Yukon

CHAPTER Y-2

An Act respecting the Yukon Territory

SHORT TITLE

1. This Act may be cited as the Yukon Act.

INTERPRETATION

2. In this Act,

PART I

GOVERNMENT

Commissioner

3. The Governor in Council may appoint for the Territory a chief executive officer called the Commissioner of the Yukon Territory.

4. The Commissioner shall administer the government of the Territory under instructions given by the Governor in Council or the Minister.

5. The Governor in Council may appoint an Administrator to execute the office and functions of the Commissioner during his absence or illness or other inability or when the office of Commissioner is vacant.

6. The Commissioner and every Administrator appointed under this Act shall, before assuming the duties of his office, take and subscribe such oaths of office and allegiance in such manner as the Governor in Council may prescribe.

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

Seat of Government

8. The seat of government of the Territory shall be at such place as may be designated by the Governor in Council.

Council

9. (1) There is hereby established a Council of the Yukon Territory, the members of which shall be elected to represent such electoral districts in the Territory as are named and described by the Commissioner in Council.

(2) The Council consists of twelve members, but the Commissioner in Council may make ordinances to increase or decrease the membership to a number not less than twelve nor greater than twenty.

(3) Every Council shall continue for four years from the date of the return of the writs for the general election and no longer, but the Governor in Council may at any time, after consultation with the Council where the Governor in Council deems consultation to be practicable or, otherwise, after consultation with each of the members of the Council with whom consultation can then be effected, dissolve the Council and cause a new Council to be elected.

10. Each member of the Council shall, before assuming the duties of his office, take and subscribe before the Commissioner such oaths of office and allegiance as the Governor in Council may prescribe.

11. The Commissioner shall convene at least one session in every calendar year so that twelve months shall not intervene between the last sitting of the Council in one session and its first sitting in the next session.

12. (1) The Council shall elect one of its members to be Speaker.

(2) The Speaker shall preside over the Council when it is in session.

13. A majority of the Council, including the Speaker, constitutes a quorum.

14. (1) There shall be an Advisory Committee on Finance consisting of three members of the Council to be appointed by the Commissioner on the recommendation of the Council.

(2) Two members of the Committee constitute a quorum.

(3) The Commissioner shall consult with the Committee in the preparation of the estimates of the expenditures and appropriations required to defray the charges and expenses of the public services of the Territory for each fiscal year.

15. The Commissioner in Council may prescribe

16. (1) Subject to subsection (3), each member of the Council shall be paid out of the Yukon Consolidated Revenue Fund such annual indemnity and such travel and living expenses for each session of the Council as the Commissioner in Council may prescribe.

(2) Subject to subsection (3), each member of the Advisory Committee on Finance and of any other committee of the Council shall be paid out of the Yukon Consolidated Revenue Fund, in addition to his annual indemnity, such indemnity and such travel and living expenses as the Commissioner in Council may prescribe.

(3) The Commissioner in Council may prescribe the terms and conditions on which the indemnities and travel and living expenses prescribed pursuant to subsections (1) and (2) shall be paid to members of the Council or any committee thereof.

(4) The first one thousand dollars of the indemnity paid to a member of the Council under subsection (1) in any year is not income for the purposes of the Income Tax Act.

Legislative Powers of Commissioner in Council

17. The Commissioner in Council may, subject to this Act and any other Act of Parliament, make ordinances for the government of the Territory in relation to the following classes of subjects:

18. Nothing in section 17 shall be construed as giving the Commissioner in Council greater powers with respect to any class of subjects described therein than are given to legislatures of the provinces under sections 92 and 95 of the Constitution Act, 1867, with respect to similar subjects therein described.

19. (1) Notwithstanding section 18 but subject to subsection (3), the Commissioner in Council may make ordinances for the government of the Territory, in relation to the preservation of game in the Territory, that are applicable to and in respect of Indians and Inuit.

