Yukon Act (S.C. 2002, c. 7)

Short Title

Marginal note:Short title

1 This Act may be cited as the Yukon Act.

Interpretation

Marginal note:Definitions

2 The definitions in this section apply in this Act.

adjoining area

adjoining area means the area outside Yukon and landward of the northern limit described in Schedule 2. (zone adjacente)

federal agent corporation

federal agent corporation has the meaning assigned to the expression agent corporation by subsection 83(1) of the Financial Administration Act. (société mandataire fédérale)

federal conservation area

federal conservation area means an area that is

• (a) a national park;

• (b) public real property under the administration of the Minister of the Environment that is subject to measures imposed under the Canada Wildlife Act for the conservation of wildlife; or

• (c) a protection area for migratory birds prescribed under the Migratory Birds Convention Act, 1994. (aire de conservation fédérale)

former Act

former Act means the Yukon Act, chapter Y-2 of the Revised Statutes of Canada, 1985. (ancienne loi)

gas

gas means natural gas and all substances produced in association with natural gas, but does not include oil or coal-bed methane. (gaz)

Minister

Minister means the Minister of Northern Affairs. (ministre)

national park

national park means a park and includes a park reserve as those terms are defined in subsection 2(1) of the Canada National Parks Act. (parc national)

oil

oil means crude petroleum, regardless of gravity, produced at a well-head in liquid form and any other hydrocarbons, except gas and coal-bed methane. It includes hydrocarbons that may be extracted or recovered from surface or subsurface deposits of oil sand, bitumen, bituminous sand or oil shale or from other types of deposits, but does not include coal. (pétrole)

public real property

public real property means

• (a) land in Yukon that belongs to Her Majesty in right of Canada, including mines and minerals, and buildings, structures, improvements and other fixtures on, above or below the surface of the land; and

• (b) any estate, right, title or interest, including an easement, a servitude and a lease, held by Her Majesty in right of Canada in or to land in Yukon. (biens réels domaniaux)

waters

waters means any inland water, whether in a liquid or frozen state, on or below the surface of land. (eaux)

Yukon

Yukon means the territory consisting of the area described in Schedule 1. (Yukon)

Marginal note:Aboriginal rights

3 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

Government

Executive Power

Marginal note:Commissioner

• 4 (1) A Commissioner of Yukon shall be appointed by order of the Governor in Council.

• Marginal note:Publication of order

  (2) The order in council appointing the Commissioner shall be published in the Canada Gazette.

• (3) [Repealed, 2002, c. 7, s. 68]

Marginal note:Administrator

• 5 (1) The Governor in Council may appoint an Administrator to act as Commissioner during the Commissioner’s absence or illness or other inability or when that office is vacant.

• Marginal note:Absence or inability

  (2) The Chief Justice of the Supreme Court of Yukon may act as Administrator during the Administrator’s absence or illness or other inability or when that office is vacant.

Marginal note:Oaths

6 Before assuming office, the Commissioner and the Administrator shall take and subscribe the oath of office and the oath of allegiance prescribed by the Governor in Council.

Marginal note:Salaries

7 The salary of the Commissioner and of the Administrator shall be fixed by the Governor in Council and paid out of the Consolidated Revenue Fund of Canada.

Marginal note:Executive Council

8 The Executive Council of Yukon established under the former Act is hereby continued. Its members shall be appointed by the Commissioner.

Marginal note:Seat of government

9 The seat of the Yukon Government is at Whitehorse but the Legislature may designate another place in Yukon as the seat of government.

Legislative Power

Legislative Assembly

Marginal note:Legislative Assembly of Yukon

10 The Council established by the former Act is hereby continued as the Legislative Assembly of Yukon. Each member of the Legislative Assembly is elected to represent an electoral district in Yukon.

Marginal note:Duration of Legislative Assembly

• 11 (1) No Legislative Assembly shall continue for longer than five years after the date of the return of the writs for a general election, but the Commissioner may dissolve it before then.

• Marginal note:Writs

  (2) Writs for the election of members of the Legislative Assembly shall be issued on the instructions of the Commissioner.

