Yukon Act

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Sections337

• 1Short title

  This Act may be cited as the Yukon Act.

• 2Definitions

  The definitions in this section apply in this Act.

• 2[p2]

  adjoining area means the area outside Yukon and landward of the northern limit described in Schedule 2. (zone adjacente)

• 2[p3]

  federal agent corporation has the meaning assigned to the expression agent corporation by subsection 83(1) of the Financial Administration Act. (société mandataire fédérale)

• 2[p4]

  federal conservation area means an area that is

• 2[p4](a)

  a national park;

• 2[p4](b)

  public real property under the administration of the Minister of the Environment that is subject to measures imposed under the Canada Wildlife Act for the conservation of wildlife; or

• 2[p4](c)

  a protection area for migratory birds prescribed under the Migratory Birds Convention Act, 1994. (aire de conservation fédérale)

• 2[p8]

  former Act means the Yukon Act, chapter Y-2 of the Revised Statutes of Canada, 1985. (ancienne loi)

• 2[p9]

  gas means natural gas and all substances produced in association with natural gas, but does not include oil or coal-bed methane. (gaz)

• 2[p10]

  Minister means the Minister of Northern Affairs. (ministre)

• 2[p11]

  national park means a park and includes a park reserve as those terms are defined in subsection 2(1) of the Canada National Parks Act. (parc national)

• 2[p12]

  oil means crude petroleum, regardless of gravity, produced at a well-head in liquid form and any other hydrocarbons, except gas and coal-bed methane. It includes hydrocarbons that may be extracted or recovered from surface or subsurface deposits of oil sand, bitumen, bituminous sand or oil shale or from other types of deposits, but does not include coal. (pétrole)

• 2[p13]

  public real property means

• 2[p13](a)

  land in Yukon that belongs to Her Majesty in right of Canada, including mines and minerals, and buildings, structures, improvements and other fixtures on, above or below the surface of the land; and

• 2[p13](b)

  any estate, right, title or interest, including an easement, a servitude and a lease, held by Her Majesty in right of Canada in or to land in Yukon. (biens réels domaniaux)

• 2[p16]

  waters means any inland water, whether in a liquid or frozen state, on or below the surface of land. (eaux)

• 2[p17]

  Yukon means the territory consisting of the area described in Schedule 1. (Yukon)

• 3Repealed

  [Repealed, 2024, c. 30, s. 22]

• 4Commissioner
• 4(1)

  A Commissioner of Yukon shall be appointed by order of the Governor in Council.

• 4(2)Publication of order

  The order in council appointing the Commissioner shall be published in the Canada Gazette.

• 4(3)Repealed

  [Repealed, 2002, c. 7, s. 68]

• 5Administrator
• 5(1)

  The Governor in Council may appoint an Administrator to act as Commissioner during the Commissioner’s absence or illness or other inability or when that office is vacant.

• 5(2)Absence or inability

  The Chief Justice of the Supreme Court of Yukon may act as Administrator during the Administrator’s absence or illness or other inability or when that office is vacant.

• 6Oaths

  Before assuming office, the Commissioner and the Administrator shall take and subscribe the oath of office and the oath of allegiance prescribed by the Governor in Council.

• 7Salaries

  The salary of the Commissioner and of the Administrator shall be fixed by the Governor in Council and paid out of the Consolidated Revenue Fund of Canada.

• 8Executive Council

  The Executive Council of Yukon established under the former Act is hereby continued. Its members shall be appointed by the Commissioner.

• 9Seat of government

  The seat of the Yukon Government is at Whitehorse but the Legislature may designate another place in Yukon as the seat of government.

• 10Legislative Assembly of Yukon

  The Council established by the former Act is hereby continued as the Legislative Assembly of Yukon. Each member of the Legislative Assembly is elected to represent an electoral district in Yukon.

• 11Duration of Legislative Assembly
• 11(1)

  No Legislative Assembly shall continue for longer than five years after the date of the return of the writs for a general election, but the Commissioner may dissolve it before then.

• 11(2)Writs

  Writs for the election of members of the Legislative Assembly shall be issued on the instructions of the Commissioner.

• 12Oaths of office

  Before assuming office, each member of the Legislative Assembly shall take and subscribe before the Commissioner the oath of office prescribed by the Legislature of Yukon and the oath of allegiance set out in the Fifth Schedule to the Constitution Act, 1867.

• 13Yearly session

  The Legislative Assembly shall sit at least once every 12 months.