(2) Any ordinances made by the Commissioner in Council in relation to the preservation of game in the Territory, unless the contrary intention appears therein, are applicable to and in respect of Indians and Inuit.

(3) Nothing in subsections (1) and (2) shall be construed as authorizing the Commissioner in Council to make ordinances restricting or prohibiting Indians or Inuit from hunting for food, on unoccupied Crown lands, game other than game declared by the Governor in Council to be game in danger of becoming extinct.

(4) After a first nation's final agreement, within the meaning of the Yukon First Nations Land Claims Settlement Act, is given effect by or under that Act, subsection (3) does not apply in respect of

20. The Commissioner in Council may make ordinances authorizing the Commissioner to enter into an agreement with the Government of Canada under and for the purposes of any Act of Parliament that authorizes the Government of Canada to enter into agreements with the provinces, but no such agreement shall be entered into by the Commissioner without the approval of the Governor in Council.

21. (1) The Commissioner in Council may make ordinances

(2) No money shall be borrowed under the authority of this section without the approval of the Governor in Council.

(3) The repayment of all money borrowed under the authority of this section, and the payment of interest thereon, is a charge on and payable out of the Yukon Consolidated Revenue Fund.

22. (1) A copy of every ordinance made by the Commissioner in Council shall be transmitted to the Governor in Council within thirty days after the passing thereof and shall be laid before both Houses of Parliament as soon as conveniently may be thereafter.

(2) Any ordinance or any provision of any ordinance may be disallowed by the Governor in Council at any time within one year after its passage.

Laws Applicable to Territory

23. (1) Subject to this Act, the laws relating to civil and criminal matters and the ordinances in force in the Northwest Territories on June 13, 1898 are and remain in force in the Territory, in so far as they are applicable thereto, and in so far as they have not been or are not hereafter repealed, abolished or altered by Parliament or by any ordinance.

(2) All laws of general application in force in the Territory are, except where otherwise provided, applicable to and in respect of Inuit in the Territory.

Yukon Consolidated Revenue Fund

24. (1) All public moneys and revenue over which the Commissioner in Council has the power of appropriation shall form a fund to be known as the Yukon Consolidated Revenue Fund.

(2) The Commissioner shall establish, in the name of the government of the Territory, accounts with such banks as the Commissioner designates for the deposit of public moneys and revenue.

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

26. When a sum of money is granted to Her Majesty by Parliament to defray expenses for a specified public service in the Territory, the power of appropriation by the Commissioner in Council over that sum is subject to the specified purpose for which it is granted.

Territorial Accounts

27. A report for each fiscal year of the Territory, called the Territorial Accounts, shall be laid before the Council by the Commissioner on or before such day following the termination of the fiscal year as the Council may fix, and the Council shall consider the report.

28. The Territorial Accounts shall be in such form as the Commissioner may direct, and shall include

29. The fiscal year of the Territory is the period beginning on April 1 in one year and ending on March 31 in the following year.

30. (1) The accounts and financial transactions of the Territory shall be examined by the Auditor General of Canada who shall report annually to the Council the result of that examination, and the report shall state whether in his opinion

(2) The Auditor General of Canada shall call attention to any other matter falling within the scope of the examination made under subsection (1) that in the opinion of the Auditor General should be brought to the attention of the Council.

31. The Auditor General of Canada has, in connection with the examination of the accounts of the Territory, all the powers that the Auditor General has under the Auditor General Act in connection with the examination of the accounts of Canada.

PART II

ADMINISTRATION OF JUSTICE

Judicature

32. The Governor in Council shall appoint the judges of such superior, district or county courts as are now or may hereafter be constituted in the Territory.

33. The judges of the superior, district and county courts in the Territory shall hold office during good behaviour but are removable by the Governor in Council on address of the Senate and House of Commons and shall cease to hold office on attaining the age of seventy-five years.

Supreme Court

34. A judge of the Supreme Court of the Northwest Territories is ex officio a judge of the Supreme Court of the Yukon Territory.

