Yukon Act

Link to law: http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2002_7/FullText.html

Yukon Act

S.C. 2002, c. 7

Assented to 2002-03-27

An Act to replace the Yukon Act in order to modernize it and to implement certain provisions of the Yukon Northern Affairs Program Devolution Transfer Agreement, and to repeal and make amendments to other Acts

SUMMARY

The purpose of this enactment is to replace the current Yukon Act in order to modernize it, by reflecting responsible government in Yukon and renaming a number of public institutions to reflect current practice, and to provide the Legislature of Yukon with new powers over public real property and waters.

The enactment includes a preamble stating that Yukon has a system of responsible government that is similar in principle to that of Canada. It also contains details on the relationship between the Commissioner of Yukon and the Executive Council which are consistent with the conventions of modern government in Canada.

The enactment renames the “Council” as the “Legislative Assembly of Yukon”, the “Commissioner in Council” as the “Legislature of Yukon” and “ordinances” as “laws of the Legislature”. The enactment reaffirms the Auditor General of Canada as the auditor of the Yukon Government, but also makes provisions for the Yukon Government to appoint its own independent auditor at a future date to be fixed by the Governor in Council.

New powers are provided as part of the implementation of a number of provisions of the Yukon Northern Affairs Program Devolution Transfer Agreement, which provides for the transfer of the administration and control of most public real property and water rights in Yukon to the Commissioner. The enactment includes provisions for the repeal of federal legislation governing the property and rights being transferred.

Preamble

Whereas Yukon is a territory that has a system of responsible government that is similar in principle to that of Canada;

And Whereas the enactment of legislation is required to implement certain provisions of the Yukon Northern Affairs Program Devolution Transfer Agreement, negotiated by representatives of certain first nations, the Government of Canada and the Yukon Government;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

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”

« zone adjacente »

“adjoining area” means the area outside Yukon and landward of the northern limit described in Schedule 2.

“federal agent corporation”

« société mandataire fédérale »

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

“federal conservation area”

« aire de conservation fédérale »

“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.

“former Act”

« ancienne loi »

“former Act” means the Yukon Act, chapter Y-2 of the Revised Statutes of Canada, 1985.

“gas”

« gaz »

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

“Minister”

« ministre »

“Minister” means the Minister of Indian Affairs and Northern Development.

“national park”

« parc national »

“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.

“oil”

« pétrole »

“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.

“public real property”

« biens réels domaniaux »

“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.

“waters”

« eaux »

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

“Yukon”

« Yukon »

“Yukon” means the territory consisting of the area described in Schedule 1.

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.

Marginal note:Action of Commissioner

(3) The Commissioner shall act in accordance with any written instructions given to the Commissioner by the Governor in Council or the Minister.

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 senior judge, within the meaning of subsection 22(3) of the Judges Act, 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) No money may be borrowed under a law made under paragraph (1)(a) without the approval of the Governor in Council.

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: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 Canadian Institute of Chartered Accountants 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 Canadian Institute of Chartered Accountants 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 Institute 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.

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. Subsection 4(3) of this Act is repealed on the day that is 10 years after the day on which that subsection comes into force.

69. (1) Subsection 22(1) of this Act is renumbered as section 22 and subsections 22(2) and (3) are repealed on the first day on which the final agreements of all first nations, within the meaning of the Yukon First Nations Land Claims Settlement Act, chapter 34 of the Statutes of Canada, 1994, are in effect.

(2) The Minister shall publish a notice of that day in the Canada Gazette.

70. Paragraph 33(b) of this Act is replaced by the following:

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

71. This Act is amended by adding the following after section 33:

Auditor General of Yukon

Marginal note:Appointment of Auditor General

33.1 (1) The Commissioner, with the consent of the Executive Council, shall appoint a qualified auditor as the Auditor General of Yukon.

Marginal note:Terms of appointment

(2) The Auditor General of Yukon shall hold office during good behaviour for a term of 10 years, but may be removed by the Commissioner on address of the Legislative Assembly.

Marginal note:Appointment of Auditor General of Canada

(3) The Auditor General of Canada may act as Auditor General of Yukon if the Auditor General of Canada is of the opinion that it will not interfere with his or her primary responsibilities. Sections 33.2, 37.2 and 37.4 do not apply if the Auditor General of Canada acts as Auditor General of Yukon.

Marginal note:Pension benefits

33.2 The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Auditor General of Yukon.

Marginal note:Duties

33.3 The Auditor General of Yukon shall make such examinations and inquiries as the Auditor General considers necessary to enable him or her to report as required by this Act.

72. The portion of subsection 34(1) of this Act before paragraph (a) is replaced by the following:

Marginal note:Annual audit

34. (1) The Auditor General of Yukon 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 Canadian Institute of Chartered Accountants or its successor and shall express his or her opinion as to whether

73. The portion of section 35 of this Act before paragraph (a) is replaced by the following:

Marginal note:Supplementary report

35. The Auditor General of Yukon 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

74. The portion of section 36 of this Act before paragraph (a) is replaced by the following:

Marginal note:Inquiry and report

36. At the request of the Commissioner, made with the consent of the Executive Council, the Auditor General of Yukon 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

75. Section 37 of this Act is replaced by the following:

Marginal note:Access to information

37. (1) Except as provided by any law made by the Legislature that expressly refers to this subsection, the Auditor General of Yukon 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 members of the public service of Yukon any information, reports and explanations that he or she considers necessary for that purpose.

Marginal note:Stationing of officers in departments

(2) In order to carry out his or her duties more effectively, the Auditor General may station any person employed in his or her office in any portion of the public service of Yukon, and the Yukon Government shall provide the necessary office accommodation for that person.

Marginal note:Oath of secrecy

(3) The Auditor General shall require every person employed in his or her office who is to examine, pursuant to this Act, the accounts of a portion of the public service of Yukon or of a corporation that is expressly declared under any law of the Legislature to be an agent of the Yukon Government to comply with any security requirements applicable to, and to take any oath of secrecy required to be taken by, persons employed in that public service or that corporation.

Marginal note:Powers of Auditor General

(4) The Auditor General may, for the purpose of auditing the accounts of Yukon, in the same manner and to the same extent as a court of record, summon and enforce the attendance of witnesses and compel them to give oral and written evidence on oath and to produce such documents and things as the Auditor General considers necessary for a full review.

Marginal note:Auditor General may request information

37.1 (1) The Auditor General of Yukon may request a corporation that is expressly declared under any law of the Legislature to be an agent of the Yukon Government to obtain and furnish such information and explanations from its present or former directors, officers, employees, agents and auditors or those of any of its subsidiaries as are, in the Auditor General’s opinion, necessary to fulfil his or her responsibilities.

Marginal note:Direction of the Commissioner

(2) If, in the opinion of the Auditor General, a corporation fails to provide any or sufficient information or explanations in response to a request made under subsection (1), the Auditor General may so advise the Commissioner. The Commissioner may then, with the consent of the Executive Council, direct the officers of the corporation to give the Auditor General such information and explanations and access to any records, documents, books, accounts and vouchers of the corporation or any of its subsidiaries as is, in the opinion of the Auditor General, necessary to fulfil his or her responsibilities.

Marginal note:Reliance on audit reports of corporations

(3) In order to fulfil his or her responsibilities, the Auditor General may rely on the report of a duly appointed auditor of a corporation referred to in subsection (1) or of any subsidiary of that corporation.

Marginal note:Appointment of officers, etc.

37.2 (1) The Auditor General of Yukon shall appoint, in accordance with the laws of the Legislature governing employment in the public service of Yukon, such officers and employees as are necessary to enable him or her to perform the Auditor General’s duties.

Marginal note:Suspension or dismissal

(2) The Auditor General may, in accordance with the laws referred to in subsection (1), suspend or dismiss from the performance of his or her duty any person employed in the Auditor General’s office.

Marginal note:Contract for professional services

(3) The Auditor General may, within the total dollar limitations established for his or her office in appropriation laws, contract for professional services.

Marginal note:Delegation

(4) The Auditor General may delegate any of his or her powers under this section to any person or organization that under a law of the Legislature is responsible for the management of the public service of Yukon.

Marginal note:Designation

37.3 The Auditor General of Yukon may designate a member of his or her staff to sign on the Auditor General’s behalf any opinion that he or she is required to give and any report other than a report to the Legislative Assembly, and any member so signing an opinion or report shall indicate beneath his or her signature his or her position in the office of the Auditor General and the fact that he or she is signing on behalf of the Auditor General.

Marginal note:Special report

37.4 The Auditor General of Yukon may make a special report to the Legislative Assembly if he or she is of the opinion that

(a) the amounts provided for his or her office in the estimates are inadequate to enable the Auditor General to fulfil his or her responsibilities; or

(b) the laws of the Legislature governing employment in the public service of Yukon may undermine the independence of the Office of the Auditor General or otherwise interfere with the performance of his or her duties.

76. (1) Section 55 of this Act is repealed on the day on which the National Energy Board gives leave to open the last section or part of the pipeline referred to in the Northern Pipeline Act.

(2) The Minister shall publish a notice of that day in the Canada Gazette.

AMENDMENTS TO OTHER ACTS

R.S., c. A-1Access to Information Act

Marginal note:1994, c. 43, s. 80

77. Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:

Yukon Surface Rights Board

Office des droits de surface du Yukon

Marginal note:

78. Schedule I to the Act is amended by striking out the following under the heading “Other Government Institutions”:

Yukon Territory Water Board

Office des eaux du territoire du Yukon

R.S., c. A-2Aeronautics Act

Marginal note:1999, c. 3, s. 13

79. Paragraph (e) of the definition “superior court” in subsection 3(1) of the English version of the Aeronautics Act is replaced by the following:

(e) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice;

R.S., c. A-12Arctic Waters Pollution Prevention Act

Marginal note:1992, c. 40, s. 49

80. The definition “analyst” in section 2 of the Arctic Waters Pollution Prevention Act is replaced by the following:

“analyst”

« analyste »

“analyst” means a person designated as an analyst pursuant to the Canada Water Act or the Northwest Territories Waters Act;

1991, c. 46Bank Act

Marginal note:1999, c. 3, s. 14

81. Paragraph (f) of the definition “court” in section 2 of the English version of the Bank Act is replaced by the following:

(f) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice;

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 5)

82. The definition “agency” in subsection 427(5) of the English version of the Act is replaced by the following:

“agency”

« agence »

“agency” means, in a province, the office of the Bank of Canada or its authorized representative but does not include its Ottawa office, and in Yukon, the Northwest Territories and Nunavut means the office of the clerk of the court of each of those territories respectively;

R.S., c. B-3; 1992, c. 27, s. 2Bankruptcy and Insolvency Act

Marginal note:1999, c. 3, s. 15

83. Paragraph 183(1)(h) of the Bankruptcy and Insolvency Act is replaced by the following:

(h) in Yukon, the Supreme Court of Yukon, in the Northwest Territories, the Supreme Court of the Northwest Territories, and in Nunavut, the Nunavut Court of Justice.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 7)

84. Paragraph 184(c) of the Act is replaced by the following:

(c) in Yukon, the Commissioner of Yukon,

85. Section 242 of the Act is replaced by the following:

Marginal note:Coming into force

242. This Part shall come into force in the Province of Ontario, Quebec, New Brunswick or Newfoundland or in Yukon only on the issue, at the request of the lieutenant governor in council of that Province or the Commissioner of Yukon, of a proclamation by the Governor in Council declaring it to be in force in that Province or territory.