• 14Speaker
• 14(1)

  The Legislative Assembly shall elect one member to be Speaker, who shall preside over the Legislative Assembly when it is sitting.

• 14(2)Vote

  The Speaker may only vote in the Legislative Assembly in the case of a tie.

• 15Quorum

  A majority of the members of the Legislative Assembly, including the Speaker, constitutes a quorum.

• 16Rules of procedure

  The Legislative Assembly may make rules for its operations and procedures, except in relation to the classes of subjects with respect to which the Legislature may make laws under paragraph 18(1)(b).

• 17Legislature of Yukon

  The institution referred to in the former Act as the Commissioner in Council and which consisted of the Commissioner and the Council of the Yukon Territory is hereby continued as the Legislature of Yukon, consisting of the Commissioner and the Legislative Assembly.

• 18Legislative powers
• 18(1)

  The Legislature may make laws in relation to the following classes of subjects in respect of Yukon:

• 18(1)(a)

  the election of members of the Legislative Assembly, including the name and number of electoral districts and the qualifications of electors and of candidates for election;

• 18(1)(b)

  the disqualification of persons from sitting or voting as members of the Legislative Assembly and the privileges, indemnity and expenses of those members;

• 18(1)(c)

  the Executive Council;

• 18(1)(d)

  the establishment and tenure of public offices in Yukon and the appointment, conditions of employment and payment of office-holders;

• 18(1)(e)

  municipal and local institutions;

• 18(1)(f)

  direct taxation and licensing in order to raise revenue for territorial, municipal or local purposes;

• 18(1)(g)

  the levying of a tax on furs or any portions of fur-bearing animals to be shipped or taken from Yukon to any place outside Yukon;

• 18(1)(h)

  the incorporation of companies with territorial objects, other than railway, steamship, air transport, canal, telegraph or telephone companies, but including street railway companies;

• 18(1)(i)

  the solemnization of marriage;

• 18(1)(j)

  property and civil rights;

• 18(1)(k)

  the administration of justice, including the constitution, maintenance and organization of territorial courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts;

• 18(1)(l)

  the establishment, maintenance and management of prisons, jails or lock-ups;

• 18(1)(m)

  the conservation of wildlife and its habitat, other than in a federal conservation area;

• 18(1)(n)

  waters, other than waters in a federal conservation area, including the deposit of waste in those waters, the definition of what constitutes waste and the disposition of any right in respect of those waters under subsection 48(2);

• 18(1)(o)

  education, but any law respecting education must provide that

• 18(1)(o)(i)

  a majority of the ratepayers of any part of Yukon may establish any school in that part that they think fit and make the necessary assessment and collection of rates for it, and

• 18(1)(o)(ii)

  the minority of the ratepayers in that part of Yukon, whether Protestant or Roman Catholic, may establish separate schools in that part and, if they do so, are liable only to assessments of the rates that they impose on themselves in respect of those schools;

• 18(1)(p)

  immigration;

• 18(1)(q)

  public real property — including the timber and wood on that property — under the administration and control of the Commissioner, including the disposition of that property under subsection 45(1);

• 18(1)(r)

  intoxicants, including the definition of what constitutes an intoxicant;

• 18(1)(s)

  hospitals and charities;

• 18(1)(t)

  agriculture;

• 18(1)(u)

  the entering into of intergovernmental agreements by the Commissioner or any other official of the Yukon Government;

• 18(1)(v)

  the expenditure of money for territorial purposes;

• 18(1)(w)

  the adoption and use of an official seal;

• 18(1)(x)

  generally, all matters of a merely local or private nature;

• 18(1)(y)

  the imposition of fines, penalties, imprisonment or other punishments in respect of the contravention of the provisions of a law of the Legislature; and

• 18(1)(z)

  any other matter that may be designated by order of the Governor in Council.

• 18(2)Oil and gas in adjoining area

  The Legislature may make laws in relation to the classes of subjects described in subsection (1) in respect of oil and gas in the adjoining area.

• 18(3)Importation of intoxicants

  The Legislature may make laws relating to the importation of intoxicants into Yukon from any other place in Canada or elsewhere and defining what constitutes an intoxicant for the purposes of those laws.

