Yukon Act (S.C. 2002, c. 7)

Court of Appeal of Yukon

Marginal note:Sittings

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

Real Property, Water, Oil and Gas

Administration and Control

Marginal note:Commissioner

• 45 (1) Subject to this Act and section 37 of the Northern Pipeline Act, the Commissioner has the administration and control of public real property and of oil and gas in the adjoining area and may, with the consent of the Executive Council, use, sell or otherwise dispose of that property, or any products of that property, that oil or gas, or any interest in that oil or gas, and retain the proceeds of the disposition.

• Marginal note:Exception

  (2) The Governor in Council shall, on the date of the coming into force of subsection (1), list public real property that is excluded from the administration and control of the Commissioner.

• Marginal note:Public real property acquired on behalf of a federal minister

  (3) If the entire or any lesser interest in land that is not public real property is acquired on behalf of a federal minister or federal agent corporation, the interest is not under the administration and control of the Commissioner.

Marginal note:Relinquishment

• 46 (1) The Commissioner may, with the consent of the Executive Council and with the approval of the Governor in Council, relinquish the administration and control of public real property or any interest in oil and gas in the adjoining area, either in perpetuity or for any lesser term.

• Marginal note:Administration of relinquished interest

  (2) The instrument indicating the Governor in Council’s approval must identify the federal minister or federal agent corporation that will have the administration of the relinquished public real property or interest.

Marginal note:Transfer to Commissioner

47 The Governor in Council may, on acceptance by the Commissioner given with the consent of the Executive Council, transfer to the Commissioner, either in perpetuity or for any lesser term, the administration and control of public real property or any interest in oil and gas in the adjoining area.

Marginal note:Right to waters vested in Her Majesty

• 48 (1) The rights in respect of all waters in Yukon belong to Her Majesty in right of Canada.

• Marginal note:Commissioner

  (2) Subject to this Act, the Commissioner has the administration and control of all rights in respect of waters in Yukon — other than waters in a federal conservation area — and, with the consent of the Executive Council, may exercise those rights or sell or otherwise dispose of them and may retain the proceeds of the disposition.

• Marginal note:Limitations

  (3) Subsections (1) and (2) are subject to any rights granted by or under an Act of Parliament in respect of waters.

• Marginal note:Dominion Water Power Act

  (4) Subsection (2) does not apply to the right to the use and flow of waters for the production or generation of water-power to which the Dominion Water Power Act applies.

Restrictions

Marginal note:Taking of administration by Governor in Council

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

  • (a) the national interest, including

    • (i) national defence or security,

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

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

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

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

• Marginal note:Taking of administration — adjoining area

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

• Marginal note:Consultation

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

Marginal note:Prohibition order — public real property in Yukon

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

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

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

• Marginal note:Prohibition order — lands in adjoining area

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

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

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

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

Marginal note:Prohibition order — waters in Yukon

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

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

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

Marginal note:Procedure

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

• Marginal note:Publication

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

• Marginal note:Interim prohibition

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

• Marginal note:Consideration of representations

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

• Marginal note:If proposed order varied

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

Marginal note:Duration of prohibition orders

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

Exercise of Federal Powers

Marginal note:Adjoining area

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

Marginal note:Northern pipeline

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

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

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

• Marginal note:Application of subsection (1)

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

• Marginal note:Consultation required

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

• Marginal note:Effect of exercise of power

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

Marginal note:Adverse effects — Type II Sites

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

• Marginal note:Entry

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

Legislative Amendment

Marginal note:Consultation re bills

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

• Marginal note:Assembly may recommend amendments

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

Transitional Provisions

Marginal note:Commissioner

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

Marginal note:Duration of Council

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

Marginal note:Existing rights and interests

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

• Marginal note:Limitation — additional conditions

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

• Marginal note:Limitation — cancellation, etc.

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

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

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

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

• Marginal note:Limitation — expropriation

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

• Marginal note:Exception — claims

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

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

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

Marginal note:Reference to Government of Canada

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

Marginal note:Pending applications

• 61 (1) Every proceeding with respect to a right or interest granted under an access order, permit, licence or other authorization, lease or agreement for lease or sale that is commenced before the coming into force of any provision of this Act that repeals or renders inapplicable the provision of an Act of Parliament under which the right or interest arises shall be taken up and continued under and in conformity with the laws of the Legislature without any further formality.

• Marginal note:Exception

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