Bill C-55
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| Definition of
``Tetlit
Gwich'in
Yukon land''
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(8) In this section, ``Tetlit Gwich'in Yukon
land'' means land as described in Annex B, as
amended from time to time, to Appendix C of
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.
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| R.S., c. R-3
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Railway Act
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93. The Railway Act is amended by
adding the following after section 137:
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| Settlement
land
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138. (1) No company shall, if the Yukon
first nation concerned does not consent
thereto, take possession of or occupy any
portion of any settlement land as defined in
section 2 of the Yukon Surface Rights Board
Act without the consent of the Governor in
Council.
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| Tetlit
Gwich'in
Yukon land
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(2) No company shall, if the Gwich'in
Tribal Council does not consent thereto, take
possession of or occupy any portion of any
Tetlit Gwich'in Yukon land without the
consent of the Governor in Council.
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| Notice of
intention
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(3) Where an interest in land referred to in
subsection (1) or (2) is to be taken possession
of or occupied without the consent of the
Yukon first nation or Gwich'in Tribal Council,
as the case may be,
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| Definition of
``Tetlit
Gwich'in
Yukon land''
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(4) In this section, ``Tetlit Gwich'in Yukon
land'' means land as described in Annex B, as
amended from time to time, to Appendix C of
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.
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94. The Act is amended by adding the
following after section 165:
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| Exception
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165.1 Notwithstanding any other provision
of this Act, any dispute as to the compensation
payable in respect of land described in section
138 may be heard and determined only by the
Yukon Surface Rights Board under and in
accordance with the Yukon Surface Rights
Board Act.
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| R.S., c. Y-3
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Yukon Placer Mining Act
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95. Section 18 of the Yukon Placer Mining
Act is replaced by the following:
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| Security for
damages
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18. (1) No person shall enter on for mining
purposes or shall mine on lands owned or
lawfully occupied by another person until
adequate security is given, to the satisfaction
of a mining recorder, for any loss or damage
that may be thereby caused.
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| Dispute
respecting
security
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(2) Any dispute respecting a decision of the
mining recorder under subsection (1) as to the
security to be given shall be heard and
determined by the Yukon Surface Rights
Board in accordance with the Yukon Surface
Rights Board Act on application by the person
who is to give the security or the owner or
lawful occupant of the lands.
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| Compensation
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18.1 Persons locating, prospecting,
entering on for mining purposes or mining on
lands owned or lawfully occupied by another
person shall make full compensation to the
owner or occupant of the lands for any loss or
damage so caused, which compensation, in
case of dispute, shall be determined by the
Yukon Surface Rights Board in accordance
with the Yukon Surface Rights Board Act.
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96. Section 71 of the Act is replaced by the
following:
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| Compensation
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71. Every person granted permission to run
a drain or tunnel shall pay, before construction
of the drain or tunnel commences, monetary
compensation to the owner of the land or of
any claim entered on by that person for any
damage they may sustain by the construction
of the drain or tunnel, and the compensation,
if not agreed on, shall be settled by
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97. The Act is amended by adding the
following after section 80:
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SURFACE RIGHTS APPLICATIONS |
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| Application
for relief
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80.1 (1) Any person who owns a claim and
who considers that the claim may be forfeited,
or that any other rights of the person under this
Act may be prejudiced, because of a delay in
performing work required by this Act that is
caused by an application before the Yukon
Surface Rights Board under the Yukon Surface
Rights Board Act may apply to a mining
recorder for relief from the requirement to
perform the work or any limitation period
imposed by this Act.
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| Waiver or
extension
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(2) On application in the form prescribed by
the mining recorder made under subsection
(1) no later than fourteen days after the
expiration of the period within which the work
is to be performed or of the limitation period,
the mining recorder may waive the
requirement to perform the work or waive or
extend the limitation period if the mining
recorder is satisfied that the waiver or
extension is required to avoid any prejudice to
the applicant and that the applicant could not
otherwise reasonably avoid the prejudice.
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| R.S., c. Y-4
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Yukon Quartz Mining Act
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98. Section 15 of the Yukon Quartz Mining
Act is renumbered as subsection 15(1) and
is amended by adding the following:
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| Dispute
respecting
security
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(2) Any dispute respecting a decision of the
mining recorder under subsection (1) as to the
security to be given shall be heard and
determined by the Yukon Surface Rights
Board in accordance with the Yukon Surface
Rights Board Act on application by the person
who is to give the security or the owner or
lawful occupant of the lands.
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| 1994, c. 26,
s. 79
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99. Section 15.1 of the Act is replaced by
the following:
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| Compensation
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15.1 Persons locating, prospecting,
entering on for mining purposes or mining on
lands owned or lawfully occupied by another
person shall make full compensation to the
owner or occupant of the lands for any loss or
damage so caused, which compensation, in
case of dispute, shall be determined by the
Yukon Surface Rights Board in accordance
with the Yukon Surface Rights Board Act.
