Bill C-8
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46-47 ELIZABETH II |
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CHAPTER 5 |
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An Act respecting an accord between the
Governments of Canada and the Yukon
Territory relating to the administration
and control of and legislative jurisdiction
in respect of oil and gas
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[Assented to 12th May, 1998]
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| Preamble
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WHEREAS the Government of Canada and
the Government of the Yukon Territory, on
May 28, 1993, entered into the Canada-Yukon
Oil and Gas Accord, by which the
Government of Canada undertook to
recommend to Parliament the enactment of
legislation for the purposes of the Accord;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as fol
lows:
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the
Canada-Yukon Oil and Gas Accord
Implementation Act.
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| R.S., c. Y-2
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AMENDMENTS TO YUKON ACT |
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2. (1) The definition ``Territory'' in
section 2 of the Yukon Act is replaced by the
following:
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| ``Territory'' « territoire »
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``Territory'' means the Yukon Territory,
comprising the area described in Schedule
1.
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(2) Section 2 of the Act is amended by
adding the following in alphabetical order:
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| ``adjoining
area'' « zone adjacente »
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``adjoining area'' means the area outside the
Territory and landward of the northern limit
described in Schedule 2;
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| ``gas'' « gaz »
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``gas'' means natural gas and all substances
produced in association with natural gas,
but does not include oil or coal-bed
methane;
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| ``oil'' « pétrole »
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``oil'' means
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| ``oil and gas
interest'' « droit pétrolier ou gazier »
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``oil and gas interest'' means a right conferred
for the purposes of exploration for, or
production of, oil or gas or both;
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| ``territorial oil
and gas
minister'' « ministre territorial responsable des ressources pétrolières et gazières »
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``territorial oil and gas minister'' means the
member of the Executive Council of the
Territory designated by the Commissioner
as the member having primary
responsibility for oil and gas;
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| ``Yukon oil
and gas laws'' « ordonnance pétrolière ou gazière »
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``Yukon oil and gas laws'' means ordinances
made in respect of oil or gas pursuant to
section 17 or 17.1.
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3. Section 17 of the Act is renumbered as
subsection 17(1) and is amended by adding
the following:
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| Oil and gas in
adjoining area
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(2) Any powers of the Commissioner in
Council under subsection (1) in respect of oil
and gas extend to the adjoining area.
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4. The Act is amended by adding the
following after section 17:
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| Ordinances
relating to oil
and gas
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17.1 (1) The Commissioner in Council may,
subject to this Act and any other Act of
Parliament, make ordinances in relation to
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| Export of oil
and gas
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(2) The Commissioner in Council may,
subject to this Act and any other Act of
Parliament, make ordinances in relation to the
export, from the Territory or the adjoining
area to another part of Canada, of the primary
production from oil or gas in the Territory or
the adjoining area, but such ordinances may
not authorize or provide for discrimination in
prices or in supplies exported to another part
of Canada.
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| Taxation of
oil and gas
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(3) The Commissioner in Council may,
subject to this Act and any other Act of
Parliament, make ordinances in relation to the
raising of money by any mode or system of
taxation in respect of oil or gas in the Territory
or the adjoining area and the primary
production therefrom, whether or not such
production is exported in whole or in part from
the Territory or that area, but such ordinances
may not authorize or provide for taxation that
differentiates between production exported to
another part of Canada and production not
exported from the Territory or that area.
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| Meaning of
primary
production
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(4) For the purposes of this section,
production of oil or gas is primary production
if
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| Existing
powers or
rights
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(5) Nothing in subsections (1) to (4)
derogates from any powers or rights that the
Commissioner in Council has under any other
provision of this Act.
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5. Section 18 of the Act is replaced by the
following:
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| Restrictions
on powers
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18. Nothing in section 17 or 17.1 shall be
construed as giving the Commissioner in
Council greater powers with respect to any
class of subjects described in those sections
than are given to legislatures of the provinces
under sections 92, 92A and 95 of the
Constitution Act, 1867 with respect to similar
classes of subjects described in those sections.
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6. The Act is amended by adding the
following after section 22:
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Restriction of Oil and Gas Interests in Certain Areas |
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| Prohibition
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22.1 (1) No oil and gas interest may be
granted pursuant to Yukon oil and gas laws,
and no activities may be authorized pursuant
to Yukon oil and gas laws, in or on any public
lands or lands in the adjoining area that are
designated under subsection (2), other than
excepted interests or activities of a class
specified under that subsection.
