GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Yukon Surface Rights Board Act — Y-4.3 67
Conditional orders 67 The Board may in any order direct that the order or any provision of the order come into force at a future time or on the happening of a specified contingency, event or condition or on the performance to the satisfaction of the Board, or a named person, of any terms that the Board may impose on any interested party, and the Board may direct that the order or any part of the order has force for a limited time or until the happening of a specified contingency, event or condition.
Yukon Surface Rights Board Act — Y-4.3 68
Costs 68 The costs relating to an application to or a hearing before the Board that are incurred by the parties are in the discretion of the Board and the Board may, by order, award such costs on or before the final disposition of the application.
Yukon Surface Rights Board Act — Y-4.3 69
Reasons for decisions 69 The Board shall give written reasons for every decision that it makes in relation to an application.
Yukon Surface Rights Board Act — Y-4.3 70
Copies 70 As soon as practicable after making a decision in relation to an application, the Board shall give copies of the decision and the reasons for it to the parties.
Yukon Surface Rights Board Act — Y-4.3 71
Proof of orders 71 A document purporting to be an order of the Board, or to be certified by the Chairperson of the Board or any other person authorized by the by-laws as a true copy of such an order, is evidence of the making of the order and of its contents, without proof of the signature or official character of the person appearing to have signed the order or certified the copy.
Yukon Surface Rights Board Act — Y-4.3 72
Order binding on successor 72 An order of the Board is binding on and the rights thereunder extend to any person who subsequently acquires the ownership of or other interest or right in the land to which the order relates and, in the case of an access order, the right of access and the right for which the right of access was acquired.
Yukon Surface Rights Board Act — Y-4.3 73
Enforcement of orders 73 An order of the Board may be made an order of the Supreme Court of the Yukon Territory by filing a certified copy of the order with the registrar of the Court and, when so made, the order is enforceable in the same manner as an order of that Court.
Yukon Surface Rights Board Act — Y-4.3 74
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.
Yukon Surface Rights Board Act — Y-4.3 75
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. Exception (2) The Board may not review under this section an order made under section 55, 60, 63 or 65. 1994, c. 43, s. 75; 1998, c. 5, s. 17(F)
Yukon Surface Rights Board Act — Y-4.3 76
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. 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. 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. 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. 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. 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. 1994, c. 43, s. 76; 2002, c. 8, s. 181, c. 10, ss. 192(F), 202(F)
Yukon Surface Rights Board Act — Y-4.3 77
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. 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. 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. 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.
Yukon Surface Rights Board Act — Y-4.3 78
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. 1994, c. 43, s. 78; 1998, c. 5, s. 18; 2002, c. 7, s. 271
Yukon Surface Rights Board Act — Y-4.3 79
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 .
Yukon Surface Rights Board Act — Y-4.3 Coming into force
Coming into force * 103 This Act comes into force on a day to be fixed by order of the Governor in Council. * [Note: Act in force February 14, 1995, see SI/95-19.]
Yukon Surface Rights Board Act — Y-4.3 1
1 The land claims agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of the Yukon Territory as represented by the Government Leader of the Yukon, and the Champagne and Aishihik First Nations as represented by the Chief of the Champagne and Aishihik First Nations, signed on May 29, 1993.
Yukon Surface Rights Board Act — Y-4.3 2
2 The land claims agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of the Yukon Territory as represented by the Government Leader of the Yukon, and the First Nation of Nacho Nyak Dun as represented by the Chief of the First Nation of Nacho Nyak Dun, signed on May 29, 1993.
Yukon Surface Rights Board Act — Y-4.3 3
3 The land claims agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of the Yukon Territory as represented by the Government Leader of the Yukon, and the Teslin Tlingit Council as represented by the Teslin Tlingit General Council, signed on May 29, 1993.
Yukon Surface Rights Board Act — Y-4.3 4
4 The land claims agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of the Yukon Territory as represented by the Government Leader of the Yukon, and the Vuntut Gwitchin First Nation as represented by the Chief of the Vuntut Gwitchin First Nation, signed on May 29, 1993.
Yukon Surface Rights Board Act — Y-4.3 5
5 The land claims agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of the Yukon Territory as represented by the Government Leader of the Yukon, and the Little Salmon/Carmacks First Nation as represented by the Chief of the Little Salmon/Carmacks First Nation, signed on July 21, 1997.
Yukon Surface Rights Board Act — Y-4.3 6
6 The land claims agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of the Yukon Territory as represented by the Government Leader of the Yukon, and the Selkirk First Nation as represented by the Chief of the Selkirk First Nation, signed on July 21, 1997.
Yukon Surface Rights Board Act — Y-4.3 7
7 The land claims agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of the Yukon Territory as represented by the Government Leader of the Yukon, and the Tr’ondëk Hwëch’in as represented by the Chief of the Tr’ondëk Hwëch’in, signed July 16, 1998.
