Yukon Act (S.C. 2002, c. 7)

Assented to 2002-03-27

Marginal note:Northern pipeline
  •  (1) Despite the laws of the Legislature, the minister responsible for the Northern Pipeline Act may grant, with or without conditions, an application made to a person or entity required by a law of the Legislature to hold a public hearing on the matter if the application is

    • (a) for rights or renewal of rights in respect of waters for the purpose of constructing the pipeline referred to in that Act; or

    • (b) for permission to expropriate lands or any interest in lands for the purposes of that pipeline if the application is made by a person who holds or has applied for the water rights described in paragraph (a).

  • Marginal note:Application of subsection (1)

    (2) Subsection (1) applies only if the public hearing does not begin within six months after the application is made or is not completed within 60 days after the hearing begins or a decision is not given within 45 days after the completion of the hearing.

  • Marginal note:Consultation required

    (3) The minister may only grant the application after consultation with the person or entity required to hold the public hearing.

  • Marginal note:Effect of exercise of power

    (4) A decision of the minister to grant an application under subsection (1) is deemed to have been made under the laws of the Legislature.

LEGISLATIVE AMENDMENT

Marginal note:Consultation re bills
  •  (1) Before a bill that amends or repeals this Act is introduced in the House of Commons by a federal minister, the Minister shall consult with the Executive Council with respect to the proposed amendment or repeal.

  • Marginal note:Assembly may recommend amendments

    (2) The Legislative Assembly may make any recommendations to the Minister that it considers appropriate with respect to the amendment or repeal of this Act.

TRANSITIONAL PROVISIONS

Marginal note:Commissioner

 The Commissioner, within the meaning of the former Act, who is in office immediately before the coming into force of section 4 shall continue in office according to the terms of his or her appointment.

Marginal note:Duration of Council

 Despite section 11, the members of the Council, within the meaning of the former Act, that are in office immediately before the coming into force of section 10 shall continue in office as members of the Legislative Assembly for the remainder of the period provided under subsection 9(3) of the former Act, but the Commissioner may dissolve the Legislative Assembly before then.

Marginal note:Existing rights and interests
  •  (1) The laws of the Legislature apply with respect to a right or interest granted under an access order, permit, licence or other authorization, lease or agreement for lease or sale that exists immediately before the coming into force of any provision of this Act that repeals or renders inapplicable the provision of an Act of Parliament under which the right or interest arises.

  • Marginal note:Limitation — additional conditions

    (2) A law of the Legislature may only provide, in respect of a right or interest described in subsection (1), for additional conditions in respect of the exercise of the right or interest if those conditions are applicable to all similar rights or interests.

  • Marginal note:Limitation — cancellation, etc.

    (3) A law of the Legislature may only provide, in respect of a right or interest described in subsection (1), for the cancellation, suspension or limitation of the right or interest if

    • (a) the circumstances for the cancellation, suspension or limitation of the right or interest are identical to those that would have applied before the coming into force of a provision described in subsection (1); or

    • (b) the cancellation, suspension or limitation of the right or interest is for a failure to comply with a condition in respect of the exercise of the right or interest and the law applies to all similar rights or interests.

    However, paragraph (b) does not apply to claims as defined in the Yukon Placer Mining Act, chapter Y-3 of the Revised Statutes of Canada, 1985, or the Yukon Quartz Mining Act, chapter Y-4 of the Revised Statutes of Canada, 1985.

  • Marginal note:Limitation — expropriation

    (4) A law of the Legislature may only provide, in respect of a right or interest described in subsection (1), for the expropriation of the right or interest if the holder of that right or interest is compensated under that law.

  • Marginal note:Exception — claims

    (5) Subsection (2), paragraph (3)(a) and subsection (4) apply to claims described in subsection (3) that are renewed in conformity with the laws of the Legislature.

  • Marginal note:Exception — rights and interests under the former Act

    (6) Subsections (2) to (4) do not apply to rights or interests arising under the former Act.