Marginal note:Oaths of office

12 Before assuming office, each member of the Legislative Assembly shall take and subscribe before the Commissioner the oath of office prescribed by the Legislature of Yukon and the oath of allegiance set out in the Fifth Schedule to the Constitution Act, 1867.

Marginal note:Yearly session

13 The Legislative Assembly shall sit at least once every 12 months.

Marginal note:Speaker

• 14 (1) The Legislative Assembly shall elect one member to be Speaker, who shall preside over the Legislative Assembly when it is sitting.

• Marginal note:Vote

  (2) The Speaker may only vote in the Legislative Assembly in the case of a tie.

Marginal note:Quorum

15 A majority of the members of the Legislative Assembly, including the Speaker, constitutes a quorum.

Marginal note:Rules of procedure

16 The Legislative Assembly may make rules for its operations and procedures, except in relation to the classes of subjects with respect to which the Legislature may make laws under paragraph 18(1)(b).

Legislature

Marginal note:Legislature of Yukon

17 The institution referred to in the former Act as the Commissioner in Council and which consisted of the Commissioner and the Council of the Yukon Territory is hereby continued as the Legislature of Yukon, consisting of the Commissioner and the Legislative Assembly.

Legislative Powers

Marginal note:Legislative powers

• 18 (1) The Legislature may make laws in relation to the following classes of subjects in respect of Yukon:

  • (a) the election of members of the Legislative Assembly, including the name and number of electoral districts and the qualifications of electors and of candidates for election;

  • (b) the disqualification of persons from sitting or voting as members of the Legislative Assembly and the privileges, indemnity and expenses of those members;

  • (c) the Executive Council;

  • (d) the establishment and tenure of public offices in Yukon and the appointment, conditions of employment and payment of office-holders;

  • (e) municipal and local institutions;

  • (f) direct taxation and licensing in order to raise revenue for territorial, municipal or local purposes;

  • (g) the levying of a tax on furs or any portions of fur-bearing animals to be shipped or taken from Yukon to any place outside Yukon;

  • (h) the incorporation of companies with territorial objects, other than railway, steamship, air transport, canal, telegraph or telephone companies, but including street railway companies;

  • (i) the solemnization of marriage;

  • (j) property and civil rights;

  • (k) the administration of justice, including the constitution, maintenance and organization of territorial courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts;

  • (l) the establishment, maintenance and management of prisons, jails or lock-ups;

  • (m) the conservation of wildlife and its habitat, other than in a federal conservation area;

  • (n) waters, other than waters in a federal conservation area, including the deposit of waste in those waters, the definition of what constitutes waste and the disposition of any right in respect of those waters under subsection 48(2);

  • (o) education, but any law respecting education must provide that

    • (i) a majority of the ratepayers of any part of Yukon may establish any school in that part that they think fit and make the necessary assessment and collection of rates for it, and

    • (ii) the minority of the ratepayers in that part of Yukon, whether Protestant or Roman Catholic, may establish separate schools in that part and, if they do so, are liable only to assessments of the rates that they impose on themselves in respect of those schools;

  • (p) immigration;

  • (q) public real property — including the timber and wood on that property — under the administration and control of the Commissioner, including the disposition of that property under subsection 45(1);

  • (r) intoxicants, including the definition of what constitutes an intoxicant;

  • (s) hospitals and charities;

  • (t) agriculture;

  • (u) the entering into of intergovernmental agreements by the Commissioner or any other official of the Yukon Government;

  • (v) the expenditure of money for territorial purposes;

  • (w) the adoption and use of an official seal;

  • (x) generally, all matters of a merely local or private nature;

  • (y) the imposition of fines, penalties, imprisonment or other punishments in respect of the contravention of the provisions of a law of the Legislature; and

  • (z) any other matter that may be designated by order of the Governor in Council.

• Marginal note:Oil and gas in adjoining area

  (2) The Legislature may make laws in relation to the classes of subjects described in subsection (1) in respect of oil and gas in the adjoining area.

