BILL C-120 (First Reading)

	(r) subsection 54(3);
	(s) paragraphs 56(1)(a) and (b);
	(t) subsections 58(1) and (2);
	(u) subsection 59(2);
	(v) section 60;
	(w) subsection 61(1);
	(x) section 63;
	(y) subsection 67(2);
	(z) paragraph 73(1)(a);
	(z.1) subsection 74(1);
	(z.2) section 75;
	(z.3) subsection 77(2);
	(z.4) section 82;
	(z.5) section 92;
	(z.6) section 95;
	(z.7) subsection 100(1);
	(z.8) paragraph 100(13)(b);
	(z.9) subsection 100(22);
	(z.10) section 102;
	(z.11) section 104;
	(z.12) sections 113 and 114;
	(z.13) subsections 115(1) and (2);
	(z.14) section 118;
	(z.15) subsection 120(1);
	(z.16) subsections 121(1) to (3); and
	(z.17) section 129.
	(2) Subsection 58(4) of the English version of the Act is amended by replacing the word ``Act'' with the word ``Part''.
R.S., c. Y-3; R.S., c. 27 (1st Supp.); 1991, cc. 2, 50; 1994, c. 43	YUKON PLACER MINING ACT
	*11. The Yukon Placer Mining Act* is amended by adding the following after section 1:**
	INTERPRETATION
Definitions	1.1 In this Act,
``Minister'' « ministre »	``Minister'' means the Minister of Indian Affairs and Northern Development;
``Territory'' « Territoire »	``Territory'' means the Yukon Territory.
	PART I
	DISPOSITION OF CROWN PLACER MINING RIGHTS
	12. (1) The definitions ``Minister'' and ``Territory'' in subsection 2(1) of the Act are repealed.
	(2) Section 2 of the Act is amended by adding the following after subsection (4):
Part I is subject to Part II	(5) This Part shall be construed as being subject to Part II and the regulations made thereunder, to the extent that the provisions of Part II and of the regulations made thereunder apply in respect of the lands in question.
	13. Section 41 of the Act is amended by adding the following after subsection (2):
Moratorium on annual representation work	(3) If the mining recorder is satisfied, on written application filed with the mining recorder by an owner of a claim, that the owner will be or has been unable to do the work referred to in section 40 as provided in that section, owing to a restriction or requirement imposed by Part II or by any other Act of Parliament or of the Territory, the mining recorder shall grant such relief with respect to that work as may be necessary under the circumstances, subject to subsection (5).
Moratorium on annual representation work	(4) If the Minister is satisfied, on written application filed with the mining recorder by an owner of a claim, that the owner will be or has been unable to do the work referred to in section 40 as provided in that section, owing to any circumstance beyond the owner's control, other than a restriction or requirement referred to in subsection (3), the Minister may grant such relief with respect to that work as may be necessary under the circumstances, subject to subsection (5).
Limitation	(5) Relief granted under subsection (3) or (4) is subject to any conflicting right acquired by another person under this Part before the application for relief was filed with the mining recorder.
	14. Paragraph 47(1)(c) of the Act is replaced by the following:
	(c) has the exclusive right to enter on his claim for the miner-like working thereof and the construction and maintenance of structures, including a residence, that are required for the miner-like working thereof, and
	15. Section 69 of the Act is replaced by the following:
Application of sections 53 to 68	69. Sections 53 to 68 cease to have any force or effect within a water management area on the establishment of such area by the Governor in Council pursuant to subparagraph 33(1)(a)(i) of the Yukon Waters Act.
1994, c. 43, s. 97	16. Section 80.1 of the Act and the heading before it are repealed.
	17. Section 92 of the Act is amended by adding the following after subsection (4):
Moratorium on required expenditure	(4.1) For the purposes of subsection (4) and sections 94 to 96, subsections 41(3) to (5) apply, with such modifications as the circumstances require, in respect of the prescribed expenditure referred to in subsection (4).
	18. The Act is amended by adding the following after section 98:
	PART II
	LAND USE AND RECLAMATION
	Interpretation
Definitions	99. (1) In this Part,
``Chief'' « directeur »	``Chief'' means the Chief of Placer Land Use designated under subsection 111(1);
``Class II Notification'' « avis de type II »	``Class II Notification'' means a written notice of a planned Class II placer land use operation, given to the Chief under paragraph 102(2)(a) or 103(1)(a);
``inspector'' « inspecteur »	``inspector'' means an inspector designated under subsection 111(1);
``operating plan'' « plan d'exploitation »	``operating plan'' means an operating plan required by subsection 102(3) or (4);
``operator'' « exploitant »	``operator'' means a person who engages in a placer land use operation;
``placer land use operation'' « activités minières »	``placer land use operation'' means
	(a) mining, and
	(b) any other activity or group of activities undertaken for the sole or principal purpose of mining.
Application of Part	(2) This Part, any provision of this Part, the regulations made under section 116, and any provision of those regulations, apply in respect of lands or categories of lands, situated within the Territory, only to the extent that the regulations made under paragraph 116(a) so provide.
