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

Application

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.

Her Majesty

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

Marginal note:Establishment

• 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.

Marginal note:Term of office

• 11 (1) Subject to subsection (2), a member shall be appointed to hold office for a term of three years.

• Marginal note:Term of first members

  (2) The first members appointed on the nomination of the Council for Yukon Indians shall be appointed for such term, not exceeding three years, as the Council may specify and the other first members shall be appointed for such term, not exceeding three years, as the Minister may determine.

• Marginal note:Acting after expiry of term

  (2.1) If the term of a member expires before they have made a decision in a matter for which a hearing is held, they may, in accordance with the Board’s by-laws or, in the absence of an applicable provision in the by-laws, the direction of the Chairperson, 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 term expires.

• Marginal note:Tenure

  (3) A member holds office during good behaviour, but may be removed by the Minister for cause or for a ground set out in the by-laws of the Board made pursuant to paragraph 18(a).

Marginal note:Vacancy

12 If the office of a member becomes vacant during the term of the member, the Minister may, on the conditions under section 9 on which that member was appointed, appoint a person to that office for the remainder of the term.

Marginal note:Reappointment

13 A member is eligible to be reappointed to the Board in any capacity.

Marginal note:Duties of Chairperson

14 The Chairperson is the chief executive officer of the Board and has such powers, duties and functions as are prescribed by the by-laws of the Board.

Marginal note:Remuneration

• 15 (1) Each member shall be paid such fees or other remuneration as the Treasury Board may fix.

• Marginal note:Expenses

  (2) Each member shall be paid such travel and living expenses incurred by the member while absent from the member’s ordinary place of residence in the course of performing duties under this Act as are consistent with Treasury Board directives for public servants.

• Marginal note:Workers compensation

  (3) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulation made pursuant to section 9 of the Aeronautics Act.

Marginal note:Acts done in good faith

15.1 No action lies against a member or an employee of the Board for anything done or omitted to be done in good faith in the performance, or purported performance, of any function under this Act.

Head Office and Meetings

Marginal note:Head office

16 The head office of the Board shall be at Whitehorse or at such other place in the Yukon Territory as the Governor in Council may designate.

Marginal note:Business meetings

• 17 (1) The meetings of the Board shall be held at such times and at such places in the Yukon Territory as the Board considers necessary or desirable for the proper conduct of its business.

• Marginal note:Participation by telephone

  (2) Subject to the by-laws of the Board, any member may participate in a business meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Act to be present at that meeting.

By-laws

Marginal note:By-laws

18 The Board may make by-laws

• (a) specifying grounds for removal of members in addition to the grounds for removal for cause generally recognized by law;

• (b) respecting the assignment of members to panels of the Board;

• (b.1) in the case of a member whose term has expired, respecting the member’s ability to continue to perform their functions in relation to a matter for which a hearing is held; and

• (c) generally, respecting the conduct and management of the internal administrative affairs of the Board.

General Powers

Marginal note:Staff

19 The Board may employ such officers and employees and engage the services of such agents, advisors and consultants as are necessary for the proper conduct of its business and may fix the terms and conditions of their employment or engagement and pay their remuneration.

Marginal note:Government facilities and information

20 In exercising its powers or performing its duties or functions under this or any other Act of Parliament, the Board may, where appropriate, use the services and facilities of departments, boards and agencies of a Government and may obtain from any such department, board or agency, any information that is required to exercise those powers or perform those duties or functions.

Marginal note:Property and contracts

• 21 (1) The Board may, for the purposes of conducting its business,

  • (a) acquire personal property in the name of the Board and dispose of the property; and

  • (b) enter into contracts in the name of the Board.

• Marginal note:Legal proceedings

  (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Board may be brought or taken by or against the Board in any court that would have jurisdiction if the Board were a corporation.

Status

Marginal note:Not an agent

22 The Board is not an agent of Her Majesty in right of Canada.

Financial Provisions

Marginal note:Annual budget

• 23 (1) The Board shall annually submit a budget for the next following fiscal year to the Minister for consideration.

