Yukon Surface Rights Board Act

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• 1Short title

  This Act may be cited as the Yukon Surface Rights Board Act.

• 2Definitions

  In this Act,

• 2[p2]

  Board means the Yukon Surface Rights Board established by section 8; (Office)

• 2[p3]

  category A settlement land means, in relation to a final agreement, land that has been and that has not ceased to be settlement land in accordance with the final agreement; (terre désignée de catégorie A)

• 2[p3](a)

  identified or declared pursuant to the final agreement, or designated pursuant to section 63, as category A settlement land, or

• 2[p3](b)

  identified in a self-government agreement as land to which the final agreement is to apply as if it were category A settlement land,

• 2[p6]

  category B settlement land means, in relation to a final agreement, land that has been and that has not ceased to be settlement land in accordance with the final agreement; (terre désignée de catégorie B)

• 2[p6](a)

  identified or declared pursuant to the final agreement, or designated pursuant to section 63, as category B settlement land, or

• 2[p6](b)

  identified in a self-government agreement as land to which the final agreement is to apply as if it were category B settlement land,

• 2[p9]

  cost of construction, in respect of a hydro-electric or water storage facility, means the aggregate of the following costs:

• 2[p9](a)

  the costs of constructing civil structures,

• 2[p9](b)

  the costs of reservoir and site clearing,

• 2[p9](c)

  the costs of constructing access routes,

• 2[p9](d)

  electrical and mechanical costs,

• 2[p9](e)

  design costs, including the cost of socio-economic and environmental studies required for any application to construct or operate the facility,

• 2[p9](f)

  engineering and construction management costs, and

• 2[p9](g)

  in the case of a hydro-electric facility, the costs of constructing transmission lines to a grid; (coûts de construction)

• 2[p17]

  Council for Yukon Indians includes any successor to the Council for Yukon Indians and, in the absence of any successor, the first nations referred to in the definition Yukon first nation, whether or not their land claims agreement has been added to Part I of Schedule I; (Conseil des Indiens du Yukon)

• 2[p18]

  Crown land means land vested in Her Majesty in right of Canada, whether the administration and control thereof is appropriated to the Commissioner of the Yukon Territory or not, but does not include settlement land; (terre domaniale)

• 2[p19]

  existing mineral right means a mineral right, other than a right to locate a claim or an unrecorded right to explore for minerals, other than oil and gas, existing at the date the affected land became settlement land, and includes

• 2[p19](a)

  a renewal or replacement of such a mineral right after that date,

• 2[p19](b)

  a licence, permit or other right in respect of oil or gas granted after that date as of right to a person holding such a mineral right, and

• 2[p19](c)

  a licence, permit or other right in respect of mines or minerals granted after that date pursuant to the Yukon Quartz Mining Act or the Yukon Placer Mining Act to a person holding such a mineral right; (droit minier existant)

• 2[p23]

  fee simple settlement land means, in relation to a final agreement, land that has been and that has not ceased to be settlement land in accordance with the final agreement; (terre désignée en fief simple)

• 2[p23](a)

  identified or declared pursuant to the final agreement, or designated pursuant to section 63, as fee simple settlement land, or

• 2[p23](b)

  identified in a self-government agreement as land to which the final agreement is to apply as if it were fee simple settlement land,

• 2[p26]

  final agreement means an agreement referred to in Part I of Schedule I, and includes any amendments made to it from time to time in accordance with its provisions; (accord définitif)

• 2[p27]

  fish includes

• 2[p27](a)

  parts of fish,

• 2[p27](b)

  shellfish, crustaceans, marine animals, marine plants and parts of them, and

• 2[p27](c)

  the eggs, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals; (poisson ou ressources halieutiques)

• 2[p31]

  gas means natural gas and includes all substances, other than oil, that are produced in association with natural gas; (gaz)

• 2[p32]

  Government means the Government of Canada or the Government of the Yukon Territory, or both, depending on which has responsibility for the matter in question; (gouvernement)

• 2[p33]

  harvesting means gathering, hunting, trapping or fishing in accordance with a final agreement or the Transboundary Agreement; (exploitation)

• 2[p34]

  mineral right means a licence, permit or other right to explore for, locate, develop, produce or transport minerals, other than specified substances, and to enter on land for those purposes; (droit minier)

• 2[p35]

  minerals means precious and base metals and other non-living, naturally occurring substances, whether solid, liquid or gaseous, and includes coal, oil, gas and specified substances; (minéraux)

