Bill C-55
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Tetlit Gwich'in Yukon Land |
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| Application to
Tetlit
Gwich'in
Yukon land
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3. (1) Subject to this section, this Act
applies within the primary use area described
in Annex A of the Transboundary Agreement
as if
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| Provisions not
applicable
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(2) 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.
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| Hearing of
applications
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(3) An application in respect of Tetlit
Gwich'in Yukon land shall be heard in Fort
McPherson, Northwest Territories, unless the
parties agree otherwise.
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| Compensation
for
expropriation
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(4) 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
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| Transfer of
land
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(5) 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.
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Inconsistencies |
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| Inconsistency
between final
agreement
and Act
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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.
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| Inconsistency
between
Transboundar
y Agreement
and Act
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(2) 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.
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| Inconsistency
between order
and Act or
document
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5. 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.
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APPLICATION |
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| Application of
Parts I and IV
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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.
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HER MAJESTY |
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| Binding on
Her Majesty
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7. This Act is binding on Her Majesty in
right of Canada or a province.
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PART I |
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YUKON SURFACE RIGHTS BOARD |
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Establishment and Organization of Board |
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| Establishment
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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.
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| Odd number
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(2) The Minister shall make such
appointments as are necessary to ensure that
an odd number of members holds office at any
time.
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| Appointment
of
Chairperson
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9. (1) The Chairperson shall be appointed
on the recommendation of the Board.
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| Appointment
of other
members
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(2) Half of the members, other than the
Chairperson, shall be appointed on the
nomination of the Council for Yukon Indians.
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| Residency
qualification
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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.
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| Effect of
ceasing to be
resident
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(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.
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| No
disqualificatio
n
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(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.
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| Term of office
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11. (1) Subject to subsection (2), a member
shall be appointed to hold office for a term of
three years.
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| Term of first
members
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(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.
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| Tenure
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(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).
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| Vacancy
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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.
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| Reappointmen
t
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13. A member is eligible to be reappointed
to the Board in any capacity.
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| Duties of
Chairperson
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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.
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| Remuneration
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15. (1) Each member shall be paid such fees
or other remuneration as the Treasury Board
may fix.
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| Expenses
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(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.
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| Workers
compensation
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(3) A member is deemed to be an employee
for the purposes of the Government
Employees Compensation Act and to be
employed in the public service of Canada for
the purposes of any regulation made pursuant
to section 9 of the Aeronautics Act.
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Head Office and Meetings |
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| Head office
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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.
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| Business
meetings
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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.
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| Participation
by telephone
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(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.
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By-laws |
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| By-laws
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18. The Board may make by-laws
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General Powers |
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| Staff
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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.
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| Government
facilities and
information
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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.
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| Property and
contracts
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21. (1) The Board may, for the purposes of
conducting its business,
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| Legal
proceedings
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(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.
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Status |
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| Not an agent
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22. The Board is not an agent of Her
Majesty in right of Canada.
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Financial Provisions |
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| Annual
budget
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23. (1) The Board shall annually submit a
budget for the next following fiscal year to the
Minister for consideration.
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| Funding for
training and
language
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(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.
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| Accounts
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(3) The Board shall maintain books of
account and records in relation thereto in
accordance with accounting principles
recommended by the Canadian Institute of
Chartered Accountants or its successor.
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| Consolidated
financial
statements
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(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.
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| Audit
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(5) The accounts, financial statements and
financial transactions of the Board shall be
audited annually by the Auditor General of
Canada and a report of the audit shall be made
to the Board and forthwith sent to the Minister.
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Reports |
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| Special
reports
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24. On request of the Minister, the Board
shall report to the Minister on
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| Annual report
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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.
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| Publication
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(2) The Board shall publish the annual
report.
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