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Yukon Act (S.C. 2002, c. 7)

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Act current to 2019-08-15 and last amended on 2019-07-15. Previous Versions

Transitional Provisions (continued)

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.

  • 2002, c. 7, s. 65
  • 2017, c. 26, s. 48(F)

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

 [Amendments]

Amendments to Other Acts

 [Amendments]

Coordinating Amendments

 [Amendments]

Repeals

 [Repeals]

Coming into Force

Marginal note:By order

  • Footnote * (1) The provisions of this Act, other than sections 70 to 75 and section 77, subsection 117(2) and sections 167, 168, 210, 211, 221, 227, 233, 272 to 278 and 283, come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Amendments to this Act

    (2) Sections 70 to 75 come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Repeal of Act

    (3) Section 77, subsection 117(2) and sections 167, 168, 210, 211, 221, 227, 233 and 283 come into force on a day to be fixed by order of the Governor in Council.

    • Return to footnote *[Note: Sections 272 to 278 in force on assent March 27, 2002; sections 1 to 69, 76 and 78 to 116, subsection 117(1) and sections 118 to 166, 169 to 209, 212 to 220, 222 to 226, 228 to 232, 234 to 271, 279 to 282 and 284 in force April 1, 2003, see SI/2003-48.]

 
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