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Northern Jobs and Growth Act (S.C. 2013, c. 14)

Full Document:  

Assented to 2013-06-19

1994, c. 43Related Amendments to the Yukon Surface Rights Board Act

12. Section 10 of the Yukon Surface Rights Board Act is amended by adding the following after subsection (2):

  • Marginal note:Acting after termination of appointment

    (2.1) If the appointment of a member is terminated under subsection (2) before they have made a decision in a matter for which a hearing is held, they may, with the consent of the parties to the hearing, continue to perform their duties and functions as a member only in relation to that matter until the hearing is concluded and a decision is made. For the purpose of the appointment of a replacement, their office is deemed to be vacant as soon as their appointment is terminated under subsection (2).

13. Section 11 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Acting after expiry of term

    (2.1) If the term of a member expires before they have made a decision in a matter for which a hearing is held, they may, in accordance with the Board’s by-laws or, in the absence of an applicable provision in the by-laws, the direction of the Chairperson, continue to perform their duties and functions as a member only in relation to that matter until the hearing is concluded and a decision is made. For the purpose of the appointment of a replacement, their office is deemed to be vacant as soon as their term expires.

14. The Act is amended by adding the following after section 15:

Marginal note:Acts done in good faith

15.1 No action lies against a member or an employee of the Board for anything done or omitted to be done in good faith in the performance, or purported performance, of any function under this Act.

15. Section 18 of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph:

  • (b.1) in the case of a member whose term has expired, respecting the member’s ability to continue to perform their functions in relation to a matter for which a hearing is held; and

16. Section 23 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Audit

    (5) The auditor of the Board shall audit the accounts, financial statements and financial transactions of the Board annually and shall make a report of the audit to the Board and to the Minister.

Consequential Amendments

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

17. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Northwest Territories Surface Rights Board

    Office des droits de surface des Territoires du Nord-Ouest

R.S., c. O-7; 1992, c. 35, s. 2Canada Oil and Gas Operations Act

  • 18. (1) Subsection 5.01(2) of the Canada Oil and Gas Operations Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph:

    • (a.1) in the case of land in the Northwest Territories, an order made by the Northwest Territories Surface Rights Board under the Northwest Territories Surface Rights Board Act; and

  • Marginal note:2002, c. 10, s. 190

    (2) Subsection 5.01(3) of the Act is replaced by the following:

    • Marginal note:Exception

      (3) Subsections (1) and (2) do not apply in respect of Inuit-owned land as defined in subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act, designated land as defined in subsection 2(1) of the Northwest Territories Surface Rights Board Act or Tlicho lands, which has the same meaning as in 1.1.1 of the Tlicho Agreement as defined in subsection 2(1) of that Act.

R.S., c. P-21Privacy Act

19. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Northwest Territories Surface Rights Board

    Office des droits de surface des Territoires du Nord-Ouest

Coming into Force

Marginal note:Coming into force

20. Sections 8 and 33 to 93 of the Northwest Territories Surface Rights Board Act and section 18 of this Act come into force 24 months after the day on which this Act receives royal assent or on any earlier day that may be fixed by order of the Governor in Council.

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