• 2[p36]

  mines means mines, opened and unopened; (mines)

• 2[p37]

  Minister means the Minister of Northern Affairs; (ministre fédéral)

• 2[p38]

  navigable water means a stream, river, lake, sea or other body of water, used or capable of being used by the public for navigation by boats, kayaks, canoes, rafts or other small craft, or log booms on a continuous or seasonal basis, and includes any parts of those bodies of water interrupted by occasional natural obstructions or bypassed by portages; (navigable)

• 2[p39]

  new mineral right means any mineral right, other than an existing mineral right; (droit minier nouveau)

• 2[p40]

  non-settlement land means all land and water in the Yukon Territory, other than settlement land, and includes mines and minerals, other than specified substances, in category B settlement land and in fee simple settlement land; (terre non désignée)

• 2[p41]

  oil means crude oil, regardless of gravity, produced at a well head in liquid form, and any other hydrocarbons, other than coal and gas, and includes hydrocarbons that may be extracted or recovered from deposits of oil sand, bituminous sand, oil shale or from any other type of deposits on the surface or subsurface; (pétrole)

• 2[p42]

  person means a natural person or an artificial entity capable of having rights or obligations and includes a Government or the government of a province or of a foreign state or any subdivision thereof; (personne)

• 2[p43]

  self-government agreement means an agreement referred to in Part II of Schedule I; (accord sur l’autonomie gouvernementale)

• 2[p44]

  settlement land means category A settlement land, category B settlement land or fee simple settlement land; (terre désignée)

• 2[p45]

  specified substances means carving stone, flint, limestone, marble, gypsum, shale, slate, clay, sand, gravel, construction stone, sodium chloride, volcanic ash, earth, soil, diatomaceous earth, ochre, marl and peat; (matières spécifiées)

• 2[p46]

  Territorial Minister means, in respect of any provision of this Act, such minister of the Yukon Territory as is designated by the Commissioner of the Yukon Territory for the purposes of that provision; (ministre territorial)

• 2[p47]

  traditional territory means, with respect to a Yukon first nation, the geographic area within the Yukon Territory identified as that Yukon first nation’s traditional territory on the map for that purpose set out in Appendix B to the final agreement of that Yukon first nation; (territoire traditionnel)

• 2[p48]

  Transboundary Agreement means the Yukon Transboundary Agreement, set out in Appendix C to the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, that was approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act, and includes any amendments made to it from time to time in accordance with its provisions; (accord transfrontalier)

• 2[p49]

  undeveloped settlement land means all settlement land that has not been designated as developed settlement land in or pursuant to a final agreement or pursuant to section 63 or a self-government agreement; (terre désignée non aménagée)

• 2[p50]

  waterfront right-of-way means, except as otherwise provided in Appendix A to a final agreement, the thirty metre wide area measured landward from the limit or edge of the bed of any navigable water on or abutting settlement land; (emprise riveraine)

• 2[p51]

  wildlife means a vertebrate animal of any species or subspecies that is wild in the Yukon, but does not include

• 2[p51](a)

  fish, or

• 2[p51](b)

  a vertebrate animal of any species or subspecies that is not indigenous to the Yukon Territory or that is intentionally introduced by a Government or other body, other than a Yukon first nation, as part of a wildlife management program; (faune ou ressources fauniques)

• 2[p54]

  Yukon first nation means any of the first nations known as the Champagne and Aishihik First Nations, the First Nation of Nacho Nyak Dun, the Teslin Tlingit Council, the Vuntut Gwitchin First Nation or any of the following first nations whose land claims agreement has been added to Part I of Schedule I pursuant to section 79, namely,

• 2[p54](a)

  Carcross/Tagish First Nation,

• 2[p54](b)

  Tr’ondëk Hwëch’in,

• 2[p54](c)

  Kluane First Nation,

• 2[p54](d)

  Kwanlin Dun First Nation,

• 2[p54](e)

  Liard First Nation,

• 2[p54](f)

  Little Salmon/Carmacks First Nation,

• 2[p54](g)

  Ross River Dena Council,

• 2[p54](h)

  Selkirk First Nation,

• 2[p54](i)

  Ta’an Kwach’an Council, and

• 2[p54](j)

  White River First Nation; (première nation)

• 2[p65]

