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Bill C-39

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

    (b) water rights in Yukon, if the act or omission occurred before the Commissioner had administration and control of the water rights;

    (c) 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 before that date;

    (d) security that is required to be assigned to the Yukon Government under the Agreement;

    (e) records that are required to be provided to the Yukon Government under the Agreement; or

    (f) remediation work required by the Agreement.

Indemnifi-
cation by Canada for exercise of power

(2) 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 the exercise of a power under sections 49 to 51 or 55.

Indemnifi-
cation of first nations

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

Limitation on indemnificatio n

66. The Government of Canada, the Yukon Government or a first nation is not entitled to be indemnified under section 64 or 65 if it has settled the claim, action or proceeding without the written consent of the government that is required to indemnify it under that section.

Information privileged

67. (1) The communication pursuant to the Agreement by the Government of Canada to the Yukon Government of information, however recorded, that is subject to solicitor-client privilege does not constitute a waiver of the privilege.

Disclosure with consent

(2) No employee or agent of the Yukon Government shall, except with the written permission of the Minister, knowingly communicate, disclose or make available any information referred to in subsection (1), or permit it to be communicated, disclosed or made available, to a person who is not an employee or agent of the Yukon Government.

AMENDMENTS TO THIS ACT

68. Subsection 4(3) of this Act is repealed on the day that is 10 years after the day on which that subsection comes into force.

69. (1) Subsection 22(1) of this Act is renumbered as section 22 and subsections 22(2) and (3) are repealed on the first day on which the final agreements of all first nations, within the meaning of the Yukon First Nations Land Claims Settlement Act, chapter 34 of the Statutes of Canada, 1994, are in effect.

(2) The Minister shall publish a notice of that day in the Canada Gazette.

70. Paragraph 33(b) of this Act is replaced by the following:

    (b) the opinion of the Auditor General of Yukon referred to in subsection 34(1); and

71. This Act is amended by adding the following after section 33:

Auditor General of Yukon

Appointment of Auditor General

33.1 (1) The Commissioner, with the consent of the Executive Council, shall appoint a qualified auditor as the Auditor General of Yukon.

Terms of appointment

(2) The Auditor General of Yukon shall hold office during good behaviour for a term of 10 years, but may be removed by the Commissioner on address of the Legislative Assembly.

Appointment of Auditor General of Canada

(3) The Auditor General of Canada may act as Auditor General of Yukon if the Auditor General of Canada is of the opinion that it will not interfere with his or her primary responsibilities. Sections 33.2, 37.2 and 37.4 do not apply if the Auditor General of Canada acts as Auditor General of Yukon.

Pension benefits

33.2 The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Auditor General of Yukon.

Duties

33.3 The Auditor General of Yukon shall make such examinations and inquiries as the Auditor General considers necessary to enable him or her to report as required by this Act.

72. The portion of subsection 34(1) of this Act before paragraph (a) is replaced by the following:

Annual audit

34. (1) The Auditor General of Yukon 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

73. The portion of section 35 of this Act before paragraph (a) is replaced by the following:

Supplement-
ary report

35. The Auditor General of Yukon 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

74. The portion of section 36 of this Act before paragraph (a) is replaced by the following:

Inquiry and report

36. At the request of the Commissioner, made with the consent of the Executive Council, the Auditor General of Yukon 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

75. Section 37 of this Act is replaced by the following:

Access to information

37. (1) Except as provided by any law made by the Legislature that expressly refers to this subsection, the Auditor General of Yukon 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 members of the public service of Yukon any information, reports and explanations that he or she considers necessary for that purpose.

Stationing of officers in departments

(2) In order to carry out his or her duties more effectively, the Auditor General may station any person employed in his or her office in any portion of the public service of Yukon, and the Yukon Government shall provide the necessary office accommodation for that person.

Oath of secrecy

(3) The Auditor General shall require every person employed in his or her office who is to examine, pursuant to this Act, the accounts of a portion of the public service of Yukon or of a corporation that is expressly declared under any law of the Legislature to be an agent of the Yukon Government to comply with any security requirements applicable to, and to take any oath of secrecy required to be taken by, persons employed in that public service or that corporation.

Powers of Auditor General

(4) The Auditor General may, for the purpose of auditing the accounts of Yukon, in the same manner and to the same extent as a court of record, summon and enforce the attendance of witnesses and compel them to give oral and written evidence on oath and to produce such documents and things as the Auditor General considers necessary for a full review.