• Marginal note:Importation of intoxicants

  (3) The Legislature may make laws relating to the importation of intoxicants into Yukon from any other place in Canada or elsewhere and defining what constitutes an intoxicant for the purposes of those laws.

Marginal note:Laws relating to natural resources

• 19 (1) The Legislature may make laws in relation to

  • (a) the exploration for non-renewable natural resources in Yukon and oil and gas in the adjoining area;

  • (b) the development, conservation and management of non-renewable natural resources in Yukon, oil and gas in the adjoining area and forestry resources in Yukon, including laws in relation to the rate of primary production from those resources;

  • (c) oil and gas pipelines located entirely within Yukon;

  • (d) the development, conservation and management of sites and facilities in Yukon for the generation and production of electrical energy;

  • (e) the export, from Yukon to another part of Canada, of the primary production from non-renewable natural resources and forestry resources in Yukon, and of electrical energy generated or produced from facilities in Yukon; and

  • (f) the export, from the adjoining area to another part of Canada, of the primary production from oil and gas in that area.

• Marginal note:Export of natural resources

  (2) Laws made under paragraph (1)(e) or (f) may not authorize or provide for discrimination in prices or in supplies exported.

• Marginal note:Taxation of natural resources

  (3) The Legislature may make laws in relation to the raising of money by any mode of taxation in respect of resources referred to in paragraph (1)(b) and primary production from those resources and in respect of sites and facilities referred to in paragraph (1)(d) and the production of electrical energy from them. The Legislature may make such laws whether or not the production is exported, in whole or in part, from Yukon or, in the case of oil and gas from the adjoining area, from that area.

• Marginal note:No differentiation based on place of export

  (4) A law made under subsection (3) may not authorize or provide for taxation that differentiates between production that is not exported and that which is exported to another part of Canada.

• Definition of primary production

  (5) In this section, primary production means

  • (a) production from a non-renewable natural resource if

    • (i) the product is in a form in which the resource exists on its recovery or severance from its natural state, or

    • (ii) the product is a product that results from processing or refining the resource, and is not a manufactured product or a product that results from refining crude oil, upgraded heavy crude oil, gases or liquids derived from coal, or a synthetic equivalent of crude oil; and

  • (b) production from a forestry resource if the product consists of sawlogs, poles, lumber, wood chips, sawdust or any other primary wood product, or wood pulp, and is not a product manufactured from wood.

• Marginal note:Existing powers or rights

  (6) Nothing in subsections (1) to (5) derogates from any powers or rights that the Legislature has under any other provision of this Act.

Marginal note:Restrictions on powers

• 20 (1) Nothing in subsections 18(1) and (2) and section 19 shall be construed as giving the Legislature greater powers than are given to legislatures of the provinces under sections 92, 92A and 95 of the Constitution Act, 1867.

• Marginal note:Water-power

  (2) Despite subsections 18(1) and (2) and section 19, the Legislature may not make laws in respect of 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.

Marginal note:Agreement implementation Acts

21 Despite subsection 20(1), the Legislature may, in exercising its powers under sections 18 and 19 for the purpose of implementing aboriginal land claim agreements or aboriginal self-government agreements, make laws that are in relation to the matters coming within class 24 of section 91 of the Constitution Act, 1867.

Marginal note:Laws re conservation of wildlife

• 22 (1) Despite subsection 20(1), any law of the Legislature in relation to the conservation of wildlife, unless the contrary intention appears in it, applies to and in respect of Indians and Inuit.

• Marginal note:Hunting for food

  (2) Nothing in paragraph 18(1)(m) or subsection (1) shall be construed as authorizing the Legislature to make laws restricting or prohibiting Indians and Inuit from hunting for food on unoccupied public real property, other than a species that is declared by order of the Governor in Council to be in danger of becoming extinct. This subsection does not apply to laws that implement the Agreement given effect by the Western Arctic (Inuvialuit) Claims Settlement Act.

• Marginal note:Cessation of application

  (3) After a final agreement referred to in section 4 or 5 of the Yukon First Nations Land Claims Settlement Act is given effect by or under that Act, subsection (2) does not apply in respect of persons eligible to be enrolled under the agreement or the traditional territory identified in it.