  Yukon Indian person means a person enrolled as such under a final agreement. (Indien du Yukon)

• 3Application to Tetlit Gwich’in Yukon land
• 3(1)

  Subject to this section, this Act applies within the primary use area described in Annex A of the Transboundary Agreement as if

• 3(1)(a)

  the references to settlement land, category B settlement land, fee simple settlement land and undeveloped settlement land were references to Tetlit Gwich’in Yukon land described in Annex B of the Transboundary Agreement;

• 3(1)(b)

  the references to traditional territory were references to the primary use area;

• 3(1)(c)

  the references to a Yukon first nation, other than the reference in the definition Council for Yukon Indians in section 2 and in paragraph (4)(b), were references to the Gwich’in Tribal Council; and

• 3(1)(d)

  the references to a Yukon Indian person were references to a Tetlit Gwich’in as defined in the Transboundary Agreement.

• 3(2)Provisions not applicable

  Subsection 31(1), sections 58 and 63 and paragraphs 1(g) and 2(1)(f) of Schedule II do not apply in respect of Tetlit Gwich’in Yukon land.

• 3(3)Hearing of applications

  An application in respect of Tetlit Gwich’in Yukon land shall be heard in Fort McPherson, Northwest Territories, unless the parties agree otherwise.

• 3(4)Compensation for expropriation

  In making an order under section 55 in respect of the expropriation of Tetlit Gwich’in Yukon land for the construction, maintenance and operation of a hydro-electric or water storage facility, the Board shall not

• 3(4)(a)

  take into consideration the cultural or other special value to the Gwich’in Tribal Council of the land or any land to be provided as compensation for the expropriation; or

• 3(4)(b)

  fix compensation for improvements to the Tetlit Gwich’in Yukon land in an amount that, together with all other compensation for improvements provided to Tetlit Gwich’in and Yukon first nations in respect of the facility whether pursuant to such an order or otherwise, would exceed three per cent of the cost of construction of the facility.

• 3(5)Transfer of land

  Where land within the primary use area described in Annex A of the Transboundary Agreement is to be transferred, pursuant to an order of the Board or as a result of negotiation, to the Gwich’in Tribal Council as compensation for the expropriation of Tetlit Gwich’in Yukon land, the land shall, on transfer, become Tetlit Gwich’in Yukon land.

• 4Inconsistency between final agreement and Act
• 4(1)

  Where there is any inconsistency or conflict between a final agreement and this Act, the agreement prevails to the extent of the inconsistency or conflict.

• 4(2)Inconsistency between Transboundary Agreement and Act

  Where there is any inconsistency or conflict between the Transboundary Agreement and this Act, the Agreement prevails to the extent of the inconsistency or conflict.

• 5Inconsistency 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.

• 5(2)Decision under Yukon Environmental and Socio-economic Assessment Act

  The following prevail over an order of the Board respecting access, to the extent of any inconsistency or conflict between them:

• 5(2)(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;

• 5(2)(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

• 5(2)(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.

• 6Application of Parts I and IV

  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.

• 7Binding on Her Majesty

  This Act is binding on Her Majesty in right of Canada or a province.

• 8Establishment
• 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.

• 8(2)Odd number

  The Minister shall make such appointments as are necessary to ensure that an odd number of members holds office at any time.

• 9Appointment of Chairperson
• 9(1)

  The Chairperson shall be appointed on the recommendation of the Board.

• 9(2)Appointment of other members

  Half of the members, other than the Chairperson, shall be appointed on the nomination of the Council for Yukon Indians.

• 10Residency 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.

• 10(2)Effect of ceasing to be resident

  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.

• 10(2.1)Acting after termination of appointment

  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).

• 10(3)No disqualification

  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.

• 11Term of office
• 11(1)

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

• 11(2)Term of first members

  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.

• 11(2.1)Acting after expiry of term

  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.

• 11(3)Tenure

  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).

• 12Vacancy

  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.

• 13Reappointment

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

• 14Duties of Chairperson

  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.

• 15Remuneration
• 15(1)

  Each member shall be paid such fees or other remuneration as the Treasury Board may fix.

• 15(2)Expenses

  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.

• 15(3)Workers compensation

  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.

• 15.1Acts done in good faith

  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.

• 16Head office

  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.

• 17Business 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.

• 17(2)Participation by telephone

  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.

