Indigenous and Northern Affairs committee  I believe the board has rules that speak generally to timelines and how they proceed from having an application in front of them through to going to mediation or to a hearing, if one is held.

Indigenous and Northern Affairs committee  With respect to the activities of the Surface Rights Board, I think you would have to direct that question to them. I don't believe there has been a high turnover. I think this issue of board terms coming to expiry for one reason or another or ending for one reason or another h

Indigenous and Northern Affairs committee  I do not believe it was the Yukon government's idea. I think it was an initiative that was advanced by the federal government, in part, I anticipate, motivated by the work they were doing in Nunavut and the NWT, bearing in mind that many of the boards and committees that are stil

Indigenous and Northern Affairs committee  To my knowledge, there have been no actions initiated against the Surface Rights Board members in the Yukon. It would be a fact-based test based on behaviour and on whether they could demonstrate bias and on how the board members individually or collectively were operating in goo

Indigenous and Northern Affairs committee  My comments on this would be purely anecdotal, because there is not—to my knowledge, anyway—any study or investigation on this. You are correct that in many instances, particularly under the final agreements, there is a requirement for something to happen before it goes to the

Indigenous and Northern Affairs committee  While the board has the authority to call a hearing, my understanding of their processes is that they encourage mediation between the parties beforehand. That is not in the statute in all instances, but I think that is the practice of the board, yes.

Indigenous and Northern Affairs committee  I think it's a useful addition to the statute. In the case of the Surface Rights Board, I don't think they have faced this before, but I think any individual who is contemplating being appointed to this board would be advised to think of this and find protection in this clause, o

Indigenous and Northern Affairs committee  I suppose it's possible, but absent a fact scenario for where this has happened, it's difficult to comment on it. Certainly in the present situation, all board members would be wise to think about this type of protection being provided when they are acting in good faith.

Indigenous and Northern Affairs committee  I think it's reasonable to conclude that on a complex hearing, which some of these certainly could be—complex from a factual standpoint—it could costs upwards of thousands of dollars if you had to start over. As well, there is the time of both parties to the dispute, one of who

Indigenous and Northern Affairs committee  There are a couple of ways in which the Surface Rights Board could become involved in those issues. One is spoken to in the Yukon Surface Rights Board Act itself in terms of disputes involving settlement land, and that has to do with access and access conditions that could be im

Indigenous and Northern Affairs committee  The latter one I spoke to does. Whenever land is owned or occupied by another party, the provision applies that relates to security prior to entry applies to various types of land, not just to land held by first nations.

Indigenous and Northern Affairs committee  I'm going to respond to you, but I will premise my comment by saying your sound is cutting out a bit. The question, I believe, was whether or not it was really an issue of access as opposed to whether you can enter on to the claim.

Indigenous and Northern Affairs committee  Yes, the free entry system certainly.... In terms of, for example, the quartz act, where the mines and minerals are under the control and administration of the Yukon government and the commissioner, there is a right of entry set out in the Quartz Mining Act and in the Placer Mini

Indigenous and Northern Affairs committee  There may be opportunities, depending on the facts, for individuals other than first nations to go to the board. I'm not aware of any applications that have been made in that regard, though.

Indigenous and Northern Affairs committee  Thank you. Thank you for providing the Yukon government the opportunity to comment on these changes. By way of background, I will note for you that the Yukon Surface Rights Board Act has its origins in the Umbrella Final Agreement and the 11 Yukon first nation final agreements