Marginal note:Borrowing and lending

• 23 (1) The Legislature may make laws

  • (a) for the borrowing of money by the Commissioner on behalf of Yukon for territorial, municipal or local purposes;

  • (b) for the lending of money by the Commissioner to any person in Yukon; and

  • (c) for the investing by the Commissioner of surplus money standing to the credit of the Yukon Consolidated Revenue Fund.

• Marginal note:Restriction

  (2) The aggregate of all borrowings must not exceed the maximum amount set under subsection (4).

• Marginal note:Charge on Yukon C.R.F.

  (3) The repayment of money borrowed under a law made under paragraph (1)(a), and the payment of interest on that money, is a charge on and payable out of the Yukon Consolidated Revenue Fund.

• Marginal note:Maximum amount — borrowings

  (4) The Governor in Council may, on the recommendation of the Minister of Finance, set the maximum amount of the aggregate of all borrowings.

• Marginal note:Regulations

  (5) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations respecting borrowings for the purposes of subsections (2) and (4), including regulations respecting

  • (a) what constitutes, or is deemed to constitute, borrowing;

  • (b) the entities, or classes of entities, whose borrowings must be taken into account; and

  • (c) the manner in which the value of a borrowing is determined.

Marginal note:Withholding of assent

• 24 (1) The Governor in Council may, in writing, direct the Commissioner to withhold his or her assent to a bill that has been introduced in the Legislative Assembly.

• Marginal note:Consent of Governor in Council

  (2) A bill in respect of which a direction has been given may not become law without the Governor in Council’s assent, which assent may not be given later than one year after the day on which the bill is adopted by the Legislative Assembly.

Marginal note:Transmittal of laws

• 25 (1) A copy of every law made by the Legislature shall be transmitted by the Clerk of the Legislative Assembly to the Governor in Council within 30 days after it is made.

• Marginal note:Disallowance

  (2) The Governor in Council may disallow any law made by the Legislature or any provision of any such law at any time within one year after it is made.

Marginal note:Conflicting laws

26 In the event of a conflict between a law of the Legislature and a federal enactment, the federal enactment prevails to the extent of the conflict.

Marginal note:Official languages

• 27 (1) The ordinance entitled the Languages Act made on May 18, 1988 under the former Act and any successor to it may not be repealed, amended or otherwise rendered inoperable by the Legislature without the concurrence of Parliament by way of an amendment to this Act.

• Marginal note:Additional rights and services

  (2) Nothing in subsection (1) shall be construed as preventing the Commissioner or any other public officer or the Legislature or any other institution of the Yukon Government — whether by amending the ordinance referred to in that subsection, without the concurrence of Parliament, or by any other means — from granting rights in respect of, or providing services in, English and French or any languages of the aboriginal peoples of Canada in addition to the rights and services provided for in that ordinance.

Yukon Consolidated Revenue Fund

Marginal note:Establishment of fund

• 28 (1) All public moneys and revenue over which the Legislature has the power of appropriation shall form a fund to be known as the Yukon Consolidated Revenue Fund.

• Marginal note:Establishment of bank accounts

  (2) The member of the Executive Council designated for that purpose by a law of the Legislature shall establish, in the name of the Yukon Government, accounts with banks, or authorized foreign banks within the meaning of section 2 of the Bank Act that are not subject to the restrictions and requirements referred to in subsection 524(2) of that Act, in respect of their business in Canada, that the member designates for the deposit of public moneys and revenue.

Marginal note:Recommendation of Commissioner

29 It is not lawful for the Legislative Assembly to adopt or pass any vote, resolution, address or bill for the appropriation of any part of the public revenue, or of any tax, for any purpose that has not been first recommended to the Legislative Assembly by message of the Commissioner, in the session in which the vote, resolution, address or bill is proposed.

Marginal note:Appropriation of moneys granted by Parliament

30 When a sum of money is granted to Her Majesty in right of Canada by Parliament to defray expenses for a specified public service in Yukon, the power of appropriation by the Legislature over that sum is subject to the specified purpose for which it is granted.