• 19Laws relating to natural resources
• 19(1)

  The Legislature may make laws in relation to

• 19(1)(a)

  the exploration for non-renewable natural resources in Yukon and oil and gas in the adjoining area;

• 19(1)(b)

  the development, conservation and management of non-renewable natural resources in Yukon, oil and gas in the adjoining area and forestry resources in Yukon, including laws in relation to the rate of primary production from those resources;

• 19(1)(c)

  oil and gas pipelines located entirely within Yukon;

• 19(1)(d)

  the development, conservation and management of sites and facilities in Yukon for the generation and production of electrical energy;

• 19(1)(e)

  the export, from Yukon to another part of Canada, of the primary production from non-renewable natural resources and forestry resources in Yukon, and of electrical energy generated or produced from facilities in Yukon; and

• 19(1)(f)

  the export, from the adjoining area to another part of Canada, of the primary production from oil and gas in that area.

• 19(2)Export of natural resources

  Laws made under paragraph (1)(e) or (f) may not authorize or provide for discrimination in prices or in supplies exported.

• 19(3)Taxation of natural resources

  The Legislature may make laws in relation to the raising of money by any mode of taxation in respect of resources referred to in paragraph (1)(b) and primary production from those resources and in respect of sites and facilities referred to in paragraph (1)(d) and the production of electrical energy from them. The Legislature may make such laws whether or not the production is exported, in whole or in part, from Yukon or, in the case of oil and gas from the adjoining area, from that area.

• 19(4)No differentiation based on place of export

  A law made under subsection (3) may not authorize or provide for taxation that differentiates between production that is not exported and that which is exported to another part of Canada.

• 19(5)Definition of primary production

  In this section, primary production means

• 19(5)(a)

  production from a non-renewable natural resource if

• 19(5)(a)(i)

  the product is in a form in which the resource exists on its recovery or severance from its natural state, or

• 19(5)(a)(ii)

  the product is a product that results from processing or refining the resource, and is not a manufactured product or a product that results from refining crude oil, upgraded heavy crude oil, gases or liquids derived from coal, or a synthetic equivalent of crude oil; and

• 19(5)(b)

  production from a forestry resource if the product consists of sawlogs, poles, lumber, wood chips, sawdust or any other primary wood product, or wood pulp, and is not a product manufactured from wood.

• 19(6)Existing powers or rights

  Nothing in subsections (1) to (5) derogates from any powers or rights that the Legislature has under any other provision of this Act.

• 20Restrictions on powers
• 20(1)

  Nothing in subsections 18(1) and (2) and section 19 shall be construed as giving the Legislature greater powers than are given to legislatures of the provinces under sections 92, 92A and 95 of the Constitution Act, 1867.

• 20(2)Water-power

  Despite subsections 18(1) and (2) and section 19, the Legislature may not make laws in respect of the right to the use and flow of waters for the production or generation of water-power to which the Dominion Water Power Act applies.

• 21Agreement implementation Acts

  Despite subsection 20(1), the Legislature may, in exercising its powers under sections 18 and 19 for the purpose of implementing aboriginal land claim agreements or aboriginal self-government agreements, make laws that are in relation to the matters coming within class 24 of section 91 of the Constitution Act, 1867.

• 22Laws re conservation of wildlife
• 22(1)

  Despite subsection 20(1), any law of the Legislature in relation to the conservation of wildlife, unless the contrary intention appears in it, applies to and in respect of Indians and Inuit.

• 22(2)Hunting for food

  Nothing in paragraph 18(1)(m) or subsection (1) shall be construed as authorizing the Legislature to make laws restricting or prohibiting Indians and Inuit from hunting for food on unoccupied public real property, other than a species that is declared by order of the Governor in Council to be in danger of becoming extinct. This subsection does not apply to laws that implement the Agreement given effect by the Western Arctic (Inuvialuit) Claims Settlement Act.

• 22(3)Cessation of application

  After a final agreement referred to in section 4 or 5 of the Yukon First Nations Land Claims Settlement Act is given effect by or under that Act, subsection (2) does not apply in respect of persons eligible to be enrolled under the agreement or the traditional territory identified in it.

• 23Borrowing and lending
• 23(1)

  The Legislature may make laws

• 23(1)(a)

  for the borrowing of money by the Commissioner on behalf of Yukon for territorial, municipal or local purposes;

• 23(1)(b)

  for the lending of money by the Commissioner to any person in Yukon; and

• 23(1)(c)

  for the investing by the Commissioner of surplus money standing to the credit of the Yukon Consolidated Revenue Fund.

• 23(2)Restriction

  The aggregate of all borrowings must not exceed the maximum amount set under subsection (4).