R.S., c. B-6Boards of Trade Act

Marginal note:

86. Paragraph (b) of the definition “district” in section 2 of the Boards of Trade Act is replaced by the following:

(b) in the Province of British Columbia and in Yukon, any mining division, or any tract of country described as extending to certain specified distances and in certain specified directions from any stated point, within and for which a board of trade is established.

87. Subsection 3(1) of the Act is replaced by the following:

Marginal note:Persons who may form a board of trade

3. (1) Any number of persons, not fewer than thirty, who are merchants, traders, brokers, mechanics, manufacturers, managers of banks or insurance agents, carrying on business in, or resident in, a district that has a population of not less than two thousand five hundred, or in the Province of British Columbia or in Yukon not less than one thousand five hundred, may associate themselves together as a board of trade and appoint a secretary.

R.S., c. C-44; 1994, c. 24, s. 1 (F)Canada Business Corporations Act

Marginal note:1999, c. 3, s. 16

88. Paragraph (e) of the definition “court” in subsection 2(1) of the English version of the Canada Business Corporations Act is replaced by the following:

(e) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice;

R.S.C. 1970, c. C-32Canada Corporations Act

Marginal note:1999, c. 3, s. 17

89. Paragraph (d) of the definition “court” in subsection 3(1) of the English version of the Canada Corporations Act is replaced by the following:

(d) in Yukon, the Supreme Court of Yukon, in the Northwest Territories, the Supreme Court of the Northwest Territories, and in Nunavut, the Nunavut Court of Justice;

2000, c. 9Canada Elections Act

Marginal note:

90. Paragraph (f) of the definition “judge” in subsection 2(1) of the Canada Elections Act is replaced by the following:

(f) in relation to the electoral district of Yukon, a judge of the Supreme Court of Yukon;

91. Paragraphs 22(3)(c) and (d) of the Act are replaced by the following:

(c) a member of the legislature of a province, the Council of the Northwest Territories or the Legislative Assembly of Yukon or Nunavut;

(d) a judge or deputy judge of any superior court or any bankruptcy or insolvency court and, in Yukon and the Northwest Territories, a judge of the Supreme Court;

92. Paragraph 65(c) of the Act is replaced by the following:

(c) a member of the legislature of a province, the Council of the Northwest Territories or the Legislative Assembly of Yukon or Nunavut;

93. Paragraph 311(1)(b) of the Act is replaced by the following:

(b) in the Province of Quebec, New Brunswick or Alberta, Yukon, the Northwest Territories or Nunavut, to a judge of the Court of Appeal of the Province or Territory;

94. Paragraph 525(2)(c) of the English version of the Act is replaced by the following:

(c) in the Provinces of Nova Scotia and British Columbia, Yukon and the Northwest Territories, the Supreme Court;

95. The expression “Yukon Territory” is replaced by the word “Yukon” wherever it occurs in Schedules 2 and 3 to the Act.

R.S., c. C-5Canada Evidence Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 8)

96. Subsection 22(2) of the Canada Evidence Act is replaced by the following:

Marginal note:In the case of the territories

(2) Evidence of any proclamation, order, regulation or appointment made by the Lieutenant Governor or Lieutenant Governor in Council of the Northwest Territories, as constituted prior to September 1, 1905, or by the Commissioner in Council of the Northwest Territories or the Legislature of Yukon or the Legislature for Nunavut, may be given by the production of a copy of the Canada Gazette purporting to contain a copy of the proclamation, order, regulation or appointment, or a notice of it.

R.S., c. L-2Canada Labour Code

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 89)

97. Paragraph 123(1)(a) of the English version of the Canada Labour Code is replaced by the following:

(a) on or in connection with the operation of any federal work, undertaking or business other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut;

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 90)

98. Paragraph 167(1)(a) of the English version of the Act is replaced by the following:

(a) to employment in or in connection with the operation of any federal work, undertaking or business other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut;

R.S., c. L-6Canada Lands Surveys Act

Marginal note:

99. Paragraph (a) of the definition “Commissioner” in subsection 2(1) of the Canada Lands Surveys Act is replaced by the following:

(a) in respect of lands under his or her administration and control under the Yukon Act, the Commissioner of Yukon, and

Marginal note:1998, c. 15, s. 51

100. Section 22 of the Act is replaced by the following:

Marginal note:Surveys made by Canada Lands Surveyor under other Act

22. The provisions of sections 17, 18 and 23 apply, with any modifications that the circumstances require, to surveys under any other Act of Parliament, or any regulation made under such an Act, or any ordinance of the Northwest Territories or any law of the Legislature of Yukon or the Legislature for Nunavut if the Act, regulation, ordinance or law requires the surveys to be made by a Canada Lands Surveyor.

Marginal note:2000, c. 32, s. 49

101. The portion of paragraph 24(1)(a) of the Act before subparagraph (i) is replaced by the following:

(a) any lands belonging to Her Majesty in right of Canada or of which the Government of Canada has power to dispose that are situated in Yukon, the Northwest Territories, Nunavut or in any National Park of Canada and any lands that are

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 103); 1998, c. 14, par. 100(i)(F)

102. Subsection 32(2) of the Act is replaced by the following:

Marginal note:Roads, etc., to be public highways

(2) With respect to Canada Lands situated in Yukon, the Northwest Territories or Nunavut, all allowances laid out in surveys of roads, streets, lanes or commons in any city, town, village or settlement shall be public highways or commons.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 104)

103. The definition “territorial lands” in section 34 of the Act is replaced by the following:

“territorial lands”

« terres territoriales »

“territorial lands” means any lands situated in Yukon, the Northwest Territories or Nunavut.

Marginal note:1999, c. 3, s. 79(1)

104. (1) Paragraph 41(2)(c) of the Act is replaced by the following:

(c) that any person to whom the notice of decision is mailed has a right of appeal from the decision to the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be, within sixty days after the date of the notice; and

Marginal note:1999, c. 3, s. 79(2)

(2) Subsection 41(4) of the Act is replaced by the following:

Marginal note:Who may appeal

(4) Any person to whom a notice of decision is mailed under this section may, within sixty days after the date of the notice of decision and if within that time the person serves the Minister or the Commissioner with a notice of appeal, appeal from the decision of the Minister or the Commissioner to the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be.

1998, c. 10Canada Marine Act

Marginal note:1999, c. 3, s. 18

105. Paragraph (f) of the definition “court” in section 103 of the English version of the Canada Marine Act is replaced by the following:

(f) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice; and

2000, c. 32Canada National Parks Act

106. Part 11 of Schedule 1 to the Canada National Parks Act is amended by replacing the words “Yukon Territory” and “the Yukon Territory”, wherever they occur, with the word “Yukon”.



107. Schedule 2 to the English version of the Act is amended by replacing the words “Yukon Territory” and “the Yukon Territory”, wherever they occur, with the word “Yukon” and by replacing the words “said Territory” with the words “said territory”.

1987, c. 3Canada-Newfoundland Atlantic Accord Implementation Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 8.1); 1998, c. 15, s. 18

108. Paragraph (a) of the definition “frontier lands” in subsection 6(1) of the English version of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:

(a) Yukon, the Northwest Territories, Nunavut or Sable Island, or

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 8.2); 1998, c. 15, s. 18

109. The definition “province” in subsection 218(1) of the English version of the Act is replaced by the following:

“province”

« province »

“province” does not include the Northwest Territories, Yukon or Nunavut.

1998, c. 28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 8.3); 1998, c. 15, s. 18

110. The definition “province” in subsection 223(1) of the English version of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

“province”

« province »

“province” does not include the Northwest Territories, Yukon or Nunavut.

R.S., c. C-8Canada Pension Plan

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 9)

111. Subsection 114(1) of the English version of the Canada Pension Plan is replaced by the following:

Definition of “included province”

114. (1) In this section, “included province” means a province other than Yukon, the Northwest Territories or Nunavut, except a province providing a comprehensive pension plan unless at the time in respect of which the description is relevant there is in force an agreement entered into under subsection 4(3) with the government of that province.

1997, c. 40Canada Pension Plan Investment Board Act

Marginal note:1999, c. 3, s. 19

112. Paragraph (f) of the definition “court” in section 2 of the English version of the Canada Pension Plan Investment Board Act is replaced by the following:

(f) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice.

R.S., c. S-23Canada Student Loans Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 132)

113. Subsection 2(2) of the Canada Student Loans Act is replaced by the following:

Marginal note:Territories

(2) In its application to Yukon, the Northwest Territories and Nunavut, the expression “lieutenant governor in council” in this Act means the Commissioner of Yukon, the Northwest Territories or Nunavut, acting after consultation with the Legislative Assembly of Yukon, the Council of the Northwest Territories or the Legislative Assembly of Nunavut, as the case may be.

1996, c. 10Canada Transportation Act

Marginal note:1999, c. 3, s. 20(1)

114. Paragraph (d) of the definition “superior court” in section 6 of the English version of the Canada Transportation Act is replaced by the following:

(d) in Nova Scotia, British Columbia, Yukon and the Northwest Territories, the Supreme Court,

R.S., c. C-11Canada Water Act

115. The definition “federal waters” in subsection 2(1) of the Canada Water Act is replaced by the following:

“federal waters”

« eaux fédérales »

“federal waters” means, other than in Yukon, waters under the exclusive legislative jurisdiction of Parliament and, in Yukon, waters in a federal conservation area within the meaning of section 2 of the Yukon Act;

1998, c. 5Canada-Yukon Oil and Gas Accord Implementation Act

116. Subsection 19(2) of the Canada-Yukon Oil and Gas Accord Implementation Act is replaced by the following:

Marginal note:Definitions

(2) The expressions “adjoining area”, “gas”, “oil”, “oil and gas interest”, “territorial oil and gas minister” and “Yukon oil and gas laws” in sections 20 to 28 have the same meaning as in section 2 of the Yukon Act, as it read immediately before the coming into force of this subsection.

117. (1) Section 21 of the English version of the Act is replaced by the following:

Marginal note:Exercise of access rights

21. Where Yukon oil and gas laws confer a right of access to lands for purposes of exploration for or production or transportation of oil or gas, and provide for the resolution of disputes between persons exercising that right and persons, other than the Governments of Canada and Yukon, having rights or interests in the surface of those lands, those laws shall provide for such resolution to be by means of access orders of the Yukon Surface Rights Board made in accordance with the Yukon Surface Rights Board Act.

(2) Section 21 of the Act is repealed.

118. Subsections 25(1) and (2) of the English version of the Act are replaced by the following:

Marginal note:Indemnification by Yukon

25. (1) The Yukon Government shall indemnify the Government of Canada against any claim, action or other proceeding for damages brought against the Government of Canada, or any of its employees or agents, arising out of any acts or omissions of the Yukon Government in respect of the operation of Yukon oil and gas laws on and after the transfer date.

Marginal note:Indemnification by Canada

(2) The Government of Canada shall indemnify the Yukon Government against any claim, action or other proceeding for damages brought against the Yukon Government, or any of its employees or agents, after the transfer date in respect of the operation of the Canada Oil and Gas Operations Act, the Canada Petroleum Resources Act or Part II.1 of the National Energy Board Act before the transfer date.

119. The Act is amended by adding the following after section 27:

Marginal note:Laws of the Legislature

27.1 Every reference to “Yukon oil and gas laws” in sections 20, 21, 22 and 25 shall be read so as to include any laws of the Legislature of Yukon in respect of oil and gas.

