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Yukon Act (S.C. 2002, c. 7)

Full Document:  

Assented to 2002-03-27

AMENDMENTS TO OTHER ACTS

R.S., c. P-33Public Service Employment Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 124(E))

 Subsection 33(5) of the English version of the Act is replaced by the following:

  • Marginal note:Effect of election

    (5) An employee who is declared elected as a member of the House of Commons, of the legislature of a province, of the Council of the Northwest Territories or of the Legislative Assembly of Yukon or Nunavut ceases to be an employee on that declaration.

R.S., c. P-35Public Service Staff Relations Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 125)

 Subsection 13(3) of the Public Service Staff Relations Act is replaced by the following:

  • Marginal note:Eligibility

    (3) Notwithstanding paragraph (1)(c), a person is not ineligible to hold office as a member of the Board by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Northwest Territories, the Legislature of Yukon or the Legislature for Nunavut with powers and duties similar to those of the Board.

R.S., c. P-36Public Service Superannuation Act

 Part II of Schedule I to the Public Service Superannuation Act is amended by replacing the expression “Employees of the Government of the Yukon Territory” with the expression “Employees of the Government of Yukon”.

R.S., c. R-2Radiocommunication Act

Marginal note:1994, c. 43, s. 92

 Subsections 7(4) and (5) of the Radiocommunication Act are replaced by the following:

  • Marginal note:Exception

    (4) Notwithstanding subsection (3), any dispute as to the compensation to be paid for the taking of possession of a radio station on settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act, land identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act or on Tetlit Gwich’in Yukon land may be heard and determined only by the body established under the laws of the Legislature of Yukon having jurisdiction with respect to surface rights and in accordance with those laws.

  • Marginal note:Settlement land

    (5) If the Yukon first nation concerned does not consent to it, no interest in settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act may be taken possession of under this section without the consent of the Governor in Council.

R.S., c. 32 (4th Supp.)Railway Safety Act

Marginal note:1999, c. 3, s. 82

 Paragraph (e) of the definition “superior court” in subsection 4(1) of the English version of the Railway Safety Act is replaced by the following:

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

R.S., c. R-10Royal Canadian Mounted Police Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 130)

 Paragraphs 24(a) and (b) of the English version of the Royal Canadian Mounted Police Act are replaced by the following:

  • (a) that any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member’s duties has been abandoned by the owner of it or the person entitled to it, or

  • (b) that a reasonable attempt has been made to find the owner of or person entitled to any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member’s duties, but the owner or person cannot be found,

R.S., c. S-22Statutory Instruments Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 131); 1998, c. 15, s. 38

 Subparagraph (b)(iv) of the definition “statutory instrument” in subsection 2(1) of the Statutory Instruments Act is replaced by the following:

  • (iv) an ordinance of the Northwest Territories, a law made by the Legislature of Yukon or the Legislature for Nunavut, a rule made by the Legislative Assembly of Yukon under section 16 of the Yukon Act or by the Legislative Assembly of Nunavut under section 21 of the Nunavut Act or any instrument issued, made or established under any such ordinance, law or rule.

R.S., c. S-26Supreme Court Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 133)

 Subsection 2(2) of the English version of the Supreme Court Act is replaced by the following:

  • Marginal note:Application to the territories

    (2) For the purposes of this Act, the expression “highest court of final resort in a province” includes, in Yukon, the Northwest Territories or Nunavut, the Court of Appeal of that territory.

R.S., c. T-7Territorial Lands Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 135)

 The long title of the Territorial Lands Act is replaced by the following:

An Act respecting Crown lands in the Northwest Territories and Nunavut
  •  (1) The definition “timber” in section 2 of the Act is repealed.

  • Marginal note:1993, c. 28, s. 78 (Sch. III, s. 136)

    (2) The definition “territorial lands” in section 2 of the Act is replaced by the following:

    “territorial lands”

    « terres territoriales »

    “territorial lands” means lands, or any interest in lands, in the Northwest Territories or Nunavut that are vested in the Crown or of which the Government of Canada has power to dispose;

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 137); 2000, c. 32, s. 66

 Subsections 3(2) to (4) of the Act are replaced by the following:

  • Marginal note:Application of certain sections

    (2) Sections 9 and 12 to 16 and paragraph 23(k) apply to territorial lands under the administration and control of the Commissioner of the Northwest Territories or of the Commissioner of Nunavut.

  • Marginal note:Application of certain Acts

    (3) Nothing in this Act shall be construed as limiting the operation of the Dominion Water Power Act or the Canada National Parks Act.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 138)

 Section 4 of the Act is replaced by the following:

Marginal note:Land management zones

4. Subject to section 6, the Governor in Council may, where the Governor in Council deems it necessary for the protection of the ecological balance or physical characteristics of any area in the Northwest Territories or Nunavut, set apart and appropriate any territorial lands in that area as a land management zone.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 139)

 Section 6 of the Act is replaced by the following:

Marginal note:Consultation with territories

6. The powers mentioned in sections 4 and 5 may be exercised by the Governor in Council only after consultation with the Council of the Northwest Territories or the Legislative Assembly of Nunavut, as the case may be, where the Governor in Council deems the consultation to be practicable or, otherwise, after consultation with each of the members of that Council or Legislative Assembly with whom consultation can then be effected.

Marginal note:1993, c. 41, s. 14(1)
  •  (1) Subsection 9(1) of the Act is replaced by the following:

    Marginal note:Interpretation
    • 9. (1) In this section, the expressions “registrar” and “certificate of title” have the meanings assigned by any ordinance of the Northwest Territories or any law of the Legislature for Nunavut in respect of title to real property.

