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Bill C-39

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Court of Appeal of Yukon

Sittings

44. The Court of Appeal of Yukon may sit in Yukon and, unless the laws of the Legislature provide otherwise, in any other place in Canada.

REAL PROPERTY, WATER, OIL AND GAS

Administration and Control

Commissioner

45. (1) Subject to this Act and section 37 of the Northern Pipeline Act, the Commissioner has the administration and control of public real property and of oil and gas in the adjoining area and may, with the consent of the Executive Council, use, sell or otherwise dispose of that property, or any products of that property, that oil or gas, or any interest in that oil or gas, and retain the proceeds of the disposition.

Exception

(2) The Governor in Council shall, on the date of the coming into force of subsection (1), list public real property that is excluded from the administration and control of the Commissioner.

Public real property acquired on behalf of a federal minister

(3) If the entire or any lesser interest in land that is not public real property is acquired on behalf of a federal minister or federal agent corporation, the interest is not under the administration and control of the Commissioner.

Relinquishme nt

46. (1) The Commissioner may, with the consent of the Executive Council and with the approval of the Governor in Council, relinquish the administration and control of public real property or any interest in oil and gas in the adjoining area, either in perpetuity or for any lesser term.

Administra-
tion of relinquished interest

(2) The instrument indicating the Governor in Council's approval must identify the federal minister or federal agent corporation that will have the administration of the relinquished public real property or interest.

Transfer to Commissioner

47. The Governor in Council may, on acceptance by the Commissioner given with the consent of the Executive Council, transfer to the Commissioner, either in perpetuity or for any lesser term, the administration and control of public real property or any interest in oil and gas in the adjoining area.

Right to waters vested in Her Majesty

48. (1) The rights in respect of all waters in Yukon belong to Her Majesty in right of Canada.

Commissioner

(2) Subject to this Act, the Commissioner has the administration and control of all rights in respect of waters in Yukon - other than waters in a federal conservation area - and, with the consent of the Executive Council, may exercise those rights or sell or otherwise dispose of them and may retain the proceeds of the disposition.

Limitations

(3) Subsections (1) and (2) are subject to any rights granted by or under an Act of Parliament in respect of waters.

Dominion Water Power Act

(4) Subsection (2) does not apply to the right to the use and flow of waters for the production or generation of water-power to which the Dominion Water Power Act applies.

Restrictions

Taking of administra-
tion by Governor in Council

49. (1) The Governor in Council, on the recommendation of the Minister, may take from the Commissioner the administration and control of public real property and transfer the administration of the property to a federal minister or a federal agent corporation if the Governor in Council considers it necessary to do so for

    (a) the national interest, including

      (i) national defence or security,

      (ii) the establishment, or changes to the boundaries, of a national park, historic site or other area protected under an Act of Parliament, and

      (iii) the creation of the infrastructure required for initiatives in respect of transportation or energy;

    (b) the welfare of Indians and Inuit; or

    (c) the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement.

Taking of administration - adjoining area

(2) The Governor in Council, on the recommendation of the Minister, may take from the Commissioner the administration and control of any interest in oil and gas in the adjoining area for the purpose of the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement and transfer the administration of that interest to a federal minister or a federal agent corporation.

Consultation

(3) The Minister, before recommending the taking of the administration and control, other than for a purpose related to national defence or security, shall consult the member of the Executive Council responsible for the public real property, or in the case of the adjoining area, the oil and gas.

Prohibition order - public real property in Yukon

50. (1) The Governor in Council, on the recommendation of the Minister, may by order prohibit the issuance under this Act of interests in, or the authorization under this Act of the conduct of activities on, public real property specified in the order if the Governor in Council considers that the prohibition is required

    (a) before the administration and control of the property is taken under paragraph 49(1)(a) or (b); or

    (b) for the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement.

Prohibition order - lands in adjoining area

(2) The Governor in Council, on the recommendation of the Minister, may by order prohibit the issuance under this Act of interests in, or the authorization under this Act of the conduct of activities on, lands in the adjoining area specified in the order, if the Governor in Council considers that the existence of the interests or the conduct of the activities would be incompatible with or would interfere with

    (a) any use to which the Government of Canada intends the lands to be put, including, in particular, their use as a national park or an airport or their use for purposes of national defence or navigation;

    (b) the exercise, in relation to those lands, of any powers of the Government of Canada, including, in particular, powers respecting national security or the protection of the environment; or

    (c) the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement.

