Chapter 5 - Tenure and Management of Settlement Land
5.1.0 Definitions
In this chapter, the following definitions shall apply.
"Land Titles Office" means the Land Titles Office for the Yukon Land
Registration District or its successor.
"Royalty" means any amount, paid in money or in kind, in respect of Mines
and Minerals produced by a Person holding an Existing Mineral Right, but not
including any payment made for a service, for the creation of special
purposes funds, for the issuance of a right or interest or for the granting of an
approval or authorization, any payment required regardless of the ownership
of the Mines and Minerals, or any payment for incentives.
5.2.0 General
5.2.1
Nothing in Settlement Agreements shall be construed as affecting any
aboriginal claim, right, title or interest in and to Settlement Land, except to the
extent that they are inconsistent with the Settlement Agreements.
5.2.2
Nothing in this chapter constitutes an admission by Government that an
aboriginal claim, right, title or interest can co-exist with the rights described in
5.4.1.1(a) and 5.4.1.2, or with a treaty.
5.2.3
Each Yukon First Nation shall register in the Land Titles Office as soon as
practicable its title to Fee Simple Settlement Land and its fee simple title in
the Mines and Minerals in and under Category A Settlement Land.
5.2.4
No fee or charge shall be payable in respect of the initial registration by a
Yukon First Nation of its title to Fee Simple Settlement Land and its fee
simple title in the Mines and Minerals in and under Category A Settlement
Land.
5.2.5
Nothing in this chapter shall be construed to preclude a Yukon First Nation or
Yukon Indian People from acquiring or holding interests in Non-Settlement
Land.
5.2.6
Settlement Land shall be deemed not to be lands reserved for Indians within
the meaning of section 91(24) of the Constitution Act, 1867, nor a Reserve.
5.2.7
Government shall have no obligation or liability in respect of Settlement Land,
or in respect of any dealings with Settlement Land by any Person, by virtue of
any property interest Government may have as a result of the regime of
tenure established under 5.4.1.1(a) and 5.4.1.2.
5.3.0 Maps and Descriptions
5.3.1
Maps, and legal descriptions where available, of Settlement Land for each
Yukon First Nation, and descriptions setting out any reservations, exceptions,
restrictions, easements, rights-of-way or special conditions that the parties to
a Yukon First Nation Final Agreement agree apply to a Parcel of Settlement
Land shall be annexed to and form part of that Yukon First Nation Final
Agreement, and shall identify the Category A, Category B, Fee Simple
Settlement Land and Proposed Site Specific Settlement Land of that Yukon
First Nation.
Specific Provision
5.3.1.1
The descriptions of Settlement Land for the Kwanlin Dun First Nation
required by 5.3.1 are set out in Appendix A - Settlement Land
Descriptions, attached to this Agreement.
5.3.1.2
The maps referred to in 5.3.1 are set out in Appendix B - Maps, which
forms a separate volume to this Agreement.
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5.3.2
The boundaries of the Settlement Land of a Yukon First Nation shall be
defined pursuant to Chapter 15 - Definition of Boundaries and Measurement
of Areas of Settlement Land.
5.3.3
Plans of survey confirmed in accordance with Chapter 15 - Definition of
Boundaries and Measurement of Areas of Settlement Land shall be deposited
in the Land Titles Office and any system established under 5.5.1.4 applicable
to the Settlement Land dealt with in the survey.
5.3.4
Plans of survey confirmed under Chapter 15 - Definition of Boundaries and
Measurement of Areas of Settlement Land replace for all purposes any prior
map or description of a Parcel of Settlement Land dealt with by the survey.
5.3.5
The deposition of a plan of survey under 5.3.3 shall not be construed to affect
any aboriginal right, title or interest of a Yukon First Nation or any person
eligible to be a Yukon Indian Person it represents.
5.3.6
The designation of a Parcel of Settlement Land by the letters "C", "S" and "R"
is for convenience only and has no legal effect.
5.4.0 Settlement Land
5.4.1
A Yukon First Nation shall have by virtue of this chapter:
5.4.1.1
for Category A Settlement Land,
- the rights, obligations and liabilities equivalent to fee simple
excepting the Mines and Minerals and the Right to Work the
Mines and Minerals, and
- fee simple title in the Mines and Minerals, and the Right to Work
the Mines and Minerals;
5.4.1.2
for Category B Settlement Land the rights, obligations and liabilities
equivalent to fee simple reserving therefrom the Mines and Minerals
and the Right to Work the Mines and Minerals but including the
Specified Substances Right; and
5.4.1.3
for Fee Simple Settlement Land, fee simple title reserving therefrom
the Mines and Minerals and the Right to Work the Mines and Minerals
but including the Specified Substances Right.
