|
|
|
|
|
|
Her Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``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''.
|
|
|
|
|
|
|
|
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.
|
|
|
|
|
|
|
|
|
|
|
|
Clause 79: The relevant portion of the definition
``superior court'' in subsection 3(1) reads as follows:
|
|
|
|
``superior court'' means
|
|
|
|
|
|
|
|
(e) in the Yukon Territory and the Northwest Territories, the
Supreme Court of the territory, and in Nunavut, the Nunavut
Court of Justice;
|
|
|
|
|
|
|
|
Clause 80: The definition ``analyst'' in section 2 reads
as follows:
|
|
|
|
``analyst'' means a person designated as an analyst pursuant to the
Canada Water Act, the Yukon Waters Act or the Northwest Territories
Waters Act;
|
|
|
|
|
|
|
|
Clause 81: The relevant portion of the definition
``court'' in section 2 reads as follows:
|
|
|
|
``court'' means
|
|
|
|
|
|
|
|
(f) in the Yukon Territory and the Northwest Territories, the
Supreme Court of the territory, and in Nunavut, the Nunavut
Court of Justice;
|
|
|
|
Clause 82: The definition ``agency'' in subsection
427(5) reads as follows:
|
|
|
|
``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 the Yukon Territory, the Northwest Territories and Nunavut means
the office of the clerk of the court of each of those territories
respectively;
|
|
|
|
|
|
|
|
Clause 83: The relevant portion of subsection 183(1)
reads as follows:
|
|
|
|
183. (1) The following courts are invested with such jurisdiction at
law and in equity as will enable them to exercise original, auxiliary and
ancillary jurisdiction in bankruptcy and in other proceedings authorized
by this Act during their respective terms, as they are now, or may be
hereafter, held, and in vacation and in chambers:
|
|
|
|
|
|
|
|
(h) in the Yukon Territory or the Northwest Territories, the Supreme
Court of the territory, and in Nunavut, the Nunavut Court of Justice.
|
|
|
|
Clause 84: The relevant portion of section 184 reads
as follows:
|
|
|
|
184. Each of the following persons, namely,
|
|
|
|
|
|
|
|
(c) in the Yukon Territory, the Commissioner of the Yukon Territory,
|
|
|
|
|
|
|
|
shall appoint and assign such registrars, clerks and other officers in
bankruptcy as deemed necessary for the transaction or disposal of
matters in respect of which power or jurisdiction is given by this Act and
may specify or limit the territorial jurisdiction of any such officer.
|
|
|
|
Clause 85: Section 242 reads as follows:
|
|
|
|
242. This Part shall come into force in the Province of Ontario,
Quebec, New Brunswick or Newfoundland or the Yukon Territory only
on the issue, at the request of the lieutenant governor in council of that
Province or the Commissioner of that Territory, of a proclamation by the
Governor in Council declaring it to be in force in that Province or
Territory.
|
|
|
|
|
|
|
|
Clause 86: The relevant portion of the definition
``district'' in section 2 reads as follows:
|
|
|
|
``district'' means any judicial district, or temporary judicial district, that
is set apart or constituted as such by any Act of Parliament or of the
legislature of any province or by any proclamation issued under or
by virtue of any such Act, and any city, county, town or village, to any
of which may be added one or more townships selected for that
purpose, or any group of municipalities or divisions, within and for
which a board of trade is established under this Act, and includes
|
|
|
|
|
|
|
|
(b) in the Province of British Columbia and in the Yukon
Territory, 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.
|
|
|
|
Clause 87: Subsection 3(1) reads as follows:
|
|
|
|
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 the Yukon Territory not less
than one thousand five hundred, may associate themselves together as
a board of trade and appoint a secretary.
|
|
|
|
|
|
|
|
Clause 88: The relevant portion of the definition
``court'' in subsection 2(1) reads as follows:
|
|
|
|
``court'' means
|
|
|
|
|
|
|
|
(e) in the Yukon Territory and the Northwest Territories, the
Supreme Court of the territory, and in Nunavut, the Nunavut
Court of Justice;
|
|
|
|
|
|
|
|
Clause 89: The relevant portion of the definition
``court'' in subsection 3(1) reads as follows:
|
|
|
|
``court'' means
|
|
|
|
|
|
|
|
(d) in the Yukon Territory and the Northwest Territories, the
Supreme Court of the territory, and in Nunavut, the Nunavut
Court of Justice;
|
|
|
|
|
|
|
|
Clause 90: The relevant portion of the definition
``judge'' in subsection 2(1) reads as follows:
|
|
|
|
``judge'', when used to define the judicial officer on whom is conferred
specific powers, means
|
|
|
|
|
|
|
|
(f) in relation to the electoral district of the Yukon Territory, a
judge of the Supreme Court of the Yukon Territory;
|
|
|
|
Clause 91: The relevant portion of subsection 22(3)
reads as follows:
|
|
|
|
(3) The following persons shall not be appointed as an election
officer:
|
|
|
|
|
|
|
|
(c) a member of the legislature of a province, the Council of the
Yukon Territory, the Council of the Northwest Territories or the
Legislative Assembly of Nunavut;
|
|
|
|
(d) a judge or deputy judge of any superior court or any bankruptcy
or insolvency court and, in the Yukon Territory and the Northwest
Territories, a judge of the Territorial Court;
|
|
|
|
Clause 92: The relevant portion of section 65 reads as
follows:
|
|
|
|
65. The following persons are not eligible to be a candidate:
|
|
|
|
|
|
|
|
(c) a member of the legislature of a province, the Council of the
Yukon Territory, the Council of the Northwest Territories or the
Legislative Assembly of Nunavut;
|
|
|
|
Clause 93: The relevant portion of subsection 311(1)
reads as follows:
|
|
|
|
311. (1) If a judge does not comply with the provisions of sections
300 to 309, an aggrieved party may, within eight days after the failure
to comply, make application for an order under subsection (3)
|
|
|
|
|
|
|
|
(b) in the Province of Quebec, New Brunswick or Alberta, the Yukon
Territory, the Northwest Territories or Nunavut, to a judge of the
Court of Appeal of the Province or Territory;
|
|
|
|
Clause 94: The relevant portion of subsection 525(2)
reads as follows:
|
|
|
|
(2) For the purposes of paragraph (1)(a), the courts are
|
|
|
|
|
|
|
|
(c) in the Provinces of Nova Scotia and British Columbia, the Yukon
Territory and the Northwest Territories, the Supreme Court;
|
|
|
|
|
|
|
|
Clause 96: Subsection 22(2) reads as follows:
|
|
|
|
(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 Yukon Territory, the
Commissioner in Council of the Northwest Territories 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 thereof.
|
|
|
|
|
|
|
|
Clause 97: The relevant portion of subsection 123(1)
reads as follows:
|
|
|
|
123. (1) Notwithstanding any other Act of Parliament or any
regulations thereunder, this Part applies to and in respect of
employment
|
|
|
|
(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 the Yukon Territory, the Northwest
Territories or Nunavut;
|
|
|
|
Clause 98: The relevant portion of subsection 167(1)
reads as follows:
|
|
|
|
167. (1) This Part applies
|
|
|
|
(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 the Yukon
Territory, the Northwest Territories or Nunavut;
|
|
|
|
|
|
|
|
Clause 99: The relevant portion of the definition
``Commissioner'' in subsection 2(1) reads as follows:
|
|
|
|
``Commissioner'' means
|
|
|
|
(a) in respect of the properties described in section 47 of the
Yukon Act, the Commissioner of the Yukon Territory,
|
|
|
|
Clause 100: Section 22 reads as follows:
|
|
|
|
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 thereunder, or any
ordinance of the Yukon Territory or Northwest Territories or any law of
the Legislature for Nunavut where the Act, regulation, ordinance or law
requires the surveys to be made by a Canada Lands Surveyor.
|
|
|
|
Clause 101: The relevant portion of subsection 24(1)
reads as follows:
|
|
|
|
24. (1) In this Part, ``Canada Lands'' means
|
|
|
|
(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 the Yukon Territory, the Northwest Territories, Nunavut
or in any park or park reserve, as defined in the Canada National
Parks Act, and any lands that are
|
|
|
|
Clause 102: Subsection 32(2) reads as follows:
|
|
|
|
(2) With respect to Canada Lands situated in the Yukon Territory, 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.
|
|
|
|
Clause 103: The definition ``territorial lands'' in
section 34 reads as follows:
|
|
|
|
``territorial lands'' means any lands situated in the Yukon Territory, the
Northwest Territories or Nunavut.
