Bill C-39
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| Indemnifi- cation by Canada for exercise of power
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(2) The Government of Canada shall
indemnify the Yukon Government, or any
of its employees or agents, against all costs,
charges or expenses, including an amount
paid to settle an action or satisfy a
judgement, that are reasonably incurred by
the Yukon Government, or any of its
employees or agents, in respect of any
claim, action or other proceeding brought
against the Yukon Government, or any of its
employees or agents, arising out of the
exercise of a power under sections 49 to 51
or 55.
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| Indemnifi- cation of first nations
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(3) The Government of Canada shall
indemnify a first nation, or any of its
employees or agents, against all costs,
charges or expenses, including an amount
paid to settle an action or satisfy a
judgement, that are reasonably incurred by
that first nation, or any of its employees or
agents, in respect of any claim, action or
other proceeding brought against the first
nation, or any of its employees or agents,
arising out of any act or omission of the
Government of Canada, or any of its
employees or agents, in respect of
remediation work done on the first nation's
land as required by the Agreement.
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| Limitation on
indemnificatio
n
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66. The Government of Canada, the
Yukon Government or a first nation is not
entitled to be indemnified under section 64
or 65 if it has settled the claim, action or
proceeding without the written consent of
the government that is required to
indemnify it under that section.
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| Information
privileged
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67. (1) The communication pursuant to
the Agreement by the Government of
Canada to the Yukon Government of
information, however recorded, that is
subject to solicitor-client privilege does not
constitute a waiver of the privilege.
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| Disclosure
with consent
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(2) No employee or agent of the Yukon
Government shall, except with the written
permission of the Minister, knowingly
communicate, disclose or make available
any information referred to in subsection
(1), or permit it to be communicated,
disclosed or made available, to a person
who is not an employee or agent of the
Yukon Government.
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AMENDMENTS TO THIS ACT |
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68. Subsection 4(3) of this Act is repealed
on the day that is 10 years after the day on
which that subsection comes into force.
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69. (1) Subsection 22(1) of this Act is
renumbered as section 22 and subsections
22(2) and (3) are repealed on the first day on
which the final agreements of all first
nations, within the meaning of the Yukon
First Nations Land Claims Settlement Act,
chapter 34 of the Statutes of Canada, 1994,
are in effect.
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(2) The Minister shall publish a notice of
that day in the Canada Gazette.
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70. Paragraph 33(b) of this Act is
replaced by the following:
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71. This Act is amended by adding the
following after section 33:
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Auditor General of Yukon |
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| Appointment
of Auditor
General
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33.1 (1) The Commissioner, with the
consent of the Executive Council, shall
appoint a qualified auditor as the Auditor
General of Yukon.
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| Terms of
appointment
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(2) The Auditor General of Yukon shall hold
office during good behaviour for a term of 10
years, but may be removed by the
Commissioner on address of the Legislative
Assembly.
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| Appointment
of Auditor
General of
Canada
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(3) The Auditor General of Canada may act
as Auditor General of Yukon if the Auditor
General of Canada is of the opinion that it will
not interfere with his or her primary
responsibilities. Sections 33.2, 37.2 and 37.4
do not apply if the Auditor General of Canada
acts as Auditor General of Yukon.
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| Pension
benefits
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33.2 The provisions of the Public Service
Superannuation Act, other than those relating
to tenure of office, apply to the Auditor
General of Yukon.
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| Duties
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33.3 The Auditor General of Yukon shall
make such examinations and inquiries as the
Auditor General considers necessary to enable
him or her to report as required by this Act.
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72. The portion of subsection 34(1) of this
Act before paragraph (a) is replaced by the
following:
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| Annual audit
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34. (1) The Auditor General of Yukon shall
audit the accounts, including those related to
the Yukon Consolidated Revenue Fund, and
financial transactions of the Yukon
Government in each fiscal year in accordance
with auditing standards recommended by the
Canadian Institute of Chartered Accountants
or its successor and shall express his or her
opinion as to whether
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73. The portion of section 35 of this Act
before paragraph (a) is replaced by the
following:
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| Supplement- ary report
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35. The Auditor General of Yukon may, at
any time, inquire into and submit a
supplementary report to the Legislative
Assembly about any matter relating to the
activities of the Yukon Government, including
whether
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74. The portion of section 36 of this Act
before paragraph (a) is replaced by the
following:
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| Inquiry and
report
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36. At the request of the Commissioner,
made with the consent of the Executive
Council, the Auditor General of Yukon may, if
in his or her opinion it does not interfere with
the Auditor General's primary
responsibilities, inquire into and report to the
Legislative Assembly on
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75. Section 37 of this Act is replaced by
the following:
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| Access to
information
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37. (1) Except as provided by any law made
by the Legislature that expressly refers to this
subsection, the Auditor General of Yukon is
entitled to free access at all convenient times
to information that relates to the fulfilment of
his or her responsibilities and is entitled to
require and receive from members of the
public service of Yukon any information,
reports and explanations that he or she
considers necessary for that purpose.
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| Stationing of
officers in
departments
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(2) In order to carry out his or her duties
more effectively, the Auditor General may
station any person employed in his or her
office in any portion of the public service of
Yukon, and the Yukon Government shall
provide the necessary office accommodation
for that person.
