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Bill C-55

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Regulations and Orders

Regulations

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) respecting the exercise of additional powers or the performance of additional duties or functions by the Board in relation to a mineral right granted in the Yukon Territory under the Territorial Lands Act;

    (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.

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.

PART V

RELATED AMENDMENTS AND COMING INTO FORCE

Related Amendments

R.S., c. A-1

Access to Information Act

80. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Yukon Surface Rights Board

    Office des droits de surface du Yukon

R.S., c. A-16

Atomic Energy Control Act

81. Section 10 of the Atomic Energy Control Act is renumbered as subsection 10(1) and is amended by adding the following:

Exception

(2) No interest in settlement land as defined in section 2 of the Yukon Surface Rights Board Act may be expropriated under subsection (1) without the approval of the Governor in Council.

Exception

(3) No interest in Tetlit Gwich'in Yukon land may be expropriated under subsection (1) without the approval of the Governor in Council.

Notice of intention

(4) Where an interest in land referred to in subsection (2) or (3) is to be expropriated,

    (a) a public hearing in respect of the location and extent of the land to be expropriated shall be held in accordance with the following procedure:

      (i) notice of the time and place for the public hearing shall be given to the Yukon first nation or Gwich'in Tribal Council and the public,

      (ii) at the time and place fixed for the public hearing, an opportunity shall be provided for the Yukon first nation or Gwich'in Tribal Council and the public to be heard,

      (iii) costs incurred by any party in relation to the hearing are in the discretion of the person or body holding the hearing and may be awarded on or before the final disposition of the issue, and

      (iv) a report on the hearing shall be prepared and submitted to the Minister; and

    (b) notice of intention to obtain the approval of the Governor in Council shall be given to the Yukon first nation or Gwich'in Tribal Council on completion of the public hearing and submission of a report thereon to the Minister.

Definition of ``Tetlit Gwich'in Yukon land''

(5) In this section, ``Tetlit Gwich'in Yukon land'' means land as described in Annex B, as amended from time to time, to Appendix C of 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.

82. Section 14 of the Act is renumbered as subsection 14(1) and is amended by adding the following:

Exception

(2) Subsection (1) does not apply in respect of land described in subsections 10(2) and (3).

R.S., c. C-19

Canadian National Railways Act

83. The Canadian National Railways Act is amended by adding the following after section 17:

Yukon Surface Rights Board Act

17.1 (1) Notwithstanding sections 15 and 17, any dispute as to the compensation payable in respect of the expropriation of settlement land as defined in section 2 of the Yukon Surface Rights Board Act or of Tetlit Gwich'in Yukon land by any Canadian Government Railway or the National Company may be heard and determined only by the Yukon Surface Rights Board under and in accordance with that Act.

Definition of ``Tetlit Gwich'in Yukon land''

(2) In this section, ``Tetlit Gwich'in Yukon land'' means land as described in Annex B, as amended from time to time, to Appendix C of 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.

R.S., c. E-21

Expropriation Act

84. Section 4 of the Expropriation Act is amended by adding the following after subsection (3):

Exception

(4) No interest in settlement land as defined in section 2 of the Yukon Surface Rights Board Act may be expropriated under this Part without the consent of the Governor in Council.

Exception

(5) No interest in Tetlit Gwich'in Yukon land may be expropriated under this Part without the consent of the Governor in Council.

Notice of intention

(6) Where an interest in land referred to in subsection (4) or (5) is to be expropriated, notice of intention to obtain the consent of the Governor in Council shall be given to the Yukon first nation or Gwich'in Tribal Council, as the case may be, on completion of any public hearing and submission of a report to the Minister required by section 10 or, if no hearing is held, on the expiration of the period of thirty days referred to in section 9.

Definition of ``Tetlit Gwich'in Yukon land''

(7) In this section, ``Tetlit Gwich'in Yukon land'' means land as described in Annex B, as amended from time to time, to Appendix C of 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.

85. Section 10 of the Act is amended by adding the following after subsection (11):

Exception

(12) Subsection (11) does not apply in respect of land described in subsection 4(4) or (5), but the Yukon first nation concerned or the Gwich'in Tribal Council, as the case may be, may agree to waive the requirement for a public hearing and, if it does so before a notice of intention is registered, a statement of the waiver shall be included in the notice of intention.

86. The Act is amended by adding the following after section 35:

Exception

35.1 (1) Notwithstanding any other provision of this Act, any dispute as to the compensation payable in respect of an expropriated interest in land described in subsection 4(4) or (5) may be heard and determined only by the Yukon Surface Rights Board under and in accordance with the Yukon Surface Rights Board Act.

Provisions applicable

(2) Subsection 16(2) and sections 33, 35 and 36 apply, with such modifications as the circumstances require, in respect of compensation determined by the Yukon Surface Rights Board as if that compensation were compensation adjudged by the Court.

R.S., c. N-7

National Energy Board Act

87. The National Energy Board Act is amended by adding the following after section 78:

Settlement land

78.1 (1) No company shall, if the Yukon first nation concerned does not consent thereto, take possession of or occupy settlement land as defined in section 2 of the Yukon Surface Rights Board Act without the consent of the Governor in Council.