R.S., c. C-13Canadian Centre for Occupational Health and Safety Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 11)

120. Paragraph 4(b) of the English version of the Canadian Centre for Occupational Health and Safety Act is replaced by the following:

(b) thirteen other governors, one to be nominated by the lieutenant governor in council of each of the ten provinces, one to be nominated by the Commissioner of Yukon, one to be nominated by the Commissioner of the Northwest Territories and one to be nominated by the Commissioner of Nunavut;

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 12)

121. Subsection 26(4) of the English version of the Act is replaced by the following:

Marginal note:Report to be sent to each province

(4) Without delay after the report is laid before Parliament under subsection (2), the Minister shall send a copy of it to the lieutenant governor of each province, the Commissioner of Yukon, the Commissioner of the Northwest Territories and the Commissioner of Nunavut.

1992, c. 37Canadian Environmental Assessment Act

Marginal note:1998, c. 15, subpar. 50(b)(i)

122. (1) The portion of the definition “federal authority” in subsection 2(1) of the Canadian Environmental Assessment Act after paragraph (d) is replaced by the following:

but does not include the Legislature or an agency or body of Yukon or Nunavut, the Commissioner in Council or an agency or body of the Northwest Territories, a council of the band within the meaning of the Indian Act, The Hamilton Harbour Commissioners constituted pursuant to The Hamilton Harbour Commissioners’ Act, The Toronto Harbour Commissioners constituted pursuant to The Toronto Harbour Commissioners’ Act, 1911, a harbour commission established pursuant to the Harbour Commissions Act, a Crown corporation within the meaning of the Financial Administration Act, a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act or a port authority established under that Act;

Marginal note:1998, c. 15, subpar. 50(b)(ii)

(2) Paragraph (a) of the definition “federal lands” in subsection 2(1) of the Act is replaced by the following:

(a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of Yukon, the Northwest Territories or Nunavut and lands the management of which has been granted to a port authority under the Canada Marine Act or a not-for-profit corporation that has entered into an agreement under subsection 80(5) of that Act,

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 14)

123. Subparagraph 48(6)(a)(i) of the Act is replaced by the following:

(i) for the purposes of land claim settlement have been withdrawn from disposal, under the Territorial Lands Act in the case of land areas situated in the Northwest Territories or Nunavut, or under a law of the Legislature of Yukon in the case of land areas situated in Yukon, or

1999, c. 33Canadian Environmental Protection Act, 1999

124. Subparagraph 6(2)(c)(v) of the Canadian Environmental Protection Act, 1999 is replaced by the following:

(v) one representative for all aboriginal governments, except Inuit, in British Columbia and Yukon, and

125. Section 207 of the Act is amended by adding the following after subsection (1):

Marginal note:Yukon

(1.1) This Part does not apply to public real property under the administration and control of the Commissioner of Yukon pursuant to the Yukon Act.

R.S., c. H-6Canadian Human Rights Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 68)

126. Paragraph 37(1)(d) of the Canadian Human Rights Act is replaced by the following:

(d) respecting the procedure to be followed in dealing with complaints under Part III that have arisen in Yukon, the Northwest Territories or Nunavut;

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 69)

127. Section 63 of the Act is replaced by the following:

Marginal note:Application in the territories

63. Where a complaint under this Part relates to an act or omission that occurred in Yukon, the Northwest Territories or Nunavut, it may not be dealt with under this Part unless the act or omission could be the subject of a complaint under this Part had it occurred in a province.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 70(1))

128. Subsections 66(1) and (2) of the Act are replaced by the following:

Marginal note:Binding on Her Majesty

66. (1) This Act is binding on Her Majesty in right of Canada, except in matters respecting the Yukon Government or the Government of the Northwest Territories or Nunavut.

R.S., c. 24 (4th Supp.)Canadian Multiculturalism Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 16)

129. Paragraph (c) of the definition “federal institution” in section 2 of the Canadian Multiculturalism Act is replaced by the following:

(c) any institution of the Council or government of the Northwest Territories or of the Legislative Assembly or government of Yukon or Nunavut, or

1989, c. 3Canadian Transportation Accident Investigation and Safety Board Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 17)

130. Subsection 14(2) of the Canadian Transportation Accident Investigation and Safety Board Act is replaced by the following:

Marginal note:Request by a department or province

(2) Subject to section 18, the Board may investigate a transportation occurrence where a department, the lieutenant governor in council of a province or the Commissioner of the Northwest Territories or Nunavut, or the Commissioner of Yukon with the consent of the Executive Council of that territory, requests the Board to investigate and undertakes to be liable to the Board for any reasonable costs incurred by the Board in the investigation.

R.S., c. C-29Citizenship Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 18)

131. Section 37 of the Citizenship Act is replaced by the following:

Marginal note:Coming into force

37. Sections 35 and 36 shall come into force in any of the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick, British Columbia, Prince Edward Island, Saskatchewan and Newfoundland or in Yukon, the Northwest Territories or Nunavut on a day fixed in a proclamation of the Governor in Council declaring those sections to be in force in that Province or any of those territories.

1992, c. 31Coasting Trade Act

Marginal note:1999, c. 3, s. 21

132. Paragraph (f) of the definition “court” in subsection 16(22) of the English version of the Coasting Trade Act is replaced by the following:

(f) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice, and

R.S., c. C-36Companies’ Creditors Arrangement Act

Marginal note:1999, c. 3, s. 22

133. Paragraph (d) of the definition “court” in section 2 of the Companies’ Creditors Arrangement Act is replaced by the following:

(d) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice;

134. Section 13 of the Act is replaced by the following:

Marginal note:Leave to appeal

13. Except in Yukon, any person dissatisfied with an order or a decision made under this Act may appeal from the order or decision on obtaining leave of the judge appealed from or of the court or a judge of the court to which the appeal lies and on such terms as to security and in other respects as the judge or court directs.

135. Subsection 14(2) of the Act is replaced by the following:

Marginal note:Practice

(2) All appeals under section 13 shall be regulated as far as possible according to the practice in other cases of the court appealed to, but no appeal shall be entertained unless, within twenty-one days after the rendering of the order or decision being appealed, or within such further time as the court appealed from, or, in Yukon, a judge of the Supreme Court of Canada, allows, the appellant has taken proceedings therein to perfect his or her appeal, and within that time he or she has made a deposit or given sufficient security according to the practice of the court appealed to that he or she will duly prosecute the appeal and pay such costs as may be awarded to the respondent and comply with any terms as to security or otherwise imposed by the judge giving leave to appeal.

1991, c. 48Cooperative Credit Associations Act

Marginal note:1999, c. 3, s. 24

136. Paragraph (f) of the definition “court” in section 2 of the English version of the Cooperative Credit Associations Act is replaced by the following:

(f) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice;

R.S., c. C-46Criminal Code

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 25(1))

137. (1) Subparagraph (b)(i) of the definition “Attorney General” in section 2 of the Criminal Code is replaced by the following:

(i) Yukon, the Northwest Territories and Nunavut, or

(2) Paragraph (f) of the definition “superior court of criminal jurisdiction” in section 2 of the Act is replaced by the following:

(f) in Yukon, the Supreme Court,

138. Paragraph 8(1)(a) of the Act is replaced by the following:

(a) in Yukon, in so far as they are inconsistent with the Yukon Act;

Marginal note:1992, c. 51, s. 34

139. Paragraph (d) of the definition “court” in subsection 164(8) of the Act is replaced by the following:

(d) in the Provinces of Nova Scotia and British Columbia, in Yukon and in the Northwest Territories, the Supreme Court, and

Marginal note:1999, c. 3, s. 28

140. Paragraph 188(4)(f) of the Act is replaced by the following:

(f) in Yukon, the Northwest Territories and Nunavut, the senior judge within the meaning of subsection 22(3) of the Judges Act.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 30); 1996, c. 8, par. 31(1)(d)

141. Paragraph (e) of the definition “Minister of Health” in subsection 287(6) of the Act is replaced by the following:

(e) in Yukon, the Northwest Territories and Nunavut, the Minister of Health;

Marginal note:1992, c. 51, s. 36

142. Paragraph (d) of the definition “court” in subsection 320(8) of the Act is replaced by the following:

(d) in the Provinces of Nova Scotia and British Columbia, in Yukon and in the Northwest Territories, the Supreme Court, and

Marginal note:R.S., c. 27 (2nd Supp.), s. 10 (Sch., s. 6(10)); 1999, c. 3, s. 30(1)(E)

143. Paragraph (e) of the definition “judge” in section 493 of the Act is replaced by the following:

(e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 33)

144. Section 533 of the Act is replaced by the following:

Marginal note:Regulations

533. The Lieutenant Governor in Council of a province may make regulations generally for carrying into effect the purposes and provisions of this Part in the province and the Commissioner of Yukon, the Commissioner of the Northwest Territories and the Commissioner of Nunavut may make regulations generally for carrying into effect the purposes and provisions of this Part in Yukon, the Northwest Territories and Nunavut, respectively.

Marginal note:R.S., c. 27 (2nd Supp.), s. 10 (Sch., s. 6(12)); 1999, c. 3, s. 36(1)(E)

145. Paragraph (i) of the definition “judge” in section 552 of the Act is replaced by the following:

(i) in Yukon and the Northwest Territories, a judge of the Supreme Court, and

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 35)

146. Paragraph 745.6(3)(f) of the Act is replaced by the following:

(f) in relation to Yukon, the Northwest Territories and Nunavut, the Chief Justice of the Court of Appeal.

Marginal note:1999, c. 3, s. 53

147. Subsection 745.64(2) of the English version of the Act is replaced by the following:

Marginal note:Territories

(2) When the appropriate Chief Justice is designating a judge of the superior court of criminal jurisdiction, for the purpose of a judicial screening under subsection 745.61(1) or to empanel a jury to hear an application under subsection 745.61(5), in respect of a conviction that took place in Yukon, the Northwest Territories or Nunavut, the appropriate Chief Justice may designate the judge from the Court of Appeal of Yukon, the Northwest Territories or Nunavut, or the Supreme Court of Yukon or the Northwest Territories or the Nunavut Court of Justice, as the case may be.

148. The schedule to Part XXV of the Act is amended by replacing the reference to “Yukon Territory” in column I with a reference to “Yukon”.

Marginal note:1999, c. 3, ss. 55(1) and (2)(E)

149. Paragraph 812(1)(h) of the Act is replaced by the following:

(h) in Yukon and the Northwest Territories, a judge of the Supreme Court; and

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 37)

150. Subsection 814(4) of the Act is replaced by the following:

Marginal note:Territories

(4) In Yukon, the Northwest Territories and Nunavut, an appeal under section 813 shall be heard at the place where the cause of the proceedings arose or at the place nearest to it where a court is appointed to be held.

