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Yukon Act (S.C. 2002, c. 7)

Assented to 2002-03-27

 Section 37 of this Act is replaced by the following:

Marginal note:Access to information
  • 37. (1) Except as provided by any law made by the Legislature that expressly refers to this subsection, the Auditor General of Yukon is entitled to free access at all convenient times to information that relates to the fulfilment of his or her responsibilities and is entitled to require and receive from members of the public service of Yukon any information, reports and explanations that he or she considers necessary for that purpose.

  • Marginal note:Stationing of officers in departments

    (2) In order to carry out his or her duties more effectively, the Auditor General may station any person employed in his or her office in any portion of the public service of Yukon, and the Yukon Government shall provide the necessary office accommodation for that person.

  • Marginal note:Oath of secrecy

    (3) The Auditor General shall require every person employed in his or her office who is to examine, pursuant to this Act, the accounts of a portion of the public service of Yukon or of a corporation that is expressly declared under any law of the Legislature to be an agent of the Yukon Government to comply with any security requirements applicable to, and to take any oath of secrecy required to be taken by, persons employed in that public service or that corporation.

  • Marginal note:Powers of Auditor General

    (4) The Auditor General may, for the purpose of auditing the accounts of Yukon, in the same manner and to the same extent as a court of record, summon and enforce the attendance of witnesses and compel them to give oral and written evidence on oath and to produce such documents and things as the Auditor General considers necessary for a full review.

Marginal note:Auditor General may request information
  • 37.1 (1) The Auditor General of Yukon may request a corporation that is expressly declared under any law of the Legislature to be an agent of the Yukon Government to obtain and furnish such information and explanations from its present or former directors, officers, employees, agents and auditors or those of any of its subsidiaries as are, in the Auditor General’s opinion, necessary to fulfil his or her responsibilities.

  • Marginal note:Direction of the Commissioner

    (2) If, in the opinion of the Auditor General, a corporation fails to provide any or sufficient information or explanations in response to a request made under subsection (1), the Auditor General may so advise the Commissioner. The Commissioner may then, with the consent of the Executive Council, direct the officers of the corporation to give the Auditor General such information and explanations and access to any records, documents, books, accounts and vouchers of the corporation or any of its subsidiaries as is, in the opinion of the Auditor General, necessary to fulfil his or her responsibilities.

  • Marginal note:Reliance on audit reports of corporations

    (3) In order to fulfil his or her responsibilities, the Auditor General may rely on the report of a duly appointed auditor of a corporation referred to in subsection (1) or of any subsidiary of that corporation.

Marginal note:Appointment of officers, etc.
  • 37.2 (1) The Auditor General of Yukon shall appoint, in accordance with the laws of the Legislature governing employment in the public service of Yukon, such officers and employees as are necessary to enable him or her to perform the Auditor General’s duties.

  • Marginal note:Suspension or dismissal

    (2) The Auditor General may, in accordance with the laws referred to in subsection (1), suspend or dismiss from the performance of his or her duty any person employed in the Auditor General’s office.

  • Marginal note:Contract for professional services

    (3) The Auditor General may, within the total dollar limitations established for his or her office in appropriation laws, contract for professional services.

  • Marginal note:Delegation

    (4) The Auditor General may delegate any of his or her powers under this section to any person or organization that under a law of the Legislature is responsible for the management of the public service of Yukon.

Marginal note:Designation

37.3 The Auditor General of Yukon may designate a member of his or her staff to sign on the Auditor General’s behalf any opinion that he or she is required to give and any report other than a report to the Legislative Assembly, and any member so signing an opinion or report shall indicate beneath his or her signature his or her position in the office of the Auditor General and the fact that he or she is signing on behalf of the Auditor General.

Marginal note:Special report

37.4 The Auditor General of Yukon may make a special report to the Legislative Assembly if he or she is of the opinion that

  • (a) the amounts provided for his or her office in the estimates are inadequate to enable the Auditor General to fulfil his or her responsibilities; or

  • (b) the laws of the Legislature governing employment in the public service of Yukon may undermine the independence of the Office of the Auditor General or otherwise interfere with the performance of his or her duties.

  •  (1) Section 55 of this Act is repealed on the day on which the National Energy Board gives leave to open the last section or part of the pipeline referred to in the Northern Pipeline Act.

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

AMENDMENTS TO OTHER ACTS

R.S., c. A-1Access to Information Act

Marginal note:1994, c. 43, s. 80

 Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:

  • Yukon Surface Rights Board

    Office des droits de surface du Yukon

Marginal note:

 Schedule I to the Act is amended by striking out the following under the heading “Other Government Institutions”:

  • Yukon Territory Water Board

    Office des eaux du territoire du Yukon

R.S., c. A-2Aeronautics Act

Marginal note:1999, c. 3, s. 13

 Paragraph (e) of the definition “superior court” in subsection 3(1) of the English version of the Aeronautics Act is replaced by the following:

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

R.S., c. A-12Arctic Waters Pollution Prevention Act

Marginal note:1992, c. 40, s. 49

 The definition “analyst” in section 2 of the Arctic Waters Pollution Prevention Act is replaced by the following:

“analyst”

« analyste »

“analyst” means a person designated as an analyst pursuant to the Canada Water Act or the Northwest Territories Waters Act;

1991, c. 46Bank Act

Marginal note:1999, c. 3, s. 14

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

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

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 5)

 The definition “agency” in subsection 427(5) of the English version of the Act is replaced by the following:

“agency”

« agence »

“agency” means, in a province, the office of the Bank of Canada or its authorized representative but does not include its Ottawa office, and in Yukon, the Northwest Territories and Nunavut means the office of the clerk of the court of each of those territories respectively;

R.S., c. B-3; 1992, c. 27, s. 2Bankruptcy and Insolvency Act

Marginal note:1999, c. 3, s. 15

 Paragraph 183(1)(h) of the Bankruptcy and Insolvency Act is replaced by the following:

  • (h) in Yukon, the Supreme Court of Yukon, in the Northwest Territories, the Supreme Court of the Northwest Territories, and in Nunavut, the Nunavut Court of Justice.

Marginal note:1993, c. 28, s. 78 (Sch. III, s. 7)

 Paragraph 184(c) of the Act is replaced by the following:

  • (c) in Yukon, the Commissioner of Yukon,

 Section 242 of the Act is replaced by the following:

Marginal note:Coming into force

242. This Part shall come into force in the Province of Ontario, Quebec, New Brunswick or Newfoundland or in Yukon only on the issue, at the request of the lieutenant governor in council of that Province or the Commissioner of Yukon, of a proclamation by the Governor in Council declaring it to be in force in that Province or territory.

R.S., c. B-6Boards of Trade Act

Marginal note:

 Paragraph (b) of the definition “district” in section 2 of the Boards of Trade Act is replaced by the following:

  • (b) in the Province of British Columbia and in Yukon, any mining division, or any tract of country described as extending to certain specified distances and in certain specified directions from any stated point, within and for which a board of trade is established.

 Subsection 3(1) of the Act is replaced by the following:

Marginal note:Persons who may form a board of trade
  • 3. (1) Any number of persons, not fewer than thirty, who are merchants, traders, brokers, mechanics, manufacturers, managers of banks or insurance agents, carrying on business in, or resident in, a district that has a population of not less than two thousand five hundred, or in the Province of British Columbia or in Yukon not less than one thousand five hundred, may associate themselves together as a board of trade and appoint a secretary.

 
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