Yukon Public Accounts

Marginal note:Fiscal year

31 The Yukon Government’s fiscal year is the period beginning on April 1 in one year and ending on March 31 in the next year.

Marginal note:Submission of Yukon Public Accounts to Legislative Assembly

32 The Commissioner, with the consent of the Executive Council, shall, on or before such day of the fiscal year as the Legislative Assembly may fix, lay before the Legislative Assembly a report called the Yukon Public Accounts for the preceding fiscal year and the Legislative Assembly shall consider the report.

Marginal note:Form and contents

33 The Yukon Public Accounts shall be prepared in any form that the Commissioner, with the consent of the Executive Council, directs. They shall be prepared in accordance with accounting principles recommended for the public sector by the Chartered Professional Accountants of Canada or its successor and shall include

• (a) consolidated financial statements for the Yukon Government that present

  • (i) the financial position as at the end of the fiscal year,

  • (ii) the accumulated surplus or deficit as at the end of the fiscal year,

  • (iii) the results of its operations for the fiscal year, and

  • (iv) the changes in the financial position for the fiscal year;

• (b) the opinion of the Auditor General of Canada referred to in subsection 34(1); and

• (c) any other information or statements that are required in support of the consolidated financial statements by or under any law of the Legislature.

Marginal note:Annual audit

• 34 (1) The Auditor General of Canada shall audit the accounts, including those related to the Yukon Consolidated Revenue Fund, and financial transactions of the Yukon Government in each fiscal year in accordance with auditing standards recommended by the Chartered Professional Accountants of Canada or its successor and shall express his or her opinion as to whether

  • (a) the consolidated financial statements present fairly, in all material respects and in accordance with accounting principles recommended for the public sector by that organization or its successor, the financial position of the Yukon Government as at the end of the fiscal year and the results of its operations in, and changes in its financial position for, the fiscal year; and

  • (b) the transactions of the Yukon Government that have come to the notice of the Auditor General in the course of the audit are within the powers of the Yukon Government under this or any other Act.

• Marginal note:Report

  (2) The Auditor General shall report to the Legislative Assembly any matter falling within the scope of the audit that, in his or her opinion, should be reported to the Assembly.

Marginal note:Supplementary report

35 The Auditor General of Canada may, at any time, inquire into and submit a supplementary report to the Legislative Assembly about any matter relating to the activities of the Yukon Government, including whether

• (a) accounts have not been faithfully and properly maintained or public money has not been fully accounted for or paid, where so required by law, into the Yukon Consolidated Revenue Fund;

• (b) essential records have not been maintained or the rules and procedures applied have been insufficient to safeguard and control public property, to secure an effective check on the assessment, collection and proper allocation of the revenue and to ensure that expenditures have been made only as authorized;

• (c) money has been expended for purposes other than those for which it was appropriated by the Legislature or has been expended without due regard to economy or efficiency; or

• (d) satisfactory procedures have not been established to measure and report the effectiveness of programs, where such procedures could appropriately and reasonably be implemented.

Marginal note:Inquiry and report

36 At the request of the Commissioner, made with the consent of the Executive Council, the Auditor General of Canada may, if in his or her opinion it does not interfere with the Auditor General’s primary responsibilities, inquire into and report to the Legislative Assembly on

• (a) any matter relating to the financial affairs of the Yukon Government or to public property in Yukon; or

• (b) any person or organization that has received or is seeking financial aid from the Yukon Government.

Marginal note:Powers of Auditor General

• 37 (1) For the purposes of carrying out the Auditor General of Canada’s functions under this Act, the Auditor General has all the powers that he or she has under the Auditor General Act.

• Marginal note:Access to information

  (2) Except as provided by any law made by the Legislature that expressly refers to this subsection, the Auditor General is entitled to free access at all convenient times to information that relates to the fulfilment of his or her responsibilities and is entitled to require and receive from the public service of Yukon any information, reports and explanations that he or she considers necessary for that purpose.

Administration of Justice

Judicature

Marginal note:Appointment of judges

38 The Governor in Council shall appoint the judges of any superior, district or county courts that are now or may be constituted in Yukon.