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100. The heading before section 105 of the
Act is replaced by the following:
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AUTHORIZATION FOR ACCESS |
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101. Sections 106 to 112 of the Act are
replaced by the following:
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| Permission for
referral to
Yukon
Surface
Rights Board
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106. (1) Where the surface rights of a
mineral claim have been patented, or have
been disposed of by the Crown under any Act
or regulation that contemplates the earning of
patent for the surface rights, and the holder or
lessee of the mineral claim cannot make an
arrangement with the owner or occupant of the
surface rights or the agent of the owner or
occupant for entry on the location, or for the
acquisition of such interest in the surface
rights as may be necessary for the efficient and
economical operation of the rights acquired
under the record or lease, the holder or lessee
may, if the mineral rights in the land subject to
access and the right to use and occupy such
portion of the land as may be necessary for the
effectual working of the minerals have been
reserved to the Crown in the original grant of
the surface rights, apply to the Minister for
permission to refer the matter in dispute to the
Yukon Surface Rights Board established by
the Yukon Surface Rights Board Act.
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| Referral to
Board
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(2) On receiving written permission from
the Minister, the holder or lessee may refer the
matter in dispute to the Yukon Surface Rights
Board.
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| For greater
certainty
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(3) For greater certainty, subsections (1)
and (2) apply in respect of settlement land as
defined in section 2 of the Yukon Surface
Rights Board Act and Tetlit Gwich'in Yukon
land as if that land had been patented, except
where the mineral claim is a new mineral right
as defined in section 2 of that Act.
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| Definition of
``Tetlit
Gwich'in
Yukon land''
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(4) In this section, ``Tetlit Gwich'in Yukon
land'' means land as described in Annex B, as
amended from time to time, to Appendix C of
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.
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| Order of
Board
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107. Where a matter is referred to the Yukon
Surface Rights Board pursuant to subsection
106(2), the Board shall, after taking into
consideration the rights of the owner or
occupant and the needs of the lessee, or holder
of the mineral claim, make an order in
accordance with the Yukon Surface Rights
Board Act in respect of the matter determining
the portion of the surface rights that the lessee
or holder may reasonably acquire for the
efficient and economical operation of the
rights and privileges granted under the lease or
record, the exact position thereof and the
amount of compensation therefor to which the
owner or occupant is entitled.
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| How
valuation
made
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108. In determining the amount of
compensation pursuant to section 107, the
Yukon Surface Rights Board shall determine
the value of the land irrespective of any
enhancement of the land from the existence of
minerals thereunder.
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SURFACE RIGHTS APPLICATIONS |
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| Application
for relief
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109. (1) Any owner of a mineral claim who
considers that the claim may be forfeited, or
that any other rights of the owner under this
Act may be prejudiced, because of a delay in
performing work required by this Act that is
caused by an application before the Yukon
Surface Rights Board under the Yukon Surface
Rights Board Act may apply to a mining
recorder for relief from the requirement to
perform the work or any limitation period
imposed by this Act.
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| Waiver or
extension
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(2) On application in the form prescribed by
the mining recorder made under subsection
(1) no later than fourteen days after the
expiration of the period within which the work
is to be performed or of the limitation period,
the mining recorder may waive the
requirement to perform the work or waive or
extend the limitation period if the mining
recorder is satisfied that the waiver or
extension is required to avoid any prejudice to
the applicant and that the applicant could not
otherwise reasonably avoid the prejudice.
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| 1992, c. 40
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Yukon Waters Act
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102. Section 31 of the Yukon Waters Act is
amended by adding the following after
subsection (5):
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| Approval of
Governor in
Council to
expropriate
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(5.1) Where the land required by an
applicant or licensee is settlement land as
defined in section 2 of the Yukon Surface
Rights Board Act or Tetlit Gwich'in Yukon
land, the permission of the Minister granted
pursuant to subsection (1) is subject to the
approval of the Governor in Council and, for
the purposes of applying subsections (2) and
(3) in respect of such land, the date on which
the approval of the Governor in Council is
obtained shall be substituted for the date on
which permission is granted by the Minister
pursuant to subsection (1) and a copy of the
document evidencing the approval of the
Governor in Council shall be deposited in
accordance with subsection (4).
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| Notice of
intention
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(5.2) Where an interest in land referred to in
subsection (5.1) is to be affected as described
in subsection (1) without the agreement of the
Yukon first nation or Gwich'in Tribal Council,
as the case may be,
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| Definition of
``Tetlit
Gwich'in
Yukon land''
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(5.3) In this section, ``Tetlit Gwich'in
Yukon land'' means land as described in
Annex B, as amended from time to time, to
Appendix C of 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.
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Coming into Force |
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| Coming into
force
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103. This Act comes into force on a day to
be fixed by order of the Governor in
Council.
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