R.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 38); 1998, c. 15, s. 21

151. The definition “servant” in section 2 of the Crown Liability and Proceedings Act is replaced by the following:

“servant”

« préposés »

“servant” includes agent, but does not include any person appointed or employed by or under the authority of an ordinance of the Northwest Territories or a law of the Legislature of Yukon or of the Legislature for Nunavut;

R.S., c. 1 (2nd Supp.)Customs Act

Marginal note:1992, c. 51, s. 44(1)

152. Paragraph (c) of the definition “court” in subsection 71(2) of the Customs Act is replaced by the following:

(c) in the Provinces of Nova Scotia and British Columbia, in Yukon and in the Northwest Territories, the Supreme Court,

Marginal note:1992, c. 51, s. 45(1)

153. Paragraph 138(5)(c) of the Act is replaced by the following:

(c) in the Provinces of Nova Scotia and British Columbia, in Yukon and in the Northwest Territories, the Supreme Court,

R.S., c. I-6Department of Indian Affairs and Northern Development Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 75)

154. Paragraph 4(b) of the English version of the Department of Indian Affairs and Northern Development Act is replaced by the following:

(b) Yukon, the Northwest Territories and Nunavut and their resources and affairs; and

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 76)

155. Paragraphs 5(a) and (b) of the English version of the Act are replaced by the following:

(a) coordinating the activities in Yukon, the Northwest Territories and Nunavut of the several departments, boards and agencies of the Government of Canada;

(b) undertaking, promoting and recommending policies and programs for the further economic and political development of Yukon, the Northwest Territories and Nunavut; and

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 77)

156. Section 6 of the Act is replaced by the following:

Marginal note:Administration of lands

6. (1) The Minister has the administration of all lands situated in the Northwest Territories and Nunavut belonging to Her Majesty in right of Canada except those lands

(a) that are under the administration of any other minister of the Government of Canada or any agent corporation as defined in subsection 83(1) of the Financial Administration Act; or

(b) that are under the administration and control of the Commissioner of the Northwest Territories pursuant to the Northwest Territories Act or the Commissioner of Nunavut pursuant to the Nunavut Act.

Marginal note:Administration of certain lands in Yukon

(2) The Minister has the administration of all public real property, within the meaning of section 2 of the Yukon Act, that is not under the administration and control of the Commissioner of Yukon under that Act or under the administration of another minister of the Government of Canada or any agent corporation as defined in subsection 83(1) of the Financial Administration Act.

1996, c. 16Department of Public Works and Government Services Act

Marginal note:2001, c. 4, s. 158(1)

157. Subsection 10(1) of the Department of Public Works and Government Services Act is replaced by the following:

Marginal note:Federal real property and federal immovables

10. (1) The Minister has the administration of all federal real property and federal immovables not situated in Yukon, the Northwest Territories or Nunavut except those under the administration of any other minister, board or agency of the Government of Canada or any corporation.

R.S., c. 3 (2nd Supp.)Divorce Act

Marginal note:1999, c. 3, s. 61

158. Paragraph (e) of the definition “court” in subsection 2(1) of the English version of the Divorce Act is replaced by the following:

(e) for Yukon or the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice,

159. Paragraph (a) of the definition “Attorney General” in subsection 18(1) of the Act is replaced by the following:

(a) for Yukon, the member of the Executive Council of Yukon designated by the Commissioner of Yukon,

Marginal note:1997, c. 1, s. 9

160. Paragraph 20.1(1)(c) of the Act is replaced by the following:

(c) any member of the Legislative Assembly of Yukon, or any agency in Yukon, designated by the Commissioner of Yukon;

R.S., c. W-4Dominion Water Power Act

Marginal note:

161. The definitions “Dominion water-powers” and “public lands” in section 2 of the Dominion Water Power Act are replaced by the following:

“Dominion water-powers”

« forces hydrauliques du Canada »

“Dominion water-powers” means any water-powers on public lands, or any other water-powers that are the property of Canada and have been or may be placed under the administration of the Minister, but does not include water-powers on lands under the administration and control of the Commissioner of Yukon;

“public lands”

« terres domaniales »

“public lands” means lands belonging to Her Majesty in right of Canada and includes lands of which the Government of Canada has power to dispose but does not include lands under the administration and control of the Commissioner of Yukon;

1995, c. 44Employment Equity Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 46); 1998, c. 15, s. 25

162. Paragraph (a) of the definition “private sector employer” in section 3 of the English version of the Employment Equity Act is replaced by the following:

(a) a person who employs employees on or in connection with a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut, or

R.S., c. E-6Energy Administration Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 47)

163. Subsection 24(2) of the English version of the Energy Administration Act is replaced by the following:

Marginal note:Prescribing maximum

(2) Notwithstanding subsection (1), the Governor in Council may, by regulation, establish maximum prices for the various qualities and kinds of crude oil to which this Part applies that are produced, extracted or recovered in Yukon, the Northwest Territories or Nunavut.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 48)

164. Subsection 40(2) of the English version of the Act is replaced by the following:

Marginal note:Prescribing prices

(2) Notwithstanding subsection (1), the Governor in Council may, by regulation, prescribe prices at which the various kinds of gas to which this Part applies that are produced, extracted, recovered or manufactured in Yukon, the Northwest Territories or Nunavut are to be sold on or for delivery in any areas or zones in Canada and outside any of those territories or at any points of export from Canada.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 49)

165. Subsection 41(2) of the English version of the Act is replaced by the following:

Marginal note:Territories or offshore area

(2) Where the Governor in Council prescribes prices pursuant to subsection 40(2) or (3) at which the various kinds of gas to which this Part applies that are produced, extracted, recovered or manufactured in Yukon, the Northwest Territories, Nunavut or the offshore area, as the case may be, are to be sold, sections 43 to 55 apply in respect of any of those territories or that offshore area.

R.S., c. E-15Excise Tax Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 50)

166. Subsection 2(2) of the Excise Tax Act is replaced by the following:

Marginal note:Application to territories

(2) For the purposes of this Act, the expression “Her Majesty in right of a province” includes the governments of Yukon, the Northwest Territories and Nunavut and the expression “legislature of any province” includes the Council of the Northwest Territories and the Legislative Assembly of Yukon or Nunavut.

R.S., c. E-21Expropriation Act

Marginal note:1994, c. 43, s. 84

167. Subsection 4(4) of the Expropriation Act is replaced by the following:

Marginal note:Exception

(4) No interest in settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or lands identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act may be expropriated under this Part without the consent of the Governor in Council.

Marginal note:1994, c. 43, s. 86

168. Section 35.1 of the Act is replaced by the following:

Marginal note:Exception

35.1 (1) Notwithstanding any other provision of this Act, any dispute as to the compensation payable in respect of an expropriated interest in land described in subsection 4(4) or (5) may only be heard and determined by the body established under the laws of the Legislature of Yukon having jurisdiction with respect to surface rights and under and in accordance with those laws.

Marginal note:Provisions applicable

(2) Subsection 16(2) and sections 33, 35 and 36 apply, with any modifications that the circumstances require, in respect of compensation determined by the body referred to in subsection (1) as if that compensation were compensation adjudged by the Court.

1999, c. 18Extradition Act

169. Paragraph (d) of the definition “court” in section 2 of the Extradition Act is replaced by the following:

(d) in Nova Scotia, British Columbia, Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice; and

R.S., c. F-8; 1995, c. 17, s. 45(1)Federal-Provincial Fiscal Arrangements Act

Marginal note:1999, c. 26, s. 2

170. Subsection 2(2) of the Federal-Provincial Fiscal Arrangements Act is replaced by the following:

Definition of “province”

(2) In Parts I, II and IV, “province” does not include Yukon, the Northwest Territories or Nunavut.

1991, c. 50; 2001, c. 4, s. 10Federal Real Property and Federal Immovables Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 58); 2001, c. 4, s. 19(F)

171. Section 17 of the Federal Real Property and Federal Immovables Act is replaced by the following:

Marginal note:Territorial lands

17. (1) Notwithstanding section 3 of the Territorial Lands Act, sections 13 to 16 and 19 of that Act apply in respect of all federal real property in the Northwest Territories and Nunavut.

Marginal note:Yukon

(1.1) Sections 13 to 16 and 19 of the Territorial Lands Act apply in respect of federal real property in Yukon that is under the administration of a Minister or an agent corporation.

Marginal note:Administration of reserved property

(2) If any federal real property in the Northwest Territories or Nunavut or, in Yukon, any federal real property that is described in subsection (1.1), is granted in fee simple under this Act, the Minister of Indian Affairs and Northern Development has the administration of any property and rights that are reserved from the grant by virtue of subsection (1) or (1.1), as the case may be.

Marginal note:Administration of reserved property

(3) If an interest other than the fee simple in any federal real property in the Northwest Territories or Nunavut or, in Yukon, in any federal real property that is described in subsection (1.1), that is under the administration of a Minister is granted under this Act, that Minister retains the administration of such property and rights as are reserved from the grant by virtue of subsection (1) or (1.1), as the case may be.

R.S., c. F-11Financial Administration Act

Marginal note:1999, c. 3, s. 63

172. Paragraph 118(2)(e) of the English version of the Financial Administration Act is replaced by the following:

(e) in Yukon or the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice.

R.S., c. F-14Fisheries Act

Marginal note:1992, c. 51, s. 50

173. Paragraph (d) of the definition “judge” in section 74 of the Fisheries Act is replaced by the following:

(d) in the Provinces of Nova Scotia, British Columbia and Newfoundland, Yukon and the Northwest Territories, a judge of the Supreme Court, and

R.S., c. G-5Government Employees Compensation Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 63)

174. Subsection 5(1) of the Government Employees Compensation Act is replaced by the following:

Marginal note:Yukon and Northwest Territories

5. (1) Where an employee is usually employed in Yukon or the Northwest Territories, the employee shall for the purposes of this Act be deemed to be usually employed in the Province of Alberta.

1992, c. 53Gwich’in Land Claim Settlement Act

175. The first paragraph of the preamble to the English version of the Gwich’in Land Claim Settlement Act is replaced by the following:

WHEREAS the Gwich’in, from time immemorial, have traditionally used and occupied lands in Yukon and the Northwest Territories;

176. Paragraphs 7(b) and (c) of the English version of the Act are replaced by the following:

(b) the regional offices of the Department of Indian Affairs and Northern Development that are situated in Yukon and the Northwest Territories;

(c) the legislative libraries of the Government of Yukon and the Government of the Northwest Territories; and

R.S., c. 24 (3rd Supp.), Part IIIHazardous Materials Information Review Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 66)

177. Paragraph 28(2)(e) of the English version of the Hazardous Materials Information Review Act is replaced by the following:

(e) not fewer than four and not more than thirteen governors to represent the governments of the ten provinces, the Government of Yukon, the Government of the Northwest Territories and the Government of Nunavut, appointed after consultation by the Minister with each of those governments.

1990, c. 41Hibernia Development Project Act

178. The definition “federal laws” in subsection 2(1) of the Hibernia Development Project Act is replaced by the following:

“federal laws”

« lois fédérales »

“federal laws” includes Acts of Parliament, regulations as defined in section 2 of the Interpretation Act and any other rules of law within the jurisdiction of Parliament, and any provision of those Acts, regulations or rules of law, but does not include ordinances within the meaning of the Northwest Territories Act or laws of the Legislature of Yukon or of the Legislature for Nunavut;

R.S., c. H-4Historic Sites and Monuments Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 67(2))

179. Paragraph 4(1)(d) of the Historic Sites and Monuments Act is replaced by the following:

(d) two representatives for each of Ontario and Quebec, one representative for each of the other provinces, and one representative for each of Yukon, the Northwest Territories and Nunavut, to be appointed by the Governor in Council.

R.S., c. I-2Immigration Act

Marginal note:1999, c. 3, s. 67

180. Paragraph (e) of the definition “judge” in subsection 93.1(9) of the Immigration Act is replaced by the following:

(e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice.

