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This enactment implements provisions of the Canada-Yukon Oil
and Gas Accord. Under the Accord, the Government of Canada has
agreed to transfer to the Yukon Government both administrative and
legislative jurisdiction over oil and gas in the Territory and an adjoining
area. The enactment amends the Yukon Act to confer power to make
laws in relation to oil and gas, analogous to the power of a province. The
granting of oil and gas interests can be restricted on Crown lands
required for federal government purposes and designated by the
Governor in Council as such. The administration and control of oil and
gas transferred to the Yukon Government could be regained by the
Government of Canada if necessary for the settlement of an aboriginal
land claim.
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Amendments are made to federal laws relating to oil and gas in
consequence of the transfer of jurisdiction to Yukon authorities.
Transitional provisions govern the disposition of pending applications
under federal laws, and the treatment of existing oil and gas interests
under Yukon laws.
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Clause 2: (1) The definition ``Territory'' in section 2
reads as follows:
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``Territory'' means the Yukon Territory, which comprises the area de
scribed in the schedule.
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(2) New.
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Clause 3: New.
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Clause 4: New.
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Clause 5: Section 18 reads as follows:
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18. Nothing in section 17 shall be construed as giving the
Commissioner in Council greater powers with respect to any class of
subjects described therein than are given to legislatures of the provinces
under sections 92 and 95 of the Constitution Act, 1867, with respect to
similar subjects therein described.
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Clause 6: New.
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Clause 7: The relevant portion of subsection 47(1)
reads as follows:
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47. (1) The following properties are and remain vested in Her
Majesty in right of Canada:
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Clause 8: This amendment would add the underlined
words to section 47.1 and would add a new section 47.2.
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Clause 9: This amendment would re-designate the
schedule as Schedule 1 and would add a new title.
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Clause 10: New.
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Clause 11: Section 3 reads as follows:
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3. This Act applies in respect of the exploration and drilling for and
the production, conservation, processing and transportation of oil and
gas in
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(a) the Yukon Territory or the Northwest Territories or Sable Island;
or
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(b) those submarine areas not within a province, adjacent to the coast
of Canada and extending throughout the natural prolongation of the
land territory of Canada to the outer edge of the continental margin
or to a distance of two hundred nautical miles from the baselines
from which the breadth of the territorial sea of Canada is measured,
whichever is the greater.
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Clause 12: Subsections 5.01(2) to (4) read as follows:
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(2) Where a person occupies land in an area to which this Act applies
under a lawful right or title, other than an authorization under paragraph
5(1)(b) or an interest as defined in the Canada Petroleum Resources
Act, no person may enter on or use the surface of that land for a purpose
mentioned in subsection (1) without the consent of the occupier or,
where consent has been refused, except in accordance with the terms
and conditions of
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(a) in the case of land within the Yukon Territory, a decision of the
Yukon Surface Rights Board made in accordance with the Yukon
Surface Rights Board Act; and
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(b) in any other case, a decision of an arbitrator made in accordance
with the regulations.
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(3) Subsections (1) and (2) do not apply in respect of settlement land
as defined in section 2 of the Yukon Surface Rights Board Act or Tetlit
Gwich'in Yukon land.
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(4) In this section, ``Tetlit Gwich'in Yukon land'' means land as
described in Annex B, as amended from time to time, to Appendix C of
the Comprehensive Land Claim Agreement between Her Majesty the
Queen in right of Canada and the Gwich'in, as represented by the
Gwich'in Tribal Council, that was approved, given effect and declared
valid by the Gwich'in Land Claim Settlement Act.
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Clause 13: The definition ``frontier lands'' in section
2 reads as follows:
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``frontier lands'' means lands that belong to Her Majesty in right of Can
ada, or in respect of which Her Majesty in right of Canada has the
right to dispose of or exploit the natural resources, and that are si
tuated in
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(a) the Yukon Territory, the Northwest Territories or Sable Island,
or
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(b) those submarine areas, not within a province, adjacent to the
coast of Canada and extending throughout the natural prolonga
tion of the land territory of Canada to the outer edge of the
continental margin or to a distance of two hundred nautical miles
from the baselines from which the breadth of the territorial sea of
Canada is measured, whichever is the greater;
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Clause 14: New.
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Clause 15: The relevant portion of section 40 reads as
follows:
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40. The Board may make rules
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(c) respecting the allowance of costs, including rules
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(ii) respecting the circumstances under which the Board may
allow costs with respect to matters dealt with in the schedule of
fees and other expenses on a basis other than that established by
the schedule.
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Clause 16: Section 65 reads as follows:
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65. On application by
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(a) a person, other than Government, who has an interest or right in
the surface of non-settlement land, or
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(b) a person, other than Government, who has a mineral right with
a right of access under subsection 5.01(1) of the Canada Oil and Gas
Operations Act, section 17 of the Yukon Placer Mining Act or section
12, as restricted by section 14, of the Yukon Quartz Mining Act on that
non-settlement land,
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the Board shall, in relation to a dispute between a person referred to in
paragraph (a) and a person referred to in paragraph (b), make an order
interpreting a provision referred to in paragraph (b) in relation to the
right of access.
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Clause 17: Subsection 75(1) reads as follows:
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75. (1) Subject to subsection (2), the Board may, on application made
by any person who was a party to the hearing held in respect of the order
or any successor to such a party referred to in section 72, review any of
its orders, including an order made under this section, where it appears
that there has been a material change in the facts or circumstances
relating to the order and shall
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(a) where it determines that there has been a material change in the
facts or circumstances relating to the order that would justify the
amendment applied for,
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(i) if the effects on the settlement land or on the Yukon first nation
that owns the land that would be caused as a result of the
amendment are significantly detrimental, revoke that order and
make a new order accordingly, or
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(ii) in any other case, amend the order accordingly; or
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(b) in any other case, dismiss the application.
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Clause 18: The relevant portion of section 78 reads as
follows:
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78. The Governor in Council may make regulations
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