Marginal note:Inconsistency between order and Act or document
5. (1) Where there is any inconsistency or conflict between an order of the Board respecting access and a requirement imposed by or under any Act, or a licence, permit or other document made or issued under such an Act, that regulates the activity for which the access is obtained, the Act or document prevails to the extent of the inconsistency or conflict.
Marginal note:Decision under Yukon Environmental and Socio-economic Assessment Act
(2) The following prevail over an order of the Board respecting access, to the extent of any inconsistency or conflict between them:
(a) a decision document issued under section 75, 76 or 77 of the Yukon Environmental and Socio-economic Assessment Act by a federal agency that the federal agency is required to implement under subsection 82(2) of that Act;
(b) a decision document that is issued under those sections by the territorial minister, to the extent that a territorial agency or municipal government is required to implement it under subsection 83(2) of that Act; and
(c) a decision document that is issued under those sections by a first nation, to the extent that the first nation is required to implement it under subsections 84(2) and (3) of that Act.
- 1994, c. 43, s. 5;
- 2003, c. 7, s. 131.
Marginal note:Application of Parts I and IV
6. For greater certainty, Parts I and IV apply where the Board exercises a power or performs a duty or function conferred or imposed on it by or under any other Act of Parliament.
Marginal note:Binding on Her Majesty
7. This Act is binding on Her Majesty in right of Canada or a province.
PART IYUKON SURFACE RIGHTS BOARD
Establishment and Organization of Board
8. (1) There is hereby established a board, to be called the Yukon Surface Rights Board, consisting of a Chairperson and not less than two or more than ten other members to be appointed by the Minister.
Marginal note:Odd number
(2) The Minister shall make such appointments as are necessary to ensure that an odd number of members holds office at any time.
Marginal note:Appointment of Chairperson
9. (1) The Chairperson shall be appointed on the recommendation of the Board.
Marginal note:Appointment of other members
(2) Half of the members, other than the Chairperson, shall be appointed on the nomination of the Council for Yukon Indians.
Marginal note:Residency qualification
10. (1) A majority of the members appointed on the nomination of the Council for Yukon Indians and a majority of the other members must be resident in the Yukon Territory.
Marginal note:Effect of ceasing to be resident
(2) If the Minister determines that a member ceases to be resident in the Yukon Territory and that the condition imposed by subsection (1) is not satisfied, the appointment of the member is terminated as of the date the member receives written notification from the Minister that the determination has been made.
Marginal note:Acting after termination of appointment
(2.1) If the appointment of a member is terminated under subsection (2) before they have made a decision in a matter for which a hearing is held, they may, with the consent of the parties to the hearing, continue to perform their duties and functions as a member only in relation to that matter until the hearing is concluded and a decision is made. For the purpose of the appointment of a replacement, their office is deemed to be vacant as soon as their appointment is terminated under subsection (2).
Marginal note:No disqualification
(3) No person is disqualified from being appointed or continuing as a member of the Board or of a panel of the Board by reason only of being a Yukon Indian person or having an interest in land in the Yukon Territory.
- 1994, c. 43, s. 10;
- 2013, c. 14, s. 12.
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