Marginal note:Tenure of office of judges

39 The judges of the superior, district and county courts in Yukon shall hold office during good behaviour but are removable by the Governor General on address of the Senate and House of Commons and shall cease to hold office on attaining the age of 75 years.

Supreme Court of Yukon

Marginal note:Judges of the Supreme Court of Yukon

40 A judge, other than a deputy judge, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice is, by reason of holding that office, a judge of the Supreme Court of Yukon.

Marginal note:Deputy judges

• 41 (1) The Governor in Council may appoint any person who is or has been a judge of a superior, district or county court of a province or a barrister or advocate of at least 10 years standing at the bar of a province to be a deputy judge of the Supreme Court of Yukon and fix his or her remuneration and allowances.

• Marginal note:Duration of appointment

  (2) A deputy judge may be appointed for any particular case or cases or for any specified period.

• Marginal note:Tenure of office

  (3) A deputy judge holds office during good behaviour but is removable by the Governor General on address of the Senate and House of Commons.

• Marginal note:Powers

  (4) A deputy judge shall be sworn to the faithful performance of his or her duties in the same manner as a judge of the Supreme Court of Yukon and, during his or her appointment, temporarily has and may exercise and perform all the powers, duties and functions of a judge of the Court.

Marginal note:Jurisdiction to try civil cases

42 The Supreme Court of Yukon has and may exercise and perform, in the Northwest Territories or Nunavut, all the powers, duties and functions of the Court with respect to a civil case, other than a civil case where the Court sits with a jury.

Marginal note:Jurisdiction to try criminal cases

• 43 (1) A judge of the Supreme Court of Yukon has and may exercise and perform, anywhere in Canada, all the powers, duties and functions of the Court with respect to any criminal offence committed or charged to have been committed in Yukon.

• Marginal note:Application of laws

  (2) All laws applicable to criminal proceedings in Yukon apply in like manner to proceedings held under this section at any other place in Canada.

• Marginal note:Enforcement of decisions

  (3) Any judgment, conviction, sentence or order pronounced or made in any proceedings held under this section outside Yukon may be enforced or executed at the place at which it is pronounced or made or elsewhere, either in or outside Yukon, as a judge of the Supreme Court of Yukon may direct, and the proper officers of Yukon have and may exercise all powers and authority necessary for the enforcement or execution of it at the place where it is directed to be enforced or executed, notwithstanding that the place is not in Yukon.

Court of Appeal of Yukon

Marginal note:Sittings

44 The Court of Appeal of Yukon may sit in Yukon and, unless the laws of the Legislature provide otherwise, in any other place in Canada.

Real Property, Water, Oil and Gas

Administration and Control

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.

Restrictions

Marginal note:Taking of administration by Governor in Council

• 49 (1) The Governor in Council, on the recommendation of the Minister, may take from the Commissioner the administration and control of public real property and transfer the administration of the property to a federal minister or a federal agent corporation if the Governor in Council considers it necessary to do so for

  • (a) the national interest, including

    • (i) national defence or security,

    • (ii) the establishment, or changes to the boundaries, of a national park, historic site or other area protected under an Act of Parliament, and

    • (iii) the creation of the infrastructure required for initiatives in respect of transportation or energy;

  • (b) the welfare of Indians and Inuit; or

  • (c) the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement.

• Marginal note:Taking of administration — adjoining area

  (2) The Governor in Council, on the recommendation of the Minister, may take from the Commissioner the administration and control of any interest in oil and gas in the adjoining area for the purpose of the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement and transfer the administration of that interest to a federal minister or a federal agent corporation.

• Marginal note:Consultation

  (3) The Minister, before recommending the taking of the administration and control, other than for a purpose related to national defence or security, shall consult the member of the Executive Council responsible for the public real property, or in the case of the adjoining area, the oil and gas.

