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Bill C-50

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SUMMARY

This enactment implements provisions of the Canada-Yukon Oil and Gas Accord. Under the Accord, the Government of Canada has agreed to transfer to the Yukon Government both administrative and legislative jurisdiction over oil and gas in the Territory and an adjoining area. The enactment amends the Yukon Act to confer power to make laws in relation to oil and gas analogous to the power of a province. The granting of oil and gas interests can be restricted on Crown lands required for federal government purposes and designated by the Governor in Council as such. The administration and control of oil and gas transferred to the Yukon Government could be taken back by the Government of Canada if necessary for the settlement of an aboriginal land claim.

Amendments are made to federal laws relating to oil and gas in consequence of the transfer of jurisdiction to Yukon authorities. Transitional provisions apply to the disposition of pending applications under federal laws and to the treatment of existing oil and gas interests under Yukon laws.

EXPLANATORY NOTES

Yukon Act

Clause 2: (1) The definition ``Territory'' in section 2 reads as follows:

``Territory'' means the Yukon Territory, which comprises the area de scribed in the schedule.

(2) New.

Clause 3: New.

Clause 4: New.

Clause 5: Section 18 reads as follows:

18. Nothing in section 17 shall be construed as giving the Commissioner in Council greater powers with respect to any class of subjects described therein than are given to legislatures of the provinces under sections 92 and 95 of the Constitution Act, 1867, with respect to similar subjects therein described.

Clause 6: New.

Clause 7: The relevant portion of subsection 47(1) reads as follows:

47. (1) The following properties are and remain vested in Her Majesty in right of Canada:

Clause 8: This amendment would add the underlined words to section 47.1 and would add a new section 47.2.

Clause 9: This amendment would re-designate the schedule as Schedule I and would add a new title.

Clause 10: New.

Canada Oil and Gas Operations Act

Clause 11: Section 3 reads as follows:

3. This Act applies in respect of the exploration and drilling for and the production, conservation, processing and transportation of oil and gas in

    (a) the Yukon Territory or the Northwest Territories or Sable Island; or

    (b) those submarine areas not within a province, adjacent to the coast of Canada and extending throughout the natural prolongation of the land territory of Canada to the outer edge of the continental margin or to a distance of two hundred nautical miles from the baselines from which the breadth of the territorial sea of Canada is measured, whichever is the greater.

Clause 12: Subsections 5.01(2) to (4) read as follows:

(2) Where a person occupies land in an area to which this Act applies under a lawful right or title, other than an authorization under paragraph 5(1)(b) or an interest as defined in the Canada Petroleum Resources Act, no person may enter on or use the surface of that land for a purpose mentioned in subsection (1) without the consent of the occupier or, where consent has been refused, except in accordance with the terms and conditions of

    (a) in the case of land within the Yukon Territory, a decision of the Yukon Surface Rights Board made in accordance with the Yukon Surface Rights Board Act; and

    (b) in any other case, a decision of an arbitrator made in accordance with the regulations.

(3) Subsections (1) and (2) do not apply in respect of settlement land as defined in section 2 of the Yukon Surface Rights Board Act or Tetlit Gwich'in Yukon land.

(4) In this section, ``Tetlit Gwich'in Yukon land'' means land as described in Annex B, as amended from time to time, to Appendix C of the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich'in, as represented by the Gwich'in Tribal Council, that was approved, given effect and declared valid by the Gwich'in Land Claim Settlement Act.

Canada Petroleum Resources Act

Clause 13: The definition ``frontier lands'' in section 2 reads as follows:

``frontier lands'' means lands that belong to Her Majesty in right of Can ada, or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources, and that are si tuated in

      (a) the Yukon Territory, the Northwest Territories or Sable Island, or

      (b) those submarine areas, not within a province, adjacent to the coast of Canada and extending throughout the natural prolonga tion of the land territory of Canada to the outer edge of the continental margin or to a distance of two hundred nautical miles from the baselines from which the breadth of the territorial sea of Canada is measured, whichever is the greater;

Clause 14: New.

Yukon Surface Rights Board Act

Clause 15: The relevant portion of section 40 reads as follows:

40. The Board may make rules

    . . .

    (c) respecting the allowance of costs, including rules

      . . .

      (ii) respecting the circumstances under which the Board may allow costs with respect to matters dealt with in the schedule of fees and other expenses on a basis other than that established by the schedule.

Clause 16: Section 65 reads as follows:

65. On application by

    (a) a person, other than Government, who has an interest or right in the surface of non-settlement land, or

    (b) a person, other than Government, who has a mineral right with a right of access under subsection 5.01(1) of the Canada Oil and Gas Operations Act, section 17 of the Yukon Placer Mining Act or section 12, as restricted by section 14, of the Yukon Quartz Mining Act on that non-settlement land,

the Board shall, in relation to a dispute between a person referred to in paragraph (a) and a person referred to in paragraph (b), make an order interpreting a provision referred to in paragraph (b) in relation to the right of access.

Clause 17: Subsection 75(1) reads as follows:

75. (1) Subject to subsection (2), the Board may, on application made by any person who was a party to the hearing held in respect of the order or any successor to such a party referred to in section 72, review any of its orders, including an order made under this section, where it appears that there has been a material change in the facts or circumstances relating to the order and shall

    (a) where it determines that there has been a material change in the facts or circumstances relating to the order that would justify the amendment applied for,

      (i) if the effects on the settlement land or on the Yukon first nation that owns the land that would be caused as a result of the amendment are significantly detrimental, revoke that order and make a new order accordingly, or

      (ii) in any other case, amend the order accordingly; or

    (b) in any other case, dismiss the application.

Clause 18: The relevant portion of section 78 reads as follows:

78. The Governor in Council may make regulations

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