Bill C-39
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49-50-51 ELIZABETH II |
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CHAPTER 7 |
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An Act to replace the Yukon Act in order to
modernize it and to implement certain
provisions of the Yukon Northern Affairs
Program Devolution Transfer
Agreement, and to repeal and make
amendments to other Acts
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[Assented to 27th March, 2002]
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Preamble
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Whereas Yukon is a territory that has a
system of responsible government that is
similar in principle to that of Canada;
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And Whereas the enactment of legislation
is required to implement certain provisions of
the Yukon Northern Affairs Program
Devolution Transfer Agreement, negotiated
by representatives of certain first nations, the
Government of Canada and the Yukon
Government;
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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
follows:
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Yukon Act.
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INTERPRETATION |
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Definitions
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2. The definitions in this section apply in
this Act.
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``adjoining
area'' « zone adjacente »
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``adjoining area'' means the area outside
Yukon and landward of the northern limit
described in Schedule 2.
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``federal agent
corporation'' « société mandataire fédérale »
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``federal agent corporation'' has the meaning
assigned to the expression ``agent
corporation'' by subsection 83(1) of the
Financial Administration Act.
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``federal
conservation
area'' « aire de conservation fédérale »
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``federal conservation area'' means an area
that is
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``former Act'' « ancienne loi »
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``former Act'' means the Yukon Act, chapter
Y-2 of the Revised Statutes of Canada,
1985.
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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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``Minister'' « ministre »
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``Minister'' means the Minister of Indian
Affairs and Northern Development.
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``national
park'' « parc national »
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``national park'' means a park and includes a
park reserve as those terms are defined in
subsection 2(1) of the Canada National
Parks Act.
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``oil'' « pétrole »
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``oil'' means crude petroleum, regardless of
gravity, produced at a well-head in liquid
form and any other hydrocarbons, except
gas and coal-bed methane. It includes
hydrocarbons that may be extracted or
recovered from surface or subsurface
deposits of oil sand, bitumen, bituminous
sand or oil shale or from other types of
deposits, but does not include coal.
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``public real
property'' « biens réels domaniaux »
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``public real property'' means
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``waters'' « eaux »
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``waters'' means any inland water, whether in
a liquid or frozen state, on or below the
surface of land.
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``Yukon'' « Yukon »
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``Yukon'' means the territory consisting of the
area described in Schedule 1.
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Aboriginal
rights
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3. For greater certainty, nothing in this Act
shall be construed so as to abrogate or
derogate from the protection provided for
existing aboriginal or treaty rights of the
aboriginal peoples of Canada by the
recognition and affirmation of those rights in
section 35 of the Constitution Act, 1982.
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GOVERNMENT |
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Executive Power |
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Commissioner
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4. (1) A Commissioner of Yukon shall be
appointed by order of the Governor in
Council.
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Publication of
order
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(2) The order in council appointing the
Commissioner shall be published in the
Canada Gazette.
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Action of
Commissioner
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(3) The Commissioner shall act in
accordance with any written instructions
given to the Commissioner by the Governor in
Council or the Minister.
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Administrator
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5. (1) The Governor in Council may appoint
an Administrator to act as Commissioner
during the Commissioner's absence or illness
or other inability or when that office is vacant.
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Absence or
inability
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(2) The senior judge, within the meaning of
subsection 22(3) of the Judges Act, of the
Supreme Court of Yukon may act as
Administrator during the Administrator's
absence or illness or other inability or when
that office is vacant.
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Oaths
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6. Before assuming office, the
Commissioner and the Administrator shall
take and subscribe the oath of office and the
oath of allegiance prescribed by the Governor
in Council.
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Salaries
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7. The salary of the Commissioner and of
the Administrator shall be fixed by the
Governor in Council and paid out of the
Consolidated Revenue Fund of Canada.
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Executive
Council
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8. The Executive Council of Yukon
established under the former Act is hereby
continued. Its members shall be appointed by
the Commissioner.
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Seat of
government
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9. The seat of the Yukon Government is at
Whitehorse but the Legislature may designate
another place in Yukon as the seat of
government.
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Legislative Power |
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Legislative Assembly
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Legislative
Assembly of
Yukon
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10. The Council established by the former
Act is hereby continued as the Legislative
Assembly of Yukon. Each member of the
Legislative Assembly is elected to represent
an electoral district in Yukon.
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Duration of
Legislative
Assembly
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11. (1) No Legislative Assembly shall
continue for longer than five years after the
date of the return of the writs for a general
election, but the Commissioner may dissolve
it before then.
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Writs
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(2) Writs for the election of members of the
Legislative Assembly shall be issued on the
instructions of the Commissioner.
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Oaths of
office
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12. Before assuming office, each member
of the Legislative Assembly shall take and
subscribe before the Commissioner the oath of
office prescribed by the Legislature of Yukon
and the oath of allegiance set out in the Fifth
Schedule to the Constitution Act, 1867.
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Yearly session
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13. The Legislative Assembly shall sit at
least once every 12 months.
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Speaker
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14. (1) The Legislative Assembly shall
elect one member to be Speaker, who shall
preside over the Legislative Assembly when it
is sitting.
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Vote
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(2) The Speaker may only vote in the
Legislative Assembly in the case of a tie.
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Quorum
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15. A majority of the members of the
Legislative Assembly, including the Speaker,
constitutes a quorum.
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Rules of
procedure
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16. The Legislative Assembly may make
rules for its operations and procedures, except
in relation to the classes of subjects with
respect to which the Legislature may make
laws under paragraph 18(1)(b).
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Legislature
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Legislature of
Yukon
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17. The institution referred to in the former
Act as the Commissioner in Council and
which consisted of the Commissioner and the
Council of the Yukon Territory is hereby
continued as the Legislature of Yukon,
consisting of the Commissioner and the
Legislative Assembly.
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Legislative Powers
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Legislative
powers
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18. (1) The Legislature may make laws in
relation to the following classes of subjects in
respect of Yukon:
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Oil and gas in
adjoining area
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(2) The Legislature may make laws in
relation to the classes of subjects described in
subsection (1) in respect of oil and gas in the
adjoining area.
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Importation of
intoxicants
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(3) The Legislature may make laws relating
to the importation of intoxicants into Yukon
from any other place in Canada or elsewhere
and defining what constitutes an intoxicant for
the purposes of those laws.
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Laws relating
to natural
resources
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19. (1) The Legislature may make laws in
relation to
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Export of
natural
resources
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(2) Laws made under paragraph (1)(e) or (f)
may not authorize or provide for
discrimination in prices or in supplies
exported.
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Taxation of
natural
resources
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(3) The Legislature may make laws in
relation to the raising of money by any mode
of taxation in respect of resources referred to
in paragraph (1)(b) and primary production
from those resources and in respect of sites
and facilities referred to in paragraph (1)(d)
and the production of electrical energy from
them. The Legislature may make such laws
whether or not the production is exported, in
whole or in part, from Yukon or, in the case of
oil and gas from the adjoining area, from that
area.
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