Yukon Surface Rights Board Act (S.C. 1994, c. 43)

Marginal note:Special reports

24. On request of the Minister, the Board shall report to the Minister on

• (a) the operations of the Board;

• (b) the number of applications made to the Board;

• (c) the orders made by the Board; or

• (d) such other matters as the Minister may specify.

Marginal note:Annual report

• 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.

• Marginal note:Publication

  (2) The Board shall publish the annual report.

Marginal note:Negotiations

• 26. (1) No person may apply to the Board for an order unless the person has attempted to resolve the matter in dispute by negotiation in accordance with the rules made under paragraph 39(1)(a) or, until such rules have been made, in a manner satisfactory to the Board.

• Marginal note:Resolved matters

  (2) The Board may not hear or make an order in respect of any matter that was resolved by negotiation unless the parties consent thereto or it appears that there has been a material change in the facts or circumstances that formed the basis of the negotiated resolution.

• Marginal note:Matters not raised

  (3) The Board may not make an order in respect of a matter that is not raised by any of the parties.

Marginal note:Informal and expeditious

27. An application before the Board shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit.

Marginal note:General powers of Board

28. The Board has, with respect to the attendance and examination of witnesses, the production and inspection of documents and all other matters necessary or proper in relation to applications before the Board, all the powers, rights and privileges of a superior court.

Marginal note:Parties to a hearing

29. The following are parties to a hearing before the Board:

• (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.