• 23(3)Charge on Yukon C.R.F.

  The repayment of money borrowed under a law made under paragraph (1)(a), and the payment of interest on that money, is a charge on and payable out of the Yukon Consolidated Revenue Fund.

• 23(4)Maximum amount — borrowings

  The Governor in Council may, on the recommendation of the Minister of Finance, set the maximum amount of the aggregate of all borrowings.

• 23(5)Regulations

  The Governor in Council may, on the recommendation of the Minister of Finance, make regulations respecting borrowings for the purposes of subsections (2) and (4), including regulations respecting

• 23(5)(a)

  what constitutes, or is deemed to constitute, borrowing;

• 23(5)(b)

  the entities, or classes of entities, whose borrowings must be taken into account; and

• 23(5)(c)

  the manner in which the value of a borrowing is determined.

• 24Withholding of assent
• 24(1)

  The Governor in Council may, in writing, direct the Commissioner to withhold his or her assent to a bill that has been introduced in the Legislative Assembly.

• 24(2)Consent of Governor in Council

  A bill in respect of which a direction has been given may not become law without the Governor in Council’s assent, which assent may not be given later than one year after the day on which the bill is adopted by the Legislative Assembly.

• 25Transmittal of laws
• 25(1)

  A copy of every law made by the Legislature shall be transmitted by the Clerk of the Legislative Assembly to the Governor in Council within 30 days after it is made.

• 25(2)Disallowance

  The Governor in Council may disallow any law made by the Legislature or any provision of any such law at any time within one year after it is made.

• 26Conflicting laws

  In the event of a conflict between a law of the Legislature and a federal enactment, the federal enactment prevails to the extent of the conflict.

• 27Official languages
• 27(1)

  The ordinance entitled the Languages Act made on May 18, 1988 under the former Act and any successor to it may not be repealed, amended or otherwise rendered inoperable by the Legislature without the concurrence of Parliament by way of an amendment to this Act.

• 27(2)Additional rights and services

  Nothing in subsection (1) shall be construed as preventing the Commissioner or any other public officer or the Legislature or any other institution of the Yukon Government — whether by amending the ordinance referred to in that subsection, without the concurrence of Parliament, or by any other means — from granting rights in respect of, or providing services in, English and French or any languages of the aboriginal peoples of Canada in addition to the rights and services provided for in that ordinance.

• 28Establishment of fund
• 28(1)

  All public moneys and revenue over which the Legislature has the power of appropriation shall form a fund to be known as the Yukon Consolidated Revenue Fund.

• 28(2)Establishment of bank accounts

  The member of the Executive Council designated for that purpose by a law of the Legislature shall establish, in the name of the Yukon Government, accounts with banks, or authorized foreign banks within the meaning of section 2 of the Bank Act that are not subject to the restrictions and requirements referred to in subsection 524(2) of that Act, in respect of their business in Canada, that the member designates for the deposit of public moneys and revenue.

• 29Recommendation of Commissioner

  It is not lawful for the Legislative Assembly to adopt or pass any vote, resolution, address or bill for the appropriation of any part of the public revenue, or of any tax, for any purpose that has not been first recommended to the Legislative Assembly by message of the Commissioner, in the session in which the vote, resolution, address or bill is proposed.

• 30Appropriation of moneys granted by Parliament

  When a sum of money is granted to Her Majesty in right of Canada by Parliament to defray expenses for a specified public service in Yukon, the power of appropriation by the Legislature over that sum is subject to the specified purpose for which it is granted.

• 31Fiscal year

  The Yukon Government’s fiscal year is the period beginning on April 1 in one year and ending on March 31 in the next year.

• 32Submission of Yukon Public Accounts to Legislative Assembly

  The Commissioner, with the consent of the Executive Council, shall, on or before such day of the fiscal year as the Legislative Assembly may fix, lay before the Legislative Assembly a report called the Yukon Public Accounts for the preceding fiscal year and the Legislative Assembly shall consider the report.

• 33Form and contents

  The Yukon Public Accounts shall be prepared in any form that the Commissioner, with the consent of the Executive Council, directs. They shall be prepared in accordance with accounting principles recommended for the public sector by the Chartered Professional Accountants of Canada or its successor and shall include

• 33(a)

  consolidated financial statements for the Yukon Government that present

• 33(a)(i)

  the financial position as at the end of the fiscal year,

• 33(a)(ii)

  the accumulated surplus or deficit as at the end of the fiscal year,

• 33(a)(iii)

  the results of its operations for the fiscal year, and

• 33(a)(iv)

  the changes in the financial position for the fiscal year;

• 33(b)

  the opinion of the Auditor General of Canada referred to in subsection 34(1); and

• 33(c)

  any other information or statements that are required in support of the consolidated financial statements by or under any law of the Legislature.