Marginal note:1999, c. 3, s. 68

181. Paragraph (e) of the definition “judge” in subsection 102.2(9) of the Act is replaced by the following:

(e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice.

R.S., c. I-3Importation of Intoxicating Liquors Act

Marginal note:

182. The definition “province” in section 2 of the Importation of Intoxicating Liquors Act is replaced by the following:

“province”

« province »

“province” means any province other than Yukon in which there is in force an Act giving the government of the province or any board, commission, officer or other governmental agency control over the sale of intoxicating liquor in that province.

R.S., c. I-5Indian Act

Marginal note:1992, c. 51, s. 54

183. Paragraph 14.3(5)(d) of the Indian Act is replaced by the following:

(d) in the Province of Nova Scotia or British Columbia, in Yukon or in the Northwest Territories, before the Supreme Court; or

184. Paragraph 114(1)(b) of the Act is replaced by the following:

(b) the Commissioner of Yukon;

R.S., c. I-8Industrial and Regional Development Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 78)

185. The definition “province” in section 2 of the English version of the Industrial and Regional Development Act is replaced by the following:

“province”

« province »

“province” does not include Yukon, the Northwest Territories or Nunavut.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 79)

186. Subparagraph 3(2)(b)(ii) of the English version of the Act is replaced by the following:

(ii) Yukon, the Northwest Territories and Nunavut;

1991, c. 47Insurance Companies Act

Marginal note:1999, c. 3, s. 70

187. Paragraph (f) of the definition “court” in subsection 2(1) of the English version of the Insurance Companies Act is replaced by the following:

(f) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice;

R.S., c. I-21Interpretation Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 82(1)); 1995, c. 39, s. 174; 1998, c. 15, s. 28

188. (1) The definitions “Act”, “legislative assembly”, “legislative council” or “legislature”, “lieutenant governor”, “lieutenant governor in council”, “province” and “territory” in subsection 35(1) of the Interpretation Act are replaced by the following:

“Act”

« loi provinciale »

“Act”, as meaning an Act of a legislature, includes an ordinance of the Northwest Territories and a law of the Legislature of Yukon or of the Legislature for Nunavut;

“legislative assembly”, “legislative council” or “legislature”

« législature » , « assemblée législative »ou« conseil législatif »

“legislative assembly”, “legislative council” or “legislature” includes the Lieutenant Governor in Council and the Legislative Assembly of the Northwest Territories, as constituted before September 1, 1905, the Legislature of Yukon, the Commissioner in Council of the Northwest Territories, and the Legislature for Nunavut;

“lieutenant governor”

« lieutenant-gouverneur »

“lieutenant governor” means the lieutenant governor or other chief executive officer or administrator carrying on the government of the province indicated by the enactment, by whatever title that officer is designated, and in Yukon, the Northwest Territories and Nunavut means the Commissioner;

“lieutenant governor in council”

« lieutenant-gouverneur en conseil »

“lieutenant governor in council” means the lieutenant governor acting by and with the advice of, by and with the advice and consent of, or in conjunction with, the executive council of the province indicated by the enactment, and in Yukon, means the Commissioner of Yukon acting with the consent of the Executive Council of Yukon and, in the Northwest Territories and Nunavut, means the Commissioner;

“province”

« province »

“province” means a province of Canada, and includes Yukon, the Northwest Territories and Nunavut;

“territory”

« territoires »

“territory” means Yukon, the Northwest Territories and Nunavut;

(2) Paragraph (g) of the definition “standard time” in subsection 35(1) of the Act is replaced by the following:

(g) in relation to Yukon, Yukon standard time, being nine hours behind Greenwich time;

Marginal note:1999, c. 3, s. 71

(3) Paragraph (e) of the definition “superior court” in subsection 35(1) of the English version of the Act is replaced by the following:

(e) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice,

R.S., c. J-1Judges Act

189. The portion of subsection 22(1) of the Judges Act before paragraph (a) is replaced by the following:

Marginal note:Supreme Court of Yukon

22. (1) The yearly salaries of the judges of the Supreme Court of Yukon are as follows:

Marginal note:2001, c. 7, s. 19(1)

190. (1) Subsection 27(2) of the Act is replaced by the following:

Marginal note:Additional allowance for northern judges

(2) On and after April 1, 2000, there shall be paid to each judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice who is in receipt of a salary under this Act, in addition to the allowance provided by subsection (1), a non-accountable yearly allowance of $12,000 as compensation for the higher cost of living in the territories.

Marginal note:1999, c. 3, s. 73(2); 2000, c. 12, s. 168

(2) Subsection 27(6) of the Act is replaced by the following:

Marginal note:Representational allowance

(6) A chief justice or chief judge, a puisne judge of the Supreme Court of Canada, the Chief Justice of the Court of Appeal of Yukon, the Chief Justice of the Court of Appeal of the Northwest Territories, the Chief Justice of the Court of Appeal of Nunavut, the senior judge of the Supreme Court of Yukon, the senior judge of the Supreme Court of the Northwest Territories and the senior judge of the Nunavut Court of Justice are entitled to be paid, as a representational allowance, reasonable travel and other expenses actually incurred by the justice or judge or the spouse or common-law partner of the justice or judge in discharging the special extra-judicial obligations and responsibilities that devolve on the justice or judge, to the extent that those expenses may not be reimbursed under any other provision of this Act and their aggregate amount does not exceed in any year the maximum amount indicated in respect of each office in subsection (7).

Marginal note:2001, c. 7, s. 19(2)

(3) Paragraph 27(7)(e) of the English version of the Act is replaced by the following:

(e) The senior judge of the Supreme Court of Yukon, the senior judge of the Supreme Court of the Northwest Territories and the senior judge of the Nunavut Court of Justice, each $10,000

Marginal note:2001, c. 7, s. 19(2)

(4) Paragraph 27(7)(g) of the Act is replaced by the following:

(g) The Chief Justice of the Court of Appeal of Yukon, the Chief Justice of the Court of Appeal of the Northwest Territories and the Chief Justice of the Court of Appeal of Nunavut, each $10,000

Marginal note:1999, c. 3, s. 73(4)

(5) The definition “senior judge” in subsection 27(9) of the Act is replaced by the following:

“senior judge”

« juge principal »

“senior judge” of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice means the judge with the earlier date of appointment to the court in question or, in the case of more than one judge appointed on the same day, means the judge that the Governor in Council may designate as the senior judge.

Marginal note:1999, c. 3, s. 74(1)

191. (1) Paragraph 29(3)(b) of the Act is replaced by the following:

(b) in the case of a supernumerary judge of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice, by the senior judge of that Court.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 85(2)); 1999, c. 3, s. 74(2)

(2) Subsections 29(5) and (6) of the Act are replaced by the following:

Marginal note:Reference to attorney general of a province

(5) In this section, a reference to the attorney general of a province shall be construed in relation to Yukon, the Northwest Territories and Nunavut as a reference to the Commissioner of that territory.

Definition of “senior judge”

(6) In this section, “senior judge” of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice means the judge with the earlier date of appointment to the court in question or, in the case of more than one judge appointed on the same day, means the judge that the Governor in Council may designate as the senior judge.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 86)

192. Subsection 33(2) of the Act is replaced by the following:

Marginal note:Reference to attorney general of a province

(2) In this section, a reference to the attorney general of a province shall be construed in relation to Yukon, the Northwest Territories and Nunavut as a reference to the Commissioner of that territory.

Marginal note:1999, c. 3, s. 75(1); 2000, c. 12, s. 160(1)

193. (1) Paragraphs 40(1)(c) and (d) of the Act are replaced by the following:

(c) a judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who, within two years after retiring or resigning from that office, moves to a place of residence in one of the ten provinces or to another territory;

(d) a survivor or child, as defined in subsection 47(1), of a judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who dies while holding office as such, where the survivor or child lives with the judge at the time of the judge’s death and, within two years after the death, moves to a place of residence in one of the ten provinces or to another territory;

Marginal note:1999, c. 3, s. 75(2)

(2) Subsection 40(1.1) of the Act is replaced by the following:

Marginal note:Limitation

(1.1) Paragraphs (1)(c) and (d) apply only in respect of a judge who resided in one of the ten provinces or in another territory at the time of appointment to the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be.

Marginal note:1999, c. 3, s. 76

194. Subsection 54(4) of the Act is replaced by the following:

Definition of “senior judge”

(4) In this section, “senior judge”, in respect of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, means the judge with the earliest date of appointment to the Court in question or, in the case of more than one judge appointed on the same day, means the judge that the Governor in Council may designate as the senior judge.

Marginal note:1999, c. 3, s. 77(1)

195. Paragraph 59(1)(c) of the Act is replaced by the following:

(c) the senior judges, as defined in subsection 22(3), of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice;

1993, c. 41Land Titles Repeal Act

196. Section 2 of the Land Titles Repeal Act is replaced by the following:

Definition of “Territory”

2. In this Act, “Territory” means Yukon or the Northwest Territories, as the case may require.

197. Subparagraph 3(2)(c)(ii) of the Act is replaced by the following:

(ii) in the case of Yukon, provisions having the same effect as sections 55 and 56 of that Act,

198. Section 4 of the Act is replaced by the following:

Marginal note:Restriction

4. (1) Notwithstanding any other Act of Parliament, the Commissioner in Council of the Northwest Territories and the Legislature of Yukon may not, without the approval of the Governor in Council, repeal, amend or otherwise render inoperable any provision described in paragraph 3(2)(c).

Marginal note:Nunavut

(2) The restriction set out in subsection (1) applies to the Legislature for Nunavut in respect of those provisions of its laws that correspond to the provisions described in subparagraphs 3(2)(c)(i), (iii) and (iv).

199. Subsection 5(1) of the Act is replaced by the following:

Marginal note:Certificate as evidence against the Crown

5. (1) Subject to subsection (2), the land titles ordinance or the law of the Legislature of Yukon or for Nunavut that serves the purpose of the ordinance may provide that a certificate of title granted under the ordinance or law is conclusive evidence in all courts as against Her Majesty, subject to the same exceptions as were contained in the Land Titles Act as it read immediately before it was repealed in respect of the Territory.

