Marginal note:Prohibition order — public real property in Yukon

• 50. (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.

Marginal note:Prohibition order — waters in Yukon

51. The Governor in Council, on the recommendation of the Minister, may by order prohibit any use of waters in Yukon specified in the order, or the deposit of waste directly or indirectly into those waters, if the Governor in Council considers

• (a) that the use, or the deposit of waste, would be incompatible with or would interfere with a particular undertaking that is in the national interest; or

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

Marginal note:Procedure

• 52. (1) The Minister shall, before an order under section 50 is made, notify the member of the Executive Council who is responsible for the public real property or, in the case of the adjoining area, the oil or gas that is the subject of the order and shall, before an order under section 51 is made, notify the member of the Executive Council who is responsible for water resources.

• Marginal note:Publication

  (2) After notification is given and at least 60 days before an order is made, the Minister shall publish in the Canada Gazette and in a newspaper that, in the opinion of the Minister, has a large circulation in Yukon notice of the proposed order. The order may not be made more than 120 days after the notice is published in the Canada Gazette.

• Marginal note:Interim prohibition

  (3) The prohibition takes effect before an order is made under section 50 or 51 on publication of the notice of the proposed order in the Canada Gazette and continues for a period of 120 days unless, during that period, the Minister publishes in the Canada Gazette notice of the Minister’s intention not to recommend the proposed order. The Minister shall also publish during that period the notice of the Minister’s intention in a newspaper that, in the opinion of the Minister, has a large circulation in Yukon.

• Marginal note:Consideration of representations

  (4) Before the Minister recommends that an order be made, the Minister shall consider any representations received within 60 days after the date of publication of the notice of the proposed order in the Canada Gazette.

• Marginal note:If proposed order varied

  (5) No further notice need be given under subsections (1) and (2) if the scope of application of the order is reduced to cover a smaller area or fewer activities than set out in the notice of the proposed order.

Marginal note:Duration of prohibition orders

53. A prohibition order made under section 50 or 51 may not be made for a period that exceeds five years.

EXERCISE OF FEDERAL POWERS

Marginal note:Adjoining area

54. The Government of Canada, including its agencies, shall exercise any powers in respect of the management of lands in the adjoining area in a manner consistent with the powers of the Yukon Government, including its agencies, in respect of oil and gas in that area to the extent that the objectives of the Government of Canada in so exercising its powers are not compromised.

Marginal note:Northern pipeline

• 55. (1) Despite the laws of the Legislature, the minister responsible for the Northern Pipeline Act may grant, with or without conditions, an application made to a person or entity required by a law of the Legislature to hold a public hearing on the matter if the application is

  • (a) for rights or renewal of rights in respect of waters for the purpose of constructing the pipeline referred to in that Act; or

  • (b) for permission to expropriate lands or any interest in lands for the purposes of that pipeline if the application is made by a person who holds or has applied for the water rights described in paragraph (a).

• Marginal note:Application of subsection (1)

  (2) Subsection (1) applies only if the public hearing does not begin within six months after the application is made or is not completed within 60 days after the hearing begins or a decision is not given within 45 days after the completion of the hearing.

• Marginal note:Consultation required

  (3) The minister may only grant the application after consultation with the person or entity required to hold the public hearing.

• Marginal note:Effect of exercise of power

  (4) A decision of the minister to grant an application under subsection (1) is deemed to have been made under the laws of the Legislature.

LEGISLATIVE AMENDMENT

Marginal note:Consultation re bills

• 56. (1) Before a bill that amends or repeals this Act is introduced in the House of Commons by a federal minister, the Minister shall consult with the Executive Council with respect to the proposed amendment or repeal.

• Marginal note:Assembly may recommend amendments

  (2) The Legislative Assembly may make any recommendations to the Minister that it considers appropriate with respect to the amendment or repeal of this Act.

TRANSITIONAL PROVISIONS

Marginal note:Commissioner

57. The Commissioner, within the meaning of the former Act, who is in office immediately before the coming into force of section 4 shall continue in office according to the terms of his or her appointment.

Marginal note:Duration of Council

58. Despite section 11, the members of the Council, within the meaning of the former Act, that are in office immediately before the coming into force of section 10 shall continue in office as members of the Legislative Assembly for the remainder of the period provided under subsection 9(3) of the former Act, but the Commissioner may dissolve the Legislative Assembly before then.