Tetlit Gwich'in Yukon land

(2) No company shall, if the Gwich'in Tribal Council does not consent thereto, take possession of or occupy Tetlit Gwich'in Yukon land without the consent of the Governor in Council.

Public hearing

(3) Where an interest in land referred to in subsection (1) or (2) is to be taken possession of or occupied without the consent of the Yukon first nation or Gwich'in Tribal Council, as the case may be,

    (a) a public hearing in respect of the location and extent of the land to be taken possession of or occupied shall be held in accordance with the following procedure:

      (i) notice of the time and place for the public hearing shall be given to the Yukon first nation or Gwich'in Tribal Council and the public,

      (ii) at the time and place fixed for the public hearing, an opportunity shall be provided for the Yukon first nation or Gwich'in Tribal Council and the public to be heard,

      (iii) costs incurred by any party in relation to the hearing are in the discretion of the person or body holding the hearing and may be awarded on or before the final disposition of the issue, and

      (iv) a report on the hearing shall be prepared and submitted to the Minister; and

    (b) notice of intention to obtain the consent of the Governor in Council shall be given to the Yukon first nation or Gwich'in Tribal Council on completion of the public hearing and submission of a report thereon to the Minister.

Definition of ``Tetlit Gwich'in Yukon land''

(4) In this section, ``Tetlit Gwich'in Yukon land'' means land as described in Annex B, as amended from time to time, to Appendix C of 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.

88. Section 92 of the Act is amended by adding the following after subsection (1):

Settlement land or Tetlit Gwich'in Yukon land

(1.1) One member of an Arbitration Committee appointed to determine a compensation matter involving land referred to in section 78.1 must be a member nominated by the Yukon first nation concerned or the Gwich'in Tribal Council, as the case may be.

89. The Act is amended by adding the following after section 97:

Settlement land or Tetlit Gwich'in Yukon land

97.1 Where an Arbitration Committee is appointed to determine a compensation matter involving land referred to in section 78.1, sections 3, 26 to 31, 36, 54 to 58, 63, 67 and 72 of the Yukon Surface Rights Board Act apply to the Arbitration Committee as if it were the Yukon Surface Rights Board.

R.S., c. O-7; 1992, c. 35, s. 2

Canada Oil and Gas Operations Act

1992, c. 35, s. 8

90. Subsection 5.01(2) of the Canada Oil and Gas Operations Act is replaced by the following:

Restriction

(2) Where a person occupies land in an area to which this Act applies under a lawful right or title, other than an authorization under paragraph 5(1)(b) or an interest as defined in the Canada Petroleum Resources Act, no person may enter on or use the surface of that land for a purpose mentioned in subsection (1) without the consent of the occupier or, where consent has been refused, except in accordance with the terms and conditions of

    (a) in the case of land within the Yukon Territory, a decision of the Yukon Surface Rights Board made in accordance with the Yukon Surface Rights Board Act; and

    (b) in any other case, a decision of an arbitrator made in accordance with the regulations.

Exception

(3) Subsections (1) and (2) do not apply in respect of settlement land as defined in section 2 of the Yukon Surface Rights Board Act or Tetlit Gwich'in Yukon land.

Definition of ``Tetlit Gwich'in Yukon land''

(4) In this section, ``Tetlit Gwich'in Yukon land'' means land as described in Annex B, as amended from time to time, to Appendix C of 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.

R.S., c. P-21

Privacy Act

91. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Yukon Surface Rights Board

    Office des droits de surface du Yukon

R.S., c. R-2; 1989, c. 17, s. 2

Radiocommunication Act

92. Section 7 of the Radiocommunication Act is amended by adding the following after subsection (3):

Exception

(4) Notwithstanding subsection (3), any dispute as to the compensation to be paid for the taking of possession of a radio station on settlement land as defined in section 2 of the Yukon Surface Rights Board Act or on Tetlit Gwich'in Yukon land may be heard and determined only by the Yukon Surface Rights Board under and in accordance with that Act.

Settlement land

(5) If the Yukon first nation concerned does not consent thereto, no interest in settlement land as defined in section 2 of the Yukon Surface Rights Board Act may be taken possession of under this section without the consent of the Governor in Council.

Tetlit Gwich'in Yukon land

(6) If the Gwich'in Tribal Council does not consent thereto, no interest in Tetlit Gwich'in Yukon land may be taken possession of under this section without the consent of the Governor in Council.

Notice of intention

(7) Where an interest in land referred to in subsection (5) or (6) is to be taken possession of without the consent of the Yukon first nation or Gwich'in Tribal Council, as the case may be,

    (a) a public hearing in respect of the location and extent of the land to be taken possession of or occupied shall be held in accordance with the following procedure:

      (i) notice of the time and place for the public hearing shall be given to the Yukon first nation or Gwich'in Tribal Council and the public,

      (ii) at the time and place fixed for the public hearing, an opportunity shall be provided for the Yukon first nation or Gwich'in Tribal Council and the public to be heard,

      (iii) costs incurred by any party in relation to the hearing are in the discretion of the person or body holding the hearing and may be awarded on or before the final disposition of the issue, and

      (iv) a report on the hearing shall be prepared and submitted to the Minister; and

    (b) notice of intention to obtain the consent of the Governor in Council shall be given to the Yukon first nation or Gwich'in Tribal Council on completion of the public hearing and submission of a report thereon to the Minister.

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