• Marginal note:Funding for training and language

  (2) The Board shall consider including in its annual budget funding to allow the Board to provide the members of the Board with cross-cultural orientation and education and other training for the purpose of improving the ability of the members to carry out their responsibilities as members as well as funding for facilities to allow members to carry out their responsibilities in their traditional languages.

• Marginal note:Accounts

  (3) The Board shall maintain books of account and records in relation thereto in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor.

• Marginal note:Consolidated financial statements

  (4) The Board shall, within such time after the end of each fiscal year as the Minister specifies, prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (3) and shall include in them such information or statements as are required in support of the consolidated financial statements.

• Marginal note:Audit

  (5) The auditor of the Board shall audit the accounts, financial statements and financial transactions of the Board annually and shall make a report of the audit to the Board and to the Minister.

Reports

Marginal note:Special reports

24 On request of the Minister, the Board shall report to the Minister on

• (a) the operations of the Board;

• (b) the number of applications made to the Board;

• (c) the orders made by the Board; or

• (d) such other matters as the Minister may specify.

Marginal note:Annual report

• 25 (1) The Board shall, within three months after the end of each fiscal year, submit to the Minister a report on the activities of the Board in that year.

• Marginal note:Publication

  (2) The Board shall publish the annual report.

Jurisdiction of the Board

Marginal note:Negotiations

• 26 (1) No person may apply to the Board for an order unless the person has attempted to resolve the matter in dispute by negotiation in accordance with the rules made under paragraph 39(1)(a) or, until such rules have been made, in a manner satisfactory to the Board.

• Marginal note:Resolved matters

  (2) The Board may not hear or make an order in respect of any matter that was resolved by negotiation unless the parties consent thereto or it appears that there has been a material change in the facts or circumstances that formed the basis of the negotiated resolution.

• Marginal note:Matters not raised

  (3) The Board may not make an order in respect of a matter that is not raised by any of the parties.

Applications and Hearings

Marginal note:Informal and expeditious

27 An application before the Board shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit.

Marginal note:General powers of Board

28 The Board has, with respect to the attendance and examination of witnesses, the production and inspection of documents and all other matters necessary or proper in relation to applications before the Board, all the powers, rights and privileges of a superior court.

Marginal note:Parties to a hearing

29 The following are parties to a hearing before the Board:

• (a) the applicant and any other person who may apply for an order in respect of which the hearing is held;

• (b) where settlement land is in issue, the Yukon first nation and any affected interest holder;

• (c) in the case of an application for an order under section 47, the Minister and Territorial Minister;

• (d) in the case of an application for an order under section 55 where Ministers are notified under paragraph 57(2)(a), the Ministers;

• (e) in the case of an application for an order under section 60, the Government for whose benefit the reservation was made; and

• (f) in the case of an application under section 65 in relation to a mineral right granted under the Yukon Placer Mining Act or the Yukon Quartz Mining Act, the mining recorder.

Marginal note:Hearing in absence of party

30 The Board may not hear an application in the absence of any party unless that party consents to the holding of the hearing in their absence or notice of the hearing was given to that party in accordance with the rules of the Board or, in the absence of rules respecting the giving of such notice, in a manner satisfactory to the Board.

Marginal note:Location of hearing — settlement land

• 31 (1) An application in respect of settlement land shall be heard in the traditional territory of the Yukon first nation whose settlement land is involved, unless the parties agree otherwise.

• Marginal note:Location of hearing — non-settlement land

  (2) An application in respect of non-settlement land shall be heard in the community in Canada closest to the land, whether within or outside the Yukon Territory, unless the parties agree otherwise.

Marginal note:Panels

• 32 (1) An application to the Board shall be heard and decided by a panel consisting of three members of the Board.

• Marginal note:Nomination by Council

  (2) At least one member of any panel hearing an application in respect of settlement land must be a member nominated by the Council for Yukon Indians.

• Marginal note:Single member

  (3) Notwithstanding subsections (1) and (2), an application may, with the consent of the parties, be heard and decided by a panel consisting of one member of the Board, whether or not nominated by the Council for Yukon Indians.