|
|
|
|
Clause 104: (1) The relevant portion of subsection
41(2) reads as follows:
|
|
|
|
(2) The Minister or the Commissioner shall prepare a notice of
decision setting forth
|
|
|
|
|
|
|
|
(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 the Yukon
Territory, 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
|
|
|
|
(2) Subsection 41(4) reads as follows:
|
|
|
|
(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 Commissioner with
a notice of appeal, appeal from the decision of the Minister or the
Commissioner to the Supreme Court of the Yukon Territory, the
Supreme Court of the Northwest Territories or the Nunavut Court of
Justice, as the case may be.
|
|
|
|
|
|
|
|
Clause 105: The relevant portion of the definition
``court'' in section 103 reads as follows:
|
|
|
|
``court'' means
|
|
|
|
|
|
|
|
(f) the Supreme Court of the Yukon Territory, the Supreme Court
of the Northwest Territories and the Nunavut Court of Justice; and
|
|
|
|
|
|
|
|
Clause 108: The relevant portion of the definition
``frontier lands'' in subsection 6(1) reads as follows:
|
|
|
|
``frontier lands'' means lands that belong to Her Majesty in right of
Canada, 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
situated in
|
|
|
|
(a) the Yukon Territory, the Northwest Territories, Nunavut or
Sable Island, or
|
|
|
|
Clause 109: The definition ``province'' in subsection
218(1) reads as follows:
|
|
|
|
``province'' does not include the Northwest Territories, the Yukon
Territory or Nunavut.
|
|
|
|
|
|
|
|
Clause 110: The definition ``province'' in subsection
223(1) reads as follows:
|
|
|
|
``province'' does not include the Northwest Territories, the Yukon
Territory or Nunavut.
|
|
|
|
|
|
|
|
Clause 111: Subsection 114(1) reads as follows:
|
|
|
|
114. (1) In this section, ``included province'' means a province other
than the Yukon Territory, 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.
|
|
|
|
|
|
|
|
Clause 112: The relevant portion of the definition
``court'' in section 2 reads as follows:
|
|
|
|
``court'' means
|
|
|
|
|
|
|
|
(f) in the Yukon Territory and the Northwest Territories, the
Supreme Court of the territory, and in Nunavut, the Nunavut
Court of Justice.
|
|
|
|
|
|
|
|
Clause 113: Subsection 2(2) reads as follows:
|
|
|
|
(2) In its application to the Yukon Territory, the Northwest Territories
and Nunavut, the expression ``lieutenant governor in council'' in this
Act means the Commissioner of the Yukon Territory, the Northwest
Territories or Nunavut, acting after consultation with the Council of the
Yukon Territory or the Northwest Territories or the Legislative
Assembly of Nunavut, as the case may be.
|
|
|
|
|
|
|
|
Clause 114: The relevant portion of the definition
``superior court'' in section 6 reads as follows:
|
|
|
|
``superior court'' means
|
|
|
|
|
|
|
|
(d) in Nova Scotia, British Columbia, the Yukon Territory and the
Northwest Territories, the Supreme Court,
|
|
|
|
|
|
|
|
Clause 115: The definition ``federal waters'' in
subsection 2(1) reads as follows:
|
|
|
|
``federal waters'' means waters under the exclusive legislative
jurisdiction of Parliament;
|
|
|
|
|
|
|
|
Clause 116: Subsection 19(2) reads as follows:
|
|
|
|
(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.
|
|
|
|
Clause 117: (1) Section 21 reads as follows:
|
|
|
|
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 the Yukon Territory, 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.
|
|
|
|
Clause 118: Subsections 25(1) and (2) read as follows:
|
|
|
|
25. (1) The Government of the Yukon Territory 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 Government of the Yukon Territory in respect of
the operation of Yukon oil and gas laws on and after the transfer
date.
|
|
|
|
(2) The Government of Canada shall indemnify the Government
of the Yukon Territory against any claim, action or other proceeding
for damages brought against the Government of the Yukon
Territory, 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.
|
|
|
|
Clause 119: New.
|
|
|
|
|
|
|
|
Clause 120: The relevant portion of section 4 reads as
follows:
|
|
|
|
4. There is hereby established a corporation, to be called the
Canadian Centre for Occupational Health and Safety, governed by a
Council composed of the following persons, to be appointed by the
Governor in Council as provided in sections 7 and 8:
|
|
|
|
|
|
|
|
(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 the Yukon Territory, one to be nominated by
the Commissioner of the Northwest Territories and one to be
nominated by the Commissioner of Nunavut;
|
|
|
|
Clause 121: Subsection 26(4) reads as follows:
|
|
|
|
(4) Forthwith 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 the Yukon Territory,
the Commissioner of the Northwest Territories and the Commissioner
of Nunavut.
|
|
|
|
|
|
|
|
Clause 122: (1) The relevant portion of the definition
``federal authority'' in subsection 2(1) reads as follows:
|
|
|
|
``federal authority'' means
|
|
|
|
|
|
|
|
but does not include the Commissioner in Council or an agency or
body of the Yukon Territory, the Northwest Territories or Nunavut,
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;
|
|
|
|
(2) The relevant portion of the definition ``federal
lands'' in subsection 2(1) reads as follows:
|
|
|
|
``federal lands'' means
|
|
|
|
(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 the
administration and control of which have been transferred by the
Governor in Council to the Commissioner of the Yukon Territory,
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,
|
|
|
|
Clause 123: The relevant portion of subsection 48(6)
reads as follows:
|
|
|
|
(6) For the purposes of this section, ``lands in respect of which
Indians have interests'' means
|
|
|
|
(a) land areas that are subject to a land claim accepted by the
Government of Canada for negotiation under its comprehensive
land claims policy and that
|
|
|
|
(i) in the case of land areas situated in the Yukon Territory, the
Northwest Territories or Nunavut, have been withdrawn from
disposal under the Territorial Lands Act for the purposes of land
claim settlement, or
|
|
|
|
|
|
|
|
Clause 124: The relevant portion of subsection 6(2)
reads as follows:
|
|
|
|
(2) The Committee shall consist of the following members:
|
|
|
|
|
|
|
|
(c) subject to subsection (3), not more than six representatives of
aboriginal governments, to be selected on the following regional
basis,
|
|
|
|
|
|
|
|
(v) one representative for all aboriginal governments, except
Inuit, in British Columbia and the Yukon Territory, and
|
|
|
|
Clause 125: New.
|
|
|
|
|
|
|
|
Clause 126: The relevant portion of subsection 37(1)
reads as follows:
|
|
|
|
37. (1) The Commission may make by-laws for the conduct of its
affairs and, without limiting the generality of the foregoing, may make
by-laws
|
|
|
|
|
|
|
|
(d) respecting the procedure to be followed in dealing with
complaints under Part III that have arisen in the Yukon Territory, the
Northwest Territories or Nunavut;
|
|
|
|
Clause 127: Section 63 reads as follows:
|
|
|
|
63. Where a complaint under this Part relates to an act or omission
that occurred in the Yukon Territory, 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.
|
|
|
|
Clause 128: Subsections 66(1) and (2) read as follows:
|
|
|
|
66. (1) This Act is binding on Her Majesty in right of Canada, except
in matters respecting the Government of the Yukon Territory, the
Northwest Territories or Nunavut.
|
|
|
|
(2) The exception referred to in subsection (1) shall come into
operation in respect of the Government of the Yukon Territory on a day
to be fixed by proclamation.
|
|
|
|
|
|
|
|
Clause 129: The relevant portion of the definition
``federal institution'' in section 2 reads as follows:
|
|
|
|
``federal institution'' means any of the following institutions of the
Government of Canada:
|
|
|
|
|
|
|
|
|
|
|
|
(c) any institution of the Council or government of the Northwest
Territories or the Yukon Territory or of the Legislative Assembly
for, or the government of, Nunavut, or
|
|
|
|
|
|
|
|
Clause 130: Subsection 14(2) reads as follows:
|
|
|
|
(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 Yukon Territory, the Northwest
Territories or Nunavut requests the Board to investigate and undertakes
to be liable to the Board for any reasonable costs incurred by the Board
in the investigation.
|
|
|
|
|
|
|
|
Clause 131: Section 37 reads as follows:
|
|
|
|
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 the
Yukon Territory, 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.
