Difference between revisions of "RAPID/Roadmap/3-YT-b"

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m (Nlangle moved page RAPID/Roadmap/3-YK-b to RAPID/Roadmap/3-YT-b: wrong abbr)
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The [[Yukon Department of Energy, Mines and Resources]] Land Management Branch regulates the use of Yukon lands and territorial lands pursuant to [[Yukon – Lands Act, R.S.Y. 2002, c.132|section 3(1)(b) of the Yukon Lands Act]] and [[Yukon – Territorial Lands (Yukon) Act, S.Y. 2003, c.17|section 2(1) of the Territorial Lands (Yukon) Act]].
 
The [[Yukon Department of Energy, Mines and Resources]] Land Management Branch regulates the use of Yukon lands and territorial lands pursuant to [[Yukon – Lands Act, R.S.Y. 2002, c.132|section 3(1)(b) of the Yukon Lands Act]] and [[Yukon – Territorial Lands (Yukon) Act, S.Y. 2003, c.17|section 2(1) of the Territorial Lands (Yukon) Act]].
|Description===3-YK-b.1 to 3-YK-b.2 – Does the Project Require a License of Occupation?==
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|Description===3-YT-b.1 to 3-YT-b.2 – Does the Project Require a License of Occupation?==
  
 
A developer may need a License of Occupation if 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|Yukon – Lands Act, R.S.Y. 2002, c.132, s.2(1)]]. "Yukon lands" do not include "territorial lands as defined in the [[Yukon – Territorial Lands (Yukon) Act, S.Y. 2003, c.17|Territorial Lands (Yukon) Act]];" property owned by the Commissioner in Executive Council, the Government of Yukon, or a government corporation as defined under the [[Yukon – Financial Administration Act, R.S.Y. 2002, c.87|Financial Administration Act]]; or properties prescribed as exempt. [[Yukon – Lands Act, R.S.Y. 2002, c.132|Yukon – Lands Act, R.S.Y. 2002, c.132, s.2(1)(a)–(c)]]. However, the Commissioner in Executive Council may order by regulation that some "territorial lands" be treated as "Yukon lands" instead, in which case the [[Yukon – Lands Act, R.S.Y. 2002, c.132|Yukon Lands Act]] applies. [[Yukon – Territorial Lands (Yukon) Act, S.Y. 2003, c.17|R.S.Y. 2003, c.17, s.30]]. If a developer may need a Utility Easement, see:
 
A developer may need a License of Occupation if 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|Yukon – Lands Act, R.S.Y. 2002, c.132, s.2(1)]]. "Yukon lands" do not include "territorial lands as defined in the [[Yukon – Territorial Lands (Yukon) Act, S.Y. 2003, c.17|Territorial Lands (Yukon) Act]];" property owned by the Commissioner in Executive Council, the Government of Yukon, or a government corporation as defined under the [[Yukon – Financial Administration Act, R.S.Y. 2002, c.87|Financial Administration Act]]; or properties prescribed as exempt. [[Yukon – Lands Act, R.S.Y. 2002, c.132|Yukon – Lands Act, R.S.Y. 2002, c.132, s.2(1)(a)–(c)]]. However, the Commissioner in Executive Council may order by regulation that some "territorial lands" be treated as "Yukon lands" instead, in which case the [[Yukon – Lands Act, R.S.Y. 2002, c.132|Yukon Lands Act]] applies. [[Yukon – Territorial Lands (Yukon) Act, S.Y. 2003, c.17|R.S.Y. 2003, c.17, s.30]]. If a developer may need a Utility Easement, see:
  
<span class="btn btn-rapid btn-state">[[RAPID/Roadmap/3-YK-d|License of Occupation: <br>3-YK-d]]</span>
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<span class="btn btn-rapid btn-state">[[RAPID/Roadmap/3-YT-d|License of Occupation: <br>3-YT-d]]</span>
  
==3-YK-b.3 to 3-YK-b.5 – Does the Project Require a Land Use Permit?==
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==3-YT-b.3 to 3-YT-b.5 – Does the Project Require a Land Use Permit?==
  
 
A developer may need a Land Use Permit if the project involves either "the use of any self-propelled power driven machine for moving earth or clearing land of vegetation" (Class A Permit) on territorial lands or "the use of any power driven machinery for earth drilling purposes whose operating weight, excluding the weight of the drill rods or stems and bits, pumps, and other ancillary equipment, is more than 500 kg [kilograms] but less than 2.5 t [tons]" (Class B Permit) on territorial lands. [[Yukon – Land Use Regulation, O.I.C. 2003/51|O.I.C. 2003/51 s. 7(f), 8(c)]]. "Territorial lands" is defined as "lands under the administration and control of the Commissioner" and does not include property owned by the Commissioner, the Government of Yukon, or a government corporation as defined under the [[Yukon – Financial Administration Act, R.S.Y. 2002, c.87|Financial Administration Act]] or properties prescribed as exempt. [[Yukon – Land Use Regulation, O.I.C. 2003/51|O.I.C. 2003/51, s.1]]. If a developer may need a Utility Easement, see:
 