R.S., c. L-10Livestock Feed Assistance Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 106)

200. The long title of the English version of the Livestock Feed Assistance Act is replaced by the following:

An Act to provide assistance to livestock feeders in Eastern Canada, British Columbia, Yukon, the Northwest Territories and Nunavut
Marginal note:1993, c. 28, s. 78 (Sch. III, s. 107)

201. The definition “livestock feeder” in subsection 2(1) of the English version of the Act is replaced by the following:

“livestock feeder”

« éleveur »

“livestock feeder” means a person who raises livestock in Eastern Canada, British Columbia, Yukon, the Northwest Territories or Nunavut;

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 108)

202. Paragraphs 5(c) and (d) of the English version of the Act are replaced by the following:

(c) reasonable stability in the price of feed grain in Eastern Canada, British Columbia, Yukon, the Northwest Territories and Nunavut; and

(d) fair equalization of feed grain prices in Eastern Canada, British Columbia, Yukon, the Northwest Territories and Nunavut.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 108.1); 1998, c. 15, s. 33

203. Paragraph 6(e) of the English version of the Act is replaced by the following:

(e) by order served personally or by registered mail, require any person engaged in the business of storing, handling or shipping feed grain in Eastern Canada, British Columbia, Yukon, the Northwest Territories or Nunavut, or any livestock feeder, to furnish in writing to the Minister within any reasonable time that may be stipulated in the order, information relating to feed grain consumption, storage, handling, shipping or pricing in Eastern Canada, British Columbia, Yukon, the Northwest Territories or Nunavut; and

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 109)

204. Paragraph 19(a) of the English version of the Act is replaced by the following:

(a) prescribing, with respect to payments related to the cost of feed grain storage and with respect to payments related to the cost of feed grain transportation, the classes of persons to whom and the terms and conditions on which such payments may be made and the rate of such payments within each of such areas within Eastern Canada, British Columbia, Yukon, the Northwest Territories and Nunavut as may be prescribed by the regulations;

1998, c. 25Mackenzie Valley Resource Management Act

Marginal note:2000, c. 32, s. 50

205. The definition “Mackenzie Valley” in section 2 of the English version of the Mackenzie Valley Resource Management Act is replaced by the following:

“Mackenzie Valley”

« vallée du Mackenzie »

“Mackenzie Valley” means that part of the Northwest Territories bounded on the south by the 60th parallel of latitude, on the west by Yukon, on the north by the Inuvialuit Settlement Region, as defined in the Agreement given effect by the Western Arctic (Inuvialuit) Claims Settlement Act, and on the east by the Nunavut Settlement Area, as defined in the Nunavut Land Claims Agreement Act, but does not include Wood Buffalo National Park of Canada.

Marginal note:1998, c. 15, par. 48(d)

206. (1) Subsection 141(1) of the English version of the Act is replaced by the following:

Marginal note:Environmental assessment

141. (1) In relation to a development that is proposed to be carried out partly in the Mackenzie Valley and partly in a region of the Northwest Territories, Yukon or Nunavut adjacent to the Mackenzie Valley, or partly in a province, as the case may be, the Review Board shall to the extent possible coordinate its environmental assessment functions with the functions of any authority responsible for the examination of environmental effects of the development in that region or province.

Marginal note:1998, c. 15, par. 48(e)

(2) Subsection 141(3) of the English version of the Act is replaced by the following:

Marginal note:Aboriginal representation

(3) Where a review panel referred to in paragraph (2)(a) is established in relation to a development to be carried out partly in a region of the Northwest Territories, Yukon or Nunavut, at least one quarter of its members, excluding the chairperson, must be appointed on the nomination of first nations and other aboriginal groups affected by the proposed development.

Marginal note:1998, c. 15, par. 48(f)

207. Section 142 of the English version of the Act is replaced by the following:

Marginal note:Transregional impact

142. Where a development proposed to be carried out wholly in a region of the Northwest Territories, Yukon or Nunavut adjacent to the Mackenzie Valley, or wholly in a province, might have a significant adverse impact on the environment in the Mackenzie Valley, the Review Board may, with the approval of the federal Minister, enter into an agreement with the authority responsible for the examination of the environmental effects of such developments in that region or province to provide for the participation of the Review Board in the examination of the environmental effects of the development by that authority.

R.S., c. M-9Motor Vehicle Fuel Consumption Standards Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 110)

208. Paragraph 36(4)(a) of the Motor Vehicle Fuel Consumption Standards Act is replaced by the following:

(a) the Minister may order notice to be given by publication in the prescribed form for a period of five consecutive days in two major daily newspapers in each of the six regions of Canada, namely, the Atlantic provinces, Quebec, Ontario, the Prairie provinces, British Columbia, and the three territories, or by an alternative medium for any period that the Minister deems expedient, and the notice is deemed to be notice given in the manner prescribed for the purpose of subsection (1); or

R.S., c. 30 (4th Supp.)Mutual Legal Assistance in Criminal Matters Act

Marginal note:1999, c. 3, s. 80

209. Paragraph (d) of the definition “judge” in subsection 2(1) of the English version of the Mutual Legal Assistance in Criminal Matters Act is replaced by the following:

(d) in Nova Scotia, British Columbia, Newfoundland, Yukon and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice;

R.S., c. N-7National Energy Board Act

Marginal note:1994, c. 43, s. 87

210. Subsection 78.1(1) of the National Energy Board Act is replaced by the following:

Marginal note:Settlement land

78.1 (1) No company shall, if the Yukon first nation concerned does not consent to it, take possession of or occupy settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or lands identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act without the consent of the Governor in Council.

Marginal note:1994, c. 43, s. 89

211. Section 97.1 of the Act is replaced by the following:

Marginal note:Regulatory powers re settlement land or Tetlit Gwich’in Yukon land

97.1 The Governor in Council may, by regulation, designate the provisions of the laws of the Legislature of Yukon that apply where an Arbitration Committee is appointed to determine a compensation matter involving land referred to in section 78.1. Those provisions apply to the Committee as if it were the body established under those laws having jurisdiction with respect to surface rights.

R.S., c. N-26Northern Pipeline Act

212. The definition “Agreement” in subsection 2(1) of the English version of the Northern Pipeline Act is replaced by the following:

“Agreement”

« Accord »

“Agreement” means the Agreement between Canada and the United States dated September 20, 1977, set out in Schedule I, and includes any exchange of notes between Canada and the United States amending Annex III of the Agreement to give effect to a report of the Board, dated February 17, 1978, in which the Board indicated it would include in its decision approving, pursuant to this Act, pipeline specifications, a requirement for a fifty-six inch diameter pipe with a maximum allowable operating pressure of 1,080 psi for that portion of the pipeline between Whitehorse, Yukon and Caroline, Alberta;

213. Paragraph 4(d) of the Act is replaced by the following:

(d) to facilitate, in relation to the pipeline, consultation and coordination with the governments of the provinces, Yukon and the Northwest Territories;

214. Paragraphs 10(b) and (c) of the Act are replaced by the following:

(b) hold consultations with the governments of the provinces, Yukon and the Northwest Territories to coordinate and review the activities of the Agency and those governments in relation to the pipeline;

(c) enter into such agreements with the government of a province, or with the government of Yukon or the Northwest Territories after consultation with the Legislature of Yukon or the Commissioner in Council of the Northwest Territories, as may be necessary to facilitate the attainment of the objects of this Act and to provide for coordination and review of the activities of the Agency and those governments in relation to the pipeline;

215. (1) Paragraph 18(1)(a) of the Act is replaced by the following:

(a) the Commissioner and a representative of Yukon named by the Governor in Council on the recommendation of the Legislature of Yukon; and

(2) Subsection 18(2) of the Act is replaced by the following:

Marginal note:Meeting and objects

(2) The Council established under subsection (1) shall meet at least once every three months at such places in Canada as may be determined by the Council to consult on and to facilitate the coordination of the actions of the Agency, the governments of the provinces referred to in paragraph (1)(b), the government of Yukon and other governmental bodies in relation to the pipeline, and in particular with a view to ensuring a consistent approach in so far as is possible relating to the pipeline.

216. Subsection 19(2) of the Act is replaced by the following:

Marginal note:Yukon Advisory Council

(2) One of the advisory councils established under subsection (1) shall be the Yukon Advisory Council with members representative of areas and interests, including native interests, in Yukon.

Marginal note:1991, c. 50, s. 34

217. (1) Subsections 37(1) and (2) of the Act are replaced by the following:

Marginal note:Commissioner’s lands

37. (1) If the Governor in Council is of the opinion that lands in Yukon are required temporarily or otherwise for the construction, maintenance or operation of the pipeline including, without limiting the generality of the foregoing, lands required for camps, roads and other related works, the Governor in Council may, by order, after consultation with the member of the Executive Council of Yukon who is responsible for the lands, take the administration and control of them from the Commissioner and transfer the administration of those lands to the Minister.

Marginal note:Company to provide plans of lands required

(2) Foothills Pipe Lines (South Yukon) Ltd. shall provide the Minister with a copy of all plans, profiles and books of reference certified by the designated officer pursuant to subsection 7(2) showing the real property in Yukon vested in Her Majesty in right of Canada that are required to permit construction of the pipeline.

Marginal note:1998, c. 14, par. 101(1)(b)(F)

(2) Subsection 37(4) of the Act is replaced by the following:

Marginal note:Company to file plan of survey

(4) Within two years after leave to open the last section or part of the pipeline has been given by the Board or any further period, not exceeding six months, that the Governor in Council may approve, Foothills Pipe Lines (South Yukon) Ltd. shall send to the Surveyor General at Ottawa a plan of survey under Part II of the Canada Lands Surveys Act, for confirmation by the Surveyor General under that Act, as an official plan in respect of lands in Yukon vested in Her Majesty in right of Canada required for the maintenance and operation of the pipeline.

218. The portion of item 20 of Schedule III to the Act before paragraph (a) is replaced by the following:

20. 
The company shall, in implementing paragraph 3(b) of the Agreement, construct laterals from the pipeline and make arrangements for the supply of gas to remote communities in Yukon and the provinces through which the pipeline passes where the communities can be economically served and have applied to the appropriate authority for such service and that authority has approved such application, except that in Yukon, Foothills Pipe Lines (South Yukon) Ltd. shall make a financial contribution in respect of providing gas

R.S., c. N-27Northwest Territories Act

Marginal note:1993, c. 28, s. 77

219. The definition “Territories” in section 2 of the English version of the Northwest Territories Act is replaced by the following:

“Territories”

« territoires »

“Territories” means the Northwest Territories, which comprise all that part of Canada north of the sixtieth parallel of north latitude and west of the boundary described in Schedule I to the Nunavut Act that is not within Yukon.

Marginal note:1999, c. 3, s. 11

220. Section 34 of the Act is replaced by the following:

Marginal note:Ex officio judges

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

R.S., c. A-16; 1997, c. 9, s. 89Nuclear Energy Act

Marginal note:1994, c. 43, s. 81

221. Subsection 10(2) of the Nuclear Energy Act is replaced by the following:

Marginal note:Exception

(2) No interest in settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or land identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act may be expropriated under subsection (1) without the approval of the Governor in Council.

1993, c. 28Nunavut Act

Marginal note:1999, c. 3, s. 3

222. Section 32 of the Nunavut Act is replaced by the following:

Marginal note:Ex officio judges

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

1996, c. 31Oceans Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 115); 1998, c. 15, s. 35

223. The definition “federal laws” in section 2 of the Oceans Act is replaced by the following:

“federal laws”

« droit »

“federal laws” includes Acts of Parliament, regulations as defined in subsection 2(1) of the Interpretation Act and any other rules of law within the jurisdiction of Parliament, but does not include ordinances within the meaning of the Northwest Territories Act or laws of the Legislature of Yukon or of the Legislature for Nunavut;

R.S., c. 31 (4th Supp.)Official Languages Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 116)

224. Paragraph (i) of the definition “federal institution” in subsection 3(1) of the Official Languages Act is replaced by the following:

(i) any institution of the Council or government of the Northwest Territories or of the Legislative Assembly or government of Yukon or Nunavut, or

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 117)

225. Paragraph 7(3)(a) of the Act is replaced by the following:

(a) an ordinance of the Northwest Territories or a law made by the Legislature of Yukon or the Legislature for Nunavut, or any instrument made under any such ordinance or law, or

R.S., c. 32 (2nd Supp.)Pension Benefits Standards Act, 1985

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 120)

226. Paragraph 4(4)(i) of the Pension Benefits Standards Act, 1985 is replaced by the following:

(i) any work, undertaking or business outside the exclusive legislative authority of provincial legislatures, and any work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut.