|
|
|
|
|
|
|
|
Clause 132: The relevant portion of the definition
``court'' in subsection 16(22) reads as follows:
|
|
|
|
``court'' means
|
|
|
|
|
|
|
|
(f) in the Yukon Territory and the Northwest Territories, the
Supreme Court of the territory, and in Nunavut, the Nunavut
Court of Justice, and
|
|
|
|
|
|
|
|
Clause 133: The relevant portion of the definition
``court'' in section 2 reads as follows:
|
|
|
|
``court'' means
|
|
|
|
|
|
|
|
(d) in the Yukon Territory and the Northwest Territories, the
Supreme Court of the territory, and in Nunavut, the Nunavut
Court of Justice;
|
|
|
|
Clause 134: Section 13 reads as follows:
|
|
|
|
13. Except in the Yukon Territory, any person dissatisfied with an
order or a decision made under this Act may appeal therefrom 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.
|
|
|
|
Clause 135: Subsection 14(2) reads as follows:
|
|
|
|
(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 the Yukon Territory, a judge of
the Supreme Court of Canada, allows, the appellant has taken
proceedings therein to perfect his appeal, and within that time he has
made a deposit or given sufficient security according to the practice of
the court appealed to that he 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.
|
|
|
|
|
|
|
|
Clause 136: The relevant portion of the definition
``court'' in section 2 reads as follows:
|
|
|
|
``court'' means
|
|
|
|
|
|
|
|
(f) in the Yukon Territory and the Northwest Territories, the
Supreme Court of the territory, and in Nunavut, the Nunavut
Court of Justice;
|
|
|
|
|
|
|
|
Clause 137: (1) The relevant portion of the definition
``Attorney General'' in section 2 reads as follows:
|
|
|
|
``Attorney General''
|
|
|
|
|
|
|
|
|
|
|
|
(i) the Yukon Territory, the Northwest Territories and Nuna
vut, or
|
|
|
|
|
|
|
|
means the Attorney General of Canada and includes his lawful
deputy;
|
|
|
|
(2) The relevant portion of the definition ``superior
court of criminal jurisdiction'' in section 2 reads as
follows:
|
|
|
|
``superior court of criminal jurisdiction'' means
|
|
|
|
|
|
|
|
(f) in the Yukon Territory, the Supreme Court,
|
|
|
|
Clause 138: The relevant portion of subsection 8(1)
reads as follows:
|
|
|
|
8. (1) The provisions of this Act apply throughout Canada except
|
|
|
|
(a) in the Yukon Territory, in so far as they are inconsistent with the
Yukon Act;
|
|
|
|
Clause 139: The relevant portion of the definition
``court'' in subsection 164(8) reads as follows:
|
|
|
|
``court'' means
|
|
|
|
|
|
|
|
(d) in the Provinces of Nova Scotia and British Columbia, the
Yukon Territory and the Northwest Territories, the Supreme
Court, and
|
|
|
|
Clause 140: The relevant portion of subsection 188(4)
reads as follows:
|
|
|
|
(4) In this section, ``Chief Justice'' means
|
|
|
|
|
|
|
|
(f) in the Yukon Territory, the Northwest Territories and Nunavut, the
senior judge within the meaning of subsection 22(3) of the Judges
Act.
|
|
|
|
Clause 141: The relevant portion of the definition
``Minister of Health'' in subsection 287(6) reads as
follows:
|
|
|
|
``Minister of Health'' means
|
|
|
|
|
|
|
|
(e) in the Yukon Territory, the Northwest Territories and Nunavut,
the Minister of National Health and Welfare;
|
|
|
|
Clause 142: The relevant portion of the definition
``court'' in subsection 320(8) reads as follows:
|
|
|
|
``court'' means
|
|
|
|
|
|
|
|
(d) in the Provinces of Nova Scotia and British Columbia, the
Yukon Territory and the Northwest Territories, the Supreme
Court, and
|
|
|
|
Clause 143: The relevant portion of the definition
``judge'' in section 493 reads as follows:
|
|
|
|
``judge'' means
|
|
|
|
|
|
|
|
(e) in the Yukon Territory and the Northwest Territories, a judge
of the Supreme Court of the territory, and
|
|
|
|
Clause 144: Section 533 reads as follows:
|
|
|
|
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 the
Yukon Territory, 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 the Yukon
Territory, the Northwest Territories and Nunavut, respectively.
|
|
|
|
Clause 145: The relevant portion of the definition
``judge'' in section 552 reads as follows:
|
|
|
|
``judge'' means,
|
|
|
|
|
|
|
|
(i) in the Yukon Territory and the Northwest Territories, a judge
of the Supreme Court of the territory, and
|
|
|
|
Clause 146: The relevant portion of subsection
745.6(3) reads as follows:
|
|
|
|
(3) For the purposes of this section and sections 745.61 to 745, the
``appropriate Chief Justice'' is
|
|
|
|
|
|
|
|
(f) in relation to the Yukon Territory, the Northwest Territories and
Nunavut, the Chief Justice of the Court of Appeal thereof.
|
|
|
|
Clause 147: Subsection 745.64(2) reads as follows:
|
|
|
|
(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 the Yukon Territory, the Northwest Territories or Nunavut,
the appropriate Chief Justice may designate the judge from the Court of
Appeal of the Yukon Territory, the Northwest Territories or Nunavut, or
the Supreme Court of the Yukon Territory or the Northwest Territories
or the Nunavut Court of Justice, as the case may be.
|
|
|
|
Clause 149: The relevant portion of subsection 812(1)
reads as follows:
|
|
|
|
812. (1) For the purposes of sections 813 to 828, ``appeal court''
means
|
|
|
|
|
|
|
|
(h) in the Yukon Territory and Northwest Territories, a judge of the
Supreme Court of the territory; and
|
|
|
|
Clause 150: Subsection 814(4) reads as follows:
|
|
|
|
(4) In the Yukon Territory, 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 thereto where a court is
appointed to be held.
|
|
|
|
|
|
|
|
Clause 151: The definition ``servant'' in section 2
reads as follows:
|
|
|
|
``servant'' includes agent, but does not include any person appointed or
employed by or under the authority of an ordinance of the Yukon
Territory or the Northwest Territories or a law of the Legislature for
Nunavut;
|
|
|
|
|
|
|
|
Clause 152: The relevant portion of the definition
``court'' in subsection 71(2) reads as follows:
|
|
|
|
``court'' means
|
|
|
|
|
|
|
|
(c) in the Provinces of Nova Scotia and British Columbia, the
Yukon Territory and the Northwest Territories, the Supreme
Court,
|
|
|
|
Clause 153: The relevant portion of subsection 138(5)
reads as follows:
|
|
|
|
(5) In this section and sections 139 and 140, ``court'' means
|
|
|
|
|
|
|
|
(c) in the Provinces of Nova Scotia and British Columbia, the Yukon
Territory and the Northwest Territories, the Supreme Court;
|
|
|
|
|
|
|
|
Clause 154: The relevant portion of section 4 reads as
follows:
|
|
|
|
4. The powers, duties and functions of the Minister extend to and
include all matters over which Parliament has jurisdiction, not by law
assigned to any other department, board or agency of the Government
of Canada, relating to
|
|
|
|
|
|
|
|
(b) the Yukon Territory, the Northwest Territories and Nunavut and
their resources and affairs; and
|
|
|
|
Clause 155: The relevant portion of section 5 reads as
follows:
|
|
|
|
5. The Minister shall be responsible for
|
|
|
|
(a) coordinating the activities in the Yukon Territory, 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 the
Yukon Territory, the Northwest Territories and Nunavut; and
|
|
|
|
Clause 156: Section 6 reads as follows:
|
|
|
|
6. The Minister has the administration of all lands situated in the
Yukon Territory, the Northwest Territories and Nunavut belonging to
Her Majesty in right of Canada except those lands that were
immediately before October 1, 1966 under the management, charge and
direction of any minister, department, branch or agency of the
Government of Canada other than the Minister of Northern Affairs and
National Resources or the Department of Northern Affairs and National
Resources.
|
|
|
|
|
|
|
|
Clause 157: Subsection 10(1) reads as follows:
|
|
|
|
10. (1) The Minister has the administration of all federal real
property and federal immovables except those under the administration
of any other minister, board or agency of the Government of Canada or
any corporation.
