Yukon Act (S.C. 2002, c. 7)
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Assented to 2002-03-27
Yukon Act
S.C. 2002, c. 7
Assented to 2002-03-27
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
SUMMARY
The purpose of this enactment is to replace the current Yukon Act in order to modernize it, by reflecting responsible government in Yukon and renaming a number of public institutions to reflect current practice, and to provide the Legislature of Yukon with new powers over public real property and waters.
The enactment includes a preamble stating that Yukon has a system of responsible government that is similar in principle to that of Canada. It also contains details on the relationship between the Commissioner of Yukon and the Executive Council which are consistent with the conventions of modern government in Canada.
The enactment renames the “Council” as the “Legislative Assembly of Yukon”, the “Commissioner in Council” as the “Legislature of Yukon” and “ordinances” as “laws of the Legislature”. The enactment reaffirms the Auditor General of Canada as the auditor of the Yukon Government, but also makes provisions for the Yukon Government to appoint its own independent auditor at a future date to be fixed by the Governor in Council.
New powers are provided as part of the implementation of a number of provisions of the Yukon Northern Affairs Program Devolution Transfer Agreement, which provides for the transfer of the administration and control of most public real property and water rights in Yukon to the Commissioner. The enactment includes provisions for the repeal of federal legislation governing the property and rights being transferred.
Preamble
Whereas Yukon is a territory that has a system of responsible government that is similar in principle to that of Canada;
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;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Yukon Act.
INTERPRETATION
Marginal note:Definitions
2. The definitions in this section apply in this Act.
“adjoining area”
« zone adjacente »
“adjoining area” means the area outside Yukon and landward of the northern limit described in Schedule 2.
“federal agent corporation”
« société mandataire fédérale »
“federal agent corporation” has the meaning assigned to the expression “agent corporation” by subsection 83(1) of the Financial Administration Act.
“federal conservation area”
« aire de conservation fédérale »
“federal conservation area” means an area that is
(a) a national park;
(b) public real property under the administration of the Minister of the Environment that is subject to measures imposed under the Canada Wildlife Act for the conservation of wildlife; or
(c) a protection area for migratory birds prescribed under the Migratory Birds Convention Act, 1994.
“former Act”
« ancienne loi »
“former Act” means the Yukon Act, chapter Y-2 of the Revised Statutes of Canada, 1985.
“gas”
« gaz »
“gas” means natural gas and all substances produced in association with natural gas, but does not include oil or coal-bed methane.
“Minister”
« ministre »
“Minister” means the Minister of Indian Affairs and Northern Development.
“national park”
« parc national »
“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.
“oil”
« pétrole »
“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.
“public real property”
« biens réels domaniaux »
“public real property” means
(a) land in Yukon that belongs to Her Majesty in right of Canada, including mines and minerals, and buildings, structures, improvements and other fixtures on, above or below the surface of the land; and
(b) any estate, right, title or interest, including an easement, a servitude and a lease, held by Her Majesty in right of Canada in or to land in Yukon.
“waters”
« eaux »
“waters” means any inland water, whether in a liquid or frozen state, on or below the surface of land.
“Yukon”
« Yukon »
“Yukon” means the territory consisting of the area described in Schedule 1.
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