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

(2) A deputy judge may be appointed pursuant to subsection (1) for any particular case or cases or for any specified period.

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

(3) A deputy judge shall be sworn to the faithful performance of his duties in the same manner as a judge of the Court and, during his appointment, temporarily has and may exercise and perform all the powers, authorities and functions of a judge of the Court and the expression "judge of the Court" shall be deemed to include a deputy judge of the Court.

36. Unless the Governor in Council, by order, otherwise provides, the judges of the Court, other than ex officio judges and deputy judges, shall reside in the city of Whitehorse or within forty kilometres thereof.

37. The Court may sit in the Northwest Territories for the purpose of hearing a civil case other than a civil case where the Court sits with a jury.

38. When the Court sits in the Northwest Territories, the Court has and may exercise and perform all the powers, duties and functions in the Northwest Territories that it has and may exercise and perform when sitting in the Yukon Territory.

Court of Appeal

39. The Court of Appeal of the Territory may sit in the Territory or in the Province of British Columbia.

40. (1) Whenever it appears to the satisfaction of the Minister of Justice that it is expedient to the ends of justice that the trial of any person charged with an indictable offence alleged to have been committed north of the 65th parallel of latitude, in the Yukon Territory, should be held in some district or place other than that in which the offence is alleged to have been committed or would otherwise be triable, the Minister of Justice may order that the trial shall be proceeded with in the Northwest Territories before the court or judge named in the order, and thereupon the court or judge so named has jurisdiction to try such person.

(2) The provisions of the Northwest Territories Act apply to a trial described in subsection (1).

Police Magistrates

41. A police magistrate has and may exercise and perform the powers, duties and functions of a justice of the peace or any two justices of the peace under this Act or any other law or ordinance in force in the Territory.

Justices of the Peace

42. Every justice of the peace in and for the Territory has and may exercise and perform, throughout the Territory, the powers, duties and functions of two justices of the peace under any law or ordinance in force in the Territory.

Confinement of Prisoners

43. The following places in the Territory are prisons, jails or lock-ups for the confinement of persons charged with the commission of any offence under a statute, ordinance or other law in force in the Territory or sentenced thereunder to a term of imprisonment not exceeding two years:

44. Where it is impossible or inconvenient, by reason of absence or remoteness, to confine a person referred to in section 43 in a prison, jail or lock-up, the person may be sentenced or directed by a judge of the Court, police magistrate or justice of the peace, as the case may be, to be placed and kept in the custody of the Royal Canadian Mounted Police.

45. The Governor in Council may make rules and regulations for the management, discipline and policy of guardhouses, guardrooms or other places of confinement referred to in paragraph 43(a), for the duties and conduct of persons employed therein or otherwise charged with the custody of prisoners and for all matters pertaining to the maintenance, discipline or conduct of prisoners including their employment outside as well as within a guardhouse, guardroom or other place of confinement.

Repeal

46. The Governor in Council may, after consulting with the Council, declare this Part or any provision thereof, except sections 32, 33 and 40, to be repealed on a day or days to be fixed by proclamation.

PART II.1

OFFICIAL LANGUAGES

Languages Ordinance

46.1. Subject to section 46.2, the ordinance entitled the Languages Act, made on May 18, 1988 by the Commissioner in Council, may be amended or repealed by the Commissioner in Council only if the amendment or repeal is concurred in by Parliament through an amendment to this Act.

46.2. Nothing in this Part shall be construed as preventing the Commissioner, the Commissioner in Council or the Government of the Territory 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 the ordinance referred to in section 46.1, whether by amending that ordinance, without the concurrence of Parliament, or by any other means.

PART III

GENERAL

Lands

47. (1) The following properties are and remain vested in Her Majesty in right of Canada:

(2) The Commissioner has the administration and control of the properties referred to in subsection (1) and may use, sell or otherwise dispose of them and retain the proceeds of the use or disposition.