A developer may need a Land Use Permit if the project involves either "the use of any self-propelled power driven machine for moving earth or clearing land of vegetation" (Class A Permit) on territorial lands or "the use of any power driven machinery for earth drilling purposes whose operating weight, excluding the weight of the drill rods or stems and bits, pumps, and other ancillary equipment, is more than 500 kg [kilograms] but less than 2.5 t [tons]" (Class B Permit) on territorial lands. [[Yukon – Land Use Regulation, O.I.C. 2003/51|O.I.C. 2003/51 s. 7(f), 8(c)]]. "Territorial lands" is defined as "lands under the administration and control of the Commissioner" and does not include property owned by the Commissioner, the Government of Yukon, or a government corporation as defined under the [[Yukon – Financial Administration Act, R.S.Y. 2002, c.87|Financial Administration Act]] or properties prescribed as exempt. [[Yukon – Land Use Regulation, O.I.C. 2003/51|O.I.C. 2003/51, s.1]]. If a developer may need a Utility Easement, see:
  
<span class="btn btn-rapid btn-state">[[RAPID/Roadmap/3-YK-e|Land Use Permit: <br>3-YK-e]]</span>
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<span class="btn btn-rapid btn-state">[[RAPID/Roadmap/3-YT-e|Land Use Permit: <br>3-YT-e]]</span>
 
|Agency=[[Yukon Department of Energy, Mines, and Resources]]
 
|Agency=[[Yukon Department of Energy, Mines, and Resources]]
 
|Regulations=[[Yukon – Lands Regulations, O.I.C. 1983/192]]; [[Yukon – Lands Act, R.S.Y. 2002, c. 132]]; [[Yukon – Territorial Lands (Yukon) Act, S.Y. 2003, c.17]]; [[Yukon – Land Use Regulation, O.I.C. 2003/51]]; [[Yukon – Financial Administration Act, R.S.Y. 2002, c.87]]
 
|Regulations=[[Yukon – Lands Regulations, O.I.C. 1983/192]]; [[Yukon – Lands Act, R.S.Y. 2002, c. 132]]; [[Yukon – Territorial Lands (Yukon) Act, S.Y. 2003, c.17]]; [[Yukon – Land Use Regulation, O.I.C. 2003/51]]; [[Yukon – Financial Administration Act, R.S.Y. 2002, c.87]]
 
}}
 
}}

Revision as of 11:31, 22 August 2019

RAPIDRegulatory and Permitting Information Desktop Toolkit
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Yukon Territorial Land Right-of-Way Overview (3-YT-b)

Information current as of 2018
In Yukon, a person or corporation (developer) may need a License of Occupation or a Land Use Permit from the Yukon Department of Energy, Mines and Resources Land Management Branch if any part of the project will occupy Yukon lands or territorial lands, respectively.


The Yukon Department of Energy, Mines and Resources Land Management Branch regulates the use of Yukon lands and territorial lands pursuant to section 3(1)(b) of the Yukon Lands Act and section 2(1) of the Territorial Lands (Yukon) Act.



Territorial Land Right-of-Way Overview Process


3-YT-b.1 to 3-YT-b.2 – Does the Project Require a License of Occupation?

A developer may need a License of Occupation if 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 in Executive Council, 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). However, the Commissioner in Executive Council may order by regulation that some "territorial lands" be treated as "Yukon lands" instead, in which case the Yukon Lands Act applies. R.S.Y. 2003, c.17, s.30. If a developer may need a Utility Easement, see:

License of Occupation:
3-YT-d

3-YT-b.3 to 3-YT-b.5 – Does the Project Require a Land Use Permit?

A developer may need a Land Use Permit if the project involves either "the use of any self-propelled power driven machine for moving earth or clearing land of vegetation" (Class A Permit) on territorial lands or "the use of any power driven machinery for earth drilling purposes whose operating weight, excluding the weight of the drill rods or stems and bits, pumps, and other ancillary equipment, is more than 500 kg [kilograms] but less than 2.5 t [tons]" (Class B Permit) on territorial lands. O.I.C. 2003/51 s. 7(f), 8(c). "Territorial lands" is defined as "lands under the administration and control of the Commissioner" and does not include 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. O.I.C. 2003/51, s.1. If a developer may need a Utility Easement, see:

Land Use Permit:
3-YT-e


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