Short Title

Marginal note:Short title

1 This Act may be cited as the Yukon Act.

Interpretation

Marginal note:Definitions

2 In this Act,

adjoining area

zone adjacente

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

Commissioner

commissaire

Commissioner means the Commissioner of the Yukon Territory; (commissaire)

Commissioner in Council

commissaire en conseil

Commissioner in Council means the Commissioner acting by and with the advice and consent of the Council; (commissaire en conseil)

Committee

Comité

Committee means the Advisory Committee on Finance established pursuant to section 14; (Comité)

Council

Conseil

Council means the Council of the Yukon Territory; (Conseil)

Court

Cour

Court means the Supreme Court of the Yukon Territory; (Cour)

gas

gaz

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

intoxicant

boisson alcoolisée

intoxicant includes alcohol, alcoholic, spirituous, vinous, fermented malt or other intoxicating liquor or combination of liquors and mixed liquor a part of which is spirituous, vinous, fermented or otherwise intoxicating and all drinks, drinkable liquids preparations or mixtures capable of human consumption that are intoxicating; (boisson alcoolisée)

Minister

ministre

Minister means the Minister of Indian Affairs and Northern Development; (ministre)

oil

pétrole

oil means

• (a) crude petroleum, regardless of gravity, produced at a well-head in liquid form, and

• (b) any other hydrocarbons, except coal, gas and coal-bed methane, including 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; (pétrole)

oil and gas interest

droit pétrolier ou gazier

oil and gas interest means a right conferred for the purposes of exploration for, or production of, oil or gas or both; (droit pétrolier ou gazier)

ordinance

ordonnance

ordinance includes an ordinance of the Territory passed before, on or after April 1, 1955; (ordonnance)

public lands

terres domaniales

public lands means any land, and any interest in any land, in the Territory that belongs to Her Majesty in right of Canada or of which the Government of Canada has power to dispose; (terres domaniales)

territorial oil and gas minister

ministre territorial responsable des ressources pétrolières et gazières

territorial oil and gas minister means the member of the Executive Council of the Territory designated by the Commissioner as the member having primary responsibility for oil and gas; (ministre territorial responsable des ressources pétrolières et gazières)

Territory

territoire

Territory means the Yukon Territory, comprising the area described in Schedule 1. (territoire)

Yukon oil and gas laws

ordonnance pétrolière ou gazière

Yukon oil and gas laws means ordinances made in respect of oil or gas pursuant to section 17 or 17.1. (ordonnance pétrolière ou gazière)

PART IGovernment

Commissioner

Marginal note:Appointment

3 The Governor in Council may appoint for the Territory a chief executive officer called the Commissioner of the Yukon Territory.

Marginal note:Administration of government

4 The Commissioner shall administer the government of the Territory under instructions given by the Governor in Council or the Minister.

Marginal note:Administrator

5 The Governor in Council may appoint an Administrator to execute the office and functions of the Commissioner during his absence or illness or other inability or when the office of Commissioner is vacant.

Marginal note:Oaths of office

6 The Commissioner and every Administrator appointed under this Act shall, before assuming the duties of his office, take and subscribe such oaths of office and allegiance in such manner as the Governor in Council may prescribe.

Marginal note:Salaries

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

Seat of Government

Marginal note:Location

8 The seat of government of the Territory shall be at such place as may be designated by the Governor in Council.

Council

Marginal note:Council established

• 9 (1) There is hereby established a Council of the Yukon Territory, the members of which shall be elected to represent such electoral districts in the Territory as are named and described by the Commissioner in Council.

• Marginal note:Size of Council

  (2) The Council consists of twelve members, but the Commissioner in Council may make ordinances to increase or decrease the membership to a number not less than twelve nor greater than twenty.

• Marginal note:Duration of Council

  (3) Every Council shall continue for four years from the date of the return of the writs for the general election and no longer, but the Governor in Council may at any time, after consultation with the Council where the Governor in Council deems consultation to be practicable or, otherwise, after consultation with each of the members of the Council with whom consultation can then be effected, dissolve the Council and cause a new Council to be elected.

Marginal note:Oaths of office

10 Each member of the Council shall, before assuming the duties of his office, take and subscribe before the Commissioner such oaths of office and allegiance as the Governor in Council may prescribe.

Marginal note:Yearly session

11 The Commissioner shall convene at least one session in every calendar year so that twelve months shall not intervene between the last sitting of the Council in one session and its first sitting in the next session.

Marginal note:Speaker

• 12 (1) The Council shall elect one of its members to be Speaker.

• Marginal note:Speaker to preside

  (2) The Speaker shall preside over the Council when it is in session.

