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Yukon Act (S.C. 2002, c. 7)

Assented to 2002-03-27

Marginal note:Validity of laws of Legislature

 A law of the Legislature that specifically provides that it applies to matters governed by an Act of Parliament that is repealed by any of sections 281 to 284 or made inapplicable by any of sections 238 to 247 is considered for all purposes to have been validly made if it is made before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”

 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
  •  (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
  •  (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

 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
  •  (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.

AMENDMENTS TO THIS ACT

 Subsection 4(3) of this Act is repealed on the day that is 10 years after the day on which that subsection comes into force.

  •  (1) Subsection 22(1) of this Act is renumbered as section 22 and subsections 22(2) and (3) are repealed on the first day on which the final agreements of all first nations, within the meaning of the Yukon First Nations Land Claims Settlement Act, chapter 34 of the Statutes of Canada, 1994, are in effect.

  • (2) The Minister shall publish a notice of that day in the Canada Gazette.

 Paragraph 33(b) of this Act is replaced by the following:

  • (b) the opinion of the Auditor General of Yukon referred to in subsection 34(1); and

 This Act is amended by adding the following after section 33:

Auditor General of Yukon

Marginal note:Appointment of Auditor General
  • 33.1 (1) The Commissioner, with the consent of the Executive Council, shall appoint a qualified auditor as the Auditor General of Yukon.

  • Marginal note:Terms of appointment

    (2) The Auditor General of Yukon shall hold office during good behaviour for a term of 10 years, but may be removed by the Commissioner on address of the Legislative Assembly.

  • Marginal note:Appointment of Auditor General of Canada

    (3) The Auditor General of Canada may act as Auditor General of Yukon if the Auditor General of Canada is of the opinion that it will not interfere with his or her primary responsibilities. Sections 33.2, 37.2 and 37.4 do not apply if the Auditor General of Canada acts as Auditor General of Yukon.

Marginal note:Pension benefits

33.2 The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Auditor General of Yukon.

Marginal note:Duties

33.3 The Auditor General of Yukon shall make such examinations and inquiries as the Auditor General considers necessary to enable him or her to report as required by this Act.

 The portion of subsection 34(1) of this Act before paragraph (a) is replaced by the following:

Marginal note:Annual audit
  • 34. (1) The Auditor General of Yukon shall audit the accounts, including those related to the Yukon Consolidated Revenue Fund, and financial transactions of the Yukon Government in each fiscal year in accordance with auditing standards recommended by the Canadian Institute of Chartered Accountants or its successor and shall express his or her opinion as to whether

 The portion of section 35 of this Act before paragraph (a) is replaced by the following:

Marginal note:Supplementary report

35. The Auditor General of Yukon may, at any time, inquire into and submit a supplementary report to the Legislative Assembly about any matter relating to the activities of the Yukon Government, including whether

 The portion of section 36 of this Act before paragraph (a) is replaced by the following:

Marginal note:Inquiry and report

36. At the request of the Commissioner, made with the consent of the Executive Council, the Auditor General of Yukon may, if in his or her opinion it does not interfere with the Auditor General’s primary responsibilities, inquire into and report to the Legislative Assembly on

 
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