Auditor General may request information

37.1 (1) The Auditor General of Yukon may request a corporation that is expressly declared under any law of the Legislature to be an agent of the Yukon Government to obtain and furnish such information and explanations from its present or former directors, officers, employees, agents and auditors or those of any of its subsidiaries as are, in the Auditor General's opinion, necessary to fulfil his or her responsibilities.

Direction of the Commissioner

(2) If, in the opinion of the Auditor General, a corporation fails to provide any or sufficient information or explanations in response to a request made under subsection (1), the Auditor General may so advise the Commissioner. The Commissioner may then, with the consent of the Executive Council, direct the officers of the corporation to give the Auditor General such information and explanations and access to any records, documents, books, accounts and vouchers of the corporation or any of its subsidiaries as is, in the opinion of the Auditor General, necessary to fulfil his or her responsibilities.

Reliance on audit reports of corporations

(3) In order to fulfil his or her responsibilities, the Auditor General may rely on the report of a duly appointed auditor of a corporation referred to in subsection (1) or of any subsidiary of that corporation.

Appointment of officers, etc.

37.2 (1) The Auditor General of Yukon shall appoint, in accordance with the laws of the Legislature governing employment in the public service of Yukon, such officers and employees as are necessary to enable him or her to perform the Auditor General's duties.

Suspension or dismissal

(2) The Auditor General may, in accordance with the laws referred to in subsection (1), suspend or dismiss from the performance of his or her duty any person employed in the Auditor General's office.

Contract for professional services

(3) The Auditor General may, within the total dollar limitations established for his or her office in appropriation laws, contract for professional services.

Delegation

(4) The Auditor General may delegate any of his or her powers under this section to any person or organization that under a law of the Legislature is responsible for the management of the public service of Yukon.

Designation

37.3 The Auditor General of Yukon may designate a member of his or her staff to sign on the Auditor General's behalf any opinion that he or she is required to give and any report other than a report to the Legislative Assembly, and any member so signing an opinion or report shall indicate beneath his or her signature his or her position in the office of the Auditor General and the fact that he or she is signing on behalf of the Auditor General.

Special report

37.4 The Auditor General of Yukon may make a special report to the Legislative Assembly if he or she is of the opinion that

    (a) the amounts provided for his or her office in the estimates are inadequate to enable the Auditor General to fulfil his or her responsibilities; or

    (b) the laws of the Legislature governing employment in the public service of Yukon may undermine the independence of the Office of the Auditor General or otherwise interfere with the performance of his or her duties.

76. (1) Section 55 of this Act is repealed on the day on which the National Energy Board gives leave to open the last section or part of the pipeline referred to in the Northern Pipeline Act.

(2) The Minister shall publish a notice of that day in the Canada Gazette.

AMENDMENTS TO OTHER ACTS

R.S., c. A-1

Access to Information Act

1994, c. 43, s. 80

77. Schedule I to the Access to Information Act is amended by striking out the following under the heading ``Other Government Institutions'':

Yukon Surface Rights Board

    Office des droits de surface du Yukon

78. Schedule I to the Act is amended by striking out the following under the heading ``Other Government Institutions'':

Yukon Territory Water Board

    Office des eaux du territoire du Yukon

R.S., c. A-2

Aeronautics Act

1999, c. 3, s. 13

79. Paragraph (e) of the definition ``superior court'' in subsection 3(1) of the English version of the Aeronautics Act is replaced by the following:

      (e) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice;

R.S., c. A-12

Arctic Waters Pollution Prevention Act

1992, c. 40, s. 49

80. The definition ``analyst'' in section 2 of the Arctic Waters Pollution Prevention Act is replaced by the following:

``analyst''
« analyste »

``analyst'' means a person designated as an analyst pursuant to the Canada Water Act or the Northwest Territories Waters Act;

1991, c. 46

Bank Act

1999, c. 3, s. 14

81. Paragraph (f) of the definition ``court'' in section 2 of the English version of the Bank Act is replaced by the following:

      (f) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice;

1993, c. 28, s. 78 (Sch. III, s. 5)

82. The definition ``agency'' in subsection 427(5) of the English version of the Act is replaced by the following:

``agency''
« agence »

``agency'' means, in a province, the office of the Bank of Canada or its authorized representative but does not include its Ottawa office, and in Yukon, the Northwest Territories and Nunavut means the office of the clerk of the court of each of those territories respectively;