Marginal note:Quorum

13 A majority of the Council, including the Speaker, constitutes a quorum.

Marginal note:Advisory Committee on Finance

• 14 (1) There shall be an Advisory Committee on Finance consisting of three members of the Council to be appointed by the Commissioner on the recommendation of the Council.

• Marginal note:Quorum

  (2) Two members of the Committee constitute a quorum.

• Marginal note:Consultation with Committee

  (3) The Commissioner shall consult with the Committee in the preparation of the estimates of the expenditures and appropriations required to defray the charges and expenses of the public services of the Territory for each fiscal year.

Marginal note:Qualifications of electors and candidates

15 The Commissioner in Council may prescribe

• (a) the qualifications of persons as electors and the qualifications of electors to vote at an election of members of the Council;

• (b) the qualifications of persons as candidates for election as members of the Council; and

• (c) the reasons for which an elected member of the Council may be or become disqualified from being or sitting as a member of the Council.

Marginal note:Sessional indemnity and expenses

• 16 (1) Subject to subsection (3), each member of the Council shall be paid out of the Yukon Consolidated Revenue Fund such annual indemnity and such travel and living expenses for each session of the Council as the Commissioner in Council may prescribe.

• Marginal note:Indemnities and expenses of Committee members

  (2) Subject to subsection (3), each member of the Advisory Committee on Finance and of any other committee of the Council shall be paid out of the Yukon Consolidated Revenue Fund, in addition to his annual indemnity, such indemnity and such travel and living expenses as the Commissioner in Council may prescribe.

• Marginal note:Payment of indemnities

  (3) The Commissioner in Council may prescribe the terms and conditions on which the indemnities and travel and living expenses prescribed pursuant to subsections (1) and (2) shall be paid to members of the Council or any committee thereof.

• Marginal note:Part of indemnity not taxable

  (4) The first one thousand dollars of the indemnity paid to a member of the Council under subsection (1) in any year is not income for the purposes of the Income Tax Act.

Legislative Powers of Commissioner in Council

Marginal note:Legislative powers

• 17 (1) The Commissioner in Council may, subject to this Act and any other Act of Parliament, make ordinances for the government of the Territory in relation to the following classes of subjects:

  • (a) direct taxation within the Territory in order to raise a revenue for territorial, municipal or local purposes;

  • (b) the establishment and tenure of territorial offices and the appointment and payment of territorial officers;

  • (c) municipal institutions in the Territory, including municipalities, school districts, local improvement districts and irrigation districts;

  • (d) election of members of the Council and controverted elections;

  • (e) the licensing of any business, trade, calling, industry, employment or occupation in order to raise a revenue for territorial, municipal or local purposes;

  • (f) the incorporation of companies with territorial objects, including tramways and street railway companies but excluding railway, steamship, air transport, canal, telegraph, telephone or irrigation companies;

  • (g) the solemnization of marriage in the Territory;

  • (h) property and civil rights in the Territory;

  • (i) the administration of justice in the Territory, 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;

  • (j) the establishment, maintenance and management of prisons, jails or lock-ups designated as such by the Commissioner in Council under paragraph 43(b), the duties and conduct of persons employed therein or otherwise charged with the custody of prisoners, and all matters pertaining to the maintenance, discipline or conduct of prisoners including their employment outside as well as within a prison, jail or lock-up;

  • (k) the issuing of licences or permits to scientists or explorers to enter the Territory or any part thereof and the prescription of the conditions under which those licences or permits may be issued and used;

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

  • (m) the preservation of game in the Territory;

  • (n) education in the Territory, subject to the conditions that any ordinance respecting education shall always provide that

    • (i) a majority of the ratepayers of any district or portion of the Territory, or of any less portion or subdivision thereof, by whatever name the same is known, may establish such schools therein as they think fit, and make the necessary assessment and collection of rates therefor, and

    • (ii) the minority of the ratepayers in the area referred to in subparagraph (i), whether Protestant or Roman Catholic, may establish separate schools therein, in which case the ratepayers establishing Protestant or Roman Catholic separate schools are liable only to assessments of such rates as they impose on themselves in respect thereof;

  • (n.1) the management and sale of the properties referred to in subsection 47(1) and of the timber and wood thereon;

  • (o) the closing up, varying, opening, establishing, building, management or control of any roads, streets, lanes or trails on public lands;

  • (p) intoxicants;

  • (q) the establishment, maintenance and management of hospitals in and for the Territory;

  • (r) agriculture;

  • (s) the expenditure of territorial funds and such portion of any moneys appropriated by Parliament for the Territory as the Commissioner is authorized to expend by and with the advice of the Council;

  • (t) generally, all matters of a merely local or private nature in the Territory;

  • (u) the imposition of fines, penalties, imprisonment or other punishments in respect of the contravention of the provisions of any ordinance; and

  • (v) such other matters as may be designated by the Governor in Council.

