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The Board and an overview of its process

About the Board

The Yukon Surface Rights Board (the “Board”) is a tribunal whose primary role is to resolve access disputes between those owning or having an interest in the surface of the land and others with access rights to the land. These disputes are primarily related to accessing or using Yukon First Nation settlement land and, in certain circumstances, disputes involving access to or use of non-settlement land. For example the Board’s 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.

An overview of the Board's process

The Board’s process starts when the parties are unable to reach an agreement and a party applies to the Board. The Board is intended to be the last means of resolving disputes. Consequently, applicants must attempt to resolve their disputes through negotiation before they apply to the Board for an order.

When the Board accepts an application it will first offer mediation to the parties. If mediation is unsuccessful the Board will proceed with a hearing. Hearing procedures follow the format prescribed in the Yukon Surface Rights Board Act and the Board’s Rules of Procedure. Orders of the Board are binding and may be enforced in the same manner as an order of the Supreme Court of Yukon.

Flow Chart of the Board's Process for Resolving Disputes

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