Yukon Surface Rights Board Act — Y-4.3 8
8 The land claims agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of the Yukon Territory as represented by the Government Leader of the Yukon, and the Ta’an Kwach’an Council as represented by the Chief of the Ta’an Kwach’an Council, signed on January 13, 2002 and approved, given effect to and declared valid as of April 1, 2002 by Order in Council P.C. 2002-403 of March 21, 2002.
Yukon Surface Rights Board Act — Y-4.3 9
9 The land claims agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of Yukon as represented by the Government Leader of Yukon, and the Kluane First Nation as represented by the Chief of the Kluane First Nation, signed on October 18, 2003.
Yukon Surface Rights Board Act — Y-4.3 10
10 The land claims agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of Yukon as represented by the Government Leader of Yukon, and the Kwanlin Dun First Nation as represented by the Chief of the Kwanlin Dun First Nation, signed on February 19, 2005.
Yukon Surface Rights Board Act — Y-4.3 11
11 The land claims agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of Yukon as represented by the Government Leader of Yukon, and the Carcross/Tagish First Nation as represented by the Chief of the Carcross/Tagish First Nation, signed on October 22, 2005.
Yukon Surface Rights Board Act — Y-4.3 1
1 The agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of the Yukon Territory as represented by the Government Leader of the Yukon, and the Champagne and Aishihik First Nations as represented by the Chief of the Champagne and Aishihik First Nations, signed on May 29, 1993, respecting government by and for the First Nations.
Yukon Surface Rights Board Act — Y-4.3 2
2 The agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of the Yukon Territory as represented by the Government Leader of the Yukon, and the First Nation of Nacho Nyak Dun as represented by the Chief of the First Nation of Nacho Nyak Dun, signed on May 29, 1993, respecting government by and for the First Nation.
Yukon Surface Rights Board Act — Y-4.3 3
3 The agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of the Yukon Territory as represented by the Government Leader of the Yukon, and the Teslin Tlingit Council as represented by the Teslin Tlingit General Council, signed on May 29, 1993, respecting government by and for the First Nation.
Yukon Surface Rights Board Act — Y-4.3 4
4 The agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of the Yukon Territory as represented by the Government Leader of the Yukon, and the Vuntut Gwitchin First Nation as represented by the Chief of the Vuntut Gwitchin First Nation, signed on May 29, 1993, respecting government by and for the First Nation.
Yukon Surface Rights Board Act — Y-4.3 5
5 The agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of the Yukon Territory as represented by the Government Leader of the Yukon, and the Little Salmon/Carmacks First Nation as represented by the Chief of the Little Salmon/Carmacks First Nation, signed on July 21, 1997, respecting government by and for the First Nation.
Yukon Surface Rights Board Act — Y-4.3 6
6 The agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of the Yukon Territory as represented by the Government Leader of the Yukon, and the Selkirk First Nation as represented by the Chief of the Selkirk First Nation, signed on July 21, 1997, respecting government by and for the First Nation.
Yukon Surface Rights Board Act — Y-4.3 7
7 The agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of the Yukon Territory as represented by the Government Leader of the Yukon, and the Tr’ondëk Hwëch’in as represented by the Chief of the Tr’ondëk Hwëch’in, signed July 16, 1998, respecting government by and for the First Nation.
Yukon Surface Rights Board Act — Y-4.3 8
8 The agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of the Yukon Territory as represented by the Government Leader of the Yukon, and the Ta’an Kwach’an Council as represented by the Chief of the Ta’an Kwach’an Council, respecting government by and for the First Nation, signed on January 13, 2002 and brought into effect as of April 1, 2002 by Order in Council P.C. 2002-403 of March 21, 2002.
Yukon Surface Rights Board Act — Y-4.3 9
9 The agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of Yukon as represented by the Government Leader of Yukon, and the Kluane First Nation as represented by the Chief of the Kluane First Nation, signed on October 18, 2003, respecting government by and for the First Nation.
Yukon Surface Rights Board Act — Y-4.3 10
10 The agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of Yukon as represented by the Government Leader of Yukon, and the Kwanlin Dun First Nation as represented by the Chief of the Kwanlin Dun First Nation, signed on February 19, 2005, respecting government by and for the First Nation.
Yukon Surface Rights Board Act — Y-4.3 11
11 The agreement entered into between Her Majesty in right of Canada as represented by the Minister, the Government of Yukon as represented by the Government Leader of Yukon, and the Carcross/Tagish First Nation as represented by the Chief of the Carcross/Tagish First Nation, signed on October 22, 2005, respecting government by and for the First Nation.