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| Lands that
may be
designated
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(2) Not earlier than 60 days and not later
than 120 days after the publication of a notice
under subsection (3), the Governor in Council,
on the recommendation of the Minister and
any other federal minister who has the
administration of the lands, may designate
public lands or lands in the adjoining area and
specify classes of excepted interests in or
activities on those lands where, in the opinion
of those ministers, the existence of oil and gas
interests or the conduct of activities pursuant
to Yukon oil and gas laws, other than interests
or activities so excepted, would be
incompatible with or would interfere with
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| Publication of
notice
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(3) Notice of a proposed designation,
including a description of the lands to be
designated and any classes of excepted
interests or activities, shall be published in the
Canada Gazette.
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| Notification
of territorial
minister
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(4) The Minister shall give notice to the
territorial oil and gas minister of a proposed
designation before the publication of the
notice under subsection (3).
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| Considera- tion of views
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(5) Before ministers recommend the
designation of lands to the Governor in
Council, they shall consider any views of the
territorial oil and gas minister and of members
of the public with respect to the proposed
designation received during the period of 60
days following the publication of the notice
under subsection (3).
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| Where
designation
modified
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(6) Where the requirements of subsections
(3) and (4) have been satisfied, no further
notice is required for a designation that varies
from the proposed designation only in that
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| Interim
prohibition
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(7) No oil and gas interest may be granted
pursuant to Yukon oil and gas laws, and no
activities may be authorized pursuant to
Yukon oil and gas laws, in or on lands
described in a notice of a proposed
designation, other than interests or activities
of such excepted classes as may be specified
in the notice, for a period of 120 days
following the publication of the notice under
subsection (3) or until the publication, during
that period, of a notice in the Canada Gazette
of the Minister's intention not to recommend
the proposed designation.
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| Publication of
notice of
designation
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(8) When lands are designated by the
Governor in Council, a notice of the
designation containing a description of the
designated lands and of any classes of
excepted interests or activities shall be
published in the Canada Gazette.
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Consistent Exercise of Powers |
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| Exercise of
federal
powers
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22.2 The Government of Canada, including
its agencies, shall exercise any powers in
respect of the management of public lands and
lands in the adjoining area in a manner
consistent with the powers of the Government
of the Territory, including its agencies, in
respect of oil and gas to the extent that the
objectives of the Government of Canada in so
exercising its powers are not compromised.
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7. Subsection 47(1) of the Act is amended
by striking out the word ``and'' at the end of
paragraph (c), by adding the word ``and'' at
the end of paragraph (d) and by adding the
following after paragraph (d):
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| 1993, c. 41,
s. 18
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8. Section 47.1 of the Act is replaced by
the following:
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| Transfer to
Commissioner
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47.1 The Governor in Council may transfer
to the Commissioner, either in perpetuity or
for any lesser term, the administration and
control of the entire or any lesser interest in
any public lands, or the administration and
control of any oil and gas in the adjoining area.
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| Settlement of
land claims
affecting oil
and gas
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47.2 (1) For purposes of the settlement of an
aboriginal land claim or the implementation
of such a settlement, the Governor in Council
may, on the recommendation of the Minister,
take from the Commissioner the
administration and control of any oil and gas
in public lands, or in lands in the adjoining
area.
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| Notification
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(2) At least 60 days before the Governor in
Council takes the administration and control
of oil and gas, the Minister shall notify the
territorial oil and gas minister of the proposed
taking.
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| Consideration
of views
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(3) Before recommending the taking of the
administration and control of oil and gas, the
Minister shall consider any views with respect
to the proposed taking received from the
territorial oil and gas minister during the
period of 60 days following the notification
under subsection (2).
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| Modification
after notice
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(4) Where the Minister has notified the
territorial oil and gas minister of a proposed
taking, no further notification is required if
administration and control are taken of only a
portion of the oil and gas.
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9. The heading of the schedule to the Act
is replaced by the following:
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SCHEDULE 1
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DESCRIPTION OF YUKON TERRITORY |
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10. The Act is amended by adding the
following after Schedule 1:
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SCHEDULE 2
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NORTHERN LIMIT OF ADJOINING AREA |
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All topographic features hereinafter referred
to being according to the Gazetteer of Canada
(Yukon Territory), Fifth Edition, Ottawa,
1988, and Canadian Hydrographic Service
Charts 7661 (Demarcation Bay to Phillips
Bay, 21st edition) and 7662 (Mackenzie Bay,
33rd edition), produced at a scale of 1:150,000
by the Department of Fisheries and Oceans at
Ottawa.
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A line following the ordinary low water mark
of the northern coast of the mainland of the
Yukon Territory, except
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