5.4.2
The rights and titles described in 5.4.1 of a Yukon First Nation in Settlement
Land are subject to the following exceptions and reservations:
5.4.2.1
any right, title or interest less than the entire fee simple therein existing
at the date the land became Settlement Land;
5.4.2.2
any licence, permit and other right issued by Government for the use of
land or other resources existing at the date the land became
Settlement Land;
5.4.2.3
any renewal or replacement of a right, title or interest described in
5.4.2.1 or a licence, permit or other right described in 5.4.2.2;
5.4.2.4
any new licence, permit or other right in respect of,
- Petroleum which may be granted as of right to a Person holding a
right, title or interest described in 5.4.2.1, 5.4.2.2 or 5.4.2.3, and
- Mines and Minerals which may be granted pursuant to the Yukon
Quartz Mining Act, R.S.C. 1985, c. Y-4 or the Yukon Placer
Mining Act, R.S.C. 1985, c. Y-3 to a Person holding a right, title or
interest described in 5.4.2.1, 5.4.2.2 or 5.4.2.3;
5.4.2.5
any right-of-way, easement, reservation, exception, restriction, or
special condition agreed to by the parties to a Yukon First Nation Final
Agreement and set out therein pursuant to 5.3.1;
5.4.2.6
the Public Access for Wildlife Harvesting;
5.4.2.7
any Waterfront Right-of-Way;
5.4.2.8
the Flooding Right identified pursuant to 7.8.0;
5.4.2.9
the rights granted to Government in a Quarry identified pursuant to
18.2.0; and
5.4.2.10
any reservation agreed to pursuant to 5.7.4.2.
5.5.0 Yukon First Nation Management Powers
5.5.1
Subject to its Settlement Agreement, each Yukon First Nation, as owner of
Settlement Land, may exercise the following powers of management in
relation to its Settlement Land:
5.5.1.1
to enact bylaws for the use of and occupation of its Settlement Land;
5.5.1.2
to develop and administer land management programs related to its
Settlement Land;
5.5.1.3
to charge rent or other fees for the use and occupation of its
Settlement Land; and
5.5.1.4
to establish a system to record interests in its Settlement Land.
5.6.0 Administration by Government
5.6.1
For the purposes of 5.6.0, "Encumbering Right" means every licence, permit
or other right, and every right, title or interest described in 5.4.2.
5.6.2
Subject to 6.3.6, Government shall continue to administer every Encumbering
Right including granting renewals or replacements described in 5.4.2.3 and
new rights described in 5.4.2.4 in the public interest and in accordance with
the Legislation which would apply if Settlement Land were Crown Land.
5.6.3
Where Category A Settlement Land is subject to an Existing Mineral Right or
to a surface lease, existing at the date the affected land became Settlement
Land, held by a Mineral Right holder, Government shall account for and pay
to the affected Yukon First Nation as soon as practicable from time to time:
5.6.3.1
any Royalty received by Government for production after the date the
land became Settlement Land in respect of that Existing Mineral Right;
and
5.6.3.2
any non-refunded rents received by Government which were payable
after the date the land became Settlement Land in respect of that
Existing Mineral Right and of any surface lease, existing at the date the
affected land became Settlement Land, held by a Mineral Right holder.
5.6.4
Where Category B Settlement Land or Fee Simple Settlement Land is subject
to a surface lease, existing at the date the affected land became Settlement
Land, held by a Mineral Right holder, Government shall account for and pay
to the affected Yukon First Nation as soon as practicable from time to time,
any non-refunded rents received by Government which were payable after
the date the land became Settlement Land in respect of that existing surface
lease held by the Mineral Right holder.
5.6.5
Subject to 5.6.3, 5.6.4 and 5.6.6, Government shall retain for its own benefit
any fees, charges or other payments received in respect of any Encumbering
Right.
5.6.6
Where Settlement Land is subject to a timber harvesting agreement existing
at the date the land becomes Settlement Land, Government may agree in the
Yukon First Nation Final Agreement to account for and pay to the affected
Yukon First Nation any stumpage fee in respect of that timber harvesting
agreement received by Government which is payable after the date the land
becomes Settlement Land.
5.6.7
Government shall not have any fiduciary obligation to a Yukon First Nation for
the exercise of any discretionary or other power in relation to the
administration of any Encumbering Right.