Prohibition order - waters in Yukon

51. The Governor in Council, on the recommendation of the Minister, may by order prohibit any use of waters in Yukon specified in the order, or the deposit of waste directly or indirectly into those waters, if the Governor in Council considers

    (a) that the use, or the deposit of waste, would be incompatible with or would interfere with a particular undertaking that is in the national interest; or

    (b) that the prohibition is required for the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement.

Procedure

52. (1) The Minister shall, before an order under section 50 is made, notify the member of the Executive Council who is responsible for the public real property or, in the case of the adjoining area, the oil or gas that is the subject of the order and shall, before an order under section 51 is made, notify the member of the Executive Council who is responsible for water resources.

Publication

(2) After notification is given and at least 60 days before an order is made, the Minister shall publish in the Canada Gazette and in a newspaper that, in the opinion of the Minister, has a large circulation in Yukon notice of the proposed order. The order may not be made more than 120 days after the notice is published in the Canada Gazette.

Interim prohibition

(3) The prohibition takes effect before an order is made under section 50 or 51 on publication of the notice of the proposed order in the Canada Gazette and continues for a period of 120 days unless, during that period, the Minister publishes in the Canada Gazette notice of the Minister's intention not to recommend the proposed order. The Minister shall also publish during that period the notice of the Minister's intention in a newspaper that, in the opinion of the Minister, has a large circulation in Yukon.

Considera-
tion of representa-
tions

(4) Before the Minister recommends that an order be made, the Minister shall consider any representations received within 60 days after the date of publication of the notice of the proposed order in the Canada Gazette.

If proposed order varied

(5) No further notice need be given under subsections (1) and (2) if the scope of application of the order is reduced to cover a smaller area or fewer activities than set out in the notice of the proposed order.

Duration of prohibition orders

53. A prohibition order made under section 50 or 51 may not be made for a period that exceeds five years.

EXERCISE OF FEDERAL POWERS

Adjoining area

54. The Government of Canada, including its agencies, shall exercise any powers in respect of the management of lands in the adjoining area in a manner consistent with the powers of the Yukon Government, including its agencies, in respect of oil and gas in that area to the extent that the objectives of the Government of Canada in so exercising its powers are not compromised.

Northern pipeline

55. (1) Despite the laws of the Legislature, the minister responsible for the Northern Pipeline Act may grant, with or without conditions, an application made to a person or entity required by a law of the Legislature to hold a public hearing on the matter if the application is

    (a) for rights or renewal of rights in respect of waters for the purpose of constructing the pipeline referred to in that Act; or

    (b) for permission to expropriate lands or any interest in lands for the purposes of that pipeline if the application is made by a person who holds or has applied for the water rights described in paragraph (a).

Application of subsection (1)

(2) Subsection (1) applies only if the public hearing does not begin within six months after the application is made or is not completed within 60 days after the hearing begins or a decision is not given within 45 days after the completion of the hearing.

Consultation required

(3) The minister may only grant the application after consultation with the person or entity required to hold the public hearing.

Effect of exercise of power

(4) A decision of the minister to grant an application under subsection (1) is deemed to have been made under the laws of the Legislature.

LEGISLATIVE AMENDMENT

Consultation re bills

56. (1) Before a bill that amends or repeals this Act is introduced in the House of Commons by a federal minister, the Minister shall consult with the Executive Council with respect to the proposed amendment or repeal.

Assembly may recommend amendments

(2) The Legislative Assembly may make any recommendations to the Minister that it considers appropriate with respect to the amendment or repeal of this Act.

TRANSITIONAL PROVISIONS

Commissioner

57. The Commissioner, within the meaning of the former Act, who is in office immediately before the coming into force of section 4 shall continue in office according to the terms of his or her appointment.

Duration of Council

58. Despite section 11, the members of the Council, within the meaning of the former Act, that are in office immediately before the coming into force of section 10 shall continue in office as members of the Legislative Assembly for the remainder of the period provided under subsection 9(3) of the former Act, but the Commissioner may dissolve the Legislative Assembly before then.

Existing rights and interests

59. (1) The laws of the Legislature apply with respect to a right or interest granted under an access order, permit, licence or other authorization, lease or agreement for lease or sale that exists immediately before the coming into force of any provision of this Act that repeals or renders inapplicable the provision of an Act of Parliament under which the right or interest arises.