• Marginal note:Oil and gas in adjoining area

  (2) Any powers of the Commissioner in Council under subsection (1) in respect of oil and gas extend to the adjoining area.

Marginal note:Ordinances relating to oil and gas

• 17.1 (1) The Commissioner in Council may, subject to this Act and any other Act of Parliament, make ordinances in relation to

  • (a) exploration for oil or gas in the Territory and the adjoining area;

  • (b) development, conservation and management of oil or gas in the Territory and the adjoining area, including ordinances in relation to the rate of primary production therefrom; and

  • (c) oil or gas pipelines, other than pipelines connecting the Territory with any other part of Canada or extending beyond the limits of the Territory.

• Marginal note:Export of oil and gas

  (2) The Commissioner in Council may, subject to this Act and any other Act of Parliament, make ordinances in relation to the export, from the Territory or the adjoining area to another part of Canada, of the primary production from oil or gas in the Territory or the adjoining area, but such ordinances may not authorize or provide for discrimination in prices or in supplies exported to another part of Canada.

• Marginal note:Taxation of oil and gas

  (3) The Commissioner in Council may, subject to this Act and any other Act of Parliament, make ordinances in relation to the raising of money by any mode or system of taxation in respect of oil or gas in the Territory or the adjoining area and the primary production therefrom, whether or not such production is exported in whole or in part from the Territory or that area, but such ordinances may not authorize or provide for taxation that differentiates between production exported to another part of Canada and production not exported from the Territory or that area.

• Marginal note:Meaning of primary production

  (4) For the purposes of this section, production of oil or gas is primary production if

  • (a) it is in a form in which it exists upon its recovery or severance from its natural state; or

  • (b) it is a product resulting from processing or refining the oil or gas and is not a manufactured product or a product resulting from refining crude oil, refining upgraded heavy crude oil or refining a synthetic equivalent of crude oil.

• Marginal note:Existing powers or rights

  (5) Nothing in subsections (1) to (4) derogates from any powers or rights that the Commissioner in Council has under any other provision of this Act.

Marginal note:Restrictions on powers

18 Nothing in section 17 or 17.1 shall be construed as giving the Commissioner in Council greater powers with respect to any class of subjects described in those sections than are given to legislatures of the provinces under sections 92, 92A and 95 of the Constitution Act, 1867 with respect to similar classes of subjects described in those sections.

Marginal note:Game ordinances in respect of Indians and Inuit

• 19 (1) Notwithstanding section 18 but subject to subsection (3), the Commissioner in Council may make ordinances for the government of the Territory, in relation to the preservation of game in the Territory, that are applicable to and in respect of Indians and Inuit.

• Marginal note:Presumption in respect of Indians and Inuit

  (2) Any ordinances made by the Commissioner in Council in relation to the preservation of game in the Territory, unless the contrary intention appears therein, are applicable to and in respect of Indians and Inuit.

• Marginal note:Hunting for food

  (3) Nothing in subsections (1) and (2) shall be construed as authorizing the Commissioner in Council to make ordinances restricting or prohibiting Indians or Inuit from hunting for food, on unoccupied Crown lands, game other than game declared by the Governor in Council to be game in danger of becoming extinct.

• Marginal note:Application of subsection (3)

  (4) After a first nation’s final agreement, within the meaning of the Yukon First Nations Land Claims Settlement Act, is given effect by or under that Act, subsection (3) does not apply in respect of

  • (a) hunting by persons eligible to be enrolled under the agreement; or

  • (b) hunting by any person in the first nation’s traditional territory as identified in the agreement.

Marginal note:Agreements with Government of Canada

20 The Commissioner in Council may make ordinances authorizing the Commissioner to enter into an agreement with the Government of Canada under and for the purposes of any Act of Parliament that authorizes the Government of Canada to enter into agreements with the provinces, but no such agreement shall be entered into by the Commissioner without the approval of the Governor in Council.

Marginal note:Borrowing and lending

• 21 (1) The Commissioner in Council may make ordinances

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

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

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

• Marginal note:Restriction

  (2) No money shall be borrowed under the authority of this section without the approval of the Governor in Council.

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

  (3) The repayment of all money borrowed under the authority of this section, and the payment of interest thereon, is a charge on and payable out of the Yukon Consolidated Revenue Fund.

