Bill C-55

Jurisdiction of the Board

Applications and Hearings

(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.

Records

(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;

(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

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

Rules

(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

(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).

(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;

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

(c) respecting the allowance of costs, including rules

(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

(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.

PART II

SETTLEMENT LANDS

Rights of Access Subject to Consent or Order

(a) terms and conditions respecting any of the following matters, namely,

(i) the times when the right may be exercised,

(ii) the giving of notice,

(iii) limitations on the location in which the right may be exercised and on routes of access,

(iv) limitations on the number of persons exercising the right,

(v) limitations on the activities that may be carried on and on the equipment that may be used,

(vi) subject to any regulations made under paragraph 78(c), the giving of security in the form of a letter of credit, guarantee or indemnity bond or insurance or any other form satisfactory to the Board and the purposes for which the security is given,

(vii) the payment of the entry fee, in the amount established by the rules of the Board, to the Yukon first nation and, in the case of an interim access order, to any affected interest holder designated by the Board,

(viii) the payment of compensation for the exercise of the right and any damages resulting from that exercise to the Yukon first nation and, in the case of an interim access order, to any affected interest holder designated by the Board,

(ix) abandonment and restoration work, and

(x) the right of a Yukon first nation to verify, by inspection or otherwise, whether the other terms and conditions have been complied with; and

(b) any other terms and conditions that the Board considers appropriate for reducing any conflict between the exercise of that right and the use and peaceful enjoyment of the settlement land by the Yukon first nation and, in the case of an interim access order, any affected interest holder designated by the Board.

(a) the entry fee shall be allocated by the Board among the Yukon first nation and any affected interest holders designated by the Board; and

(b) no additional entry fee is payable on the issuance of an order finalizing the interim access order.

(a) the market value of the settlement land;

(b) any loss of, or interference with, the use of the land and any loss of opportunity in connection therewith;

(c) any impact on the fish and wildlife, and their habitat, on the land;

(d) in all cases, any impact on fish and wildlife harvesting on the land and, in the case of Tetlit Gwich'in Yukon land described in Annex B of the Transboundary Agreement, on the gathering of plants on the land;

(e) any nuisance, including that caused by noise, or inconvenience or any damage to the land that may be caused by the applicant in exercising the right of access;

(f) any cultural or other special value of the land to the Yukon first nation;

(g) any expenses associated with the implementation of the order, including monitoring and inspection expenses;

(h) any impact on other settlement land of the Yukon first nation; and

(i) any compensation paid or payable to the same person by or pursuant to another authority for the exercise of the right of access or for any damages resulting from that exercise.

(a) decrease the amount of compensation on account of any reversionary interest remaining in the Yukon first nation or of any entry fee payable; or

(b) increase the amount of compensation on account of any aboriginal claim, right, title or interest or of the value of mines and minerals on or under category B settlement land or fee simple settlement land.