|
|
|
|
|
|
|
|
Clause 158: The relevant portion of the definition
``court'' in subsection 2(1) reads as follows:
|
|
|
|
``court'', in respect of a province, means
|
|
|
|
|
|
|
|
(e) for the Yukon Territory or the Northwest Territories, the
Supreme Court of the territory, and in Nunavut, the Nunavut
Court of Justice,
|
|
|
|
and includes such other court in the province the judges of which are
appointed by the Governor General as is designated by the
Lieutenant Governor in Council of the province as a court for the
purposes of this Act;
|
|
|
|
Clause 159: The relevant portion of the definition
``Attorney General'' in subsection 18(1) reads as
follows:
|
|
|
|
``Attorney General'', in respect of a province, means
|
|
|
|
(a) for the Yukon Territory, the member of the Council of the
Yukon Territory designated by the Commissioner of the Yukon
Territory,
|
|
|
|
|
|
|
|
and includes any person authorized in writing by the member or
Attorney General to act for the member or Attorney General in the
performance of a function under this section or section 19;
|
|
|
|
Clause 160: The relevant portion of subsection
20.1(1) reads as follows:
|
|
|
|
20.1 (1) A support order may be assigned to
|
|
|
|
|
|
|
|
(c) any member of the Council of the Yukon Territory, or any agency
in the Yukon Territory, designated by the Commissioner of the
Yukon Territory;
|
|
|
|
|
|
|
|
Clause 161: The definitions ``Dominion
water-powers'' and ``public lands'' in section 2 read as
follows:
|
|
|
|
``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 control and management of the
Minister;
|
|
|
|
``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;
|
|
|
|
|
|
|
|
Clause 162: The relevant portion of the definition
``private sector employer'' in section 3 reads as follows:
|
|
|
|
``private sector employer'' means any person who employs one
hundred or more employees on or in connection with a federal work,
undertaking or business as defined in section 2 of the Canada
Labour Code and includes any corporation established to perform
any function or duty on behalf of the Government of Canada that
employs one hundred or more employees, but does not include
|
|
|
|
(a) a person who employs employees on or in connection with a
work, undertaking or business of a local or private nature in the
Yukon Territory, the Northwest Territories or Nunavut, or
|
|
|
|
|
|
|
|
Clause 163: Subsection 24(2) reads as follows:
|
|
|
|
(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 the Yukon Territory, the Northwest Territories or
Nunavut.
|
|
|
|
Clause 164: Subsection 40(2) reads as follows:
|
|
|
|
(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 the Yukon Territory, the Northwest Territories or
Nunavut are to be sold on or for delivery in any areas or zones in Canada
and outside that Territory or those Territories or at any points of export
from Canada.
|
|
|
|
Clause 165: Subsection 41(2) reads as follows:
|
|
|
|
(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
the Yukon Territory, 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 that Territory, those Territories or that offshore area.
|
|
|
|
|
|
|
|
Clause 166: Subsection 2(2) reads as follows:
|
|
|
|
(2) For the purposes of this Act, the expression ``Her Majesty in right
of a province'' includes the governments of the Yukon Territory, the
Northwest Territories and Nunavut and the expression ``legislature of
any province'' includes the Council of the Yukon Territory, the Council
of the Northwest Territories and the Legislative Assembly of Nunavut.
|
|
|
|
|
|
|
|
Clause 167: Subsection 4(4) reads as follows:
|
|
|
|
(4) No interest in settlement land as defined in section 2 of the Yukon
Surface Rights Board Act may be expropriated under this Part without
the consent of the Governor in Council.
|
|
|
|
Clause 168: Section 35.1 reads as follows:
|
|
|
|
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 be heard and determined
only by the Yukon Surface Rights Board under and in accordance with
the Yukon Surface Rights Board Act.
|
|
|
|
(2) Subsection 16(2) and sections 33, 35 and 36 apply, with such
modifications as the circumstances require, in respect of compensation
determined by the Yukon Surface Rights Board as if that compensation
were compensation adjudged by the Court.
|
|
|
|
|
|
|
|
Clause 169: The relevant portion of the definition
``court'' in section 2 reads as follows:
|
|
|
|
``court'' means
|
|
|
|
|
|
|
|
(d) in Nova Scotia, British Columbia, the Northwest Territories,
the Yukon Territory and Nunavut, the Supreme Court; and
|
|
|
|
|
|
|
|
Clause 170: Subsection 2(2) reads as follows:
|
|
|
|
(2) In Parts I, II and IV, ``province'' does not include the Yukon
Territory, the Nortwest Territories or Nunavut.
|
|
|
|
|
|
|
|
Clause 171: Section 17 reads as follows:
|
|
|
|
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 Yukon Territory, the Northwest Territories and Nunavut.
|
|
|
|
(2) Where any federal real property in the Yukon Territory, the
Northwest Territories or Nunavut is granted in fee simple under this Act,
the Minister of Indian Affairs and Northern Development has the
administration of such property and rights as are reserved from the grant
by virtue of subsection (1).
|
|
|
|
(3) Where an interest other than the fee simple in any federal real
property in the Yukon Territory, the Northwest Territories or Nunavut
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).
|
|
|
|
|
|
|
|
Clause 172: The relevant portion of subsection 118(2)
reads as follows:
|
|
|
|
(2) In this section, ``court'' means
|
|
|
|
|
|
|
|
(e) in the Yukon Territory or the Northwest Territories, the Supreme
Court of the territory, and in Nunavut, the Nunavut Court of Justice.
|
|
|
|
|
|
|
|
Clause 173: The relevant portion of the definition
``judge'' in section 74 reads as follows:
|
|
|
|
``judge'' means
|
|
|
|
|
|
|
|
(d) in the Provinces of Nova Scotia, British Columbia and
Newfoundland, the Yukon Territory and the Northwest
Territories, a judge of the Supreme Court, and
|
|
|
|
|
|
|
|
Clause 174: Subsection 5(1) reads as follows:
|
|
|
|
5. (1) Where an employee is usually employed in the Yukon Territory
or the Northwest Territories, the employee shall for the purposes of this
Act be deemed to be usually employed in the Province of Alberta.
|
|
|
|
|
|
|
|
Clause 175: The first paragraph of the preamble reads
as follows:
|
|
|
|
WHEREAS the Gwich'in, from time immemorial, have traditionally
used and occupied lands in the Yukon Territory and the Northwest
Territories;
|
|
|
|
Clause 176: The relevant portion of section 7 reads as
follows:
|
|
|
|
7. The Minister of Indian Affairs and Northern Development shall
cause a certified copy of the Agreement and any amendments thereto
to be deposited in
|
|
|
|
|
|
|
|
(b) the regional offices of the Department of Indian Affairs and
Northern Development that are situated in the Yukon Territory and
the Northwest Territories;
|
|
|
|
(c) the legislative libraries of the Government of the Yukon Territory
and the Government of the Northwest Territories; and
|
|
|
|
|
|
|
|
Clause 177: The relevant portion of subsection 28(2)
reads as follows:
|
|
|
|
(2) The council shall consist of the following members:
|
|
|
|
|
|
|
|
(e) not fewer than four and not more than thirteen governors to
represent the governments of the ten provinces, the Government of
the Yukon Territory, the Government of the Northwest Territories
and the Government of Nunavut, appointed after consultation by the
Minister with each of those governments.
|
|
|
|
|
|
|
|
Clause 178: The definition ``federal laws'' in
subsection 2(1) reads as follows:
|
|
|
|
``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 the Yukon Act;
|
|
|
|
|
|
|
|
Clause 179: The relevant portion of subsection 4(1)
reads as follows:
|
|
|
|
4. (1) A Board to be called the Historic Sites and Monuments Board
of Canada is hereby established, consisting of eighteen members as
follows:
|
|
|
|
|
|
|
|
(d) two representatives for each of Ontario and Quebec, one
representative for each of the other provinces, and one
representative for each of the Yukon Territory, the Northwest
Territories and Nunavut, to be appointed by the Governor in Council.
|
|
|
|
|
|
|
|
Clause 180: The relevant portion of the definition
``judge'' in subsection 93.1(9) reads as follows:
|
|
|
|
``judge'' means
|
|
|
|
|
|
|
|
(e) in the Yukon Territory and the Northwest Territories, a judge
of the Supreme Court of the territory, and in Nunavut, a judge of
the Nunavut Court of Justice.
|
|
|
|
Clause 181: The relevant portion of the definition
``judge'' in subsection 102.2(9) reads as follows:
|
|
|
|
``judge'' means
|
|
|
|
|
|
|
|
(e) in the Yukon Territory and the Northwest Territories, a judge
of the Supreme Court of the territory, and in Nunavut, a judge of
the Nunavut Court of Justice.
|
|
|
|
|
|
|
|
Clause 182: The definition ``province'' in section 2
reads as follows:
|
|
|
|
``province'' means any province 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 therein.
