Bill C-55

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Royal Assent

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	Reservations
Definitions	59. In this section and sections 60 to 62,
``land'' « terre »	``land'' includes any interest in land recognized by law;
``reservation'' « réserve »	``reservation'' means
	(a) a reservation made in the land records of the Northern Affairs Program of the Department of Indian Affairs and Northern Development, or
	(b) in the case of land under the administration and control of the Commissioner of the Yukon Territory, a reservation or notation made in the land records of the Lands Branch of the Department of Community and Transportation Services of the Government of the Yukon Territory.
Order in respect of a reservation	60. On application by a Yukon first nation, the Board shall make an order fixing the compensation to be provided by the Government for whose benefit the reservation was made for any diminution in the value of settlement land resulting from the continuation of the reservation after the date of a declaration under section 5.7.4 of a final agreement that the land remains settlement land subject to the reservation.
Compensation	61. (1) In determining the amount of compensation, the Board may consider such factors as it deems appropriate and, without limiting the generality of the foregoing, shall consider
	(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) any impact on fish and wildlife harvesting on the land;
	(e) any nuisance, including that caused by noise, or inconvenience or damage to the land that may be caused by the activities for which the land is reserved;
	(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.
Compensation	(2) The Board shall not
	(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.
Form of compensation	(3) The compensation may be in any form or combination of forms, including money and, if requested by the Yukon first nation, Crown land that is administered by the Government for whose benefit the reservation was made and that is within the traditional territory of the Yukon first nation if the land is identified by the Yukon first nation and is available.
Payment	(4) The Board may require compensation in the form of money to be paid by one lump sum payment or by periodic payments of equal or different amounts and may require the payment of interest, at a rate to be determined in accordance with the regulations, on compensation payments made after the day on which they are required to be made.
Land compensation	62. (1) If a Yukon first nation requests Crown land as all or part of the compensation, the Board shall
	(a) determine 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 Government to transfer to the Yukon first nation the amount of the available land that is necessary to provide the compensation in land.
Balance of compensation	(2) If the land transferred pursuant to an order under paragraph (1)(c) is not sufficient to provide the compensation in land, the Board shall order the Government to provide the balance of the compensation in any other form or combination of forms.
Factors	(3) In determining the value of Crown land that is to be transferred to the Yukon first nation, the Board may consider such factors as it deems appropriate and, without limiting the generality of the foregoing, shall consider
	(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.
When land not available	(4) For the purposes of this section, Crown land is not available if it is
	(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 any department or agency of a Government or any municipal government, unless the 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.
	Designation of Settlement Land
Designation of land	63. (1) Where land within the traditional territory of a Yukon first nation is to be transferred, pursuant to an order of the Board or as a result of negotiation, to the Yukon first nation as compensation for the expropriation of settlement land or for any diminution in the value of settlement land resulting from the continuation of a reservation after the date of a declaration under section 5.7.4 of a final agreement, on application by the Minister or Yukon first nation, the Board shall make an order designating the land as
	(a) category A settlement land, if mines and minerals are included, or as category B settlement land or fee simple settlement land, if they are not included; and
	(b) developed settlement land or undeveloped settlement land.
Priority of designation order	(2) Before making a determination or an order under paragraph 57(1)(b) or (c) or (2)(c) or (d) or 62(1)(b) or (c) in relation to land, the Board shall make an order under subsection (1) designating the land.
	Additional Functions of the Board
Additional functions of Board	64. The Board shall, in addition to exercising the powers and performing the duties and functions conferred or imposed on the Board by this Act, exercise the powers and perform the duties and functions conferred or imposed on it by the regulations in relation to any particular parcel of settlement land.
	PART III
	MINERAL RIGHTS DISPUTES ON NON-SETTLEMENT LAND
Order respecting interpretation	65. On application by
	(a) a person, other than Government, who has an interest or right in the surface of non-settlement land, or
	(b) a person, other than Government, who has a mineral right with a right of access under subsection 5.01(1) of the Canada Oil and Gas Operations Act, section 17 of the Yukon Placer Mining Act or section 12, as restricted by section 14, of the Yukon Quartz Mining Act on that non-settlement land,
	the Board shall, in relation to a dispute between a person referred to in paragraph (a) and a person referred to in paragraph (b), make an order interpreting a provision referred to in paragraph (b) in relation to the right of access.
Nature of order	66. For greater certainty, the Board may not, in making an order under section 65 respecting a right of access provided for by a provision referred to in paragraph 65(b), create any right or make that right subject to a term or condition or otherwise restrict that right in a manner not provided for in that provision.
	PART IV
	GENERAL
	Decisions of the Board
Conditional orders	67. The Board may in any order direct that the order or any provision of the order come into force at a future time or on the happening of a specified contingency, event or condition or on the performance to the satisfaction of the Board, or a named person, of any terms that the Board may impose on any interested party, and the Board may direct that the order or any part of the order has force for a limited time or until the happening of a specified contingency, event or condition.