R.S., c. P-21Privacy Act

Marginal note:1994, c. 43, s. 91

227. The schedule to the Privacy Act is amended by striking out the following under the heading “Other Government Institutions”:

Yukon Surface Rights Board

Office des droits de surface du Yukon

228. The schedule to the Act is amended by striking out the following under the heading “Other Government Institutions”:

Yukon Territory Water Board

Office des eaux du territoire du Yukon

R.S., c. P-33Public Service Employment Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 123)

229. Section 32 of the Public Service Employment Act is replaced by the following:

Definition of “candidate”

32. For the purposes of sections 33 and 34, “candidate” means a candidate for election as a member of the House of Commons, a member of the legislature of a province, a member of the Council of the Northwest Territories or a member of the Legislative Assembly of Yukon or Nunavut.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 124(E))

230. Subsection 33(5) of the English version of the Act is replaced by the following:

Marginal note:Effect of election

(5) An employee who is declared elected as a member of the House of Commons, of the legislature of a province, of the Council of the Northwest Territories or of the Legislative Assembly of Yukon or Nunavut ceases to be an employee on that declaration.

R.S., c. P-35Public Service Staff Relations Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 125)

231. Subsection 13(3) of the Public Service Staff Relations Act is replaced by the following:

Marginal note:Eligibility

(3) Notwithstanding paragraph (1)(c), a person is not ineligible to hold office as a member of the Board by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Northwest Territories, the Legislature of Yukon or the Legislature for Nunavut with powers and duties similar to those of the Board.

R.S., c. P-36Public Service Superannuation Act

232. Part II of Schedule I to the Public Service Superannuation Act is amended by replacing the expression “Employees of the Government of the Yukon Territory” with the expression “Employees of the Government of Yukon”.

R.S., c. R-2Radiocommunication Act

Marginal note:1994, c. 43, s. 92

233. Subsections 7(4) and (5) of the Radiocommunication Act are replaced by the following:

Marginal note:Exception

(4) Notwithstanding subsection (3), any dispute as to the compensation to be paid for the taking of possession of a radio station on settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act, land identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act or on Tetlit Gwich’in Yukon land may be heard and determined only by the body established under the laws of the Legislature of Yukon having jurisdiction with respect to surface rights and in accordance with those laws.

Marginal note:Settlement land

(5) If the Yukon first nation concerned does not consent to it, no interest in settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act may be taken possession of under this section without the consent of the Governor in Council.

R.S., c. 32 (4th Supp.)Railway Safety Act

Marginal note:1999, c. 3, s. 82

234. Paragraph (e) of the definition “superior court” in subsection 4(1) of the English version of the Railway Safety Act is replaced by the following:

(e) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice;

R.S., c. R-10Royal Canadian Mounted Police Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 130)

235. Paragraphs 24(a) and (b) of the English version of the Royal Canadian Mounted Police Act are replaced by the following:

(a) that any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member’s duties has been abandoned by the owner of it or the person entitled to it, or

(b) that a reasonable attempt has been made to find the owner of or person entitled to any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member’s duties, but the owner or person cannot be found,

R.S., c. S-22Statutory Instruments Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 131); 1998, c. 15, s. 38

236. Subparagraph (b)(iv) of the definition “statutory instrument” in subsection 2(1) of the Statutory Instruments Act is replaced by the following:

(iv) an ordinance of the Northwest Territories, a law made by the Legislature of Yukon or the Legislature for Nunavut, a rule made by the Legislative Assembly of Yukon under section 16 of the Yukon Act or by the Legislative Assembly of Nunavut under section 21 of the Nunavut Act or any instrument issued, made or established under any such ordinance, law or rule.

R.S., c. S-26Supreme Court Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 133)

237. Subsection 2(2) of the English version of the Supreme Court Act is replaced by the following:

Marginal note:Application to the territories

(2) For the purposes of this Act, the expression “highest court of final resort in a province” includes, in Yukon, the Northwest Territories or Nunavut, the Court of Appeal of that territory.

R.S., c. T-7Territorial Lands Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 135)

238. The long title of the Territorial Lands Act is replaced by the following:

An Act respecting Crown lands in the Northwest Territories and Nunavut

239. (1) The definition “timber” in section 2 of the Act is repealed.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 136)

(2) The definition “territorial lands” in section 2 of the Act is replaced by the following:

“territorial lands”

« terres territoriales »

“territorial lands” means lands, or any interest in lands, in the Northwest Territories or Nunavut that are vested in the Crown or of which the Government of Canada has power to dispose;

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 137); 2000, c. 32, s. 66

240. Subsections 3(2) to (4) of the Act are replaced by the following:

Marginal note:Application of certain sections

(2) Sections 9 and 12 to 16 and paragraph 23(k) apply to territorial lands under the administration and control of the Commissioner of the Northwest Territories or of the Commissioner of Nunavut.

Marginal note:Application of certain Acts

(3) Nothing in this Act shall be construed as limiting the operation of the Dominion Water Power Act or the Canada National Parks Act.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 138)

241. Section 4 of the Act is replaced by the following:

Marginal note:Land management zones

4. Subject to section 6, the Governor in Council may, where the Governor in Council deems it necessary for the protection of the ecological balance or physical characteristics of any area in the Northwest Territories or Nunavut, set apart and appropriate any territorial lands in that area as a land management zone.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 139)

242. Section 6 of the Act is replaced by the following:

Marginal note:Consultation with territories

6. The powers mentioned in sections 4 and 5 may be exercised by the Governor in Council only after consultation with the Council of the Northwest Territories or the Legislative Assembly of Nunavut, as the case may be, where the Governor in Council deems the consultation to be practicable or, otherwise, after consultation with each of the members of that Council or Legislative Assembly with whom consultation can then be effected.

Marginal note:1993, c. 41, s. 14(1)

243. (1) Subsection 9(1) of the Act is replaced by the following:

Marginal note:Interpretation

9. (1) In this section, the expressions “registrar” and “certificate of title” have the meanings assigned by any ordinance of the Northwest Territories or any law of the Legislature for Nunavut in respect of title to real property.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 140)

(2) Paragraph 9(3)(b) of the Act is replaced by the following:

(b) in the case of territorial lands described in subsection 3(2), by the Commissioner of the Northwest Territories if the lands are in the Northwest Territories or by the Commissioner of Nunavut if the lands are in Nunavut.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 141); 1998, c. 15, s. 40

244. Paragraph 13(c) of the English version of the Act is replaced by the following:

(c) to the boundary line between Yukon and Alaska, or between Yukon and the Northwest Territories, or between the Northwest Territories and Nunavut or between Yukon, the Northwest Territories or Nunavut and the Province of Manitoba, Saskatchewan, Alberta or British Columbia.

245. The heading before section 17 and sections 17 and 18 of the Act are repealed.

246. (1) Paragraph 23(e) of the Act is replaced by the following:

(e) set apart and appropriate territorial lands for use as game preserves, game sanctuaries, bird sanctuaries, public shooting grounds, public resorts or for any other similar public purpose;

Marginal note:1992, c. 1, s. 144(1) (Sch. VII, s. 50(1)) (F)

(2) Paragraph 23(g) of the Act is replaced by the following:

(g) divide territorial lands into mining districts and land districts;

247. Subsection 30(2) of the Act is repealed.

1991, c. 45Trust and Loan Companies Act

Marginal note:1999, c. 3, s. 84

248. Paragraph (f) of the definition “court” in section 2 of the English version of the Trust and Loan Companies Act is replaced by the following:

(f) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice;

1984, c. 24Western Arctic (Inuvialuit) Claims Settlement Act

249. The first paragraph of the preamble to the Western Arctic (Inuvialuit) Claims Settlement Act is replaced by the following:

WHEREAS the Committee for Original Peoples’ Entitlement and the Government of Canada have entered into an Agreement respecting certain lands in the Northwest Territories and Yukon in and to which the Inuvialuit have claimed an interest based on traditional use and occupancy;

Marginal note:

250. The definition “Territory” in section 2 of the Act is replaced by the following:

“Territory”

« Territoire »

“Territory” means the Northwest Territories, Yukon and adjacent offshore areas, not forming part of the Northwest Territories or Yukon, within the sovereignty or jurisdiction of Canada.

R.S., c. W-11; 1996, c. 6, s. 134Winding-up and Restructuring Act

Marginal note:1999, c. 3, s. 85

251. Paragraph (d) of the definition “court” in subsection 2(1) of the Winding-up and Restructuring Act is replaced by the following:

(d) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice;

R.S., c. Y-1Young Offenders Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 144); 1998, c. 15, s. 41

252. The definition “offence” in subsection 2(1) of the Young Offenders Act is replaced by the following:

“offence”

« infraction »

“offence” means an offence created by an Act of Parliament or by any regulation, rule, order, by-law or ordinance made under it, other than an ordinance of the Northwest Territories or a law of the Legislature of Yukon or the Legislature for Nunavut;

1994, c. 34Yukon First Nations Land Claims Settlement Act

253. The long title of the Yukon First Nations Land Claims Settlement Act is replaced by the following:

An Act to approve, give effect to and declare valid land claims agreements entered into between Her Majesty the Queen in right of Canada, the Government of Yukon and certain first nations in Yukon, to provide for approving, giving effect to and declaring valid other land claims agreements entered into after this Act comes into force, and to make consequential amendments to other Acts254. The third paragraph of the preamble to the Act is replaced by the following:

WHEREAS agreements may be entered into with respect to aboriginal claims to lands in British Columbia and the Northwest Territories by persons enrolled under final agreements as well as aboriginal claims to lands in Yukon by certain people outside that territory;

255. Subsection 11(4) of the English version of the Act is replaced by the following:

Marginal note:Enforcement

(4) An order or decision of the Enrollment Commission made before or after this Act comes into force may be filed in the Supreme Court of Yukon, and when so filed may be enforced as an order of that Court.

256. Paragraph 15(c) of the English version of the Act is replaced by the following:

(c) such regional offices of the Government of Canada situated in Yukon as the Minister considers advisable; and

257. (1) Subsections 20(1) and (2) of the Act are repealed.

(2) Subsection 20(4) of the Act is repealed.

258. Subsection 21(2) of the Act is repealed.

1994, c. 35Yukon First Nations Self-Government Act

259. The long title of the English version of the Yukon First Nations Self-Government Act replaced by the following:

An Act respecting self-government for first nations in Yukon

260. (1) The first paragraph of the preamble to the Act is replaced by the following:

WHEREAS representatives of Her Majesty the Queen in right of Canada, the Government of the Yukon Territory and the Council for Yukon Indians signed the Umbrella Final Agreement on May 29, 1993, the provisions of which are intended to be incorporated into final agreements for the settlement of land claims of first nations in Yukon;

(2) The third paragraph of the preamble to the English version of the Act is replaced by the following:

WHEREAS those final agreements provide that Her Majesty and the Government of Yukon are to enter into negotiations with those first nations for self-government agreements appropriate to the circumstances of each of them and in accordance with the Constitution of Canada;

(3) The fifth paragraph of the preamble to the English version of the Act is replaced by the following:

WHEREAS other first nations of Yukon may conclude self-government agreements;

261. The definition “Yukon Government” in section 2 of the Act is replaced by the following:

“Yukon Government”

« gouvernement du Yukon »

“Yukon Government” means the Commissioner of Yukon acting with the consent of the Executive Council of Yukon.

