Marginal note: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.
Marginal note: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.
Marginal note: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.
(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.
Regulations and Orders
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(f.1) [Repealed, 2002, c. 7, s. 271]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.
Marginal note: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.
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