|
|
|
|
|
|
|
|
Clause 183: The relevant portion of subsection
14.3(5) reads as follows:
|
|
|
|
(5) An appeal may be heard under this section
|
|
|
|
|
|
|
|
(d) in the Provinces of Nova Scotia and British Columbia, the Yukon
Territory or the Northwest Territories, before the Supreme Court; or
|
|
|
|
Clause 184: The relevant portion of subsection 114(1)
reads as follows:
|
|
|
|
114. (1) The Governor in Council may authorize the Minister, in
accordance with this Act, to enter into agreements on behalf of Her
Majesty for the education in accordance with this Act of Indian
children, with
|
|
|
|
|
|
|
|
(b) the Commissioner of the Yukon Territory;
|
|
|
|
|
|
|
|
Clause 185: The definition ``province'' in section 2
reads as follows:
|
|
|
|
``province'' does not include the Yukon Territory, the Northwest
Territories or Nunavut.
|
|
|
|
Clause 186: The relevant portion of subsection 3(2)
reads as follows:
|
|
|
|
(2) In arranging districts into Tier Groups, the Minister shall ensure
that
|
|
|
|
|
|
|
|
(b) one Tier Group, called Tier Group III, includes
|
|
|
|
|
|
|
|
(ii) the Yukon Territory, the Northwest Territories and Nunavut;
|
|
|
|
|
|
|
|
Clause 187: The relevant portion of the definition
``court'' in subsection 2(1) reads as follows:
|
|
|
|
``court'' means
|
|
|
|
|
|
|
|
(f) in the Yukon Territory and the Northwest Territories, the
Supreme Court of the territory, and in Nunavut, the Nunavut
Court of Justice;
|
|
|
|
|
|
|
|
Clause 188: (1) The definitions ``Act'', '' ``legislative
assembly'', ``legislative council'' or ``legislature'' '',
``lieutenant governor'', ``lieutenant governor in
council'', ``province'' and ``territory'' in subsection
35(1) read as follows:
|
|
|
|
``Act'', as meaning an Act of a legislature, includes an ordinance of the
Yukon Territory or of the Northwest Territories and a law of the
Legislature for Nunavut;
|
|
|
|
``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 Commissioner in Council of the Yukon Territory, the
Commissioner in Council of the Northwest Territories, and the
Legislature for Nunavut;
|
|
|
|
``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 relation to the Yukon Territory, the Northwest
Territories or Nunavut, means the Commissioner thereof;
|
|
|
|
``lieutenant governor in council'' means the lieutenant governor acting
by and with the advice of, or by and with the advice and consent of,
or in conjunction with the executive council of the province
indicated by the enactment and, in relation to the Yukon Territory, the
Northwest Territories or Nunavut, means the Commissioner thereof;
|
|
|
|
``province'' means a province of Canada, and includes the Yukon
Territory, the Northwest Territories and Nunavut;
|
|
|
|
``territory'' means the Yukon Territory, the Northwest Territories and,
after section 3 of the Nunavut Act comes into force, Nunavut;
|
|
|
|
(2) The relevant portion of the definition ``standard
time'' in subsection 35(1) reads as follows:
|
|
|
|
``standard time'', except as otherwise provided by any proclamation of
the Governor in Council that may be issued for the purposes of this
definition in relation to any province or territory or any part thereof,
means
|
|
|
|
|
|
|
|
(g) in relation to the Yukon Territory, Yukon standard time, being
nine hours behind Greenwich time;
|
|
|
|
(3) The relevant portion of the definition ``superior
court'' in subsection 35(1) reads as follows:
|
|
|
|
``superior court'' means
|
|
|
|
|
|
|
|
(e) in the Yukon Territory or the Northwest Territories, the
Supreme Court of the territory, and in Nunavut, the Nunavut
Court of Justice,
|
|
|
|
and includes the Supreme Court of Canada and the Federal Court;
|
|
|
|
|
|
|
|
Clause 189: The relevant portion of subsection 22(1)
reads as follows:
|
|
|
|
22. (1) The yearly salaries of the judges of the Supreme Court of the
Yukon Territory are as follows:
|
|
|
|
Clause 190: (1) Subsection 27(2) reads as follows:
|
|
|
|
(2) On and after April 1, 2000, there shall be paid to each judge of
the Supreme Court of the Yukon Territory, 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.
|
|
|
|
(2) Subsection 27(6) reads as follows:
|
|
|
|
(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 the Yukon
Territory, 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 the Yukon Territory, 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).
|
|
|
|
(3) and (4) The relevant portion of subsection 27(7)
reads as follows:
|
|
|
|
(7) On and after April 1, 2000, the maximum yearly amounts of the
representational allowance referred to in subsection (6) are as follows:
|
|
|
|
|
|
|
|
(e) The senior judge of the Supreme Court of the Yukon Territory, the
senior judge of the Supreme Court of the Northwest Territories and
the senior judge of the Nunavut Court of Justice, each $10,000
|
|
|
|
|
|
|
|
(g) The Chief Justice of the Court of Appeal of the Yukon Territory,
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
|
|
|
|
(5) The definition ``senior judge'' in subsection 27(9)
reads as follows:
|
|
|
|
``senior judge'' of the Supreme Court of the Yukon Territory, 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.
|
|
|
|
Clause 191: (1) The relevant portion of subsection
29(3) reads as follows:
|
|
|
|
(3) A judge who has made the election referred to in subsection (1)
shall hold himself available to perform such special judicial duties as
may be assigned to the judge
|
|
|
|
|
|
|
|
(b) in the case of a supernumerary judge of the Supreme Court of the
Yukon Territory, of the Supreme Court of the Northwest Territories
or of the Nunavut Court of Justice, by the senior judge of that Court.
|
|
|
|
(2) Subsections 29(5) and (6) read as follows:
|
|
|
|
(5) In this section, a reference to the attorney general of a province
shall be construed in relation to the Yukon Territory, the Northwest
Territories and Nunavut as a reference to the Commissioner thereof.
|
|
|
|
(6) In this section, ``senior judge'' of the Supreme Court of the Yukon
Territory, 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.
|
|
|
|
Clause 192: Subsection 33(2) reads as follows:
|
|
|
|
(2) In this section, a reference to the attorney general of a province
shall be construed in relation to the Yukon Territory, the Northwest
Territories and Nunavut as a reference to the Commissioner thereof.
|
|
|
|
Clause 193: (1) The relevant portion of subsection
40(1) reads as follows:
|
|
|
|
40. (1) A removal allowance shall be paid to
|
|
|
|
|
|
|
|
(c) a judge of the Supreme Court of the Yukon Territory, 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 the Yukon Territory, 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;
|
|
|
|
(2) Subsection 40(1.1) reads as follows:
|
|
|
|
(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 the Yukon Territory, the Supreme
Court of the Northwest Territories or the Nunavut Court of Justice, as
the case may be.
|
|
|
|
Clause 194: Subsection 54(4) reads as follows:
|
|
|
|
(4) In this section, ``senior judge'', in respect of the Supreme Court
of the Yukon Territory, 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.
|
|
|
|
Clause 195: The relevant portion of subsection 59(1)
reads as follows:
|
|
|
|
59. (1) There is hereby established a Council, to be known as the
Canadian Judicial Council, consisting of
|
|
|
|
|
|
|
|
(c) the senior judges, as defined in subsection 22(3), of the Supreme
Court of the Yukon Territory, the Supreme Court of the Northwest
Territories and the Nunavut Court of Justice;
|
|
|
|
|
|
|
|
Clause 196: Section 2 reads as follows:
|
|
|
|
2. In this Act, ``Territory'' means the Yukon Territory or the
Northwest Territories, as the case may require.
|
|
|
|
Clause 197: The relevant portion of subsection 3(2)
reads as follows:
|
|
|
|
(2) Subject to subsection (3), an order shall not be made in respect
of a Territory unless the Governor in Council is satisfied that the land
titles ordinance enacted to replace the Land Titles Act
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(ii) in the case of the Yukon Territory, provisions having the same
effect as sections 55 and 56 of that Act,
|
|
|
|
Clause 198: Section 4 reads as follows:
|
|
|
|
4. Notwithstanding any other Act of Parliament, the Commissioner
in Council of a Territory may not, without the approval of the Governor
in Council, repeal, amend or otherwise render inoperable any provision
included in a land titles ordinance pursuant to paragraph 3(2)(c).
|
|
|
|
Clause 199: Subsection 5(1) reads as follows:
|
|
|
|
5. (1) Subject to subsection (2), the Commissioner in Council of a
Territory may provide in a land titles ordinance that a certificate of title
granted under the ordinance 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 that Territory.
