Nuclear Energy Act

Marginal note:Powers of Minister

• 10 (1) The Minister may

  • (a) undertake or cause to be undertaken research and investigations with respect to nuclear energy;

  • (b) with the approval of the Governor in Council, utilize, cause to be utilized and prepare for the utilization of nuclear energy;

  • (c) with the approval of the Governor in Council, lease or, by purchase, requisition or expropriation, acquire or cause to be acquired nuclear substances and any mines, deposits or claims of nuclear substances and patent rights or certificates of supplementary protection issued under the Patent Act relating to nuclear energy and any works or property for production or preparation for production of, or for research or investigations with respect to, nuclear energy; and

  • (d) with the approval of the Governor in Council, license or otherwise make available or sell or otherwise dispose of discoveries and inventions relating to, and improvements in processes, apparatus or machines used in connection with, nuclear energy, patent rights and certificates of supplementary protection acquired under this Act and collect royalties and fees on and payments for those licences, discoveries, inventions, improvements, patent rights and certificates.

• Marginal note:Exception

  (2) No interest in settlement land as defined in section 2 of the Yukon Surface Rights Board Act may be expropriated under subsection (1) without the approval of the Governor in Council.

• Marginal note:Exception

  (3) No interest in Tetlit Gwich’in Yukon land may be expropriated under subsection (1) without the approval of the Governor in Council.

• Marginal note:Notice of intention

  (4) Where an interest in land referred to in subsection (2) or (3) is to be expropriated,

  • (a) a public hearing in respect of the location and extent of the land to be expropriated shall be held in accordance with the following procedure:

    • (i) notice of the time and place for the public hearing shall be given to the Yukon first nation or Gwich’in Tribal Council and the public,

    • (ii) at the time and place fixed for the public hearing, an opportunity shall be provided for the Yukon first nation or Gwich’in Tribal Council and the public to be heard,

    • (iii) costs incurred by any party in relation to the hearing are in the discretion of the person or body holding the hearing and may be awarded on or before the final disposition of the issue, and

    • (iv) a report on the hearing shall be prepared and submitted to the Minister; and

  • (b) notice of intention to obtain the approval of the Governor in Council shall be given to the Yukon first nation or Gwich’in Tribal Council on completion of the public hearing and submission of a report thereon to the Minister.

• Marginal note:Definition of Tetlit Gwich’in Yukon land

  (5) 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.