  • Marginal note:1993, c. 28, s. 78 (Sch. III, s. 140)

    (2) Paragraph 9(3)(b) of the Act is replaced by the following:

    • (b) in the case of territorial lands described in subsection 3(2), by the Commissioner of the Northwest Territories if the lands are in the Northwest Territories or by the Commissioner of Nunavut if the lands are in Nunavut.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 141); 1998, c. 15, s. 40

 Paragraph 13(c) of the English version of the Act is replaced by the following:

  • (c) to the boundary line between Yukon and Alaska, or between Yukon and the Northwest Territories, or between the Northwest Territories and Nunavut or between Yukon, the Northwest Territories or Nunavut and the Province of Manitoba, Saskatchewan, Alberta or British Columbia.

 The heading before section 17 and sections 17 and 18 of the Act are repealed.

  •  (1) Paragraph 23(e) of the Act is replaced by the following:

    • (e) set apart and appropriate territorial lands for use as game preserves, game sanctuaries, bird sanctuaries, public shooting grounds, public resorts or for any other similar public purpose;

  • Marginal note:1992, c. 1, s. 144(1) (Sch. VII, s. 50(1)) (F)

    (2) Paragraph 23(g) of the Act is replaced by the following:

    • (g) divide territorial lands into mining districts and land districts;

 Subsection 30(2) of the Act is repealed.

1991, c. 45Trust and Loan Companies Act

Marginal note:1999, c. 3, s. 84

 Paragraph (f) of the definition “court” in section 2 of the English version of the Trust and Loan Companies Act is replaced by the following:

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

1984, c. 24Western Arctic (Inuvialuit) Claims Settlement Act

 The first paragraph of the preamble to the Western Arctic (Inuvialuit) Claims Settlement Act is replaced by the following:

WHEREAS the Committee for Original Peoples’ Entitlement and the Government of Canada have entered into an Agreement respecting certain lands in the Northwest Territories and Yukon in and to which the Inuvialuit have claimed an interest based on traditional use and occupancy;

Marginal note:

 The definition “Territory” in section 2 of the Act is replaced by the following:

“Territory”

« Territoire »

“Territory” means the Northwest Territories, Yukon and adjacent offshore areas, not forming part of the Northwest Territories or Yukon, within the sovereignty or jurisdiction of Canada.

R.S., c. W-11; 1996, c. 6, s. 134Winding-up and Restructuring Act

Marginal note:1999, c. 3, s. 85

 Paragraph (d) of the definition “court” in subsection 2(1) of the Winding-up and Restructuring Act is replaced by the following:

  • (d) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice;

R.S., c. Y-1Young Offenders Act

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 144); 1998, c. 15, s. 41

 The definition “offence” in subsection 2(1) of the Young Offenders Act is replaced by the following:

“offence”

« infraction »

“offence” means an offence created by an Act of Parliament or by any regulation, rule, order, by-law or ordinance made under it, other than an ordinance of the Northwest Territories or a law of the Legislature of Yukon or the Legislature for Nunavut;

1994, c. 34Yukon First Nations Land Claims Settlement Act

 The long title of the Yukon First Nations Land Claims Settlement Act is replaced by the following:

An Act to approve, give effect to and declare valid land claims agreements entered into between Her Majesty the Queen in right of Canada, the Government of Yukon and certain first nations in Yukon, to provide for approving, giving effect to and declaring valid other land claims agreements entered into after this Act comes into force, and to make consequential amendments to other Acts

 The third paragraph of the preamble to the Act is replaced by the following:

WHEREAS agreements may be entered into with respect to aboriginal claims to lands in British Columbia and the Northwest Territories by persons enrolled under final agreements as well as aboriginal claims to lands in Yukon by certain people outside that territory;

 Subsection 11(4) of the English version of the Act is replaced by the following:

  • Marginal note:Enforcement

    (4) An order or decision of the Enrollment Commission made before or after this Act comes into force may be filed in the Supreme Court of Yukon, and when so filed may be enforced as an order of that Court.

 Paragraph 15(c) of the English version of the Act is replaced by the following:

  • (c) such regional offices of the Government of Canada situated in Yukon as the Minister considers advisable; and

  •  (1) Subsections 20(1) and (2) of the Act are repealed.

  • (2) Subsection 20(4) of the Act is repealed.

 Subsection 21(2) of the Act is repealed.

1994, c. 35Yukon First Nations Self-Government Act

 The long title of the English version of the Yukon First Nations Self-Government Act replaced by the following:

An Act respecting self-government for first nations in Yukon
  •  (1) The first paragraph of the preamble to the Act is replaced by the following:

    WHEREAS representatives of Her Majesty the Queen in right of Canada, the Government of the Yukon Territory and the Council for Yukon Indians signed the Umbrella Final Agreement on May 29, 1993, the provisions of which are intended to be incorporated into final agreements for the settlement of land claims of first nations in Yukon;

  • (2) The third paragraph of the preamble to the English version of the Act is replaced by the following:

    WHEREAS those final agreements provide that Her Majesty and the Government of Yukon are to enter into negotiations with those first nations for self-government agreements appropriate to the circumstances of each of them and in accordance with the Constitution of Canada;

  • (3) The fifth paragraph of the preamble to the English version of the Act is replaced by the following:

    WHEREAS other first nations of Yukon may conclude self-government agreements;

 The definition “Yukon Government” in section 2 of the Act is replaced by the following:

“Yukon Government”

« gouvernement du Yukon »

“Yukon Government” means the Commissioner of Yukon acting with the consent of the Executive Council of Yukon.

 

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