Marginal note:Ordinances to be laid before Parliament

• 22 (1) A copy of every ordinance made by the Commissioner in Council shall be transmitted to the Governor in Council within thirty days after the passing thereof and shall be laid before both Houses of Parliament as soon as conveniently may be thereafter.

• Marginal note:Disallowance

  (2) Any ordinance or any provision of any ordinance may be disallowed by the Governor in Council at any time within one year after its passage.

Restriction of Oil and Gas Interests in Certain Areas

Marginal note:Prohibition

• 22.1 (1) No oil and gas interest may be granted pursuant to Yukon oil and gas laws, and no activities may be authorized pursuant to Yukon oil and gas laws, in or on any public lands or lands in the adjoining area that are designated under subsection (2), other than excepted interests or activities of a class specified under that subsection.

• Marginal note:Lands that may be designated

  (2) Not earlier than 60 days and not later than 120 days after the publication of a notice under subsection (3), the Governor in Council, on the recommendation of the Minister and any other federal minister who has the administration of the lands, may designate public lands or lands in the adjoining area and specify classes of excepted interests in or activities on those lands where, in the opinion of those ministers, the existence of oil and gas interests or the conduct of activities pursuant to Yukon oil and gas laws, other than interests or activities so excepted, 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 such a settlement.

• Marginal note:Publication of notice

  (3) Notice of a proposed designation, including a description of the lands to be designated and any classes of excepted interests or activities, shall be published in the Canada Gazette.

• Marginal note:Notification of territorial minister

  (4) The Minister shall give notice to the territorial oil and gas minister of a proposed designation before the publication of the notice under subsection (3).

• Marginal note:Consideration of views

  (5) Before ministers recommend the designation of lands to the Governor in Council, they shall consider any views of the territorial oil and gas minister and of members of the public with respect to the proposed designation received during the period of 60 days following the publication of the notice under subsection (3).

• Marginal note:Where designation modified

  (6) Where the requirements of subsections (3) and (4) have been satisfied, no further notice is required for a designation that varies from the proposed designation only in that

  • (a) not all the lands described in the notice are designated; or

  • (b) classes of excepted interests or activities are specified that were not described in the notice.

• Marginal note:Interim prohibition

  (7) No oil and gas interest may be granted pursuant to Yukon oil and gas laws, and no activities may be authorized pursuant to Yukon oil and gas laws, in or on lands described in a notice of a proposed designation, other than interests or activities of such excepted classes as may be specified in the notice, for a period of 120 days following the publication of the notice under subsection (3) or until the publication, during that period, of a notice in the Canada Gazette of the Minister’s intention not to recommend the proposed designation.

• Marginal note:Publication of notice of designation

  (8) When lands are designated by the Governor in Council, a notice of the designation containing a description of the designated lands and of any classes of excepted interests or activities shall be published in the Canada Gazette.

Consistent Exercise of Powers

Marginal note:Exercise of federal powers

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

Laws Applicable to Territory

Marginal note:Existing laws continued

• 23 (1) Subject to this Act, the laws relating to civil and criminal matters and the ordinances in force in the Northwest Territories on June 13, 1898 are and remain in force in the Territory, in so far as they are applicable thereto, and in so far as they have not been or are not hereafter repealed, abolished or altered by Parliament or by any ordinance.

• Marginal note:Laws applicable to Inuit

  (2) All laws of general application in force in the Territory are, except where otherwise provided, applicable to and in respect of Inuit in the Territory.

Yukon Consolidated Revenue Fund

Marginal note:Yukon C.R.F.

• 24 (1) All public moneys and revenue over which the Commissioner in Council 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 Commissioner shall establish, in the name of the government of the Territory, 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 Commissioner designates for the deposit of public moneys and revenue.

Marginal note:Recommendation of Commissioner

25 It is not lawful for the Council to adopt or pass any vote, resolution, address or bill for the appropriation of any part of the public revenue of the Territory, or of any tax or impost, to any purpose that has not been first recommended to the Council 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

26 When a sum of money is granted to Her Majesty by Parliament to defray expenses for a specified public service in the Territory, the power of appropriation by the Commissioner in Council over that sum is subject to the specified purpose for which it is granted.

Territorial Accounts

Marginal note:Submission of Territorial Accounts to Council

27 A report for each fiscal year of the Territory, called the Territorial Accounts, shall be laid before the Council by the Commissioner on or before such day following the termination of the fiscal year as the Council may fix, and the Council shall consider the report.