262. Paragraph 11(1)(b) of the Act is replaced by the following:

(b) the power to enact laws applicable in Yukon in relation to the matters enumerated in Part II of Schedule III; and

263. Subsection 12(2) of the English version of the Act is replaced by the following:

Marginal note:Agreements with local governments

(2) Where a first nation’s self-government agreement so provides, the Yukon Government or a municipal corporation in Yukon may agree to the exercise by the first nation of any of the powers referred to in subsection (1), for which that Government or corporation has responsibility, in respect of portions of settlement land identified in the agreement.

264. Paragraph 14(a) of the Act is replaced by the following:

(a) the courts of Yukon have, subject to paragraph (b), jurisdiction in respect of laws enacted by the first nation according to the respective jurisdictions of those courts under territorial laws;

265. Subsection 15(1) of the Act is replaced by the following:

Marginal note:Supreme Court of Yukon

15. (1) For greater certainty and subject to section 14, the Supreme Court of Yukon has jurisdiction in respect of any action or proceeding arising out of this Act or out of a self-government agreement of a first nation named in Schedule II.

266. Paragraphs 17(3)(a) and (b) of the Act are replaced by the following:

(a) in respect of any reserve, within the meaning of that Act, of a predecessor band of the first nation situated outside Yukon, and

(b) in respect of any rights, titles, interests, obligations, assets and liabilities of the predecessor band outside Yukon,

267. Paragraph 25(c) of the Act is replaced by the following:

(c) such regional offices of the Government of Canada situated in Yukon as the Minister considers advisable;

268. Item 5 of Part II of Schedule III to the English version of the Act is replaced by the following:

5. 
Provision of training programs for citizens of the first nation, subject to applicable certification requirements of Canada or Yukon
269. Item 3 of Part IV of Schedule III to the French version of the Act is replaced by the following:

3. 
La mise en oeuvre de mesures prises en application d’un accord fiscal conclu entre la première nation et le gouvernement du Yukon.

1994, c. 43Yukon Surface Rights Board Act

Marginal note:1998, c. 5, s. 16

270. Section 65 of the Yukon Surface Rights Board Act is replaced by the following:

Marginal note:Order respecting interpretation

65. In the case of a dispute respecting access to non-settlement land between the following persons, the Board shall, on application of either person, make an order interpreting a provision described in paragraph (b) in relation to the right of access for purposes of the dispute:

(a) a person, other than Government, who has an interest or right in the surface of the land; and

(b) a person, other than Government, who has, in relation to a mineral right, a right of access on the land under any provision of a law of the Legislature of Yukon identified in regulations made pursuant to paragraph 78(f).

Marginal note:1998, c. 5, s. 18

271. Paragraphs 78(f) and (f.1) of the Act are replaced by the following:

(f) identifying, for the purposes of section 65, any provision of a law of the Legislature of Yukon that confers a right of access for purposes of the exercise of a mineral right;

COORDINATING AMENDMENTS

Marginal note:Bill S-23

272. (1) Subsections (2) to (4) apply if Bill S-23, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Customs Act and to make related amendments to other Acts (the “other Act”), receives royal assent.

(2) If section 75 of the other Act comes into force before section 153 of this Act, then, on the day on which this Act receives royal assent,

(a) section 153 of this Act is repealed; and

(b) paragraph 139.1(2)(c) of the Customs Act is replaced by the following:

(c) in the Provinces of Nova Scotia and British Columbia, Yukon and the Northwest Territories, the Supreme Court;

(3) If section 75 of the other Act comes into force after section 153 of this Act, then, on the day on which that section 75 comes into force, paragraph 139.1(2)(c) of the Customs Act is replaced by the following:

(c) in the Provinces of Nova Scotia and British Columbia, Yukon and the Northwest Territories, the Supreme Court;

(4) If section 75 of the other Act and section 153 of this Act come into force on the same day, then section 75 of the other Act is deemed to have come into force after section 153 of this Act.

Marginal note:Bill C-5

273. If Bill C-5, introduced in the 1st session of the 37th Parliament and entitled the Species at Risk Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 2 of this Act and section 134 of the other Act, paragraph (b) of the definition “federal conservation area” in section 2 of this Act is replaced by the following:

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

Marginal note:Bill C-7

274. If Bill C-7, introduced in the 1st Session of the 37th Parliament and entitled the Youth Criminal Justice Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 199 of the other Act and section 1 of this Act, the definition “offence” in subsection 2(1) of the other Act is replaced by the following:

“offence”

« infraction »

“offence” means an offence created by an Act of Parliament or by any regulation, rule, order, by-law or ordinance made under an Act of Parliament other than an ordinance of the Northwest Territories or a law of the Legislature of Yukon or the Legislature for Nunavut.

Marginal note:Bill C-19

275. If Bill C-19, introduced in the 1st session of the 37th Parliament and entitled An Act to amend the Canadian Environmental Assessment Act (the “other Act”), receives royal assent, then

(a) on the later of the coming into force of subsection 122(1) of this Act and subsection 1(2) of the other Act, the portion of the definition “federal authority” in subsection 2(1) of the Canadian Environmental Assessment Act after paragraph (d) is replaced by the following:

but does not include the Legislature or an agency or body of Yukon or Nunavut, the Commissioner in Council or an agency or body of the Northwest Territories, a council of the band within the meaning of the Indian Act, The Hamilton Harbour Commissioners constituted pursuant to The Hamilton Harbour Commissioners’ Act, a harbour commission established pursuant to the Harbour Commissions Act, a Crown corporation within the meaning of the Financial Administration Act, a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act or a port authority established under that Act;

(b) on the later of the coming into force of subsection 122(2) of this Act and subsection 1(3) of the other Act, paragraph (a) of the definition “federal lands” in subsection 2(1) of the Canadian Environmental Assessment Act is replaced by the following:

(a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of Yukon, the Northwest Territories or Nunavut,

Marginal note:Bill C-23

276. If Bill C-23, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Competition Act and the Competition Tribunal Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 1 of this Act and section 30 of the Competition Act, as enacted by section 3 of the other Act, paragraph (c) of the definition “judge” in section 30 of the English version of the Competition Act is replaced by the following:

(c) in Nova Scotia, British Columbia, Newfoundland, Yukon and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice;

Marginal note:Bill C-30

277. If Bill C-30, introduced in the 1st Session of the 37th Parliament and entitled the Courts Administration Service Act (the “other Act”), receives royal assent, then, on the later of the coming into force of subsection 86(2) of the other Act and subsection 190(2) of this Act, subsection 27(6) of the English version of the Judges Act is replaced by the following:

Marginal note:Representational allowance

(6) A chief justice, a puisne judge of the Supreme Court of Canada, the Chief Justice of the Court of Appeal of Yukon, the Chief Justice of the Court of Appeal of the Northwest Territories, the Chief Justice of the Court of Appeal of Nunavut, the senior judge of the Supreme Court of Yukon, the senior judge of the Supreme Court of the Northwest Territories and the senior judge of the Nunavut Court of Justice are entitled to be paid, as a representational allowance, reasonable travel and other expenses actually incurred by the justice or judge or their spouse or common-law partner in discharging the special extra-judicial obligations and responsibilities that devolve on the justice or judge, to the extent that those expenses may not be reimbursed under any other provision of this Act and their aggregate amount does not exceed in any year the maximum amount indicated in respect of each office in subsection (7).

Marginal note:Bill C-33

278. If Bill C-33, introduced in the 1st Session of the 37th Parliament and entitled the Nunavut Waters and Nunavut Surface Rights Tribunal Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 177 of the other Act and section 80 of this Act, the definition “analyst” in section 2 of the Arctic Waters Pollution Prevention Act is replaced by the following:

“analyst”

« analyste »

“analyst” means a person designated as an analyst under the Canada Water Act, the Northwest Territories Waters Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act;

REPEALS

Marginal note:Repeal

279. An Act to amend the Territorial Lands Act, chapter 7 of the 3rd Supplement to the Revised Statutes of Canada, 1985, is repealed.

Marginal note:Repeal

280. The Yukon Act, chapter Y-2 of the Revised Statutes of Canada, 1985, is repealed.

Marginal note:Repeal of R.S., c. Y-3

281. The Yukon Placer Mining Act is repealed.

Marginal note:Repeal of R.S., c. Y-4

282. The Yukon Quartz Mining Act is repealed.

Marginal note:Repeal

283. The Yukon Surface Rights Board Act, chapter 43 of the Statutes of Canada, 1994, is repealed.

Marginal note:Repeal

284. The Yukon Waters Act, chapter 40 of the Statutes of Canada, 1992, is repealed.

COMING INTO FORCE

Marginal note:By order

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.

SCHEDULE 1(Section 2)DESCRIPTION OF YUKON

Yukon shall be bounded as follows: On the south, by the Province of British Columbia and the State of Alaska; on the west, by the said State of Alaska; on the north, by that part of the Arctic Ocean called Beaufort Sea; and on the east, by a line beginning at the intersection of the north boundary of British Columbia with a line passing through a boundary pipe post set in concrete, trench and mound, numbered 600, planted by the British Columbia-Yukon-Northwest Territories Boundary Commission approximately 1 chain westerly of the left bank of the Liard River, said line having a bearing of 309 degrees with reference to the meridian through said post; thence northwesterly along said line to a point on the line of watershed separating the streams flowing into the Liard River below the La Biche River or into the Mackenzie River from those flowing into the La Biche River, into the Liard River above the La Biche River, or into the Yukon River; thence northwesterly along said line of watershed to the line of watershed of the basin of Peel River; thence northerly along the line of watershed between the Peel and Mackenzie Rivers to the sixty-seventh degree of north latitude; thence westerly along the parallel of the sixty-seventh degree of north latitude to the line of watershed between the Peel and Yukon Rivers; thence northerly along the said line of watershed to the trail across the portage in McDougall Pass between Rat and Bell Rivers; thence due north to the northern limit of the Yukon territory; the said territory to include the islands within twenty statute miles from the shores of the Beaufort Sea as far as the aforesaid due north line from McDougall Pass.

SCHEDULE 2(Section 2)NORTHERN LIMIT OF ADJOINING AREA

All topographic features referred to below are according to the Gazetteer of Canada (Yukon Territory), Fifth Edition, Ottawa, 1988, and Canadian Hydrographic Service Charts 7661 (Demarcation Bay to Phillips Bay, 21st edition) and 7662 (Mackenzie Bay, 33rd edition), produced at a scale of 1:150,000 by the Department of Fisheries and Oceans at Ottawa.

A line following the ordinary low water mark of the northern coast of the mainland of the Yukon territory, except

(a) at any coastal indentation such as a bay, lagoon, arm, cove, basin or other inlet: a straight line across the entrance of the indentation at the ordinary low water mark, provided

(i) the line measures 4 kilometres or less, and

(ii) the area of the indentation, including any islands or parts of islands lying within the indentation, is greater than that of a semicircle whose diameter is the straight line;

(b) at Phillips Bay: a straight line from the most easterly point on the ordinary low water mark on the northwesterly extremity of the entrance of the said Bay near Stokes Point to the most northwesterly point on the ordinary low water mark on the northeasterly extremity of the entrance of the said Bay near Kay Point; and

(c) at Shoalwater Bay: a straight line from the most northeasterly point on the ordinary low water mark on the westerly extremity of the entrance of the said Bay to the most westerly point on the ordinary low water mark on the easterly extremity of the entrance of the said Bay.
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