Marginal note:Existing rights and interests

• 59. (1) The laws of the Legislature apply with respect to 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 coming into force of any provision of this Act that repeals or renders inapplicable the provision of an Act of Parliament under which the right or interest arises.

• Marginal note:Limitation — additional conditions

  (2) A law of the Legislature may only provide, in respect of a right or interest described in subsection (1), for additional conditions in respect of the exercise of the right or interest if those conditions are applicable to all similar rights or interests.

• Marginal note:Limitation — cancellation, etc.

  (3) A law of the Legislature may only provide, in respect of a right or interest described in subsection (1), for the cancellation, suspension or limitation of the right or interest if

  • (a) the circumstances for the cancellation, suspension or limitation of the right or interest are identical to those that would have applied before the coming into force of a provision described in subsection (1); or

  • (b) the cancellation, suspension or limitation of the right or interest is for a failure to comply with a condition in respect of the exercise of the right or interest and the law applies to all similar rights or interests.

  However, paragraph (b) does not apply to claims as defined in the Yukon Placer Mining Act, chapter Y-3 of the Revised Statutes of Canada, 1985, or the Yukon Quartz Mining Act, chapter Y-4 of the Revised Statutes of Canada, 1985.

• Marginal note:Limitation — expropriation

  (4) A law of the Legislature may only provide, in respect of a right or interest described in subsection (1), for the expropriation of the right or interest if the holder of that right or interest is compensated under that law.

• Marginal note:Exception — claims

  (5) Subsection (2), paragraph (3)(a) and subsection (4) apply to claims described in subsection (3) that are renewed in conformity with the laws of the Legislature.

• Marginal note:Exception — rights and interests under the former Act

  (6) Subsections (2) to (4) do not apply to rights or interests arising under the former Act.

Marginal note:Reference to Government of Canada

60. Any reference to the Government of Canada, or any of its agents, in an access order, permit, licence or other authorization, lease or agreement for lease or sale referred to in subsection 59(1) shall be read as a reference to the Yukon Government.

Marginal note:Pending applications

• 61. (1) Every proceeding with respect to a right or interest granted under an access order, permit, licence or other authorization, lease or agreement for lease or sale that is commenced before the coming into force of any provision of this Act that repeals or renders inapplicable the provision of an Act of Parliament under which the right or interest arises shall be taken up and continued under and in conformity with the laws of the Legislature without any further formality.

• Marginal note:Exception

  (2) Subsection (1) does not apply to civil or criminal proceedings before a court.

Marginal note:Validity of laws of Legislature

62. A law of the Legislature that specifically provides that it applies to matters governed by an Act of Parliament that is repealed by any of sections 281 to 284 or made inapplicable by any of sections 238 to 247 is considered for all purposes to have been validly made if it is made before the coming into force of that section and would have been validly made, if made after that coming into force. However, it has no force and effect before that coming into force.

Definition of “Agreement”

63. In sections 64 to 67, “Agreement” means the Yukon Northern Affairs Program Devolution Transfer Agreement made on October 29, 2001.

Marginal note:Indemnification by Yukon

• 64. (1) The Yukon Government shall indemnify the Government of Canada, 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 Government of Canada, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the Government of Canada, or any of its employees or agents, arising out of any act or omission of the Yukon Government, or any of its employees or agents, in respect of

  • (a) public real property not under the administration and control of the Commissioner immediately before the coming into force of this section or water rights, if the act or omission occurs while the Commissioner has administration and control of the property or rights;

  • (b) 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 after that date;

  • (c) security that is assigned to the Yukon Government under the Agreement;

  • (d) records provided under the Agreement to the Yukon Government, unless the act or omission is made pursuant to the Agreement; or

  • (e) remediation work required by the Agreement.

• Marginal note:Indemnification respecting obligations to employees of Canada

  (2) The Yukon Government shall indemnify the Government of Canada, 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 Government of Canada, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the Government of Canada, or any of its employees or agents, arising out of a failure by the Yukon Government, or any of its employees or agents, to meet the obligations of the Yukon Government under the Agreement in respect of employees of the Government of Canada.

• Marginal note:Indemnification of first nations

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

Marginal note:Indemnification by Canada

• 65. (1) 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 any act or omission of the Government of Canada, or any of its employees or agents, in respect of

  • (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.

• Marginal note:Indemnification 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.

• Marginal note:Indemnification 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.

Marginal note:Limitation on indemnification

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.

Marginal note: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.

• Marginal note: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.