Marginal note:Prohibition order — public real property in Yukon

• 50 (1) The Governor in Council, on the recommendation of the Minister, may by order prohibit the issuance under this Act of interests in, or the authorization under this Act of the conduct of activities on, public real property specified in the order if the Governor in Council considers that the prohibition is required

  • (a) before the administration and control of the property is taken under paragraph 49(1)(a) or (b); or

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

• Marginal note:Prohibition order — lands in adjoining area

  (2) The Governor in Council, on the recommendation of the Minister, may by order prohibit the issuance under this Act of interests in, or the authorization under this Act of the conduct of activities on, lands in the adjoining area specified in the order, if the Governor in Council considers that the existence of the interests or the conduct of the activities would be incompatible with or would interfere with

  • (a) any use to which the Government of Canada intends the lands to be put, including, in particular, their use as a national park or an airport or their use for purposes of national defence or navigation;

  • (b) the exercise, in relation to those lands, of any powers of the Government of Canada, including, in particular, powers respecting national security or the protection of the environment; or

  • (c) the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement.

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.

Exercise of Federal Powers

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.

Marginal note:Northern pipeline

• 55 (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.

Marginal note:Adverse effects — Type II Sites

• 55.1 (1) If the Minister has the administration of public real property that is a “Type II Site” within the meaning of the Yukon Northern Affairs Program Devolution Transfer Agreement made on October 29, 2001, the Minister may take any measures on the public real property that the Minister considers necessary to prevent, counteract, mitigate or remedy any adverse effect on persons, property or the environment.

• Marginal note:Entry

  (2) For the purposes of subsection (1), the Minister may enter any place on the public real property, except a place that is designed to be used and is being used as a permanent or temporary private dwelling-place.

Legislative Amendment

Marginal note:Consultation re bills

• 56 (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

57 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

58 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

• 59 (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.

Marginal note:Reference to Government of Canada

60 Any reference to the Government of Canada, or any of its agents, in an access order, permit, licence or other authorization, lease or agreement for lease or sale referred to in subsection 59(1) shall be read as a reference to the Yukon Government.

Marginal note:Pending applications

• 61 (1) Every proceeding 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 is commenced 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 shall be taken up and continued under and in conformity with the laws of the Legislature without any further formality.

• Marginal note:Exception

  (2) Subsection (1) does not apply to civil or criminal proceedings before a court.

Marginal note:Validity of laws of Legislature

62 A law of the Legislature that specifically provides that it applies to matters governed by an Act of Parliament that is repealed by any of sections 281 to 284 or made inapplicable by any of sections 238 to 247 is considered for all purposes to have been validly made if it is made before the coming into force of that section and would have been validly made, if made after that coming into force. However, it has no force and effect before that coming into force.

Definition of Agreement

63 In sections 64 to 67, Agreement means the Yukon Northern Affairs Program Devolution Transfer Agreement made on October 29, 2001.

Marginal note:Indemnification by Yukon

• 64 (1) The Yukon Government shall indemnify the Government of Canada, or any of its employees or agents, against all costs, charges or expenses, including an amount paid to settle an action or satisfy a judgement, that are reasonably incurred by the Government of Canada, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the Government of Canada, or any of its employees or agents, arising out of any act or omission of the Yukon Government, or any of its employees or agents, in respect of

  • (a) public real property not under the administration and control of the Commissioner immediately before the coming into force of this section or water rights, if the act or omission occurs while the Commissioner has administration and control of the property or rights;

  • (b) 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 date of coming into force of any provision of this Act that repeals or renders inapplicable the provision of the Act of Parliament under which the right or interest arises, if the act or omission occurs after that date;

  • (c) security that is assigned to the Yukon Government under the Agreement;

  • (d) records provided under the Agreement to the Yukon Government, unless the act or omission is made pursuant to the Agreement; or

  • (e) remediation work required by the Agreement.

• Marginal note:Indemnification respecting obligations to employees of Canada

  (2) The Yukon Government shall indemnify the Government of Canada, or any of its employees or agents, against all costs, charges or expenses, including an amount paid to settle an action or satisfy a judgement, that are reasonably incurred by the Government of Canada, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the Government of Canada, or any of its employees or agents, arising out of a failure by the Yukon Government, or any of its employees or agents, to meet the obligations of the Yukon Government under the Agreement in respect of employees of the Government of Canada.