Marginal note:Form and contents

28 The Territorial Accounts shall be in such form as the Commissioner may direct, and shall include

• (a) a report on the financial transactions of the fiscal year;

• (b) a statement, certified by the Auditor General of Canada, of the expenditures and revenues of the Territory for the fiscal year;

• (c) a statement, certified by the Auditor General of Canada, of assets and liabilities as at the termination of the fiscal year; and

• (d) such other information or statements as are required in support of the statements referred to in paragraphs (b) and (c), or as are required by ordinance or by the Minister.

Marginal note:Fiscal year

29 The fiscal year of the Territory is the period beginning on April 1 in one year and ending on March 31 in the following year.

Marginal note:Examination and report by Auditor General

• 30 (1) The accounts and financial transactions of the Territory shall be examined by the Auditor General of Canada who shall report annually to the Council the result of that examination, and the report shall state whether in his opinion

  • (a) proper books of account have been kept by the Territory;

  • (b) the financial statements of the Territory were prepared on a basis consistent with that of the preceding fiscal year and are in agreement with the books of account;

  • (c) the statement of expenditures and revenues gives a true and fair view of the expenditures and revenues of the Territory for the fiscal year;

  • (d) the statement of assets and liabilities gives a true and fair view of the affairs of the Territory at the end of the fiscal year; and

  • (e) the transactions of the Territory that have come to the notice of the Auditor General have been within the powers of the Territory under this Act and any other Act applicable to the Territory.

• Marginal note:Other matters

  (2) The Auditor General of Canada shall call attention to any other matter falling within the scope of the examination made under subsection (1) that in the opinion of the Auditor General should be brought to the attention of the Council.

Marginal note:Powers of Auditor General

31 The Auditor General of Canada has, in connection with the examination of the accounts of the Territory, all the powers that the Auditor General has under the Auditor General Act in connection with the examination of the accounts of Canada.

PART IIAdministration of Justice

Judicature

Marginal note:Appointment of judges

32 The Governor in Council shall appoint the judges of such superior, district or county courts as are now or may hereafter be constituted in the Territory.

Marginal note:Tenure of office of judges

33 The judges of the superior, district and county courts in the Territory shall hold office during good behaviour but are removable by the Governor in Council on address of the Senate and House of Commons and shall cease to hold office on attaining the age of seventy-five years.

Supreme Court

Marginal note:Ex officio judges

34 A judge, other than a deputy judge, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice is ex officio a judge of the Supreme Court of the Yukon Territory.

Marginal note:Deputy judges

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

• Marginal note:Duration of appointment

  (2) A deputy judge may be appointed pursuant to subsection (1) for any particular case or cases or for any specified period.

• Marginal note:Tenure of office

  (2.1) 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

  (3) A deputy judge shall be sworn to the faithful performance of his duties in the same manner as a judge of the Court and, during his appointment, temporarily has and may exercise and perform all the powers, authorities and functions of a judge of the Court and the expression “judge of the Court” shall be deemed to include a deputy judge of the Court.

Marginal note:Residence

36 Unless the Governor in Council, by order, otherwise provides, the judges of the Court, other than ex officio judges and deputy judges, shall reside in the city of Whitehorse or within forty kilometres thereof.

Marginal note:Court may sit in N.W.T. or Nunavut

37 The Court may sit in the Northwest Territories or Nunavut for the purpose of hearing a civil case other than a civil case where the Court sits with a jury.

Marginal note:Power when sitting in N.W.T. or Nunavut

38 When the Court sits in the Northwest Territories or Nunavut, the Court has and may exercise and perform all the powers, duties and functions in the Northwest Territories or Nunavut that it has and may exercise and perform when sitting in the Yukon Territory.

Court of Appeal

Marginal note:Sittings

39 The Court of Appeal of the Territory may sit in the Territory or in the Province of British Columbia.

Criminal Trials Held in the Northwest Territories or Nunavut

Marginal note:Minister of Justice to order trial in N.W.T. or Nunavut

• 40 (1) Whenever it appears to the satisfaction of the Minister of Justice that it is expedient to the ends of justice that the trial of any person charged with an indictable offence alleged to have been committed north of the 65th parallel of latitude, in the Yukon Territory, should be held in some district or place other than that in which the offence is alleged to have been committed or would otherwise be triable, the Minister of Justice may order that the trial shall be proceeded with in the Northwest Territories or Nunavut before the court or judge named in the order, and thereupon the court or judge so named has jurisdiction to try that person.

• Marginal note:N.W.T. Act or Nunavut Act to apply

  (2) The Northwest Territories Act or the Nunavut Act, as the case may be, apply to a trial described in subsection (1).

