Consent of Yukon first nation or Governor in Council

Consent of Yukon first nation or Governor in Council

318 (1) A company must not, if the Yukon first nation concerned does not consent to it, take possession of, use or occupy settlement land as defined in section 2 of the Yukon Surface Rights Board Act without the consent of the Governor in Council. (2) A company must not, if the Gwich’in Tribal Council does not consent to it, take possession of, use or occupy Tetlit Gwich’in Yukon land without the consent of the Governor in Council. (3) If land referred to in subsection (1) or (2) is to be taken possession of, used or occupied without the consent of the Yukon first nation or Gwich’in Tribal Council, as the case may be, (a) a public hearing in respect of the location and extent of the land to be taken possession of, used or occupied must be held in accordance with the following procedure: (i) notice of the date, time and place for the public hearing must be given to the Yukon first nation or Gwich’in Tribal Council and the public, (ii) on the date and at the time and place fixed for the public hearing, an opportunity must 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 at 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 must be prepared and submitted to the Minister; and (b) notice of intention to obtain the consent of the Governor in Council must be given to the Yukon first nation or Gwich’in Tribal Council on completion of the public hearing and submission of a report on the hearing to the Minister. (4) If the lands referred to in subsection (1) or (2) are taken possession of, used or occupied by a company, or if they are injuriously affected by the construction of a pipeline, compensation must be made by that company. (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 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.