5.6.8
Government shall indemnify and forever save harmless the Yukon First
Nations from and against all suits and actions, causes of action, claims,
demands, and damages by any Person arising from the continuing
administration of the Encumbering Right by Government.
5.6.9
Government shall Consult with the affected Yukon First Nation before
exercising any discretion to renew or replace an Encumbering Right, to issue
a new Encumbering Right, or to set any Royalty, rent or fee described in
5.6.3, 5.6.4 and 5.6.6.
5.6.10
If Legislation is amended to authorize Government to increase the term
permitted for an Encumbering Right, Government shall not increase the term
of that Encumbering Right pursuant to that amendment without the prior
consent of the affected Yukon First Nation.
5.6.11
Subject to the consent of the Minister, a Yukon First Nation and the holder of
an Encumbering Right may agree that the right be cancelled and replaced by
an interest provided by the Yukon First Nation.
5.6.12
The Minister may only refuse to consent under 5.6.11 if:
5.6.12.1
the holder of the Encumbering Right is in default of any obligation to
Government or has outstanding unsatisfied liabilities to Government
pursuant to the interest;
5.6.12.2
the Encumbering Right was granted under the Yukon Quartz Mining
Act, R.S.C. 1985, c. Y-4 and there is no "Certificate of
Improvements"issued thereunder or equivalent certificate issued under
any successor Legislation;
5.6.12.3
the Encumbering Right is a claim granted under the Yukon Placer
Mining Act, R.S.C. 1985, c. Y-3 and there is no plan of survey of the
claim approved in accordance with that Act or equivalent approval
under successor Legislation; or
5.6.12.4
there is a Person claiming an interest in the Encumbering Right.
5.7.0 Disclosure of Government Interests in Settlement Land
5.7.1
Government shall make best efforts to disclose to each Yukon First Nation,
before its final land selections are signed by the negotiators for its Yukon First
Nation Final Agreement, which, if any, of those lands are:
5.7.1.1
under the management, charge and direction of any department of
Government listed in Schedule I of the Financial Administration Act,
R.S.C. 1985, c. F-11, other than the Department of Indian Affairs and
Northern Development, or of any entity in Schedule II or III of that Act;
5.7.1.2
subject to reservations made in the land records of the Northern Affairs
Program, Department of Indian Affairs and Northern Development;
5.7.1.3
under the administration and control of the Commissioner and,
- under the management, charge and direction of any department
of the Yukon as defined in the Financial Administration Act, R.S.Y. 1986, c. 65,
- subject to a reservation and notation made in the land records of
the Lands Branch, Department of Community and Transportation
Services, or
- occupied by any department of the Yukon as defined in the
Financial Administration Act, R.S.Y. 1986, c. 65; or
5.7.1.4
any other land occupied by any department of the Yukon as defined in
the Financial Administration Act, R.S.Y. 1986, c. 65.
5.7.2
For the purpose of 5.7.1 and 5.7.4, "disclose" means to provide Territorial
Resource Base Maps at a scale of 1:20,000 or l:30,000 or Community
Reference Plans indicating thereon the land described in 5.7.1 and
accompanied by a list describing:
5.7.2.1
the department or entity having management, charge or direction of
the land in 5.7.1.1;
5.7.2.2.
the nature of the reservation in 5.7.1.2; and
5.7.2.3
the department having management, charge and direction of, or
occupying, the land in 5.7.1.3(a) or (c), or 5.7.1.4 or the nature of the
reservation in 5.7.1.3(b).
5.7.3
The obligation set out in 5.7.1 does not apply where the information described
in 5.7.1 is publicly available in the Land Titles Office.
5.7.4
If Government or a Yukon First Nation becomes aware of any information
described in 5.7.1 which has not been disclosed prior to that Yukon First
Nation ratifying its Yukon First Nation Final Agreement and which is not
publicly available in the Land Titles Office, that party shall provide the other
with the information, whereupon Government shall declare
5.7.4.1
that:
- the department or entity does not have the management, charge
or direction of the land,
- the reservation is cancelled, or
- the Commissioner does not have administration and control of the
land,
as the case may be, and, as of the date of the declaration, the
Settlement Land shall not be subject to such management, charge or
direction, reservation or administration and control and no
compensation shall be payable to the Yukon First Nation; or
5.7.4.2
in the cases of 5.7.1.2 or 5.7.1.3(b), that, with the agreement of the
affected Yukon First Nation, the land described in 5.7.1.2 or 5.7.l.3(b)
remains Settlement Land subject to the reservation and, as of the date
of the declaration, Government shall provide compensation as
determined pursuant to 7.5.0 to the Yukon First Nation for any
diminution in the value of the Settlement Land resulting from the
continuation of the reservation after the date of the declaration, and the
Settlement Land shall be subject to the reservation.
