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

Marginal note:Publication of order

49. The Board shall publish each order made under section 47 in the Canada Gazette and in such other manner as, in its opinion, will best bring it to the attention of those persons affected by it.

Marginal note:Disputes over particular access rights

50. On application by any person or Yukon first nation, the Board shall make an order resolving any dispute concerning the interpretation, application or violation of a right of access described in paragraph 2(1)(b) or (c) of Schedule II or of a term or condition established by the Yukon first nation with the agreement of the Minister, or by an order made under section 47, in respect of such a right.

Marginal note:Disputes over waterfront right-of-way

• 51. (1) On application by a Government or a Yukon first nation that has established or proposes to establish a permanent camp or structure on a waterfront right-of-way on its settlement land, the Board shall make an order resolving any dispute as to whether

  • (a) the camp or structure substantially alters, or would substantially alter, the right to use that waterfront right-of-way as described in paragraph 2(1)(a) of Schedule II; or

  • (b) there is a reasonable alternate area for the exercise of the right to use a waterfront right-of-way as described in paragraph 2(1)(a) of Schedule II.

• Marginal note:Order requiring removal or prohibition of camp or structure

  (2) The Board may include in the order a provision requiring the Yukon first nation to remove the camp or structure or prohibiting it from establishing the camp or structure.

Marginal note:Definition of “specified substances right”

• 52. (1) In this section, “specified substances right” means the right of a Yukon first nation to take and use a specified substance on its settlement land, without payment of a royalty.

• Marginal note:Conflicts between specified substances right and mineral right

  (2) In the case of a conflict between the exercise by a Yukon first nation of its specified substances right and the exercise of a mineral right by its holder, the Board shall, on application by the Yukon first nation or that holder, make an order specifying terms and conditions for exercising either right or both rights so as to reduce interference between them as far as practicable, but, to the extent that interference with the exercise of the specified substances right cannot be avoided, the Board shall give priority to the exercise of the mineral right.

• Marginal note:Compensation

  (3) The Board shall include in an order under subsection (2) that gives priority to the exercise of a new mineral right a provision requiring the person who has that right to pay compensation to the Yukon first nation for any interference with, or loss of opportunity for, the exercise of the specified substances right, and, in determining the compensation for loss of opportunity, the Board shall take into account the production costs incurred by the person who has the new mineral right.