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

Marginal note: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.

Marginal note:Reasons for decisions

69. The Board shall give written reasons for every decision that it makes in relation to an application.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note:Exception

  (2) The Board may not review under this section an order made under section 55, 60, 63 or 65.