Categories of lands	(3) Without limiting the generality of paragraph 116(a), regulations made under that paragraph may describe a category of lands by reference to activities taking place, or not taking place, on those lands, either generally or before, at or after a specified time.
Other Acts, etc., to be complied with	(4) For greater certainty, nothing in this Part, the regulations made thereunder or an approved operating plan authorizes a person to contravene any other Act or any regulation or order made thereunder, except as provided in that other Act, regulation or order.
Transfer of functions	(5) The Minister may, by written designation, transfer any function of the Minister or the Chief under this Part to any person or body named in the designation, subject to any terms and conditions specified in the designation, and a person or body so designated may perform that function in accordance with the designation.
	Purpose of Part
Purpose of Part	100. The purpose of this Part is to ensure the development and viability of a sustainable, competitive and healthy placer mining industry that operates in a manner that upholds the essential socio-economic and environmental values of the Territory.
	Placer Land Use Operations
Classes of placer land use operations	101. For the purposes of this Part, there are Class I placer land use operations, Class II placer land use operations, Class III placer land use operations and Class IV placer land use operations, in accordance with the criteria prescribed by the regulations made under paragraph 116(c).
Class I	102. (1) No person shall engage in a Class I placer land use operation except in accordance with the operating conditions prescribed under paragraph 116(b).
Class II	(2) No person shall engage in a Class II placer land use operation except
	(a) after giving a Class II Notification to the Chief in accordance with the regulations made under paragraph 116(d);
	(b) subject to section 103 and the regulations made under paragraph 116(e); and
	(c) subject to any contrary provision in the Class II Notification, in accordance with the operating conditions prescribed under paragraph 116(b).
Class III	(3) No person shall engage in a Class III placer land use operation except
	(a) in accordance with an operating plan approved by the Chief on written application by that person;
	(b) subject to any contrary provision in the operating plan, in accordance with the operating conditions prescribed under paragraph 116(b);
	(c) after notifying the public of the planned placer land use operation, if so required by the Chief, in the manner directed by the Chief; and
	(d) after a public consultation, if any, required by the Chief and held in accordance with the directions of the Chief.
Class IV	(4) No person shall engage in a Class IV placer land use operation except
	(a) in accordance with an operating plan approved by the Chief, on written application by that person, after paragraphs (c) and (d) have been complied with;
	(b) subject to any contrary provision in the operating plan, in accordance with the operating conditions prescribed under paragraph 116(b);
	(c) after notifying the public of the planned placer land use operation, in the manner directed by the Chief; and
	(d) after a public consultation, if any, required by the Chief and held in accordance with the directions of the Chief.
Regulations	(5) For the purposes of paragraphs (3)(c) and (d) and (4)(c) and (d), the Chief shall act in accordance with any regulations made under paragraph 116(h).
Class II - Chief's powers	103. (1) At any time after receiving a person's Class II Notification and before the time at which, by virtue of the regulations made under paragraph 116(e), the person would be entitled to commence to engage in the Class II placer land use operation, the Chief may
	(a) if of the opinion that the operation as described in the Class II Notification would not result in the mitigation of any adverse environmental effect of the operation, notify the person that the operation may not commence until the Chief is satisfied, from an amended Class II Notification, that the operation will result in the mitigation of the adverse environmental effect; and
	(b) if of the opinion that there are special public concerns respecting the lands affected by the operation, notify the person that the operation will be treated, for the purposes of this Part, as if it were a Class III or Class IV placer land use operation.
Chief to give reasons	(2) A notification given to a person under subsection (1) must be in the form, and be given in the manner, prescribed by the regulations made under subparagraph 116(f)(i), and must set out the Chief's reasons for giving the notification.
Effect of Chief's notification	(3) A person who has been notified by the Chief under paragraph (1)(a) shall not commence the operation in question until the Chief is satisfied, from an amended Class II Notification, that the operation will result in the mitigation of the adverse environmental effect.
Effect of Chief's notification	(4) Where the Chief notifies a person under paragraph (1)(b), then subsection 102(3) or (4), as the case may be, applies in respect of the operation in question.
Certificate of Completion	104. (1) In the case of a Class II placer land use operation in respect of which security was required, where the Chief is satisfied that the operation has been terminated and that the operator has complied with all provisions of the Class II Notification and of this Part and the regulations made thereunder, the Chief shall, on written application by the operator, issue to the operator a Certificate of Completion to that effect, in the prescribed form.
Certificate of Completion	(2) In the case of a Class III or Class IV placer land use operation, where the Chief is satisfied that the operation has been terminated and that the holder of the approved operating plan has complied with all provisions of the plan and of this Part and the regulations made thereunder, the Chief shall, on written application by the holder, issue to the holder a Certificate of Completion to that effect, in the prescribed form.
Effect of Certificate of Completion	(3) A document purporting to be a Certificate of Completion is admissible in evidence in any court without proof of the signature or official character of the person appearing to have signed it, and is, unless the contrary is shown, proof of the matters asserted in it.