|
|
|
|
|
|
|
|
Clause 200: The long title reads as follows:
|
|
|
|
An Act to provide assistance to livestock feeders in Eastern Canada,
British Columbia, the Yukon Territory, the Northwest Territories
and Nunavut
|
|
|
|
Clause 201: The definition ``livestock feeder'' in
subsection 2(1) reads as follows:
|
|
|
|
``livestock feeder'' means a person who raises livestock in Eastern
Canada, British Columbia, the Yukon Territory, the Northwest
Territories or Nunavut;
|
|
|
|
Clause 202: The relevant portion of section 5 reads as
follows:
|
|
|
|
5. The purpose of this Act is to ensure
|
|
|
|
|
|
|
|
(c) reasonable stability in the price of feed grain in Eastern Canada,
British Columbia, the Yukon Territory, the Northwest Territories and
Nunavut; and
|
|
|
|
(d) fair equalization of feed grain prices in Eastern Canada, British
Columbia, the Yukon Territory, the Northwest Territories and
Nunavut.
|
|
|
|
Clause 203: The relevant portion of section 6 reads as
follows:
|
|
|
|
6. The Minister may
|
|
|
|
|
|
|
|
(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, the Yukon Territory, 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, the Yukon Territory, the Northwest
Territories or Nunavut; and
|
|
|
|
Clause 204: The relevant portion of section 19 reads
as follows:
|
|
|
|
19. The Governor in Council may make regulations
|
|
|
|
(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, the Yukon Territory, the Northwest Territories and
Nunavut as may be prescribed by the regulations;
|
|
|
|
|
|
|
|
Clause 205: The definition ``Mackenzie Valley'' in
section 2 reads as follows:
|
|
|
|
``Mackenzie Valley'' means that part of the Northwest Territories
bounded on the south by the 60th parallel of latitude, on the west by
the Yukon Territory, 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.
|
|
|
|
Clause 206: (1) Subsection 141(1) reads as follows:
|
|
|
|
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, the Yukon Territory 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.
|
|
|
|
(2) Subsection 141(3) reads as follows:
|
|
|
|
(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, the Yukon Territory 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.
|
|
|
|
Clause 207: Section 142 reads as follows:
|
|
|
|
142. Where a development proposed to be carried out wholly in a
region of the Northwest Territories, the Yukon Territory 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.
|
|
|
|
|
|
|
|
Clause 208: The relevant portion of subsection 36(4)
reads as follows:
|
|
|
|
(4) Where it is made to appear to the satisfaction of the Minister that
the name of the current owner of a motor vehicle cannot reasonably be
determined in the manner provided under paragraph (1)(b),
|
|
|
|
(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 Yukon Territory, Northwest Territories and
Nunavut, or by an alternative medium for such period as the Minister
deems expedient, and the notice shall be deemed to be notice given
in the manner prescribed for the purpose of subsection (1); or
|
|
|
|
|
|
|
|
Clause 209: The relevant portion of the definition
``judge'' in subsection 2(1) reads as follows:
|
|
|
|
``judge'' means
|
|
|
|
|
|
|
|
(d) in Nova Scotia, British Columbia, Newfoundland, the Yukon
Territory and the Northwest Territories, a judge of the Supreme
Court, and in Nunavut, a judge of the Nunavut Court of Justice;
|
|
|
|
|
|
|
|
Clause 210: Subsection 78.1(1) reads as follows:
|
|
|
|
78.1 (1) No company shall, if the Yukon first nation concerned does
not consent thereto, take possession of or occupy settlement land as
defined in section 2 of the Yukon Surface Rights Board Act without the
consent of the Governor in Council.
|
|
|
|
Clause 211: Section 97.1 reads as follows:
|
|
|
|
97.1 Where an Arbitration Committee is appointed to determine a
compensation matter involving land referred to in section 78.1, sections
3, 26 to 31, 36, 54 to 58, 63, 67 and 72 of the Yukon Surface Rights Board
Act apply to the Arbitration Committee as if it were the Yukon Surface
Rights Board.
|
|
|
|
|
|
|
|
Clause 212: The definition ``Agreement'' in
subsection 2(1) reads as follows:
|
|
|
|
``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 Territory
and Caroline, Alberta;
|
|
|
|
Clause 213: The relevant portion of section 4 reads as
follows:
|
|
|
|
4. The objects of this Act are
|
|
|
|
|
|
|
|
(d) to facilitate, in relation to the pipeline, consultation and
coordination with the governments of the provinces, the Yukon
Territory and the Northwest Territories;
|
|
|
|
Clause 214: The relevant portion of section 10 reads
as follows:
|
|
|
|
10. The Minister may
|
|
|
|
|
|
|
|
(b) hold consultations with the governments of the provinces, the
Yukon Territory 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,
the Yukon Territory and the Northwest Territories, after consultation
with the respective Commissioners in Council of those 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;
|
|
|
|
Clause 215: (1) The relevant portion of subsection
18(1) reads as follows:
|
|
|
|
18. (1) For the purpose of carrying out the objects of this Act, the
Governor in Council may establish a Federal-Provincial Consultative
Council consisting of
|
|
|
|
(a) the Commissioner and a representative of the Yukon Territory
named by the Governor in Council on the recommendation of the
Commissioner in Council of the Yukon Territory; and
|
|
|
|
(2) Subsection 18(2) reads as follows:
|
|
|
|
(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 the Yukon Territory 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.
|
|
|
|
Clause 216: Subsection 19(2) reads as follows:
|
|
|
|
(2) One of the advisory councils established under subsection (1)
shall be the Yukon Territory Advisory Council with members
representative of areas and interests, including native interests, in the
Yukon Territory.
|
|
|
|
Clause 217: (1) Subsections 37(1) and (2) read as
follows:
|
|
|
|
37. (1) Where the right to the beneficial use or the proceeds of lands
in the Yukon Territory vested in Her Majesty in right of Canada is
appropriated to the Commissioner of that Territory and the Governor in
Council is of the opinion that those lands 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, after consultation with the Commissioner in Council, by
order, transfer the administration of those lands to the Minister.
|
|
|
|
(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 lands in the Yukon Territory vested in Her Majesty in right of Canada
that are required to permit construction of the pipeline.
|
|
|
|
(2) Subsection 37(4) reads as follows:
|
|
|
|
(4) Within two years after leave to open the last section or part of the
pipeline has been given by the Board or such further period, not
exceeding six months, as 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 the Yukon Territory vested in Her
Majesty in right of Canada required for the maintenance and operation
of the pipeline.
|
|
|
|
Clause 218: The relevant portion of item 20 of
Schedule III reads as follows:
|
|
|
|
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 the Yukon Territory 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 the Yukon Territory, Foothills Pipe Lines
(South Yukon) Ltd. shall make a financial contribution in respect of
providing gas
|
|
|
|
|
|
|
|
Clause 219: The definition ``Territories'' in section 2
reads as follows:
|
|
|
|
``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 the Yukon Territory.
|
|
|
|
Clause 220: Section 34 reads as follows:
|
|
|
|
34. A judge, other than a deputy judge, of the Supreme Court of the
Yukon Territory or of the Nunavut Court of Justice is ex officio a judge
of the Supreme Court of the Northwest Territories.
|
|
|
|
|
|
|
|
Clause 221: Subsection 10(2) reads as follows:
|
|
|
|
(2) No interest in settlement land as defined in section 2 of the Yukon
Surface Rights Board Act may be expropriated under subsection (1)
without the approval of the Governor in Council.
|
|
|
|
|
|
|
|
Clause 222: Section 32 reads as follows:
|
|
|
|
32. A judge, other than a deputy judge, of the Supreme Court of the
Yukon Territory and of the Supreme Court of the Northwest Territories
is ex officio a judge of the Nunavut Court of Justice.
|
|
|
|
|
|
|
|
Clause 223: The definition ``federal laws'' in section
2 reads as follows:
|
|
|
|
``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
the Yukon Act or laws of the Legislature for Nunavut;
|
|
|
|
|
|
|
|
|
|
|
|
Clause 224: The relevant portion of the definition
``federal institution'' in subsection 3(1) reads as follows:
|
|
|
|
``federal institution'' includes any of the following institutions of the
Parliament or government of Canada:
|
|
|
|
|
|
|
|
|
|
|
|
(i) any institution of the Council or government of the Northwest
Territories or the Yukon Territory or of the Legislative Assembly
or government of Nunavut, or
|
|
|
|
Clause 225: The relevant portion of subsection 7(3)
reads as follows:
|
|
|
|
(3) Subsection (1) does not apply to
|
|
|
|
(a) an ordinance of the Northwest Territories or the Yukon Territory
or a law made by the Legislature for Nunavut, or any instrument
made thereunder, or
|
|
|
|
|
|
|
|
by reason only that the ordinance, by-law, law or other instrument is of
a public and general nature.
