Marginal note:Assignment of members
33. (1) Members shall be assigned to panels in accordance with the by-laws of the Board or, in the absence of by-laws respecting the assignment of members to panels, by the Chairperson.
Marginal note:Conflict of interest
(2) A member shall not be assigned to, or continue on, a panel if doing so would place the member in a material conflict of interest.
Marginal note:Powers, duties and functions of panel
34. (1) A panel has all of the powers, and shall perform all of the duties and functions, of the Board in relation to an application before the panel.
Marginal note:Status of order of panel
(2) An order made by a panel is an order of the Board.
Marginal note:Continuation of hearing
35. (1) Where a member of a panel dies, resigns or for any other reason is absent during all or part of a hearing, the remaining member or members may, with the consent of the parties, continue the hearing.
Marginal note:Disposition of application
(2) A member of a panel who is not present during the entire hearing of an application may not participate in the disposition of the application.
Marginal note:Information made available
36. Before disposing of an application, the Board shall make any information that it intends to use in the disposition available to the parties and provide them a reasonable opportunity to respond to the information.
Marginal note:References to Supreme Court
37. The Board may, at any stage of its proceedings, refer any question or issue of law or of jurisdiction, other than a question or issue that has been referred to arbitration pursuant to a final agreement or the Transboundary Agreement, to the Supreme Court of the Yukon Territory.
38. The Board shall
(a) keep a public record of all applications made to the Board and orders and other decisions made by the Board in respect of applications;
(b) issue, on request and payment of such fee as the Board may fix, certified copies of any order or other decision, rule or by-law made by the Board; and
(c) have the custody and care of all documents filed with the Board.
Marginal note:Negotiation and entry fee
39. (1) The Board shall make rules
(a) establishing procedures to be followed in the conduct of negotiations for the purposes of section 26, either generally or with respect to any particular application or class of applications; and
(b) establishing the amount of the entry fee that may be provided for by the Board in an access order made under subsection 42(1).
Marginal note:Parameter of entry fee
(2) In making a rule pursuant to paragraph (1)(b), the Board shall not establish more than one amount in respect of the entry fee, to be applicable in all cases.
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