RECOMMENDATION

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''.

SUMMARY

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

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

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

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

EXPLANATORY NOTES

Aeronautics Act

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;

Arctic Waters Pollution Prevention Act

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;

Bank 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;

Bankruptcy and Insolvency Act

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.

Boards of Trade Act

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.

Canada Business Corporations Act

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;

Canada Corporations Act

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;

Canada Elections Act

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;

Canada Evidence Act

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.

Canada Labour Code

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;

Canada Lands Surveys Act

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.

Canada Marine Act

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

Canada-Newfoundland Atlantic Accord Implementation Act

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.

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Clause 110: The definition ``province'' in subsection 223(1) reads as follows:

``province'' does not include the Northwest Territories, the Yukon Territory or Nunavut.

Canada Pension Plan

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.

Canada Pension Plan Investment Board Act

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.

Canada Student Loans Act

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.

Canada Transportation Act

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,

Canada Water Act

Clause 115: The definition ``federal waters'' in subsection 2(1) reads as follows:

``federal waters'' means waters under the exclusive legislative jurisdiction of Parliament;

Canada-Yukon Oil and Gas Accord Implementation Act

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.

Canadian Centre for Occupational Health and Safety Act

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.

Canadian Environmental Assessment Act

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

Canadian Environmental Protection Act, 1999

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.

Canadian Human Rights Act

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.

Canadian Multiculturalism Act

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:

      . . .

    but does not include

      (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

Canadian Transportation Accident Investigation and Safety Board Act

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.

Citizenship Act

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.

Coasting Trade Act

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

Companies' Creditors Arrangement Act

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.

Cooperative Credit Associations Act

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;

Criminal Code

Clause 137: (1) The relevant portion of the definition ``Attorney General'' in section 2 reads as follows:

``Attorney General''

      . . .

      (b) with respect to

        (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.

Crown Liability and Proceedings Act

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;

Customs Act

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;

Department of Indian Affairs and Northern Development Act

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.

Department of Public Works and Government Services Act

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.

Divorce Act

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;

Dominion Water Power Act

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;

Employment Equity Act

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

Energy Administration Act

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.

Excise Tax Act

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.

Expropriation Act

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.

Extradition Act

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

Federal-Provincial Fiscal Arrangements Act

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.

Federal Real Property and Federal Immovables Act

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).

Financial Administration Act

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.

Fisheries Act

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

Government Employees Compensation Act

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.

Gwich'in Land Claim Settlement Act

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

Hazardous Materials Information Review Act

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.

Hibernia Development Project Act

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;

Historic Sites and Monuments 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.

Immigration Act

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.

Importation of Intoxicating Liquors Act

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.

Indian Act

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;

Industrial and Regional Development Act

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;

Insurance Companies Act

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;

Interpretation Act

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;

Judges Act

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;

Land Titles Repeal Act

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

    . . .

    (c) includes

      . . .

      (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.

Livestock Feed Assistance Act

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;

Mackenzie Valley Resource Management Act

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.

Motor Vehicle Fuel Consumption Standards Act

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

Mutual Legal Assistance in Criminal Matters Act

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;

National Energy Board Act

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.

Northern Pipeline Act

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

Northwest Territories Act

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.

Nuclear Energy Act

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.

Nunavut Act

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.

Oceans Act

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;

Official Languages Act

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:

      . . .

    but does not include

      (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.

Pension Benefits Standards Act, 1985

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.

Public Service Employment Act

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.

Public Service Staff Relations Act

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.

Radiocommunication Act

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.

Railway Safety Act

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;

Royal Canadian Mounted Police Act

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.

Statutory Instruments Act

Clause 236: The relevant portion of the definition ``statutory instrument'' in subsection 2(1) reads as follows:

``statutory instrument''

      . . .

    but

      (b) does not include

        . . .

        (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.

Supreme Court Act

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.

Territorial Lands Act

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:

TIMBER

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.

Trust and Loan Companies Act

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;

Western Arctic (Inuvialuit) Claims Settlement Act

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.

Winding-up and Restructuring Act

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;

Young Offenders Act

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;

Yukon First Nations Land Claims Settlement Act

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.

Yukon First Nations Self-Government Act

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

Yukon Surface Rights Board Act

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;