• 34Annual audit
• 34(1)

  The Auditor General of Canada 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 Chartered Professional Accountants of Canada or its successor and shall express his or her opinion as to whether

• 34(1)(a)

  the consolidated financial statements present fairly, in all material respects and in accordance with accounting principles recommended for the public sector by that organization or its successor, the financial position of the Yukon Government as at the end of the fiscal year and the results of its operations in, and changes in its financial position for, the fiscal year; and

• 34(1)(b)

  the transactions of the Yukon Government that have come to the notice of the Auditor General in the course of the audit are within the powers of the Yukon Government under this or any other Act.

• 34(2)Report

  The Auditor General shall report to the Legislative Assembly any matter falling within the scope of the audit that, in his or her opinion, should be reported to the Assembly.

• 35Supplementary report

  The Auditor General of Canada 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

• 35(a)

  accounts have not been faithfully and properly maintained or public money has not been fully accounted for or paid, where so required by law, into the Yukon Consolidated Revenue Fund;

• 35(b)

  essential records have not been maintained or the rules and procedures applied have been insufficient to safeguard and control public property, to secure an effective check on the assessment, collection and proper allocation of the revenue and to ensure that expenditures have been made only as authorized;

• 35(c)

  money has been expended for purposes other than those for which it was appropriated by the Legislature or has been expended without due regard to economy or efficiency; or

• 35(d)

  satisfactory procedures have not been established to measure and report the effectiveness of programs, where such procedures could appropriately and reasonably be implemented.

• 36Inquiry and report

  At the request of the Commissioner, made with the consent of the Executive Council, the Auditor General of Canada 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

• 36(a)

  any matter relating to the financial affairs of the Yukon Government or to public property in Yukon; or

• 36(b)

  any person or organization that has received or is seeking financial aid from the Yukon Government.

• 37Powers of Auditor General
• 37(1)

  For the purposes of carrying out the Auditor General of Canada’s functions under this Act, the Auditor General has all the powers that he or she has under the Auditor General Act.

• 37(2)Access to information

  Except as provided by any law made by the Legislature that expressly refers to this subsection, the Auditor General 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 the public service of Yukon any information, reports and explanations that he or she considers necessary for that purpose.

• 38Appointment of judges

  The Governor in Council shall appoint the judges of any superior, district or county courts that are now or may be constituted in Yukon.

• 39Tenure of office of judges

  The judges of the superior, district and county courts in Yukon shall hold office during good behaviour but are removable by the Governor General on address of the Senate and House of Commons and shall cease to hold office on attaining the age of 75 years.

• 40Judges of the Supreme Court of Yukon

  A judge, other than a deputy judge, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice is, by reason of holding that office, a judge of the Supreme Court of Yukon.

• 41Deputy judges
• 41(1)

  The Governor in Council may appoint any person who is or has been a judge of a superior, district or county court of a province or a barrister or advocate of at least 10 years standing at the bar of a province to be a deputy judge of the Supreme Court of Yukon and fix his or her remuneration and allowances.

• 41(2)Duration of appointment

  A deputy judge may be appointed for any particular case or cases or for any specified period.

• 41(3)Tenure of office

  A deputy judge holds office during good behaviour but is removable by the Governor General on address of the Senate and House of Commons.

• 41(4)Powers

  A deputy judge shall be sworn to the faithful performance of his or her duties in the same manner as a judge of the Supreme Court of Yukon and, during his or her appointment, temporarily has and may exercise and perform all the powers, duties and functions of a judge of the Court.

• 42Jurisdiction to try civil cases

  The Supreme Court of Yukon has and may exercise and perform, in the Northwest Territories or Nunavut, all the powers, duties and functions of the Court with respect to a civil case, other than a civil case where the Court sits with a jury.

• 43Jurisdiction to try criminal cases
• 43(1)

  A judge of the Supreme Court of Yukon has and may exercise and perform, anywhere in Canada, all the powers, duties and functions of the Court with respect to any criminal offence committed or charged to have been committed in Yukon.

• 43(2)Application of laws

  All laws applicable to criminal proceedings in Yukon apply in like manner to proceedings held under this section at any other place in Canada.

