present during the entire hearing of an application may not participate in the disposition of the application.
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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.
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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.
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Records 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.
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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). 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.
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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)
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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. Exception (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. 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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Access order 42 (1) Subject to subsection (2), on application by a person who has a right of access described in section 1 of Schedule II, the Board shall make an access order establishing terms and conditions for the exercise of the right. Restriction (2) The Board shall not make an access order in respect of a right of access described in any of paragraphs 1(a) to (d), (f), (g), (i) and (k) of Schedule II unless the applicant satisfies the Board that the applicant reasonably requires access and that access across Crown land is not practicable and reasonable.
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 nuisance, including that caused by noise, or inconvenience or any damage to the land that may be caused by the applicant in exercising the right of access; (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, including monitoring and inspection expenses; (h) any impact on other settlement land of the Yukon first nation; and (i) any compensation paid or payable to the same person by or pursuant to another authority for the exercise of the right of access or for any damages resulting from that exercise. Compensation factors (8) 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. Payment (9) The Board may require compensation 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.
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Restriction for military manoeuvres 44 Notwithstanding subsection 43(1), terms and conditions that the Board may include in an access order made under subsection 42(1) in respect of the exercise of a right of access described in paragraph 1(e) of Schedule II shall be restricted to contact persons, areas, timing, environmental protection, protection of wildlife and habitat, land use rent and compensation for damage caused to the settlement land and any improvements and personal property on the land.
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Interim access order 45 (1) Pending the final determination of an application for an access order, the Board may make an interim access order. Final access hearing (2) The Board shall, within thirty days after making an interim access order, commence a hearing to finally determine the matter.
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Payment before exercise of right 46 Subject to subsection 43(5) and section 44, no person may exercise the right of access under an interim access order made under subsection 45(1) until the entry fee and any compensation provided for by the interim access order is paid, as allocated by the Board, to the Yukon first nation and any affected interest holder designated by the Board.
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Order for additional terms and conditions 47 On application made by a Yukon first nation that does not reach an agreement with the Minister in respect of terms and conditions for the exercise by any person, on the settlement land of the Yukon first nation, of a right of access described in section 2 of Schedule II that are additional to any applicable terms and conditions described in subsections 2(2) to (6) of that Schedule, the Board shall (a) make an order establishing terms and conditions that specify seasons, times, locations, methods of access or manner of access; or (b) dismiss the application.