Costs	68. The costs relating to an application to or a hearing before the Board that are incurred by the parties are in the discretion of the Board and the Board may, by order, award such costs on or before the final disposition of the application.
Reasons for decisions	69. The Board shall give written reasons for every decision that it makes in relation to an application.
Copies	70. As soon as practicable after making a decision in relation to an application, the Board shall give copies of the decision and the reasons for it to the parties.
Proof of orders	71. A document purporting to be an order of the Board, or to be certified by the Chairperson of the Board or any other person authorized by the by-laws as a true copy of such an order, is evidence of the making of the order and of its contents, without proof of the signature or official character of the person appearing to have signed the order or certified the copy.
Order binding on successor	72. An order of the Board is binding on and the rights thereunder extend to any person who subsequently acquires the ownership of or other interest or right in the land to which the order relates and, in the case of an access order, the right of access and the right for which the right of access was acquired.
Enforcement of orders	73. An order of the Board may be made an order of the Supreme Court of the Yukon Territory by filing a certified copy of the order with the registrar of the Court and, when so made, the order is enforceable in the same manner as an order of that Court.
	Review of Orders
Findings of fact	74. Subject to sections 75 to 77, a determination of the Board on any question of fact within its jurisdiction is final and binding.
Review by Board	75. (1) Subject to subsection (2), the Board may, on application made by any person who was a party to the hearing held in respect of the order or any successor to such a party referred to in section 72, review any of its orders, including an order made under this section, where it appears that there has been a material change in the facts or circumstances relating to the order and shall
	(a) where it determines that there has been a material change in the facts or circumstances relating to the order that would justify the amendment applied for,
	(i) if the effects on the settlement land or on the Yukon first nation that owns the land that would be caused as a result of the amendment are significantly detrimental, revoke that order and make a new order accordingly, or
	(ii) in any other case, amend the order accordingly; or
	(b) in any other case, dismiss the application.
Exception	(2) The Board may not review under this section an order made under section 55, 60, 63 or 65.
Application for judicial review to Supreme Court	76. (1) Notwithstanding section 18 of the Federal Court Act, the Federal Court-Trial Division has concurrent original jurisdiction in respect of relief referred to in paragraph 18(1)(b) of that Act, and the Attorney General of Canada, the Territorial Minister or anyone directly affected by the matter in respect of which relief is sought may make an application for judicial review to the Supreme Court of the Yukon Territory for any relief that the applicant could otherwise obtain in respect of the Board by way of an application for an order of or in the nature of mandamus, prohibition or certiorari or by way of an action for a declaration or an injunction.
Limitation period	(2) An application for judicial review in respect of a decision or order of the Board must be made within thirty days after the day on which the decision or order was first communicated to the office of the Deputy Attorney General of Canada, the Territorial Minister or the party directly affected by the order, or within such further period as a judge of the Supreme Court may, either before or after the end of those thirty days, fix.
Powers of Court	(3) On an application for judicial review, the Supreme Court may
	(a) order the Board to do any act or thing that it has unlawfully failed or refused to do or has unreasonably delayed in doing; or
	(b) prohibit, restrain, declare invalid or unlawful, quash, set aside or set aside and refer back for determination in accordance with such directions as it considers appropriate, any decision, order, act or proceeding of the Board.
Grounds for review	(4) The Supreme Court may grant relief if it is satisfied that the Board
	(a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;
	(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
	(c) erred in law in making a decision or order, whether or not the error appears on the face of the record;
	(d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;
	(e) acted, or failed to act, by reason of fraud or perjured evidence; or
	(f) acted in any other way that was contrary to law.
Technical irregularity	(5) The Supreme Court may refuse any application for judicial review founded solely on a defect in form or other technical irregularity if it finds that no substantial wrong or miscarriage of justice has occurred and, if the technical irregularity was in a decision or order, it may make an order validating the decision or order, effective from such time and on such terms as it considers appropriate.
Interim orders	(6) On an application for judicial review, the Supreme Court may make such interim orders as it considers appropriate pending final disposition of the application.
Constitutional questions	77. (1) Where the constitutional validity, application or operation of an Act of Parliament or an ordinance of the Yukon Territory, or of a regulation thereunder, is in question before the Supreme Court of the Yukon Territory or the Board in a proceeding under this Act, the Act, ordinance or regulation shall not be adjudged to be invalid, inapplicable or inoperable unless notice has been served on the Attorney General of Canada and the Territorial Minister.
Time of notice	(2) Except where otherwise ordered by the Supreme Court or Board, the notice shall be served at least ten days before the day on which the constitutional question is to be argued.
Notice of appeal or application for judicial review	(3) The Attorney General of Canada and the Territorial Minister are entitled to notice of any appeal or application for judicial review made in respect of the constitutional question.
Evidence	(4) The Attorney General of Canada and the Territorial Minister are entitled to adduce evidence and make submissions to the Supreme Court or Board in respect of the constitutional question and, where either Minister makes submissions, that Minister shall be deemed to be a party to the proceedings for the purposes of any appeal in respect of the question.