5.7.5
For the purposes of 5.7.1 and 5.7.4:
5.7.5.1
Government in 5.7.1.1 means Canada;
5.7.5.2
Government in 5.7.1.2 means the Government for whose benefit the
reservation was made; and
5.7.5.3
Government in 5.7.1.3 means the Yukon.
5.8.0 Beds of Waterbodies
5.8.1
Unless otherwise provided in the description referred to in 5.3.1, the portions
of the Bed of a lake, river or other waterbody within the boundaries of a
Parcel of Settlement Land shall be Settlement Land.
5.8.2
Unless otherwise provided in the description referred to in 5.3.1, the Bed of a
lake, river or other waterbody which is contiguous with a boundary of a Parcel
of Settlement Land shall not be Settlement Land.
5.9.0 Interests in Settlement Land - Less than Entire Interest in 5.4.1
5.9.1
Upon and subsequent to the happening of any of the following events:
5.9.1.1
the registration in the Land Titles Office of any interest in a Parcel of
Settlement Land, less than the entire interest set out in 5.4.1.1(a) or
5.4.1.2;
5.9.1.2
the expropriation of any interest in a Parcel of Settlement Land, less
than the entire interest set out in 5.4.1.1(a) or 5.4.1.2;
5.9.1.3
the granting of any interest in a Parcel of Settlement Land less than the
entire interest in 5.4.1.1(a) or 5.4.1.2 to any Person not enrolled under
that Yukon First Nation Final Agreement; or
5.9.1.4
the declaration of a reservation in a Parcel by Government pursuant to
5.7.4.2,
the interest registered, expropriated or granted or the reservation declared, as
the case may be, shall take priority for all purposes over:
5.9.1.5
any aboriginal claims, rights, titles and interests of the Yukon First
Nation and all persons eligible to be Yukon Indian People it represents,
their heirs, descendants and successors; and
5.9.1.6
the right to harvest described in 16.4.2,
in or to the Parcel referred to in 5.9.1.1, 5.9.1.2, 5.9.1.3 and 5.9.1.4, as the
case may be.
5.9.2
Each Yukon First Nation and all persons who are eligible to be Yukon Indian
People it represents, their heirs, descendants and successors undertake not
to exercise or assert:
5.9.2.1
any aboriginal claim, right, title or interest; or
5.9.2.2
any right to harvest described in 16.4.2,
in or to any Parcel referred to in 5.9.1.1, 5.9.1.2, 5.9.1.3 and 5.9.1.4 which
aboriginal claim, right, title or interest or right to harvest described in 16.4.2 is
in conflict or inconsistent with the interest described in 5.9.1.1, 5.9.1.2 and
5.9.1.3, or the reservation declared in 5.9.1.4, as the case may be.
5.10.0 Interests in Settlement Land - Entire Interest
5.10.1
Each Yukon First Nation and all persons eligible to be Yukon Indian People it
represents, shall be deemed to have ceded, released and surrendered to Her
Majesty the Queen in Right of Canada all their aboriginal claims, rights, titles
and interests, in and to the Parcels described hereunder and waters therein
upon the happening of any of the following events:
5.10.1.1
the registration in the Land Titles Office of the fee simple title in that
Parcel of Settlement Land;
5.10.1.2
the expropriation of the fee simple title in that Parcel of Settlement
Land; or
5.10.1.3
the granting of the fee simple interest in that Parcel of Settlement
Land.
5.10.2
A Yukon First Nation shall be deemed to have been granted immediately
before the happening of an event described in 5.10.1.1, 5.10.1.2 or 5.10.1.3
for that Parcel:
5.10.2.1
if Category A Settlement Land, fee simple title excepting the Mines and
Minerals and the Right to Work the Mines and Minerals, subject to,
- the reservations and exceptions set out in 5.4.2, other than
5.4.2.6, and
- the reservations to the Crown and exceptions which apply to a
grant of federally administered Crown Land under the Territorial
Lands Act, R.S.C. 1985, c. T-7 other than the reservations set out
in paragraphs 13(a) and (b) and 15(a) of that Act; and
5.10.2.2
if Category B Settlement Land, fee simple title reserving to the Crown
therefrom the Mines and Minerals and the Right to Work the Mines and
Minerals but including the Specified Substances Right, subject to,
- the reservations and exceptions set out in 5.4.2, and
- the reservations to the Crown and exceptions which apply to a
grant of federally administered Crown Land under the Territorial
Lands Act, R.S.C. 1985, c. T-7 other than the reservations set out
in paragraphs 13(a) and (b) and 15(a) of that Act.
