Bill C-39
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No
differentiation
based on
place of
export
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(4) A law made under subsection (3) may
not authorize or provide for taxation that
differentiates between production that is not
exported and that which is exported to another
part of Canada.
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Definition of
``primary
production''
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(5) In this section, ``primary production''
means
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Existing
powers or
rights
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(6) Nothing in subsections (1) to (5)
derogates from any powers or rights that the
Legislature has under any other provision of
this Act.
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Restrictions
on powers
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20. (1) Nothing in subsections 18(1) and (2)
and section 19 shall be construed as giving the
Legislature greater powers than are given to
legislatures of the provinces under sections
92, 92A and 95 of the Constitution Act, 1867.
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Water-power
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(2) Despite subsections 18(1) and (2) and
section 19, the Legislature may not make laws
in respect of 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.
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Agreement
implementa- tion Acts
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21. Despite subsection 20(1), the
Legislature may, in exercising its powers
under sections 18 and 19 for the purpose of
implementing aboriginal land claim
agreements or aboriginal self-government
agreements, make laws that are in relation to
the matters coming within class 24 of section
91 of the Constitution Act, 1867.
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Laws re
conservation
of wildlife
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22. (1) Despite subsection 20(1), any law of
the Legislature in relation to the conservation
of wildlife, unless the contrary intention
appears in it, applies to and in respect of
Indians and Inuit.
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Hunting for
food
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(2) Nothing in paragraph 18(1)(m) or
subsection (1) shall be construed as
authorizing the Legislature to make laws
restricting or prohibiting Indians and Inuit
from hunting for food on unoccupied public
real property, other than a species that is
declared by order of the Governor in Council
to be in danger of becoming extinct. This
subsection does not apply to laws that
implement the Agreement given effect by the
Western Arctic (Inuvialuit) Claims Settlement
Act.
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Cessation of
application
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(3) After a final agreement referred to in
section 4 or 5 of the Yukon First Nations Land
Claims Settlement Act is given effect by or
under that Act, subsection (2) does not apply
in respect of persons eligible to be enrolled
under the agreement or the traditional territory
identified in it.
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Borrowing
and lending
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23. (1) The Legislature may make laws
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Restriction
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(2) No money may be borrowed under a law
made under paragraph (1)(a) without the
approval of the Governor in Council.
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Charge on
Yukon C.R.F.
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(3) The repayment of money borrowed
under a law made under paragraph (1)(a), and
the payment of interest on that money, is a
charge on and payable out of the Yukon
Consolidated Revenue Fund.
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Withholding
of assent
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24. (1) The Governor in Council may, in
writing, direct the Commissioner to withhold
his or her assent to a bill that has been
introduced in the Legislative Assembly.
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Consent of
Governor in
Council
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(2) A bill in respect of which a direction has
been given may not become law without the
Governor in Council's assent, which assent
may not be given later than one year after the
day on which the bill is adopted by the
Legislative Assembly.
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Transmittal of
laws
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25. (1) A copy of every law made by the
Legislature shall be transmitted by the Clerk
of the Legislative Assembly to the Governor
in Council within 30 days after it is made.
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Disallowance
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(2) The Governor in Council may disallow
any law made by the Legislature or any
provision of any such law at any time within
one year after it is made.
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Conflicting
laws
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26. In the event of a conflict between a law
of the Legislature and a federal enactment, the
federal enactment prevails to the extent of the
conflict.
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Official
languages
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27. (1) The ordinance entitled the
Languages Act made on May 18, 1988 under
the former Act and any successor to it may not
be repealed, amended or otherwise rendered
inoperable by the Legislature without the
concurrence of Parliament by way of an
amendment to this Act.
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Additional
rights and
services
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(2) Nothing in subsection (1) shall be
construed as preventing the Commissioner or
any other public officer or the Legislature or
any other institution of the Yukon
Government - whether by amending the
ordinance referred to in that subsection,
without the concurrence of Parliament, or by
any other means - from granting rights in
respect of, or providing services in, English
and French or any languages of the aboriginal
peoples of Canada in addition to the rights and
services provided for in that ordinance.
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Yukon Consolidated Revenue Fund |
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Establish- ment of fund
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28. (1) All public moneys and revenue over
which the Legislature has the power of
appropriation shall form a fund to be known as
the Yukon Consolidated Revenue Fund.
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Establish- ment of bank accounts
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(2) The member of the Executive Council
designated for that purpose by a law of the
Legislature shall establish, in the name of the
Yukon Government, accounts with banks, or
authorized foreign banks within the meaning
of section 2 of the Bank Act that are not subject
to the restrictions and requirements referred to
in subsection 524(2) of that Act, in respect of
their business in Canada, that the member
designates for the deposit of public moneys
and revenue.
