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 Utility Land Easement (3-YK-d)

Information current as of 2018
In Yukon, a person or corporation (developer) may need a Utility Land Easement from the Yukon Department of Energy, Mines, and Resources Land Management Branch if any part of the project will occupy Yukon lands. "Yukon lands" are defined as "all properties in the Yukon that are vested in Her Majesty in right of Canada but the right to the beneficial use or to the proceeds of which is appropriated to the Government of the Yukon and is subject to the control of the legislature." Yukon – Lands Act, R.S.Y. 2002, c.132, s.2(1). "Yukon lands" do not include "territorial lands as defined in the Territorial Lands (Yukon) Act;" property owned by the Commissioner, the Government of Yukon, or a government corporation as defined under the Financial Administration Act; or properties prescribed as exempt. Yukon – Lands Act, R.S.Y. 2002, c.132, s.2(1)(a)–(c). The Commissioner can grant a Utility Land Easement "to a public utility without having the land appraised or offered for tender at an annual rental of $15.00 per mile, but in no case shall the rental charged be less than $25.00 per annum." O.I.C. 1983/192, s.77.


The Yukon Department of Energy, Mines, and Resources Land Management Branch regulates easements on Yukon lands pursuant to Yukon – Lands Act, R.S.Y. 2002, c.132, s.3(1)(b).



Utility Land Easement Process

3-YK-d.1 – Contact All Interested Stakeholders (Optional)

Although it is not required, the Land Management Branch recommends contacting all interested stakeholders, such as any First Nations Governments, neighbors, or land, lease, permit, and mineral claim holders adjacent to and within the vicinity of the proposed project. Guide to the Land Application Process, p. 5.

3-YK-d.2 – Yukon Land Application

A developer must submit an Application for Yukon Lands (Application) to the Yukon Department of Energy, Mines, and Resources Land Management Branch that includes:

  • The type of disposition the developer seeks to obtain (easement);
  • A description of the location of the lands on which the developer seeks to obtain the easement;
  • A detailed site sketch;
  • The purpose for which the developer intends to use the lands in question; and
  • Any evidence to show that the developer is eligible to obtain a disposition (easement) on Yukon lands; and
  • A copy of a survey of the lands in question, if one exists.

R.S.Y. 2002, c.132, s.3(1), 8; Guide to the Land Application Process, p. 6.

The documentation requirements vary for each land category, so the developer should refer to the Application form for any more specific requirements. Guide to the Land Application Process, p. 6. The Application must also be accompanied any applicable fees. Guide to the Land Application Process, p. 6.

3-YK-d.3 to 3-YK-d.4 – Review Application for Completeness

The Land Management Branch must review the Application for administrative and technical completeness. The Land Management Branch will not begin reviewing an Application until the fees have been paid and all required documentation submitted. Guide to the Land Application Process, p. 7.

3-YK-d.5 – Complete Policy Compliance Review

The Land Management Branch must review the Application within 5 days of receipt for compliance with policies, statutes, local area plans, official community plans, and zoning regulations. During this stage of the review, the Land Management Branch also decides what level of public review is required, considering First Nations and stakeholder interests, and may request additional information about the Application. Guide to the Land Application Process, p. 7–8. The Land Management Branch also considers if the project requires an assessment under the Yukon Environmental and Socio-economic Assessment Act. The Land Management Branch completes this initial review with consultation by other departments. Guide to the Land Application Process, p. 15.

3-YK-d.6 to 3-YK-d.8 – Send Notice of Completion of Policy Compliance Review

The Land Management Branch must send a letter to the developer once the policy compliance review is complete stating whether the Land Management Branch will continue reviewing the Application or if the Application triggers review by the Yukon Environmental and Socio-economic Assessment Board (YESAB) under the Yukon Environmental and Socio-economic Assessment Act (YESAA). Guide to the Land Application Process, p. 15. If the Application triggers YESAA review, see:

Territorial Environmental Review:
9-YK-a

3-YK-d.9 – Provide Notice of Application

The Land Management Branch must post a notice of receipt of the Application on its website and send copies of the Application to the following:

  • Yukon Department of Environment;
  • Yukon Department of Community Services;
  • Yukon Department of Highways and Public Works;
  • Yukon Environmental Health Services;
  • Yukon Executive Council Office;
  • Applicable local governments;
  • Affected First Nations; and
  • Renewable Resource Councils.

Guide to the Land Application Process, p. 16.

The Land Management Branch also sends notice via letter to all identified stakeholders. Guide to the Land Application Process, p. 16.

3-YK-d.10 – Comment on Application

The public and any department can comment on an Application. All comments must be sent to the Land Management Branch within 30 days of receiving notice of the application. Guide to the Land Application Process, p. 16.

3-YK-d.11 to 3-YK-d.12 – Review Application for Approval

The Land Review Committee, part of the Land Management Branch, reviews the Application for approval, including submitted comments. Guide to the Land Application Process, p. 17. If the project was referred to the YESAA process, the Application will only reach this decision stage if the YESAA Decision Document resulting from the YESAA process concluded the project could proceed. Guide to the Land Application Process, p. 17. The Land Review Committee provides a recommendation on the Application to the Manager of Land Client Services, who then briefs the Director of the Land Management Branch. Guide to the Land Application Process, p. 17. The Application will be denied, deferred, or conditionally approved by letter from the Land Management Branch.

An Application may be refused if:

  • The developer fails or refuses to comply with any applicable federal statutes or regulations;
  • The land in question are reserved lands and the proposed use is not the most desirable use as designated by the Commissioner in Executive Council; or
  • The developer is proposing a use for the lands in question that is not in the public interest.

R.S.Y. 2002, c.132, s.9(1), (3).

3-YK-d.13 – Utility Land Easement

The Land Management Branch may include any terms and conditions on the easement as they feel are needed. R.S.Y. 2002, c.132, s.11. An easement must be for a term of fewer than 30 years, but the developer may renew the easement for two additional terms of up to 30 years each. R.S.Y. 2002, c.132, s.19. The easement could also be cancelled if the developer fails to make timely payments under the easement terms or fails to comply with any of the easement's prescribed conditions. R.S.Y. 2002, c.132, s.20(1).

3-YK-d.14 – Appeal Decision (Optional)

The developer may be able to appeal the decision on their Easement Application. For more information on this appeal process, see Yukon's Guide to Land Application Appeal Process or contact the Land Management Branch.


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