• Marginal note:Indemnification of first nations

  (3) The Yukon Government shall indemnify a first nation, or any of its employees or agents, against all costs, charges or expenses, including an amount paid to settle an action or satisfy a judgement, that are reasonably incurred by that first nation, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the first nation, or any of its employees or agents, arising out of any act or omission of the Yukon Government, or any of its employees or agents, in respect of remediation work done on the first nation’s land as required by the Agreement.

Marginal note:Indemnification by Canada

• 65 (1) The Government of Canada shall indemnify the Yukon Government, or any of its employees or agents, against all costs, charges or expenses, including an amount paid to settle an action or satisfy a judgement, that are reasonably incurred by the Yukon Government, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the Yukon Government, or any of its employees or agents, arising out of any act or omission of the Government of Canada, or any of its employees or agents, in respect of

  • (a) public real property not under the administration and control of the Commissioner immediately before the coming into force of this section, if the act or omission occurred while the Commissioner did not have the administration and control of the property;

  • (b) water rights in Yukon, if the act or omission occurred before the Commissioner had administration and control of the water rights;

  • (c) 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 date of coming into force of any provision of this Act that repeals or renders inapplicable the provision of the Act of Parliament under which the right or interest arises, if the act or omission occurs before that date;

  • (d) security that is required to be assigned to the Yukon Government under the Agreement;

  • (e) records that are required to be provided to the Yukon Government under the Agreement; or

  • (f) remediation work required by the Agreement.

• Marginal note:Indemnification by Canada for exercise of power

  (2) The Government of Canada shall indemnify the Yukon Government, or any of its employees or agents, against all costs, charges or expenses, including an amount paid to settle an action or satisfy a judgement, that are reasonably incurred by the Yukon Government, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the Yukon Government, or any of its employees or agents, arising out of the exercise of a power under sections 49 to 51 or 55.

• Marginal note:Indemnification of first nations

  (3) The Government of Canada shall indemnify a first nation, or any of its employees or agents, against all costs, charges or expenses, including an amount paid to settle an action or satisfy a judgement, that are reasonably incurred by that first nation, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the first nation, or any of its employees or agents, arising out of any act or omission of the Government of Canada, or any of its employees or agents, in respect of remediation work done on the first nation’s land as required by the Agreement.

Marginal note:Limitation on indemnification

66 The Government of Canada, the Yukon Government or a first nation is not entitled to be indemnified under section 64 or 65 if it has settled the claim, action or proceeding without the written consent of the government that is required to indemnify it under that section.

Marginal note:Information privileged

• 67 (1) The communication pursuant to the Agreement by the Government of Canada to the Yukon Government of information, however recorded, that is subject to solicitor-client privilege does not constitute a waiver of the privilege.

• Marginal note:Disclosure with consent

  (2) No employee or agent of the Yukon Government shall, except with the written permission of the Minister, knowingly communicate, disclose or make available any information referred to in subsection (1), or permit it to be communicated, disclosed or made available, to a person who is not an employee or agent of the Yukon Government.

Amendments to this Act

68 to 76 [Amendments]

Amendments to Other Acts

77 to 271 [Amendments]

Coordinating Amendments

272 to 278 [Amendments]

Repeals

279 to 284 [Repeals]

Coming into Force

Marginal note:By order

• Footnote ^*285 (1) The provisions of this Act, other than sections 70 to 75 and section 77, subsection 117(2) and sections 167, 168, 210, 211, 221, 227, 233, 272 to 278 and 283, come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Amendments to this Act

  (2) Sections 70 to 75 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Repeal of Act

  (3) Section 77, subsection 117(2) and sections 167, 168, 210, 211, 221, 227, 233 and 283 come into force on a day to be fixed by order of the Governor in Council.

  • Return to footnote ^*[Note: Sections 272 to 278 in force on assent March 27, 2002; sections 1 to 69, 76 and 78 to 116, subsection 117(1) and sections 118 to 166, 169 to 209, 212 to 220, 222 to 226, 228 to 232, 234 to 271, 279 to 282 and 284 in force April 1, 2003, see SI/2003-48.]