Police Magistrates

Marginal note:Powers

41 A police magistrate has and may exercise and perform the powers, duties and functions of a justice of the peace or any two justices of the peace under this Act or any other law or ordinance in force in the Territory.

Justices of the Peace

Marginal note:Powers

42 Every justice of the peace in and for the Territory has and may exercise and perform, throughout the Territory, the powers, duties and functions of two justices of the peace under any law or ordinance in force in the Territory.

Confinement of Prisoners

Marginal note:Prisons in the Territory

43 The following places in the Territory are prisons, jails or lock-ups for the confinement of persons charged with the commission of any offence under a statute, ordinance or other law in force in the Territory or sentenced thereunder to a term of imprisonment not exceeding two years:

• (a) every guardhouse, guardroom or other place of confinement that is maintained or managed by the Royal Canadian Mounted Police; and

• (b) every building or part thereof or other enclosure, other than those referred to in paragraph (a), that is designated as a prison, jail or lock-up for the purposes of this section and section 44 by the Commissioner in Council.

Marginal note:Custody of R.C.M.P., where no prison

44 Where it is impossible or inconvenient, by reason of absence or remoteness, to confine a person referred to in section 43 in a prison, jail or lock-up, the person may be sentenced or directed by a judge of the Court, police magistrate or justice of the peace, as the case may be, to be placed and kept in the custody of the Royal Canadian Mounted Police.

Marginal note:Regulations respecting R.C.M.P. confinement places

45 The Governor in Council may make rules and regulations for the management, discipline and policy of guardhouses, guardrooms or other places of confinement referred to in paragraph 43(a), for the duties and conduct of persons employed therein or otherwise charged with the custody of prisoners and for all matters pertaining to the maintenance, discipline or conduct of prisoners including their employment outside as well as within a guardhouse, guardroom or other place of confinement.

Repeal

Marginal note:Repeal of this Part

46 The Governor in Council may, after consulting with the Council, declare this Part or any provision thereof, except sections 32, 33 and 40, to be repealed on a day or days to be fixed by proclamation.

PART II.1Official Languages

Marginal note:Languages Ordinance

46.1 Subject to section 46.2, the ordinance entitled the Languages Act, made on May 18, 1988 by the Commissioner in Council, may be amended or repealed by the Commissioner in Council only if the amendment or repeal is concurred in by Parliament through an amendment to this Act.

Marginal note:Additional rights and services

46.2 Nothing in this Part shall be construed as preventing the Commissioner, the Commissioner in Council or the Government of the Territory 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 the ordinance referred to in section 46.1, whether by amending that ordinance, without the concurrence of Parliament, or by any other means.

PART IIIGeneral

Lands

Marginal note:Lands vested in Her Majesty

• 47 (1) The following properties are and remain vested in Her Majesty in right of Canada:

  • (a) lands acquired before, on or after April 1, 1955 with territorial funds;

  • (b) public lands, the administration and control of which has before, on or after April 1, 1955 been transferred by the Governor in Council to the Commissioner;

  • (c) all roads, streets, lanes and trails on public lands;

  • (d) lands acquired by the Commissioner pursuant to tax sale proceedings; and

  • (e) any oil and gas in the adjoining area, the administration and control of which has been transferred by the Governor in Council to the Commissioner.

• Marginal note:Administration and control

  (2) The Commissioner has the administration and control of the properties referred to in subsection (1) and may use, sell or otherwise dispose of them and retain the proceeds of the use or disposition.

• Marginal note:Transfer to Minister

  (3) The Commissioner may, with the approval of the Governor in Council, transfer, either in perpetuity or for any lesser term, the administration and control of the entire or any lesser interest in any property referred to in subsection (1) to any Minister of the Government of Canada.

Marginal note:Transfer to Commissioner

47.1 The Governor in Council may transfer to the Commissioner, either in perpetuity or for any lesser term, the administration and control of the entire or any lesser interest in any public lands, or the administration and control of any oil and gas in the adjoining area.

Marginal note:Settlement of land claims affecting oil and gas

• 47.2 (1) For purposes of the settlement of an aboriginal land claim or the implementation of such a settlement, the Governor in Council may, on the recommendation of the Minister, take from the Commissioner the administration and control of any oil and gas in public lands, or in lands in the adjoining area.

• Marginal note:Notification

  (2) At least 60 days before the Governor in Council takes the administration and control of oil and gas, the Minister shall notify the territorial oil and gas minister of the proposed taking.

• Marginal note:Consideration of views

  (3) Before recommending the taking of the administration and control of oil and gas, the Minister shall consider any views with respect to the proposed taking received from the territorial oil and gas minister during the period of 60 days following the notification under subsection (2).