5.10.3
The interest in Fee Simple Settlement Land set out in 5.4.1.3 shall be
deemed to be subject to the reservations to the Crown and exceptions which
would apply to a grant of federally administered Crown Land under the
Territorial Lands Act, R.S.C. 1985, c. T-7, other than the reservations set out
in paragraphs 13(a) and (b) and 15(a) of that Act, upon the happening of
either of the following events:
5.10.3.1
the expropriation of the fee simple title in a Parcel of Settlement Land;
or
5.10.3.2
the granting by a Yukon First Nation of its fee simple title in that Parcel
of Settlement Land.
5.11.0 Land Ceasing to be Settlement Land
5.11.1
Except for purposes of Chapter 23 - Resource Royalty Sharing, where a
Yukon First Nation becomes divested, either voluntarily or involuntarily, of all
its interest in land set out in 5.4.1.1(a) in a Parcel of Category A Settlement
Land, but retains some or all of its interest in the Mines and Minerals in that
Parcel, that Parcel and the retained interest in the Mines and Minerals in that
Parcel shall cease to be Settlement Land.
5.11.2
Where a Yukon First Nation becomes divested, either voluntarily or
involuntarily, of all its interest in land set out in 5.4.1.1(a), 5.4.1.2 or 5.4.1.3 in
a Parcel of Settlement Land, that Parcel shall cease to be Settlement Land.
5.12.0 Reacquisition
5.12.1
Where land which is or was subject to the operation of 5.10.0 is reacquired by
a Yukon First Nation in fee simple, whether including or excluding the Mines
and Minerals, that Yukon First Nation may declare the land to be Settlement
Land and thereafter the land shall be Settlement Land of the following
category:
5.12.1.1
Category A Settlement Land when Mines and Minerals are included
and the land had previously been Category A Settlement Land;
5.12.1.2
Category B Settlement Land when Mines and Minerals other than
Specified Substances are not included and the land had previously
been Category B Settlement Land; or
5.12.1.3
Fee Simple Settlement Land when Mines and Minerals other than
Specified Substances are not included and the land had previously
been Fee Simple or Category A Settlement Land,
except that the cession, release and surrender of any aboriginal claim, right,
title or interest in respect of the land shall not be affected.
5.13.0 Deregistration
5.13.1
A Yukon First Nation may deregister a Parcel of Category A Settlement Land
which is registered in the Land Titles Office and is free and clear of any
interest in land recognized in Law, other than:
5.13.1.1
the reservations and exceptions set out in 5.4.2; and
5.13.1.2
the reservations to the Crown and exceptions which apply to a grant of
federally administered Crown Land under the Territorial Lands Act,
R.S.C. 1985, c. T-7 other than the reservations set out in paragraphs
13(a) and (b) or 15(a) of that Act.
5.13.2
A Yukon First Nation may deregister a Parcel of Category B Settlement Land
which is registered in the Land Titles Office and is free and clear of any
interest in land recognized in Law other than:
5.13.2.1
the reservations and exceptions set out in 5.4.2; and
5.13.2.2
the reservations to the Crown and exceptions which apply to a grant of
federally administered Crown Land under the Territorial Lands Act,
R.S.C. 1985, c. T-7.
5.13.3
Deregistration pursuant to 5.13.1 and 5.13.2 shall not affect the cession,
release and surrender of any aboriginal claim, right, title or interest in respect
of that Parcel.
5.14.0 Proposed Site Specific Settlement Land
5.14.1
Subject to 5.14.2, the provisions of 2.5.0 and 5.4.1 shall not apply to
Proposed Site Specific Settlement Land, and Proposed Site Specific
Settlement Land shall not be considered Settlement Land for any purpose.
5.14.2
Subject to 5.14.3, the provisions of 2.5.0 shall apply to Proposed Site Specific
Settlement Land and 5.4.1 shall apply to Site Specific Settlement Land on the
same date the plan of survey is confirmed in accordance with Chapter 15 -
Definition of Boundaries and Measurement of Areas of Settlement Land, and
the Site Specific Settlement Land shall thereupon be Settlement Land for all
purposes.