Yukon Surface Rights Board Act — Y-4.3 (a)
(a) the right of any person to use a waterfront right-of-way on settlement land for commercial recreational purposes;
Yukon Surface Rights Board Act — Y-4.3 (b)
(b) the right of any person, other than a person having a right described in paragraph 2(1)(b), to enter, cross and make necessary stops on undeveloped settlement land in order to reach adjacent land for commercial or non-commercial purposes;
Yukon Surface Rights Board Act — Y-4.3 (c)
(c) the right of a Government or its agents or contractors to enter, cross and stay on undeveloped settlement land for a period of more than one hundred and twenty consecutive days, and to use natural resources incidental to that access, in order to deliver, manage or maintain Government programs or projects, including, without limiting the generality of the foregoing, the right to make necessary alterations of land or watercourses by earthmoving equipment for routine or emergency maintenance of transportation corridors;
Yukon Surface Rights Board Act — Y-4.3 (d)
(d) the right of any person authorized by law to provide utilities for public purposes, including electricity, telecommunications and municipal services, to enter, cross and stay on undeveloped settlement land for a period of more than one hundred and twenty consecutive days in order to carry out site investigations, assessments, surveys and studies in relation to proposed services;
Yukon Surface Rights Board Act — Y-4.3 (e)
(e) the right of the Department of National Defence to conduct military manoeuvres on undeveloped settlement land;
Yukon Surface Rights Board Act — Y-4.3 (f)
(f) the right of any person (i) having a right, under and in accordance with laws of general application, to use water incidental to the exercise of a right or interest of that person in settlement land, or (ii) holding a licence under the Yukon Waters Act or the Dominion Water Power Act for water on or flowing through settlement land, which licence existed when the land became settlement land, to use that settlement land in order to exercise that right or licence;
Yukon Surface Rights Board Act — Y-4.3 (i)
(i) having a right, under and in accordance with laws of general application, to use water incidental to the exercise of a right or interest of that person in settlement land, or (ii) holding a licence under the Yukon Waters Act or the Dominion Water Power Act for water on or flowing through settlement land, which licence existed when the land became settlement land,
Yukon Surface Rights Board Act — Y-4.3 (ii)
(ii) holding a licence under the Yukon Waters Act or the Dominion Water Power Act for water on or flowing through settlement land, which licence existed when the land became settlement land,
Yukon Surface Rights Board Act — Y-4.3
to use that settlement land in order to exercise that right or licence;
Yukon Surface Rights Board Act — Y-4.3 (g)
(g) the right of the holder of a commercial timber permit or a timber harvesting agreement to cross and make necessary stops on settlement land in order to reach adjacent land or to reach settlement land subject to that permit or agreement;
Yukon Surface Rights Board Act — Y-4.3 (h)
(h) the right of any person having an existing mineral right on settlement land, other than a person having a right described in paragraph 2(1)(g), to cross and make necessary stops on settlement land for the purpose of exercising that existing mineral right;
Yukon Surface Rights Board Act — Y-4.3 (i)
(i) the right of any person having an existing mineral right on non-settlement land, other than a person having a right described in paragraph 2(1)(g), to cross and make necessary stops on settlement land for the purpose of exercising that existing mineral right;
Yukon Surface Rights Board Act — Y-4.3 (j)
(j) the right of any person having a new mineral right on category B settlement land or fee simple settlement land, other than a person having a right described in paragraph 2(1)(h) or (i), to use, cross and make necessary stops on settlement land for the purpose of exercising that new mineral right;
Yukon Surface Rights Board Act — Y-4.3 (k)
(k) the right of any person having a new mineral right on non-settlement land, other than a person having a right described in paragraph 2(1)(h), to cross and make necessary stops on settlement land for the purpose of exercising that new mineral right; and
Yukon Surface Rights Board Act — Y-4.3 (l)
(l) the right of a Government, in relation to a right-of-way on a parcel of settlement land that is identified in Appendix A to a final agreement as a right-of-way to which a Specified Access Right applies, to significantly alter that parcel of settlement land for the purpose of maintaining the right-of-way.
Yukon Surface Rights Board Act — Y-4.3 2 (1)
came settlement land, and the exercise of the right does not result in a significant alteration of that route. (4) A right described in paragraph (1)(d) or (e) is subject to the conditions that there will be no (a) mischief committed on settlement land; or (b) unnecessary interference with the use and peaceful enjoyment of settlement land by the Yukon first nation. (5) A right described in paragraph (1)(g) or (h) is subject to the conditions set out in subsections (2) and (3) and to the condition that there will be no permanent structure erected on settlement land. (6) A right described in paragraph (1)(i) is subject to the conditions that there will be no (a) unnecessary damage to settlement land or significant damage to improvements on settlement land; (b) mischief committed on settlement land; or (c) unnecessary interference with the use and peaceful enjoyment of settlement land by the Yukon first nation.