• 43(3)Enforcement of decisions

  Any judgment, conviction, sentence or order pronounced or made in any proceedings held under this section outside Yukon may be enforced or executed at the place at which it is pronounced or made or elsewhere, either in or outside Yukon, as a judge of the Supreme Court of Yukon may direct, and the proper officers of Yukon have and may exercise all powers and authority necessary for the enforcement or execution of it at the place where it is directed to be enforced or executed, notwithstanding that the place is not in Yukon.

• 44Sittings

  The Court of Appeal of Yukon may sit in Yukon and, unless the laws of the Legislature provide otherwise, in any other place in Canada.

• 45Commissioner
• 45(1)

  Subject to this Act and section 37 of the Northern Pipeline Act, the Commissioner has the administration and control of public real property and of oil and gas in the adjoining area and may, with the consent of the Executive Council, use, sell or otherwise dispose of that property, or any products of that property, that oil or gas, or any interest in that oil or gas, and retain the proceeds of the disposition.

• 45(2)Exception

  The Governor in Council shall, on the date of the coming into force of subsection (1), list public real property that is excluded from the administration and control of the Commissioner.

• 45(3)Public real property acquired on behalf of a federal minister

  If the entire or any lesser interest in land that is not public real property is acquired on behalf of a federal minister or federal agent corporation, the interest is not under the administration and control of the Commissioner.

• 46Relinquishment
• 46(1)

  The Commissioner may, with the consent of the Executive Council and with the approval of the Governor in Council, relinquish the administration and control of public real property or any interest in oil and gas in the adjoining area, either in perpetuity or for any lesser term.

• 46(2)Administration of relinquished interest

  The instrument indicating the Governor in Council’s approval must identify the federal minister or federal agent corporation that will have the administration of the relinquished public real property or interest.

• 47Transfer to Commissioner

  The Governor in Council may, on acceptance by the Commissioner given with the consent of the Executive Council, transfer to the Commissioner, either in perpetuity or for any lesser term, the administration and control of public real property or any interest in oil and gas in the adjoining area.

• 48Right to waters vested in Her Majesty
• 48(1)

  The rights in respect of all waters in Yukon belong to Her Majesty in right of Canada.

• 48(2)Commissioner

  Subject to this Act, the Commissioner has the administration and control of all rights in respect of waters in Yukon — other than waters in a federal conservation area — and, with the consent of the Executive Council, may exercise those rights or sell or otherwise dispose of them and may retain the proceeds of the disposition.

• 48(3)Limitations

  Subsections (1) and (2) are subject to any rights granted by or under an Act of Parliament in respect of waters.

• 48(4)Dominion Water Power Act

  Subsection (2) does not apply to the right to the use and flow of waters for the production or generation of water-power to which the Dominion Water Power Act applies.

• 49Taking of administration by Governor in Council
• 49(1)

  The Governor in Council, on the recommendation of the Minister, may take from the Commissioner the administration and control of public real property and transfer the administration of the property to a federal minister or a federal agent corporation if the Governor in Council considers it necessary to do so for

• 49(1)(a)

  the national interest, including

• 49(1)(a)(i)

  national defence or security,

• 49(1)(a)(ii)

  the establishment, or changes to the boundaries, of a national park, historic site or other area protected under an Act of Parliament, and

• 49(1)(a)(iii)

  the creation of the infrastructure required for initiatives in respect of transportation or energy;

• 49(1)(b)

  the welfare of Indians and Inuit; or

• 49(1)(c)

  the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement.

• 49(2)Taking of administration — adjoining area

  The Governor in Council, on the recommendation of the Minister, may take from the Commissioner the administration and control of any interest in oil and gas in the adjoining area for the purpose of the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement and transfer the administration of that interest to a federal minister or a federal agent corporation.

• 49(3)Consultation

  The Minister, before recommending the taking of the administration and control, other than for a purpose related to national defence or security, shall consult the member of the Executive Council responsible for the public real property, or in the case of the adjoining area, the oil and gas.

• 50Prohibition 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

• 50(1)(a)

  before the administration and control of the property is taken under paragraph 49(1)(a) or (b); or

• 50(1)(b)

  for the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement.

• 50(2)Prohibition order — lands in adjoining area

  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

• 50(2)(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;

• 50(2)(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

• 50(2)(c)

  the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement.

• 51Prohibition order — waters in Yukon

  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

• 51(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

• 51(b)

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