Radiocommunication Act — R-2 7
Possession by Her Majesty 7 (1) Her Majesty may assume and, for any length of time, retain possession of any radio station and all things necessary to the sufficient working of it and may, for the same time, require the exclusive service of the operators and other persons employed in working the station. Control by Government (2) The person who owns or controls the station of which possession is assumed pursuant to subsection (1) shall give up possession of it and the operators and other persons employed as described in that subsection shall, during the time of possession thereunder, diligently and faithfully obey such orders, and transmit and receive such signals, calls and radiograms, as they are required to receive and transmit by any duly authorized officer of the Government of Canada. Compensation (3) Where the Minister and the person who owns or controls any radio station taken possession of by the Crown under this section cannot agree on the compensation to be paid by the Crown for the taking of possession, the Minister shall refer the matter to the Federal Court for adjudication and the Expropriation Act is, with such modifications as the circumstances require, applicable for the purpose of determining the amount of the compensation, if any, and the amount of any judgment on proceedings instituted under this subsection is payable out of the Consolidated Revenue Fund. Exception (4) Notwithstanding subsection (3), any dispute as to the compensation to be paid for the taking of possession of a radio station on settlement land as defined in section 2 of the Yukon Surface Rights Board Act or on Tetlit Gwich’in Yukon land may be heard and determined only by the Yukon Surface Rights Board under and in accordance with that Act. Settlement land (5) If the Yukon first nation concerned does not consent thereto, no interest in settlement land as defined in section 2 of the Yukon Surface Rights Board Act may be taken possession of under this section without the consent of the Governor in Council. Tetlit Gwich’in Yukon land (6) If the Gwich’in Tribal Council does not consent thereto, no interest in Tetlit Gwich’in Yukon land may be taken possession of under this section without the consent of the Governor in Council. Notice of intention (7) Where an interest in land referred to in subsection (5) or (6) is to be taken possession of without the consent of the Yukon first nation or Gwich’in Tribal Council, as the case may be, (a) a public hearing in respect of the location and extent of the land to be taken possession of or occupied shall be held in accordance with the following procedure: (i) notice of the time and place for the public hearing shall be given to the Yukon first nation or Gwich’in Tribal Council and the public, (ii) at the time and place fixed for the public hearing, an opportunity shall be provided for the Yukon first nation or Gwich’in Tribal Council and the public to be heard, (iii) costs incurred by any party in relation to the hearing are in the discretion of the person or body holding the hearing and may be awarded on or before the final disposition of the issue, and (iv) a report on the hearing shall be prepared and submitted to the Minister; and (b) notice of intention to obtain the consent of the Governor in Council shall be given to the Yukon first nation or Gwich’in Tribal Council on completion of the public hearing and submission of a report thereon to the Minister. Definition of “Tetlit Gwich’in Yukon land” (8) In this section, Tetlit Gwich’in Yukon land means land as described in Annex B, as amended from time to time, to Appendix C of the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, that was approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act . R.S., 1985, c. R-2, s. 10; 1989, c. 17, s. 5; 1994, c. 43, s. 92