• Marginal note:Modification after notice

  (4) Where the Minister has notified the territorial oil and gas minister of a proposed taking, no further notification is required if administration and control are taken of only a portion of the oil and gas.

Reindeer

Marginal note:Regulations respecting reindeer

48 The Governor in Council may make regulations

• (a) authorizing the Minister to enter into agreements with Indians or Inuit, or persons with Indian or Inuit blood living the life of an Indian or Inuk, for the herding of reindeer that are the property of Her Majesty, which agreements, if deemed advisable by the Minister, shall include provisions for the transfer of such portions of the herds as may be therein specified to the herders on satisfactory completion of the agreements;

• (b) for the control, management, administration and protection of reindeer in the Territory, whether they are the property of Her Majesty or otherwise;

• (c) for the sale of reindeer and the slaughter or other disposal of surplus reindeer and the carcasses thereof; and

• (d) controlling or prohibiting the transfer or shipment by any means of reindeer or their carcasses or parts thereof, whether they are the property of Her Majesty or otherwise, from any place in the Territory to any other place within or outside the Territory.

Marginal note:Seizure

49 Where a peace officer or any person who is a game officer under any ordinance believes on reasonable grounds that any reindeer has been killed, that any reindeer or part thereof has been taken, transferred, shipped or had in possession in contravention of the regulations or that any vessel, vehicle, aeroplane, firearm, trap or other article or thing has been used in contravention of the regulations, he may, in the Territory, without a warrant, effect seizure thereof.

Marginal note:Forfeiture

50 Every seizure made under section 49 shall be reported as soon as practicable to a justice of the peace who may, on satisfying himself that the reindeer or part thereof or the vessel, vehicle, aeroplane, firearm, trap or other article or thing has been taken, dealt with or used in contravention of the regulations, declare it to be forfeited to Her Majesty and, on that declaration, it is forfeited.

Marginal note:Application of the Game Export Act

51 The Game Export Act applies to reindeer or the carcasses or part thereof and, for that purpose, under that Act

• (a) “game” shall be deemed to include reindeer, carcasses or part thereof;

• (b) “killed” shall be deemed to include the taking or capture of or dealing in live reindeer; and

• (c) “export permit” shall be deemed to include a permit or licence issued under the regulations made pursuant to section 48 of this Act.

Intoxicants

Marginal note:Manufacture of intoxicants

• 52 (1) No intoxicant shall be manufactured, compounded or made in the Territory except by permission of the Commissioner or a person authorized by him.

• Marginal note:Importation of intoxicants

  (2) No intoxicant shall be imported or brought into the Territory from any place outside the Territory, whether it is in Canada or elsewhere, except by permission of the Commissioner or a person authorized by him.

Marginal note:Subject to customs and excise laws

53 Intoxicants manufactured, compounded or made in the Territory or imported or brought into the Territory are subject to the customs and excise laws of Canada.

Marginal note:Seizure

54 Where a peace officer believes on reasonable grounds that any intoxicant has been manufactured, compounded or made in the Territory or imported or brought into the Territory from any place outside the Territory in contravention of this Act or that any vessel, vehicle, aeroplane, appliance, article or thing has been used for any of the above purposes in contravention of this Act, he may, in the Territory, without a warrant, effect seizure thereof.

Marginal note:Forfeiture

55 Every seizure made under section 54 shall be reported as soon as practicable to a justice of the peace, who may, on satisfying himself that the intoxicant or the vessel, vehicle, aeroplane, appliance, article or thing has been manufactured, compounded, made, imported, brought in or dealt with or used in contravention of this Act, declare it to be forfeited to Her Majesty, and on that declaration it is forfeited.

Marginal note:Importation of Intoxicating Liquors Act not applicable

56 The Importation of Intoxicating Liquors Act does not apply to the importation, sending, taking or transportation of intoxicating liquors into the Territory.

Mentally Disordered Persons

Marginal note:Arrangements for transfer to provincial institutions

• 57 (1) The Commissioner may, subject to the approval of the Minister, arrange with any province for the admission to mental institutions, asylums or other suitable places in the province of

  • (a) mentally disordered persons, for the purpose of their confinement, care and maintenance until the pleasure of the Commissioner is made known or until they are discharged by law;

  • (b) persons in respect of whom the Court, a police magistrate of the Territory or a justice of the peace in and for the Territory has ordered that a psychiatric examination be made, for the purpose of that examination; and

  • (c) persons in respect of whom the Commissioner has approved psychiatric examination and treatment, for the purpose of that examination and, where necessary, treatment.