(3) The Commissioner may, with the approval of the Governor in Council, transfer, either in perpetuity or for any lesser term, the administration and control of the entire or any lesser interest in any property referred to in subsection (1) to any Minister of the Government of Canada.

47.1 The Governor in Council may transfer, either in perpetuity or for any lesser term, the administration and control of the entire or any lesser interest in any public lands to the Commissioner.

Reindeer

48. The Governor in Council may make regulations

49. Where a peace officer or any person who is a game officer under any ordinance believes on reasonable grounds that any reindeer has been killed, that any reindeer or part thereof has been taken, transferred, shipped or had in possession in contravention of the regulations or that any vessel, vehicle, aeroplane, firearm, trap or other article or thing has been used in contravention of the regulations, he may, in the Territory, without a warrant, effect seizure thereof.

50. Every seizure made under section 49 shall be reported as soon as practicable to a justice of the peace who may, on satisfying himself that the reindeer or part thereof or the vessel, vehicle, aeroplane, firearm, trap or other article or thing has been taken, dealt with or used in contravention of the regulations, declare it to be forfeited to Her Majesty and, on that declaration, it is forfeited.

51. The Game Export Act applies to reindeer or the carcasses or part thereof and, for that purpose, under that Act

Intoxicants

52. (1) No intoxicant shall be manufactured, compounded or made in the Territory except by permission of the Commissioner or a person authorized by him.

(2) No intoxicant shall be imported or brought into the Territory from any place outside the Territory, whether it is in Canada or elsewhere, except by permission of the Commissioner or a person authorized by him.

53. Intoxicants manufactured, compounded or made in the Territory or imported or brought into the Territory are subject to the customs and excise laws of Canada.

54. Where a peace officer believes on reasonable grounds that any intoxicant has been manufactured, compounded or made in the Territory or imported or brought into the Territory from any place outside the Territory in contravention of this Act or that any vessel, vehicle, aeroplane, appliance, article or thing has been used for any of the above purposes in contravention of this Act, he may, in the Territory, without a warrant, effect seizure thereof.

55. Every seizure made under section 54 shall be reported as soon as practicable to a justice of the peace, who may, on satisfying himself that the intoxicant or the vessel, vehicle, aeroplane, appliance, article or thing has been manufactured, compounded, made, imported, brought in or dealt with or used in contravention of this Act, declare it to be forfeited to Her Majesty, and on that declaration it is forfeited.

56. The Importation of Intoxicating Liquors Act does not apply to the importation, sending, taking or transportation of intoxicating liquors into the Territory.

Mentally Disordered Persons

57. (1) The Commissioner may, subject to the approval of the Minister, arrange with any province for the admission to mental institutions, asylums or other suitable places in the province of

(2) An arrangement described in subsection (1) may provide for compensation to be paid to the province in respect of the confinement, care, maintenance, examination and treatment of persons described in that subsection.

(3) The compensation paid to a province under subsection (2) shall be paid out of the Yukon Consolidated Revenue Fund.

58. (1) Where a mentally disordered person has escaped from a mental institution, asylum or other place of confinement, within or outside the Territory, any person employed therein or connected therewith or other person requested by the person in immediate charge or control thereof may, within forty-eight hours after the escape, without a warrant, retake the escaped person and return him to the place from which he escaped, or may, if a warrant is issued to him for that purpose, do so at any time after the escape up to the time specified in the warrant.

(2) A warrant may be issued for the purposes of subsection (1) by the person in immediate charge or control of the mental institution, asylum or other place of confinement from which the escape was made and shall contain the name and description of the escaped mentally disordered person, the name and office, if any, of the person to whom it is issued, the place to which and the person to whom the escaped person is to be returned and the time, not exceeding three months, for which the warrant is valid.

(3) An escaped person who is returned to custody under this section shall remain in custody under the authority by virtue of which he was detained prior to his escape.

Neglected Children

59. (1) The Commissioner may, subject to the approval of the Minister, arrange with any province for the removal of neglected children from the Territory to foster homes or suitable institutions in that province, for their care, education and maintenance therein and for the compensation to be paid therefor to that province.