5.14.3
Where there is more than one Parcel of Site Specific Settlement Land to be
selected in one or more Parcels of Proposed Site Specific Settlement Land
bearing the same "S" number, 5.14.2 shall not apply until the plan of the last
Parcel of Site Specific Settlement Land in the last Parcel of Proposed Site
Specific Settlement Land bearing the same "S" number has been confirmed in
accordance with Chapter 15 - Definition of Boundaries and Measurement of
Areas of Settlement Land.
5.14.4
Any orders made under the Territorial Lands Act, R.S.C. 1985, c. T-7, the
Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4, the Yukon Placer Mining Act,
R.S.C. 1985, c. Y-3 or the Lands Act, R.S.Y. 1986, c. 99 withdrawing
Proposed Site Specific Settlement Land on the Effective Date of the Yukon
First Nation's Final Agreement shall be continued until the provisions of 2.5.0
apply to that land.
5.15.0 Waterfront Right-of-Way
5.15.1
Unless otherwise agreed in a Yukon First Nation Final Agreement on a case
by case basis, there shall be a Waterfront Right-of-Way 30 metres in width
measured landward from the Natural Boundaries within Settlement Land of all
Navigable Waters which abut or are within Settlement Land.
Specific Provision
5.15.1.1
Any exception to the Waterfront Right-of-Way referred to in 5.15.1 is
set out as a special condition in Appendix A - Settlement Land
Descriptions, attached to this Agreement. |
5.15.2
The uses allowed upon and the width of the Waterfront Right-of-Way may be
varied in a Yukon First Nation Final Agreement to accommodate special
circumstances.
Specific Provision
5.15.2.1
Any variation referred to in 5.15.2 is set out as a special condition in
Appendix A - Settlement Land Descriptions, attached to this
Agreement. |
5.15.3
Subject to 6.1.6, any Person has a right of access without the consent of the
affected Yukon First Nation to use a Waterfront Right-of-Way for travel and
for non-commercial recreation including camping and sport fishing, and to use
standing dead or deadfall firewood incidental to such use.
5.15.4
Except for hunting Migratory Game Birds if permitted by and in accordance
with Law, the right of access in 5.15.3 shall not be construed to permit
Harvesting Wildlife at any time on Category A or Fee Simple Settlement Land.
5.15.5
Any Person has a right of access to use a Waterfront Right-of-Way for
commercial recreation purposes with the consent of the affected Yukon First
Nation or failing consent, with an order of the Surface Rights Board setting
out the terms and conditions of the access.
5.15.6
The Surface Rights Board shall not make an order under 5.15.5 unless the
Person seeking access satisfies the Board that:
5.15.6.1
such access is reasonably required; and
5.15.6.2
such access is not also practicable and reasonable across Crown
Land.
5.15.7
Subject to 5.15.8, no Person shall establish any permanent camp or structure
on a Waterfront Right-of-Way without the consent of Government and the
affected Yukon First Nation.
5.15.8
A Yukon First Nation has a right to establish a permanent camp or structure
on a Waterfront Right-of-Way on its Settlement Land, provided that:
5.15.8.1
the permanent camp or structure does not substantially alter the public
right of access under 5.15.3; or
5.15.8.2
there is a reasonable alternate public right of access for the purposes
set out in 5.15.3.
5.15.9
Any dispute as to whether the conditions set out in 5.15.8.1 and 5.15.8.2 are
met may be referred to the Surface Rights Board by Government or the
affected Yukon First Nation.
5.15.10
For purposes of 5.15.9, the Surface Rights Board shall have all the powers of
an arbitrator under 26.7.3.
5.16.0 Notations for Hydro-electric and Water Storage Projects
5.16.1
Government shall identify to Yukon First Nations, before final land selections
are signed by the negotiators for all parties to a Yukon First Nation Final
Agreement, those areas proposed for future hydro-electric and water storage
projects.
5.16.2
When land identified pursuant to 5.16.1 forms part of Settlement Land, a
notation shall be made in the description of that land pursuant to 5.3.1 that
such land is proposed for hydro-electric and water storage projects.
5.16.3
If any Parcel of Settlement Land bearing the notation referred to in 5.16.2 is
registered in the Yukon Land Titles Office, the notation shall be noted on the
title by way of caveat.
5.16.4
Chapter 7 - Expropriation shall apply to the expropriation of any land bearing
such notation or caveat.
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