|
|
|
|
|
|
|
|
Clause 226: The relevant portion of subsection 4(4)
reads as follows:
|
|
|
|
(4) In this Act, ``included employment'' means employment, other
than excepted employment, on or in connection with the operation of
any work, undertaking or business that is within the legislative authority
of the Parliament of Canada, including, without restricting the
generality of the foregoing,
|
|
|
|
|
|
|
|
(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 the Yukon
Territory, the Northwest Territories or Nunavut.
|
|
|
|
|
|
|
|
Clause 229: Section 32 reads as follows:
|
|
|
|
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
Yukon Territory or the Northwest Territories or a member of the
Legislative Assembly of Nunavut.
|
|
|
|
Clause 230: Subsection 33(5) reads as follows:
|
|
|
|
(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
Yukon Territory or the Northwest Territories or of the Legislative
Assembly of Nunavut thereupon ceases to be an employee.
|
|
|
|
|
|
|
|
Clause 231: Subsection 13(3) reads as follows:
|
|
|
|
(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 Yukon Territory or the Northwest Territories or the
Legislature for Nunavut with powers and duties similar to those of the
Board.
|
|
|
|
|
|
|
|
Clause 233: Subsections 7(4) and (5) read as follows:
|
|
|
|
(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 Surface Rights
Board Act or on Tetlit Gwich'in Yukon land may be heard and
determined only by the Yukon Surface Rights Board under and in
accordance with that Act.
|
|
|
|
(5) If the Yukon first nation concerned does not consent thereto, no
interest in settlement land as defined in section 2 of the Yukon Surface
Rights Board Act may be taken possession of under this section without
the consent of the Governor in Council.
|
|
|
|
|
|
|
|
Clause 234: The relevant portion of the definition
``superior court'' in subsection 4(1) reads as follows:
|
|
|
|
``superior court'' means
|
|
|
|
|
|
|
|
(e) in the Yukon Territory and the Northwest Territories, the
Supreme Court of the territory, and in Nunavut, the Nunavut
Court of Justice;
|
|
|
|
|
|
|
|
Clause 235: Section 24 reads as follows:
|
|
|
|
24. Where it appears to the Commissioner
|
|
|
|
(a) that any personal property that has, in the Yukon Territory, 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 thereof or the person entitled thereto, or
|
|
|
|
(b) that a reasonable attempt has been made to find the owner of or
person entitled to any personal property that has, in the Yukon
Territory, 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,
|
|
|
|
the Commissioner may make such disposition of the property as the
Commissioner in the circumstances deems fit, but the proceeds, if any,
from the sale or other disposition of the property, and any such property
consisting of money, shall be paid into the Consolidated Revenue Fund.
|
|
|
|
|
|
|
|
Clause 236: The relevant portion of the definition
``statutory instrument'' in subsection 2(1) reads as
follows:
|
|
|
|
``statutory instrument''
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(iv) an ordinance of the Yukon Territory or the Northwest
Territories, a law made by the Legislature for Nunavut, a rule
made 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.
|
|
|
|
|
|
|
|
Clause 237: Subsection 2(2) reads as follows:
|
|
|
|
(2) For the purposes of this Act, the expression ``highest court of
final resort in a province'' includes, in the Yukon Territory, the
Northwest Territories or Nunavut, the Court of Appeal thereof.
|
|
|
|
|
|
|
|
Clause 238: The long title reads as follows:
|
|
|
|
An Act respecting Crown lands in the Yukon Territory, the Northwest
Territories and Nunavut
|
|
|
|
Clause 239: (1) and (2) The definitions ``territorial
lands'' and ``timber'' in section 2 read as follows:
|
|
|
|
``territorial lands'' means lands, or any interest in lands, in the Yukon
Territory, the Northwest Territories or Nunavut that are vested in the
Crown or of which the Government of Canada has power to dispose;
|
|
|
|
``timber'' means trees standing or fallen, logs and bolts, cants, boards
and lumber, and any other sawn or shaped product of trees.
|
|
|
|
Clause 240: Subsections 3(2) to (4) read as follows:
|
|
|
|
(2) Sections 9 and 12 to 16 and paragraph 23(k) apply to territorial
lands the right to the beneficial use or to the proceeds of which is
appropriated to the Commissioner of the Yukon Territory by section 47
of the Yukon Act, to the Commissioner of the Northwest Territories by
section 44 of the Northwest Territories Act or to the Commissioner of
Nunavut by section 49 of the Nunavut Act.
|
|
|
|
(3) Nothing in this Act shall be construed as limiting the operation
of the Yukon Quartz Mining Act, the Yukon Placer Mining Act, the
Dominion Water Power Act or the Canada National Parks Act.
|
|
|
|
(4) Sections 17 and 18, paragraph 23(e) so far as it relates to forest
experimental areas and national forests, paragraph 23(g) so far as it
relates to timber districts and subsection 30(2) do not apply in respect
of lands in the Northwest Territories and Nunavut.
|
|
|
|
Clause 241: Section 4 reads as follows:
|
|
|
|
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 Yukon
Territory, the Northwest Territories or Nunavut, set apart and
appropriate any territorial lands in that area as a land management zone.
|
|
|
|
Clause 242: Section 6 reads as follows:
|
|
|
|
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
Yukon Territory, 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 the Council
or Executive Council in question with whom consultation can then be
effected.
|
|
|
|
Clause 243: (1) Subsection 9(1) reads as follows:
|
|
|
|
9. (1) In this section, the expressions ``registrar'' and ``certificate of
title'' have the meanings assigned by the Land Titles Act or by any
ordinance that replaces that Act in the Yukon Territory or the Northwest
Territories, as the case may be.
|
|
|
|
(2) The relevant portion of subsection 9(3) reads as
follows:
|
|
|
|
(3) A notification pursuant to subsection (2) shall be signed and
issued,
|
|
|
|
|
|
|
|
(b) in the case of territorial lands described in subsection 3(2), by the
Commissioner of the Yukon Territory if the lands are in the Yukon
Territory, 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.
|
|
|
|
Clause 244: The relevant portion of section 13 reads
as follows:
|
|
|
|
13. Unless otherwise ordered by the Governor in Council, a strip of
land one hundred feet in width, measured from ordinary high water
mark or from the boundary line, as the case may be, shall be deemed to
be reserved to the Crown out of every grant of territorial lands where the
land extends
|
|
|
|
|
|
|
|
(c) to the boundary line between the Yukon Territory and Alaska, or
between the Yukon Territory and the Northwest Territories, or
between the Northwest Territories and Nunavut or between the
Yukon Territory, the Northwest Territories or Nunavut and the
Province of Manitoba, Saskatchewan, Alberta or British Columbia.
|
|
|
|
Clause 245: The heading before section 17 and
sections 17 and 18 read as follows:
|
|
|
|
|
|
|
|
17. No person shall cut timber on territorial lands unless that person
is the holder of a permit.
|
|
|
|
18. (1) The Governor in Council may make regulations
|
|
|
|
(a) respecting the issue of permits to cut timber and prescribing the
terms and conditions thereof, including the payment of ground rent,
and exempting any person or class of persons from the provisions of
section 17;
|
|
|
|
(b) providing for the suspension or cancellation of permits for
contravention of any of the terms or conditions thereof or for
contravention of any provision of this Act or the regulations;
|
|
|
|
(c) prescribing fees for the issue of permits and prescribing the dues
to be paid in respect of timber cut pursuant to a permit;
|
|
|
|
(d) providing for the making of returns by holders of permits;
|
|
|
|
(e) providing for the recovery of dues, including the taking of
security therefor, and the seizure, forfeiture and sale of timber; and
|
|
|
|
(f) providing for the seizure, forfeiture and sale of timber unlawfully
cut on territorial lands.
|
|
|
|
(2) For the purposes of subsection (1), ``dues'' means all ground
rents, royalties, duties, fees, rates, charges or other moneys payable by
any person to the Crown under and by virtue of a lease, licence or
permit.
|
|
|
|
Clause 246: (1) and (2) The relevant portion of section
23 reads as follows:
|
|
|
|
23. The Governor in Council may
|
|
|
|
|
|
|
|
(e) set apart and appropriate territorial lands for use as forest
experimental areas, national forests, game preserves, game
sanctuaries, bird sanctuaries, public shooting grounds, public resorts
or for any other similar public purpose;
|
|
|
|
|
|
|
|
(g) divide territorial lands into mining districts, land districts and
timber districts;
|
|
|
|
Clause 247: Subsection 30(2) reads as follows:
|
|
|
|
(2) Every person who unlawfully cuts timber on territorial lands, in
addition to any other punishment, is liable to a fine not exceeding five
dollars in respect of each tree unlawfully cut.