(2) The compensation to be paid to a province under subsection (1) shall be paid out of the Yukon Consolidated Revenue Fund.

Cultural Sites and Property

60. The Governor in Council may make regulations for the protection, care and preservation of sites, works, objects and specimens of archaeological, ethnological or historical importance, interest or significance and explorers' cairns and explorers' documents.

61. Where any peace officer believes on reasonable grounds that any object, specimen or document has been removed, taken, shipped, had in possession or otherwise dealt with contrary to the regulations, he may, in the Territory, without a warrant, effect seizure thereof.

62. Every seizure made under section 61 shall be reported as soon as practicable to a justice of the peace, who may, on satisfying himself that the object, specimen or document was removed, taken, shipped, had in possession or otherwise dealt with contrary to the regulations, declare it to be forfeited to Her Majesty, and on that declaration it is forfeited.

Offence and Punishment

63. Every person who contravenes any provision of this Act or the regulation is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both.

64. (1) Every person who exports or attempts to export from the Territory any gold that was obtained from placer mining operations, and with respect to which any royalty imposed by law has not been paid, is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three years or to both.

(2) Where a person is convicted under subsection (1), the convicting magistrate or justice may in his discretion order that the gold in respect of which the conviction is had is forfeited to Her Majesty, and thereupon the gold shall be so forfeited.

(3) Every person about to export gold described in subsection (1) from the Territory shall on demand produce to any peace officer a certificate from the Commissioner of the Territory or person authorized by the Commissioner certifying that the royalty with respect to the gold has been paid and failure to produce the certificate on that demand is evidence that the royalty has not been paid.

(4) Where any peace officer believes on reasonable grounds that any person has committed or has reason to believe that any person is about to commit an offence described in subsection (1) or has in his possession or in his belongings any gold in respect of which the royalty has not been paid, the peace officer may without warrant search such person and his belongings and any articles believed to be his belongings and may seize any such gold found on the person or in those belongings.

(5) No female shall be searched pursuant to this section except by a suitable woman who is a peace officer or is authorized by the peace officer to make the search.

(6) Any gold seized pursuant to subsection (4) may be detained for a period of six months and, if before the expiration of that period any proceedings with respect to that gold are taken under this Act, may be further detained until the proceedings are finally concluded.

(7) For the purpose of this section, the expression "peace officer" means a peace officer as defined in the Criminal Code.


SCHEDULE

(Section 2)

The Yukon Territory shall be bounded as follows: On the south, by the Province of British Columbia and the State of Alaska; on the west, by the said State of Alaska; on the north, by that part of the Arctic Ocean called Beaufort Sea; and on the east, by a line beginning at the intersection of the north boundary of British Columbia with a line passing through a boundary pipe post set in concrete, trench and mound, numbered 600, planted by the British Columbia-Yukon-Northwest Territories Boundary Commission approximately 1 chain westerly of the left bank of the Liard River, said line having a bearing of 309 with reference to the meridian through said post; thence northwesterly along said line to a point on the line of watershed separating the streams flowing into the Liard River below the La Biche River or into the Mackenzie River from those flowing into the La Biche River, into the Liard River above the La Biche River, or into the Yukon River; thence northwesterly along said line of watershed to the line of watershed of the basin of Peel River; thence northerly along the line of watershed between the Peel and Mackenzie Rivers to the sixty-seventh degree of north latitude; thence westerly along the parallel of the sixty-seventh degree of north latitude to the line of watershed between the Peel and Yukon Rivers; thence northerly along the said line of watershed to the trail across the portage in McDougall Pass between Rat and Bell Rivers; thence due north to the northern limit of the Yukon Territory; the said Territory to include the islands within twenty statute miles from the shores of the Beaufort Sea as far as the aforesaid due north line from McDougall Pass.


Last HTML revision: 15 April, 1996.

William F. Maton