Limitation - additional conditions

(2) A law of the Legislature may only provide, in respect of a right or interest described in subsection (1), for additional conditions in respect of the exercise of the right or interest if those conditions are applicable to all similar rights or interests.

Limitation - cancellation, etc.

(3) A law of the Legislature may only provide, in respect of a right or interest described in subsection (1), for the cancellation, suspension or limitation of the right or interest if

    (a) the circumstances for the cancellation, suspension or limitation of the right or interest are identical to those that would have applied before the coming into force of a provision described in subsection (1); or

    (b) the cancellation, suspension or limitation of the right or interest is for a failure to comply with a condition in respect of the exercise of the right or interest and the law applies to all similar rights or interests.

However, paragraph (b) does not apply to claims as defined in the Yukon Placer Mining Act, chapter Y-3 of the Revised Statutes of Canada, 1985, or the Yukon Quartz Mining Act, chapter Y-4 of the Revised Statutes of Canada, 1985.

Limitation - expropriation

(4) A law of the Legislature may only provide, in respect of a right or interest described in subsection (1), for the expropriation of the right or interest if the holder of that right or interest is compensated under that law.

Exception - claims

(5) Subsection (2), paragraph (3)(a) and subsection (4) apply to claims described in subsection (3) that are renewed in conformity with the laws of the Legislature.

Exception - rights and interests under the former Act

(6) Subsections (2) to (4) do not apply to rights or interests arising under the former Act.

Reference to Government of Canada

60. Any reference to the Government of Canada, or any of its agents, in an access order, permit, licence or other authorization, lease or agreement for lease or sale referred to in subsection 59(1) shall be read as a reference to the Yukon Government.

Pending applications

61. (1) Every proceeding with respect to a right or interest granted under an access order, permit, licence or other authorization, lease or agreement for lease or sale that is commenced before the coming into force of any provision of this Act that repeals or renders inapplicable the provision of an Act of Parliament under which the right or interest arises shall be taken up and continued under and in conformity with the laws of the Legislature without any further formality.

Exception

(2) Subsection (1) does not apply to civil or criminal proceedings before a court.

Validity of laws of Legislature

62. A law of the Legislature that specifically provides that it applies to matters governed by an Act of Parliament that is repealed by any of sections 281 to 284 or made inapplicable by any of sections 238 to 247 is considered for all purposes to have been validly made if it is made before the coming into force of that section and would have been validly made, if made after that coming into force. However, it has no force and effect before that coming into force.

Definition of ``Agreement''

63. In sections 64 to 67, ``Agreement'' means the Yukon Northern Affairs Program Devolution Transfer Agreement made on October 29, 2001.

Indemnifi-
cation by Yukon

64. (1) The Yukon Government shall indemnify the Government of Canada, 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 Government of Canada, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the Government of Canada, or any of its employees or agents, arising out of any act or omission of the Yukon Government, or any of its employees or agents, in respect of

    (a) public real property not under the administration and control of the Commissioner immediately before the coming into force of this section or water rights, if the act or omission occurs while the Commissioner has administration and control of the property or rights;

    (b) a right or interest granted under an access order, permit, licence or other authorization, lease or agreement for lease or sale that exists immediately before the date of coming into force of any provision of this Act that repeals or renders inapplicable the provision of the Act of Parliament under which the right or interest arises, if the act or omission occurs after that date;

    (c) security that is assigned to the Yukon Government under the Agreement;

    (d) records provided under the Agreement to the Yukon Government, unless the act or omission is made pursuant to the Agreement; or

    (e) remediation work required by the Agreement.

Indemnifi-
cation respecting obligations to employees of Canada

(2) The Yukon Government shall indemnify the Government of Canada, 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 Government of Canada, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the Government of Canada, or any of its employees or agents, arising out of a failure by the Yukon Government, or any of its employees or agents, to meet the obligations of the Yukon Government under the Agreement in respect of employees of the Government of Canada.

Indemnifi-
cation of first nations

(3) The Yukon Government 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 Yukon Government, or any of its employees or agents, in respect of remediation work done on the first nation's land as required by the Agreement.

Indemnifi-
cation by Canada

65. (1) 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 any act or omission of the Government of Canada, or any of its employees or agents, in respect of

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