Bill C-39
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Court of Appeal of Yukon |
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Sittings
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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.
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REAL PROPERTY, WATER, OIL AND GAS |
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Administration and Control |
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Commissioner
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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.
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Exception
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(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.
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Public real
property
acquired on
behalf of a
federal
minister
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(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.
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Relinquishme
nt
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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.
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Administra- tion of relinquished interest
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(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.
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Transfer to
Commissioner
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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.
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Right to
waters vested
in Her
Majesty
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48. (1) The rights in respect of all waters in
Yukon belong to Her Majesty in right of
Canada.
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Commissioner
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(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.
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Limitations
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(3) Subsections (1) and (2) are subject to
any rights granted by or under an Act of
Parliament in respect of waters.
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Dominion
Water Power
Act
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(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.
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Restrictions |
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Taking of
administra- tion by Governor in Council
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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
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Taking of
administration
- adjoining
area
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(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.
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Consultation
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(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.
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Prohibition
order -
public real
property in
Yukon
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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
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Prohibition
order - lands
in adjoining
area
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(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
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Prohibition
order -
waters in
Yukon
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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
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Procedure
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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.
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Publication
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(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.
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Interim
prohibition
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(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.
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Considera- tion of representa- tions
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(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.
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If proposed
order varied
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(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.
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Duration of
prohibition
orders
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53. A prohibition order made under section
50 or 51 may not be made for a period that
exceeds five years.
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EXERCISE OF FEDERAL POWERS |
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Adjoining
area
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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.
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Northern
pipeline
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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
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Application of
subsection (1)
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(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.
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Consultation
required
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(3) The minister may only grant the
application after consultation with the person
or entity required to hold the public hearing.
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Effect of
exercise of
power
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(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.
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LEGISLATIVE AMENDMENT |
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Consultation
re bills
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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.
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Assembly
may
recommend
amendments
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(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.
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TRANSITIONAL PROVISIONS |
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Commissioner
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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.
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Duration of
Council
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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.
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Existing rights
and interests
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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.
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Limitation -
additional
conditions
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(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.
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Limitation -
cancellation,
etc.
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(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
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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.
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Limitation -
expropriation
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(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.
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Exception -
claims
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(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.
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Exception -
rights and
interests under
the former
Act
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(6) Subsections (2) to (4) do not apply to
rights or interests arising under the former
Act.
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Reference to
Government
of Canada
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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.
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Pending
applications
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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.
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Exception
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(2) Subsection (1) does not apply to civil
or criminal proceedings before a court.
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Validity of
laws of
Legislature
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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.
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Definition of
``Agreement''
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63. In sections 64 to 67, ``Agreement''
means the Yukon Northern Affairs
Program Devolution Transfer Agreement
made on October 29, 2001.
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Indemnifi- cation by Yukon
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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
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Indemnifi- cation respecting obligations to employees of Canada
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(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.
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Indemnifi- cation of first nations
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(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.
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Indemnifi- cation by Canada
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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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