Bill C-55

Additional Terms for Right of Access Not Subject to Consent

(a) make an order establishing terms and conditions that specify seasons, times, locations, methods of access or manner of access; or

(b) dismiss the application.

(a) protecting the environment;

(b) protecting fish or wildlife or their habitat;

(c) reducing conflicts between the exercise of that right and the traditional or cultural uses of settlement land by the Yukon first nation or a Yukon Indian person; or

(d) protecting the use and peaceful enjoyment of land used for communities or residences.

(a) restrict law enforcement or any inspection authorized by law;

(b) impose a fee or charge for the exercise of that right; or

(c) unreasonably restrict the exercise of that right.

Disputes respecting Rights of Access Not Subject to Consent

(a) the camp or structure substantially alters, or would substantially alter, the right to use that waterfront right-of-way as described in paragraph 2(1)(a) of Schedule II; or

(b) there is a reasonable alternate area for the exercise of the right to use a waterfront right-of-way as described in paragraph 2(1)(a) of Schedule II.

Specified Substances Disputes

Quarry Disputes

(a) prior to the selection of the settlement land for the final agreement of the Yukon first nation concerned or for the Transboundary Agreement, or

(b) within the period specified in the final agreement or Transboundary Agreement for identification of quarries or, if no period is so specified, within two years after the date that Agreement takes effect;

(a) a pit, excavation or other place that is made by any means for the purpose of removing rock, gravel, sand, marl, clay, earth, silt, pumice, volcanic ash or any other material, or any material derived therefrom or occurring as a constituent part thereof, used in the construction and maintenance of public roads and other public works, or

(b) a site identified for the purpose referred to in paragraph (a),

and includes works, machinery, plants and buildings below or above ground belonging to or used in connection with a such a place or site.

(a) resolving any dispute as to whether the Government needs a new quarry or whether a suitable alternate quarry is available on non-settlement land in the surrounding area; or

(b) establishing terms and conditions for the use by the Government of the new quarry.

Expropriation

(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 as a result of the expropriation;

(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; and

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

(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.

(a) determine whether the authority holds the land identified by the Yukon first nation and, if so, whether the land is within the traditional territory of the Yukon first nation and is available;

(b) determine the value of the land that is available; and

(c) order the authority to transfer to the Yukon first nation the amount of the available land that is necessary to provide the compensation in land.

(a) notify the Minister and Territorial Minister to that effect;

(b) determine whether either Government holds land contiguous to the settlement land concerned and, if so, whether the land is within the traditional territory of the Yukon first nation and is available;

(c) determine the value of the land that is available; and

(d) order the Government to transfer to the Yukon first nation the amount of the available land that, together with any land transferred pursuant to an order under paragraph (1)(c), is necessary to provide the compensation in land.

(a) the market value of the land;

(b) the value of fish and wildlife harvesting and of the gathering of plants on the land to the Yukon first nation;

(c) any potential effect of the transfer of the land on settlement land of the Yukon first nation; and

(d) any cultural or other special value of the land to the Yukon first nation.

(a) land that is subject to a lease or an agreement for sale, unless the Government and the holder of the interest consent to the land being available;

(b) land that is determined by the Board to be occupied or used, or required for future use, by the authority, any department or agency of a Government or any municipal government, unless the authority, department, agency or government consents to the land being available;

(c) land that is within thirty metres of the boundary line between the Yukon Territory and Alaska, British Columbia or the Northwest Territories;

(d) land the provision of which to a Yukon first nation would, in the determination of the Board, unreasonably limit the expansion of any community or the access by any person to navigable waters or highways;

(e) a highway or highway right-of-way; or

(f) any other land that is determined by the Board not to be available.

(a) fix compensation for anything other than improvements to the settlement land; or

(b) fix compensation in an amount that, together with all other compensation provided to 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.

(a) take into consideration the cultural or other special value to the Yukon first nation of the land or any land to be provided as compensation for the expropriation; or

(b) fix compensation for improvements to the settlement land in an amount that, together with all other compensation for improvements provided to 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.