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 land (surface rights holders) and others with access rights to the land. The Board gets involved in disputes when the parties are unable to reach an agreement, and a party applies to the Board.

The Board’s jurisdiction is derived from several statutes. The primary authority for the Board is set out in the Yukon Surface Rights Board Act (Canada) (the “Act”) which came into force on February 14, 1995. The Act was drafted to reflect the principles established in Chapter 8 of the Council for Yukon Indians (now the Council of Yukon First Nations) Umbrella Final Agreement. Additional responsibilities of the Board are set out in other laws and agreements including the Quartz Mining Act (Yukon), the Placer Mining Act (Yukon), the Expropriation Act (Canada), the Radiocommunications Act (Canada), and individual Yukon First Nation Final Agreements.

The Act establishes the Board and has provisions for up to 10 members and a Chairperson to sit on the Board. Half of the Board members are nominated by CYFN and the other half by the federal government.  These latter nominations are made in consultation with the Government of the Yukon.  The Chairperson of the Board, upon the recommendation of the Board members, is appointed by the Minister of Indian and Northern Affairs Canada.  Since the Act came into force the Board has been comprised up to a maximum of 4 members and a Chairperson.

Please see the attached document for board member roles and responsibilities.