• Marginal note:Compensation to province

  (2) An arrangement described in subsection (1) may provide for compensation to be paid to the province in respect of the confinement, care, maintenance, examination and treatment of persons described in that subsection.

• Marginal note:Payment out of Yukon C.R.F.

  (3) The compensation paid to a province under subsection (2) shall be paid out of the Yukon Consolidated Revenue Fund.

Marginal note:Recapture of escaped mentally disordered persons

• 58 (1) Where a mentally disordered person has escaped from a mental institution, asylum or other place of confinement, within or outside the Territory, any person employed therein or connected therewith or other person requested by the person in immediate charge or control thereof may, within forty-eight hours after the escape, without a warrant, retake the escaped person and return him to the place from which he escaped, or may, if a warrant is issued to him for that purpose, do so at any time after the escape up to the time specified in the warrant.

• Marginal note:Warrants

  (2) A warrant may be issued for the purposes of subsection (1) by the person in immediate charge or control of the mental institution, asylum or other place of confinement from which the escape was made and shall contain the name and description of the escaped mentally disordered person, the name and office, if any, of the person to whom it is issued, the place to which and the person to whom the escaped person is to be returned and the time, not exceeding three months, for which the warrant is valid.

• Marginal note:Custody of recaptured persons

  (3) An escaped person who is returned to custody under this section shall remain in custody under the authority by virtue of which he was detained prior to his escape.

Neglected Children

Marginal note:Arrangements for care in provincial institutions

• 59 (1) The Commissioner may, subject to the approval of the Minister, arrange with any province for the removal of neglected children from the Territory to foster homes or suitable institutions in that province, for their care, education and maintenance therein and for the compensation to be paid therefor to that province.

• Marginal note:Payment out of Yukon C.R.F.

  (2) The compensation to be paid to a province under subsection (1) shall be paid out of the Yukon Consolidated Revenue Fund.

Cultural Sites and Property

Marginal note:Regulations

60 The Governor in Council may make regulations for the protection, care and preservation of sites, works, objects and specimens of archaeological, ethnological or historical importance, interest or significance and explorers’ cairns and explorers’ documents.

Marginal note:Power to seize

61 Where any peace officer believes on reasonable grounds that any object, specimen or document has been removed, taken, shipped, had in possession or otherwise dealt with contrary to the regulations, he may, in the Territory, without a warrant, effect seizure thereof.

Marginal note:Forfeiture

62 Every seizure made under section 61 shall be reported as soon as practicable to a justice of the peace, who may, on satisfying himself that the object, specimen or document was removed, taken, shipped, had in possession or otherwise dealt with contrary to the regulations, declare it to be forfeited to Her Majesty, and on that declaration it is forfeited.

Offence and Punishment

Marginal note:General offence and punishment

63 Every person who contravenes any provision of this Act or the regulation is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both.

Marginal note:Export of gold without payment of royalty

• 64 (1) Every person who exports or attempts to export from the Territory any gold that was obtained from placer mining operations, and with respect to which any royalty imposed by law has not been paid, is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three years or to both.

• Marginal note:Forfeiture

  (2) Where a person is convicted under subsection (1), the convicting magistrate or justice may in his discretion order that the gold in respect of which the conviction is had is forfeited to Her Majesty, and thereupon the gold shall be so forfeited.

• Marginal note:Production of certificate that royalty paid

  (3) Every person about to export gold described in subsection (1) from the Territory shall on demand produce to any peace officer a certificate from the Commissioner of the Territory or person authorized by the Commissioner certifying that the royalty with respect to the gold has been paid and failure to produce the certificate on that demand is evidence that the royalty has not been paid.

• Marginal note:Search without warrant and seizure

  (4) Where any peace officer believes on reasonable grounds that any person has committed or has reason to believe that any person is about to commit an offence described in subsection (1) or has in his possession or in his belongings any gold in respect of which the royalty has not been paid, the peace officer may without warrant search such person and his belongings and any articles believed to be his belongings and may seize any such gold found on the person or in those belongings.

• Marginal note:Search of female

  (5) No female shall be searched pursuant to this section except by a suitable woman who is a peace officer or is authorized by the peace officer to make the search.

• Marginal note:Detention of seized gold

  (6) Any gold seized pursuant to subsection (4) may be detained for a period of six months and, if before the expiration of that period any proceedings with respect to that gold are taken under this Act, may be further detained until the proceedings are finally concluded.

• Marginal note:Definition of “peace officer”

  (7) For the purpose of this section, the expression peace officer means a peace officer as defined in the Criminal Code.