Marginal note:Commissioner

• 45. (1) Subject to this Act and section 37 of the Northern Pipeline Act, the Commissioner has the administration and control of public real property and of oil and gas in the adjoining area and may, with the consent of the Executive Council, use, sell or otherwise dispose of that property, or any products of that property, that oil or gas, or any interest in that oil or gas, and retain the proceeds of the disposition.

• Marginal note:Exception

  (2) The Governor in Council shall, on the date of the coming into force of subsection (1), list public real property that is excluded from the administration and control of the Commissioner.

• Marginal note:Public real property acquired on behalf of a federal minister

  (3) If the entire or any lesser interest in land that is not public real property is acquired on behalf of a federal minister or federal agent corporation, the interest is not under the administration and control of the Commissioner.

Marginal note:Relinquishment

• 46. (1) The Commissioner may, with the consent of the Executive Council and with the approval of the Governor in Council, relinquish the administration and control of public real property or any interest in oil and gas in the adjoining area, either in perpetuity or for any lesser term.

• Marginal note:Administration of relinquished interest

  (2) The instrument indicating the Governor in Council’s approval must identify the federal minister or federal agent corporation that will have the administration of the relinquished public real property or interest.

Marginal note:Transfer to Commissioner

47. The Governor in Council may, on acceptance by the Commissioner given with the consent of the Executive Council, transfer to the Commissioner, either in perpetuity or for any lesser term, the administration and control of public real property or any interest in oil and gas in the adjoining area.

Marginal note:Right to waters vested in Her Majesty

• 48. (1) The rights in respect of all waters in Yukon belong to Her Majesty in right of Canada.

• Marginal note:Commissioner

  (2) Subject to this Act, the Commissioner has the administration and control of all rights in respect of waters in Yukon — other than waters in a federal conservation area — and, with the consent of the Executive Council, may exercise those rights or sell or otherwise dispose of them and may retain the proceeds of the disposition.

• Marginal note:Limitations

  (3) Subsections (1) and (2) are subject to any rights granted by or under an Act of Parliament in respect of waters.

• Marginal note:Dominion Water Power Act

  (4) Subsection (2) does not apply to the right to the use and flow of waters for the production or generation of water-power to which the Dominion Water Power Act applies.