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Disputes

What sorts of disputes does the Board hear?

The Board’s primary responsibility is to hear and decide disputes related to accessing or using Yukon First Nation settlement land and, in certain circumstances, disputes involving access to or use of non-settlement land.

Settlement land

In relation to settlement land the responsibilities of the Board, include:

  • resolving access disputes between a Yukon First Nation and a person with a right to enter and use, cross, or stay on that Yukon First Nation’s settlement land;
  • resolving access disputes between a Yukon First Nation and a person with right to access settlement land in order to exercise a mineral right;
  • resolving disputes between Government and a Yukon First Nation relating to Government’s use or restoration of gravel quarries located on settlement land; and
  • determining the compensation to be provided to a Yukon First Nation for the expropriation of settlement land.

Non-settlement land

In relation to non-settlement land the primary responsibility of the Board is to resolve disputes between a person with a right or interest in the surface of the land, for example a landowner, and a person who has a right of access to that land under a mineral right. The Board’s specific responsibilities under the Placer Mining Act (Yukon) and the Quartz Mining Act (Yukon) are to hear and determine disputes about compensation to be paid under those Acts for loss or damages, or about the adequacy of security required by the mining recorder.

What to do if there is a dispute?

Negotiate

The Yukon Surface Rights Board (the 'Board') is intended to be the last means of resolving disputes that fall within the Board’s jurisdiction. Consequently, applicants must attempt to resolve their disputes through negotiation before they apply to the Board for an order. Negotiation attempts must be documented and meet the minimum requirements outlined in the Board’s Rules of Procedure. Attempts at negotiation may include:

  • Telephone discussions
  • In-person meetings
  • Mediation attempts
  • Correspondence between parties

What to do if negotiations are unsuccessful?

Apply to the Board

Resource

The Guide to Making an Application to the Yukon Surface Rights Board has helpful hints on completing and filing an application