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| Oath of
secrecy
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(3) The Auditor General shall require every
person employed in his or her office who is to
examine, pursuant to this Act, the accounts of
a portion of the public service of Yukon or of
a corporation that is expressly declared under
any law of the Legislature to be an agent of the
Yukon Government to comply with any
security requirements applicable to, and to
take any oath of secrecy required to be taken
by, persons employed in that public service or
that corporation.
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| Powers of
Auditor
General
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(4) The Auditor General may, for the
purpose of auditing the accounts of Yukon, in
the same manner and to the same extent as a
court of record, summon and enforce the
attendance of witnesses and compel them to
give oral and written evidence on oath and to
produce such documents and things as the
Auditor General considers necessary for a full
review.
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| Auditor
General may
request
information
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37.1 (1) The Auditor General of Yukon may
request a corporation that is expressly
declared under any law of the Legislature to be
an agent of the Yukon Government to obtain
and furnish such information and explanations
from its present or former directors, officers,
employees, agents and auditors or those of any
of its subsidiaries as are, in the Auditor
General's opinion, necessary to fulfil his or
her responsibilities.
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| Direction of
the
Commissioner
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(2) If, in the opinion of the Auditor General,
a corporation fails to provide any or sufficient
information or explanations in response to a
request made under subsection (1), the
Auditor General may so advise the
Commissioner. The Commissioner may then,
with the consent of the Executive Council,
direct the officers of the corporation to give
the Auditor General such information and
explanations and access to any records,
documents, books, accounts and vouchers of
the corporation or any of its subsidiaries as is,
in the opinion of the Auditor General,
necessary to fulfil his or her responsibilities.
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| Reliance on
audit reports
of
corporations
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(3) In order to fulfil his or her
responsibilities, the Auditor General may rely
on the report of a duly appointed auditor of a
corporation referred to in subsection (1) or of
any subsidiary of that corporation.
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| Appointment
of officers,
etc.
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37.2 (1) The Auditor General of Yukon shall
appoint, in accordance with the laws of the
Legislature governing employment in the
public service of Yukon, such officers and
employees as are necessary to enable him or
her to perform the Auditor General's duties.
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| Suspension or
dismissal
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(2) The Auditor General may, in accordance
with the laws referred to in subsection (1),
suspend or dismiss from the performance of
his or her duty any person employed in the
Auditor General's office.
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| Contract for
professional
services
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(3) The Auditor General may, within the
total dollar limitations established for his or
her office in appropriation laws, contract for
professional services.
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| Delegation
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(4) The Auditor General may delegate any
of his or her powers under this section to any
person or organization that under a law of the
Legislature is responsible for the management
of the public service of Yukon.
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| Designation
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37.3 The Auditor General of Yukon may
designate a member of his or her staff to sign
on the Auditor General's behalf any opinion
that he or she is required to give and any report
other than a report to the Legislative
Assembly, and any member so signing an
opinion or report shall indicate beneath his or
her signature his or her position in the office
of the Auditor General and the fact that he or
she is signing on behalf of the Auditor
General.
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| Special report
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37.4 The Auditor General of Yukon may
make a special report to the Legislative
Assembly if he or she is of the opinion that
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76. (1) Section 55 of this Act is repealed on
the day on which the National Energy
Board gives leave to open the last section or
part of the pipeline referred to in the
Northern Pipeline Act.
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(2) The Minister shall publish a notice of
that day in the Canada Gazette.
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AMENDMENTS TO OTHER ACTS |
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| R.S., c. A-1
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Access to Information Act |
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| 1994, c. 43,
s. 80
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77. Schedule I to the Access to
Information Act is amended by striking out
the following under the heading ``Other
Government Institutions'':
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Yukon Surface Rights Board
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78. Schedule I to the Act is amended by
striking out the following under the heading
``Other Government Institutions'':
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Yukon Territory Water Board
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| R.S., c. A-2
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Aeronautics Act |
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| 1999, c. 3,
s. 13
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79. Paragraph (e) of the definition
``superior court'' in subsection 3(1) of the
English version of the Aeronautics Act is
replaced by the following:
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| R.S., c. A-12
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Arctic Waters Pollution Prevention Act |
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| 1992, c. 40,
s. 49
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80. The definition ``analyst'' in section 2
of the Arctic Waters Pollution Prevention Act
is replaced by the following:
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| ``analyst'' « analyste »
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``analyst'' means a person designated as an
analyst pursuant to the Canada Water Act or
the Northwest Territories Waters Act;
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| 1991, c. 46
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Bank Act |
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| 1999, c. 3,
s. 14
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81. Paragraph (f) of the definition
``court'' in section 2 of the English version
of the Bank Act is replaced by the following:
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| 1993, c. 28,
s. 78 (Sch. III,
s. 5)
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82. The definition ``agency'' in subsection
427(5) of the English version of the Act is
replaced by the following:
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| ``agency'' « agence »
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``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 Yukon, the Northwest
Territories and Nunavut means the office of
the clerk of the court of each of those
territories respectively;
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