Energy, Mines and Resources


Other Regulatory Requirements

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Land Use Permits
The Department of Energy, Mines and Resources Lands branch is responsible for Land Use permitting for a variety of off-mineral claim activities, including:

  • site clearing or earth work;
  • constructing a new road, trail or access;
  • clearing or installing a utility right-of-way;
  • quarrying or extracting aggregate;
  • conducting geo-technical or hydrological studies;
  • temporarily using or occupying Yukon land (such as a construction camp); and
  • oil and gas and seismic activities.

Other types of activities which generally do not require a Land Use Permit include:

  • trail cutting (less than 1.5 metres wide and less than 4 ha); and
  • short-term wilderness camping.

A Land Use Permit allows a person to do a specific activity over a specific period of time. A permit does not give any exclusive rights or tenure to the land. If a proponent wants to do work within a Yukon highway right-of-way, an application for a permit must be submitted to Transportation branch, Department of Highways and Public Works.

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How to Apply for a Land Use Permit
A Land Use Permit  161 KB may be obtained by submitting a Land Use Permit  161 KB application form and an application fee. The Lands branch will help verify land ownership and supply application forms.

The Lands branch conducts a review of applications for policy constraints and completeness, and determines if the application is subject to YESAA. If the application is subject to YESAA, the applicant is then directed to the appropriate YESAB DO to complete and submit a Form 1  223 KB and a copy of the Land Use Permit  161 KB application form.

The YESAB DO notifies government agencies and other interested parties, receives comments, prepares an assessment report and forwards their recommendation to the Lands branch. The Lands branch issues a Decision Document on the project/application stating whether it can proceed, proceed with terms and conditions or not proceed. If the project can proceed, the Lands branch then issues a Land Use Permit in conformity with the Decision Document. This completes the land use permitting process.

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Water Licences
The Yukon Water Board (YWB) is an independent administrative tribunal established under the Waters Act. The Board is responsible for the issuance of Water Licences for the use of water and/or the deposit of waste into water.

The Board’s mandate is stated as follows:

The objects of the Board are to provide for the conservation, development and utilization of waters in a manner that will provide the optimum benefit from them for all Canadians and of the residents of the Yukon in particular. (Section 10, Waters Act)

 Water Licence applications usually include a significant amount of technical information. The YWB has licensing officers and technical consultants to assist with gathering and presenting the required information.

The forms and guidelines associated with use and deposit of water in regard to quartz mining are also available.

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Public Records
All information pertaining to Water Licences and applications is in the public domain. This information is located at the YWB's Register Room. It contains:

  • Water Use Binders including information on active Water Licences and related documents, Water Licence applications and supporting documents, including engineering and design plans, construction and design plans, construction schedules, as-built drawings, technical submissions, correspondence between the YWB and the applicant, reasons for decision, and conditions of issued licences.
  • Water Licence files containing information on licences that have been issued, including correspondence between the YWB and the applicant and documentation on monitoring and compliance with licence conditions, in addition to the information in the Water Use Binders.

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Consultation Process
The Waters Act states that public notice must be given regarding applications for licences, amendments to licences, and cancellation of licences by publication in a newspaper in general circulation in the area affected.

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Public Hearing Process
Section 19 of the Waters Act establishes the rules for when the YWB must hold a public hearing. A hearing must be scheduled for:

  • an application for a Type A licence;
  • an amendment to a Type A licence (where the quality, quantity or rate of flow of a watercourse would be altered);
  • an application for cancellation of a Type A licence; or
  • a YWB decision to initiate the cancellation of a Type B licence.

The YWB may also hold a public hearing if it is satisfied that it is in the public interest to do so. Public hearings are convened in accordance with the YWB’s Rules of Procedure  67 KB. This requires that parties who would be affected by the YWB’s decision must be given adequate notice of the case before the YWB, and must be given an opportunity to present a response.

Anyone wanting to make representations to the YWB can intervene by filing a written submission at the YWB’s office, located in Whitehorse, before the deadline on the intent date. The intent date is usually 35 calendar days prior to the hearing.

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Application Requirements
Water licences require an assessment under YESAA. The YWB cannot issue a Water Licence if the issuance of the licence is contrary to a Decision Document issued under YESAA, and a Water Licence cannot conflict with a Decision Document.

In addition to the information requirements identified in the YWB package, the YWB also requires a completed YESAA project confirmation form  17.5 KB after a Decision Document has been issued by the Yukon government.

After the project confirmation form has been received and the review for adequacy is complete, the YWB will provide a public notice. The proponent will receive a copy of any interventions in response to the public notice, and may respond to those interventions. The YWB will then consider the entire register, including the application, the interventions, responses to interventions and the Decision Document prior to making a decision on issuance of the licence.

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