|
|
|
|
|
|
|
|
Clause 248: The relevant portion of the definition
``court'' in section 2 reads as follows:
|
|
|
|
``court'' means
|
|
|
|
|
|
|
|
(f) in the Yukon Territory and the Northwest Territories, the
Supreme Court of the territory, and in Nunavut, the Nunavut
Court of Justice;
|
|
|
|
|
|
|
|
Clause 249: The first paragraph of the preamble reads
as follows:
|
|
|
|
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 Territory in and to
which the Inuvialuit have claimed an interest based on traditional use
and occupancy;
|
|
|
|
Clause 250: The definition ``Territory'' in section 2
reads as follows:
|
|
|
|
``Territory'' means the Northwest Territories, Yukon Territory and
adjacent offshore areas, not forming part of the Northwest Territories
or Yukon Territory, within the sovereignty or jurisdiction of Canada.
|
|
|
|
|
|
|
|
Clause 251: The relevant portion of the definition
``court'' in subsection 2(1) reads as follows:
|
|
|
|
``court'' means
|
|
|
|
|
|
|
|
(d) in the Yukon Territory and the Northwest Territories, the
Supreme Court of the territory, and in Nunavut, the Nunavut
Court of Justice;
|
|
|
|
|
|
|
|
Clause 252: The definition ``offence'' in subsection
2(1) reads as follows:
|
|
|
|
``offence'' means an offence created by an Act of Parliament or by any
regulation, rule, order, by-law or ordinance made thereunder, other
than an ordinance of the Yukon Territory or the Northwest Territories
or a law of the Legislature for Nunavut;
|
|
|
|
|
|
|
|
Clause 253: The long title reads as follows:
|
|
|
|
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 the Yukon Territory and certain
first nations in the Yukon Territory, 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 Acts
|
|
|
|
Clause 254: The third paragraph of the preamble reads
as follows:
|
|
|
|
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 the Yukon Territory by certain people
outside the Yukon Territory;
|
|
|
|
Clause 255: Subsection 11(4) reads as follows:
|
|
|
|
(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
the Yukon Territory, and when so filed may be enforced as an order of
that Court.
|
|
|
|
Clause 256: The relevant portion of section 15 reads
as follows:
|
|
|
|
15. The Minister of Indian Affairs and Northern Development shall
cause a certified copy of each final agreement and transboundary
agreement that is given effect by or under this Act, and of any
amendments made to such an agreement, to be deposited in
|
|
|
|
|
|
|
|
(c) such regional offices of the Government of Canada situated in the
Yukon Territory as the Minister considers advisable; and
|
|
|
|
Clause 257: (1) Subsections 20(1) and (2) read as
follows:
|
|
|
|
20. (1) Subsection 19(1) of the Yukon Act is replaced by the
following:
|
|
|
|
19. (1) Notwithstanding section 18, the Commissioner in Council
may make ordinances for the government of the Territory, in relation to
the preservation of game in the Territory, that are applicable to and in
respect of Indians and Inuit.
|
|
|
|
(2) Subsection 19(3) of the Act is repealed.
|
|
|
|
(2) Subsection 20(4) reads as follows:
|
|
|
|
(4) Subsection 19(4) of the Act, as enacted by subsection (3), is
repealed.
|
|
|
|
Clause 258: Subsection 21(2) reads as follows:
|
|
|
|
(2) Subsections 20(1), (2) and (4) come into force on the first day
on which the final agreements of all first nations have been given
effect.
|
|
|
|
|
|
|
|
Clause 259: The long title reads as follows:
|
|
|
|
An Act respecting self-government for first nations in the Yukon
Territory
|
|
|
|
Clause 260: (1) The first paragraph of the preamble
reads as follows:
|
|
|
|
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 the Yukon
Territory;
|
|
|
|
(2) The third paragraph of the preamble reads as
follows:
|
|
|
|
WHEREAS those final agreements provide that Her Majesty and the
Government of the Yukon Territory 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 reads as
follows:
|
|
|
|
WHEREAS other first nations of the Yukon Territory may conclude
self-government agreements;
|
|
|
|
Clause 261: The definition ``Yukon Government'' in
section 2 reads as follows:
|
|
|
|
``Yukon Government'' means the Commissioner of the Yukon Territory
acting by and with the advice and consent of the Executive Council
of that Territory.
|
|
|
|
Clause 262: The relevant portion of subsection 11(1)
reads as follows:
|
|
|
|
11. (1) A first nation named in Schedule II has, to the extent provided
by its self-government agreement,
|
|
|
|
|
|
|
|
(b) the power to enact laws applicable in the Yukon Territory in
relation to the matters enumerated in Part II of Schedule III; and
|
|
|
|
Clause 263: Subsection 12(2) reads as follows:
|
|
|
|
(2) Where a first nation's self-government agreement so provides,
the Yukon Government or a municipal corporation in the Yukon
Territory 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.
|
|
|
|
Clause 264: The relevant portion of section 14 reads
as follows:
|
|
|
|
14. Until an agreement respecting the administration of justice is in
effect between a first nation named in Schedule II, Her Majesty and the
Yukon Government, or until the expiration of any interim period
provided by the first nation's self-government agreement for the
purpose of reaching such an agreement, whichever occurs earlier,
|
|
|
|
(a) the courts of the Yukon Territory 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;
|
|
|
|
Clause 265: Subsection 15(1) reads as follows:
|
|
|
|
5. (1) For greater certainty and subject to section 14, the Supreme
Court of the Yukon Territory 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.
|
|
|
|
Clause 266: Subsection 17(3) reads as follows:
|
|
|
|
(3) Except as provided by the first nation's final agreement in
relation to the application of section 87 of the Indian Act, the provisions
of that Act, except sections 74 to 80, apply to a first nation named in
Schedule II and to its citizens
|
|
|
|
(a) in respect of any reserve, within the meaning of that Act, of a
predecessor band of the first nation situated outside the Yukon
Territory, and
|
|
|
|
(b) in respect of any rights, titles, interests, obligations, assets and
liabilities of the predecessor band outside the Yukon Territory,
|
|
|
|
as if the first nation were a band and as if citizens of the first nation
registered or entitled to be registered as Indians were members of that
band, within the meaning of that Act.
|
|
|
|
Clause 267: The relevant portion of section 25 reads
as follows:
|
|
|
|
25. The Minister shall cause a copy of each self-government
agreement that is brought into effect and of any amendment made to
such an agreement, certified by the Minister to be a true copy, to be
deposited in
|
|
|
|
|
|
|
|
(c) such regional offices of the Government of Canada situated in the
Yukon Territory as the Minister considers advisable;
|
|
|
|
Clause 268: Item 5 of Part II of Schedule III reads as
follows:
|
|
|
|
5. Provision of training programs for citizens of the first nation, subject
to applicable certification requirements of Canada or the Yukon
Territory
|
|
|
|
Clause 269: Item 3 of Part IV of Schedule III reads as
follows:
|
|
|
|
3. The implementation of any taxation agreement entered into by the
first nation and the Yukon Government
|
|
|
|
|
|
|
|
Clause 270: Section 65 reads as follows:
|
|
|
|
65. In the case of a dispute respecting access to non-settlement land
between
|
|
|
|
(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
|
|
|
|
(i) any provision of an ordinance of the Yukon Territory identified
in regulations made pursuant to paragraph 78(f.1), or
|
|
|
|
(ii) section 17 of the Yukon Placer Mining Act or section 12, as
restricted by section 14, of the Yukon Quartz Mining Act,
|
|
|
|
the Board shall, on application by either of those persons, make an order
interpreting that provision or that section in relation to the right of access
for purposes of the dispute.
|
|
|
|
Clause 271: The relevant portion of section 78 reads
as follows:
|
|
|
|
78. The Governor in Council may make regulations
|
|
|
|
|
|
|
|
(f) respecting the exercise of additional powers or the performance
of additional duties or functions by the Board in relation to a mineral
right granted in the Yukon Territory under the Territorial Lands Act;
|
|
|
|
(f.1) identifying, for the purposes of section 65, any provision of an
ordinance of the Yukon Territory that confers a right of access for
purposes of the exercise of a mineral right relating to oil and gas;
|
|