• 18By-laws

  The Board may make by-laws

• 18(a)

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

• 18(b)

  respecting the assignment of members to panels of the Board;

• 18(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

• 18(c)

  generally, respecting the conduct and management of the internal administrative affairs of the Board.

• 19Staff

  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.

• 20Government facilities and information

  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.

• 21Property and contracts
• 21(1)

  The Board may, for the purposes of conducting its business,

• 21(1)(a)

  acquire personal property in the name of the Board and dispose of the property; and

• 21(1)(b)

  enter into contracts in the name of the Board.

• 21(2)Legal proceedings

  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.

• 22Not an agent

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

• 23Annual budget
• 23(1)

  The Board shall annually submit a budget for the next following fiscal year to the Minister for consideration.

• 23(2)Funding for training and language

  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.

• 23(3)Accounts

  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.

• 23(4)Consolidated financial statements

  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.

• 23(5)Audit

  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.

• 24Special reports

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

• 24(a)

  the operations of the Board;

• 24(b)

  the number of applications made to the Board;

• 24(c)

  the orders made by the Board; or

• 24(d)

  such other matters as the Minister may specify.

• 25Annual 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.

• 25(2)Publication

  The Board shall publish the annual report.

• 26Negotiations
• 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.

• 26(2)Resolved matters

  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.

• 26(3)Matters not raised

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

• 27Informal and expeditious

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

• 28General powers of Board

  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.

• 29Parties to a hearing

  The following are parties to a hearing before the Board:

• 29(a)

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

• 29(b)

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

• 29(c)

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

• 29(d)

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

• 29(e)

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

• 29(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.

• 30Hearing in absence of party

  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.

• 31Location 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.

• 31(2)Location of hearing — non-settlement land

  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.

• 32Panels
• 32(1)

  An application to the Board shall be heard and decided by a panel consisting of three members of the Board.

• 32(2)Nomination by Council

  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.

• 32(3)Single member

  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.

• 33Assignment 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.

• 33(2)Conflict of interest

  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.

• 34Powers, 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.

• 34(2)Status of order of panel

  An order made by a panel is an order of the Board.

• 35Continuation 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.

• 35(2)Disposition of application

  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.

• 36Information made available

  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.

• 37References to Supreme Court

  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.

• 38Records

  The Board shall

• 38(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;

• 38(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

• 38(c)

  have the custody and care of all documents filed with the Board.

• 39Negotiation and entry fee
• 39(1)

  The Board shall make rules

• 39(1)(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

• 39(1)(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).

• 39(2)Parameter of entry fee

  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.

• 40Procedures, mediation and costs

  The Board may make rules

• 40(a)

  respecting the practice and procedure in relation to applications to and hearings before the Board, including the service of documents and the imposition of reasonable time limits;

• 40(b)

  establishing procedures that may be followed in the mediation of matters in dispute; and

• 40(c)

  respecting the allowance of costs, including rules

• 40(c)(i)

  establishing a schedule of fees and other expenses incurred by a party in relation to applications to or hearings before the Board that may be allowed as part of that party’s costs under section 68, and

• 40(c)(ii)

  respecting the circumstances under which the Board may allow costs with respect to matters dealt with in the schedule of fees and other expenses on a basis other than that established by the schedule.

• 41Publication of proposed rules
• 41(1)

  At least thirty days before making a rule, the Board shall give notice of the proposed rule in the Canada Gazette and in a periodical that, in the opinion of the Board, has a large circulation in the Yukon and shall, in the notice, invite interested persons to make representations in writing to it with respect to the rule within thirty days after publication.

• 41(2)Exception

  Notice of a proposed rule need not be published more than once pursuant to subsection (1), whether or not the rule is amended after the publication as a result of representations made to the Board, but the rules shall be published in the Canada Gazette immediately after they are made.

• 41(3)Non-application of Statutory Instruments Act

  Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of the rules of the Board.

• 42Access order
• 42(1)

  Subject to subsection (2), on application by a person who has a right of access described in section 1 of Schedule II, the Board shall make an access order establishing terms and conditions for the exercise of the right.

• 42(2)Restriction

  The Board shall not make an access order in respect of a right of access described in any of paragraphs 1(a) to (d), (f), (g), (i) and (k) of Schedule II unless the applicant satisfies the Board that the applicant reasonably requires access and that access across Crown land is not practicable and reasonable.

• 43Terms and conditions
• 43(1)

  The Board may include in an access order made under subsection 42(1) in respect of a right of access