Bill C-55

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Royal Assent

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	42-43 ELIZABETH II
	CHAPTER 43
	An Act to establish a board having jurisdiction concerning disputes respecting surface rights in respect of land in the Yukon Territory and to amend other Acts in relation thereto
	[Assented to 15th December, 1994]
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	SHORT TITLE
Short title	1. This Act may be cited as the Yukon Surface Rights Board Act.
	INTERPRETATION
	General
Definitions	2. In this Act,
``Board'' « Office »	``Board'' means the Yukon Surface Rights Board established by section 8;
``category A settlement land'' « terre désignée de catégorie A »	``category A settlement land'' means, in relation to a final agreement, land that has been
	(a) identified or declared pursuant to the final agreement, or designated pursuant to section 63, as category A settlement land, or
	(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,
	and that has not ceased to be settlement land in accordance with the final agreement;
``category B settlement land'' « terre désignée de catégorie B »	``category B settlement land'' means, in relation to a final agreement, land that has been
	(a) identified or declared pursuant to the final agreement, or designated pursuant to section 63, as category B settlement land, or
	(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,
	and that has not ceased to be settlement land in accordance with the final agreement;
``cost of construction'' « coûts de construction	``cost of construction'', in respect of a hydro-electric or water storage facility, means the aggregate of the following costs:
	(a) the costs of constructing civil structures,
	(b) the costs of reservoir and site clearing,
	(c) the costs of constructing access routes,
	(d) electrical and mechanical costs,
	(e) design costs, including the cost of socio-economic and environmental studies required for any application to construct or operate the facility,
	(f) engineering and construction management costs, and
	(g) in the case of a hydro-electric facility, the costs of constructing transmission lines to a grid;
``Council for Yukon Indians'' « Conseil des Indiens du Yukon »	``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;
``Crown land'' « terre domaniale »	``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;
``existing mineral right'' « droit minier existant »	``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
	(a) a renewal or replacement of such a mineral right after that date,
	(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
	(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;
``fee simple settlement land'' « terre désignée en fief simple »	``fee simple settlement land'' means, in relation to a final agreement, land that has been
	(a) identified or declared pursuant to the final agreement, or designated pursuant to section 63, as fee simple settlement land, or
	(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,
	and that has not ceased to be settlement land in accordance with the final agreement;
``final agreement'' « accord définitif »	``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;
``fish'' « poisson » ou « ressources halieutiques »	``fish'' includes
	(a) parts of fish,
	(b) shellfish, crustaceans, marine animals, marine plants and parts of them, and
	(c) the eggs, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals;
``gas'' « gaz »	``gas'' means natural gas and includes all substances, other than oil, that are produced in association with natural gas;
``Government '' « gouverneme nt »	``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;
``harvesting'' « exploitation »	``harvesting'' means gathering, hunting, trapping or fishing in accordance with a final agreement or the Transboundary Agreement;
``mineral right'' « droit minier »	``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;
``minerals'' « minéraux »	``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;
``mines'' « mines »	``mines'' means mines, opened and unopened;
``Minister'' « ministre fédéral »	``Minister'' means the Minister of Indian Affairs and Northern Development;
``navigable water'' « navigable »	``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;
``new mineral right'' « droit minier nouveau »	``new mineral right'' means any mineral right, other than an existing mineral right;
``non-settleme nt land'' « terre non désignée »	``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;
``oil'' « pétrole »	``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;
``person'' « personne »	``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;
``self-govern ment agreement'' « accord sur l'autonomie gouvernement ale »	``self-government agreement'' means an agreement referred to in Part II of Schedule I;
``settlement land'' « terre désignée »	``settlement land'' means category A settlement land, category B settlement land or fee simple settlement land;
``specified substances'' « matières spécifiées »	``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;
``Territorial Minister'' « ministre territorial »	``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;
``traditional territory'' « territoire traditionnel »	``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;
``Transbounda ry Agreement'' « accord transfrontalier »	``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;
``undeveloped settlement land'' « terre désignée non aménagée »	``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;
``waterfront right-of-way'' « emprise riveraine »	``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;
``wildlife'' « faune » ou « ressources fauniques »	``wildlife'' means a vertebrate animal of any species or subspecies that is wild in the Yukon, but does not include
	(a) fish, or
	(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;
``Yukon first nation'' « première nation »	``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,
	(a) Carcross/Tagish First Nation,
	(b) Dawson First Nation,
	(c) Kluane First Nation,
	(d) Kwanlin Dun First Nation,
	(e) Liard First Nation,
	(f) Little Salmon/Carmacks First Nation,
	(g) Ross River Dena Council,
	(h) Selkirk First Nation,
	(i) Ta'an Kwach'an Council, and
	(j) White River First Nation;
``Yukon Indian person'' « Indien du Yukon »	``Yukon Indian person'' means a person enrolled as such under a final agreement.

Bill C-55

42-43 ELIZABETH II

CHAPTER 43

SHORT TITLE

INTERPRETATION

General