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Recommendat
ion of
Commissioner
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29. It is not lawful for the Legislative
Assembly to adopt or pass any vote,
resolution, address or bill for the
appropriation of any part of the public
revenue, or of any tax, for any purpose that has
not been first recommended to the Legislative
Assembly by message of the Commissioner,
in the session in which the vote, resolution,
address or bill is proposed.
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Appropria- tion of moneys granted by Parliament
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30. When a sum of money is granted to Her
Majesty in right of Canada by Parliament to
defray expenses for a specified public service
in Yukon, the power of appropriation by the
Legislature over that sum is subject to the
specified purpose for which it is granted.
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Yukon Public Accounts |
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Fiscal year
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31. The Yukon Government's fiscal year is
the period beginning on April 1 in one year
and ending on March 31 in the next year.
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Submission of
Yukon Public
Accounts to
Legislative
Assembly
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32. The Commissioner, with the consent of
the Executive Council, shall, on or before such
day of the fiscal year as the Legislative
Assembly may fix, lay before the Legislative
Assembly a report called the Yukon Public
Accounts for the preceding fiscal year and the
Legislative Assembly shall consider the
report.
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Form and
contents
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33. The Yukon Public Accounts shall be
prepared in any form that the Commissioner,
with the consent of the Executive Council,
directs. They shall be prepared in accordance
with accounting principles recommended for
the public sector by the Canadian Institute of
Chartered Accountants or its successor and
shall include
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Annual audit
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34. (1) The Auditor General of Canada 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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Report
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(2) The Auditor General shall report to the
Legislative Assembly any matter falling
within the scope of the audit that, in his or her
opinion, should be reported to the Assembly.
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Supplement- ary report
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35. The Auditor General of Canada 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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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 Canada 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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Powers of
Auditor
General
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37. (1) For the purposes of carrying out the
Auditor General of Canada's functions under
this Act, the Auditor General has all the
powers that he or she has under the Auditor
General Act.
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Access to
information
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(2) Except as provided by any law made by
the Legislature that expressly refers to this
subsection, the Auditor General 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 the public service of Yukon
any information, reports and explanations that
he or she considers necessary for that purpose.
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ADMINISTRATION OF JUSTICE |
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Judicature |
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Appointment
of judges
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38. The Governor in Council shall appoint
the judges of any superior, district or county
courts that are now or may be constituted in
Yukon.
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Tenure of
office of
judges
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39. The judges of the superior, district and
county courts in Yukon shall hold office
during good behaviour but are removable by
the Governor General on address of the Senate
and House of Commons and shall cease to
hold office on attaining the age of 75 years.
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Supreme Court of Yukon |
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Judges of the
Supreme
Court of
Yukon
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40. A judge, other than a deputy judge, of
the Supreme Court of the Northwest
Territories or of the Nunavut Court of Justice
is, by reason of holding that office, a judge of
the Supreme Court of Yukon.
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Deputy judges
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41. (1) The Governor in Council may
appoint any person who is or has been a judge
of a superior, district or county court of a
province or a barrister or advocate of at least
10 years standing at the bar of a province to be
a deputy judge of the Supreme Court of Yukon
and fix his or her remuneration and
allowances.
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Duration of
appointment
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(2) A deputy judge may be appointed for
any particular case or cases or for any
specified period.
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Tenure of
office
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(3) A deputy judge holds office during good
behaviour but is removable by the Governor
General on address of the Senate and House of
Commons.
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Powers
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(4) A deputy judge shall be sworn to the
faithful performance of his or her duties in the
same manner as a judge of the Supreme Court
of Yukon and, during his or her appointment,
temporarily has and may exercise and perform
all the powers, duties and functions of a judge
of the Court.
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Jurisdiction to
try civil cases
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42. The Supreme Court of Yukon has and
may exercise and perform, in the Northwest
Territories or Nunavut, all the powers, duties
and functions of the Court with respect to a
civil case, other than a civil case where the
Court sits with a jury.
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Jurisdiction to
try criminal
cases
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43. (1) A judge of the Supreme Court of
Yukon has and may exercise and perform,
anywhere in Canada, all the powers, duties
and functions of the Court with respect to any
criminal offence committed or charged to
have been committed in Yukon.
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Application of
laws
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(2) All laws applicable to criminal
proceedings in Yukon apply in like manner to
proceedings held under this section at any
other place in Canada.
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Enforcement
of decisions
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(3) Any judgment, conviction, sentence or
order pronounced or made in any proceedings
held under this section outside Yukon may be
enforced or executed at the place at which it is
pronounced or made or elsewhere, either in or
outside Yukon, as a judge of the Supreme
Court of Yukon may direct, and the proper
officers of Yukon have and may exercise all
powers and authority necessary for the
enforcement or execution of it at the place
where it is directed to be enforced or executed,
notwithstanding that the place is not in Yukon.
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