Territorial Land Right-of-Way Overview (3-YK-b)
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-YK-b.1 to 3-YK-b.2 – Does the Project Require a Utility Land Easement?
A developer may need a Utility Land Easement 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:
3-YK-b.3 to 3-YK-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:
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