Marginal note:Prohibition order — waters in Yukon

51. The Governor in Council, on the recommendation of the Minister, may by order prohibit any use of waters in Yukon specified in the order, or the deposit of waste directly or indirectly into those waters, if the Governor in Council considers

• (a) that the use, or the deposit of waste, would be incompatible with or would interfere with a particular undertaking that is in the national interest; or

• (b) that the prohibition is required for the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement.

Marginal note:Procedure

• 52. (1) The Minister shall, before an order under section 50 is made, notify the member of the Executive Council who is responsible for the public real property or, in the case of the adjoining area, the oil or gas that is the subject of the order and shall, before an order under section 51 is made, notify the member of the Executive Council who is responsible for water resources.

• Marginal note:Publication

  (2) After notification is given and at least 60 days before an order is made, the Minister shall publish in the Canada Gazette and in a newspaper that, in the opinion of the Minister, has a large circulation in Yukon notice of the proposed order. The order may not be made more than 120 days after the notice is published in the Canada Gazette.

• Marginal note:Interim prohibition

  (3) The prohibition takes effect before an order is made under section 50 or 51 on publication of the notice of the proposed order in the Canada Gazette and continues for a period of 120 days unless, during that period, the Minister publishes in the Canada Gazette notice of the Minister’s intention not to recommend the proposed order. The Minister shall also publish during that period the notice of the Minister’s intention in a newspaper that, in the opinion of the Minister, has a large circulation in Yukon.

• Marginal note:Consideration of representations

  (4) Before the Minister recommends that an order be made, the Minister shall consider any representations received within 60 days after the date of publication of the notice of the proposed order in the Canada Gazette.

• Marginal note:If proposed order varied

  (5) No further notice need be given under subsections (1) and (2) if the scope of application of the order is reduced to cover a smaller area or fewer activities than set out in the notice of the proposed order.

Marginal note:Duration of prohibition orders

53. A prohibition order made under section 50 or 51 may not be made for a period that exceeds five years.

Marginal note:Adjoining area

54. The Government of Canada, including its agencies, shall exercise any powers in respect of the management of lands in the adjoining area in a manner consistent with the powers of the Yukon Government, including its agencies, in respect of oil and gas in that area to the extent that the objectives of the Government of Canada in so exercising its powers are not compromised.