Yukon Act (S.C. 2002, c. 7)

Assented to 2002-03-27

  •  (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.

 Paragraph 11(1)(b) of the Act is replaced by the following:

  • (b) the power to enact laws applicable in Yukon in relation to the matters enumerated in Part II of Schedule III; and

 Subsection 12(2) of the English version of the Act is replaced by the following:

  • Marginal note:Agreements with local governments

    (2) Where a first nation’s self-government agreement so provides, the Yukon Government or a municipal corporation in Yukon may agree to the exercise by the first nation of any of the powers referred to in subsection (1), for which that Government or corporation has responsibility, in respect of portions of settlement land identified in the agreement.

 Paragraph 14(a) of the Act is replaced by the following:

  • (a) the courts of Yukon have, subject to paragraph (b), jurisdiction in respect of laws enacted by the first nation according to the respective jurisdictions of those courts under territorial laws;

 Subsection 15(1) of the Act is replaced by the following:

Marginal note:Supreme Court of Yukon
  • 15. (1) For greater certainty and subject to section 14, the Supreme Court of Yukon has jurisdiction in respect of any action or proceeding arising out of this Act or out of a self-government agreement of a first nation named in Schedule II.

 Paragraphs 17(3)(a) and (b) of the Act are replaced by the following:

  • (a) in respect of any reserve, within the meaning of that Act, of a predecessor band of the first nation situated outside Yukon, and

  • (b) in respect of any rights, titles, interests, obligations, assets and liabilities of the predecessor band outside Yukon,

 Paragraph 25(c) 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;

 Item 5 of Part II of Schedule III to the English version of the Act is replaced by the following:

  • 5. 
    Provision of training programs for citizens of the first nation, subject to applicable certification requirements of Canada or Yukon

 Item 3 of Part IV of Schedule III to the French version of the Act is replaced by the following:

  • 3. 
    La mise en oeuvre de mesures prises en application d’un accord fiscal conclu entre la première nation et le gouvernement du Yukon.

1994, c. 43Yukon Surface Rights Board Act

Marginal note:1998, c. 5, s. 16

 Section 65 of the Yukon Surface Rights Board Act is replaced by the following:

Marginal note:Order respecting interpretation

65. In the case of a dispute respecting access to non-settlement land between the following persons, the Board shall, on application of either person, make an order interpreting a provision described in paragraph (b) in relation to the right of access for purposes of the dispute:

  • (a) a person, other than Government, who has an interest or right in the surface of the land; and

  • (b) a person, other than Government, who has, in relation to a mineral right, a right of access on the land under any provision of a law of the Legislature of Yukon identified in regulations made pursuant to paragraph 78(f).

Marginal note:1998, c. 5, s. 18

 Paragraphs 78(f) and (f.1) of the Act are replaced by the following:

  • (f) identifying, for the purposes of section 65, any provision of a law of the Legislature of Yukon that confers a right of access for purposes of the exercise of a mineral right;

COORDINATING AMENDMENTS

Marginal note:Bill S-23
  •  (1) Subsections (2) to (4) apply if Bill S-23, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Customs Act and to make related amendments to other Acts (the “other Act”), receives royal assent.

  • (2) If section 75 of the other Act comes into force before section 153 of this Act, then, on the day on which this Act receives royal assent,

    • (a) section 153 of this Act is repealed; and

    • (b) paragraph 139.1(2)(c) of the Customs Act is replaced by the following:

      • (c) in the Provinces of Nova Scotia and British Columbia, Yukon and the Northwest Territories, the Supreme Court;

  • (3) If section 75 of the other Act comes into force after section 153 of this Act, then, on the day on which that section 75 comes into force, paragraph 139.1(2)(c) of the Customs Act is replaced by the following:

    • (c) in the Provinces of Nova Scotia and British Columbia, Yukon and the Northwest Territories, the Supreme Court;

  • (4) If section 75 of the other Act and section 153 of this Act come into force on the same day, then section 75 of the other Act is deemed to have come into force after section 153 of this Act.

Marginal note:Bill C-5

 If Bill C-5, introduced in the 1st session of the 37th Parliament and entitled the Species at Risk Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 2 of this Act and section 134 of the other Act, paragraph (b) of the definition “federal conservation area” in section 2 of this Act is replaced by the following:

  • (b) public real property under the administration of a federal minister that is subject to measures imposed under the Canada Wildlife Act for the conservation of wildlife; or

Marginal note:Bill C-7

 If Bill C-7, introduced in the 1st Session of the 37th Parliament and entitled the Youth Criminal Justice Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 199 of the other Act and section 1 of this Act, the definition “offence” in subsection 2(1) of the other 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 an Act of Parliament other than an ordinance of the Northwest Territories or a law of the Legislature of Yukon or the Legislature for Nunavut.

Marginal note:Bill C-19

 If Bill C-19, introduced in the 1st session of the 37th Parliament and entitled An Act to amend the Canadian Environmental Assessment Act (the “other Act”), receives royal assent, then

  • (a) on the later of the coming into force of subsection 122(1) of this Act and subsection 1(2) of the other Act, the portion of the definition “federal authority” in subsection 2(1) of the Canadian Environmental Assessment Act after paragraph (d) is replaced by the following:

    but does not include the Legislature or an agency or body of Yukon or Nunavut, the Commissioner in Council or an agency or body of the Northwest Territories, a council of the band within the meaning of the Indian Act, The Hamilton Harbour Commissioners constituted pursuant to The Hamilton Harbour Commissioners’ Act, a harbour commission established pursuant to the Harbour Commissions Act, a Crown corporation within the meaning of the Financial Administration Act, a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act or a port authority established under that Act;

  • (b) on the later of the coming into force of subsection 122(2) of this Act and subsection 1(3) of the other Act, paragraph (a) of the definition “federal lands” in subsection 2(1) of the Canadian Environmental Assessment Act is replaced by the following:

    • (a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of Yukon, the Northwest Territories or Nunavut,

 
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