Yukon Act (S.C. 2002, c. 7)

Assented to 2002-03-27

Restrictions

Marginal note:Taking of administration by Governor in Council
  •  (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

    • (a) the national interest, including

      • (i) national defence or security,

      • (ii) the establishment, or changes to the boundaries, of a national park, historic site or other area protected under an Act of Parliament, and

      • (iii) the creation of the infrastructure required for initiatives in respect of transportation or energy;

    • (b) the welfare of Indians and Inuit; or

    • (c) the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement.

  • Marginal note:Taking of administration — adjoining area

    (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.

  • Marginal note:Consultation

    (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.

Marginal note:Prohibition order — public real property in Yukon
  •  (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

    • (a) before the administration and control of the property is taken under paragraph 49(1)(a) or (b); or

    • (b) for the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement.

  • Marginal note:Prohibition order — lands in adjoining area

    (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

    • (a) any use to which the Government of Canada intends the lands to be put, including, in particular, their use as a national park or an airport or their use for purposes of national defence or navigation;

    • (b) the exercise, in relation to those lands, of any powers of the Government of Canada, including, in particular, powers respecting national security or the protection of the environment; or

    • (c) the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement.