57. The Commissioner, within the meaning of the former Act, who is in office immediately before the coming into force of section 4 shall continue in office according to the terms of his or her appointment.

58. Despite section 11, the members of the Council, within the meaning of the former Act, that are in office immediately before the coming into force of section 10 shall continue in office as members of the Legislative Assembly for the remainder of the period provided under subsection 9(3) of the former Act, but the Commissioner may dissolve the Legislative Assembly before then.

59. (1) The laws of the Legislature apply with respect to 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 coming into force of any provision of this Act that repeals or renders inapplicable the provision of an Act of Parliament under which the right or interest arises.

(2) A law of the Legislature may only provide, in respect of a right or interest described in subsection (1), for additional conditions in respect of the exercise of the right or interest if those conditions are applicable to all similar rights or interests.

(3) A law of the Legislature may only provide, in respect of a right or interest described in subsection (1), for the cancellation, suspension or limitation of the right or interest if

(a) the circumstances for the cancellation, suspension or limitation of the right or interest are identical to those that would have applied before the coming into force of a provision described in subsection (1); or

(b) the cancellation, suspension or limitation of the right or interest is for a failure to comply with a condition in respect of the exercise of the right or interest and the law applies to all similar rights or interests.

However, paragraph (b) does not apply to claims as defined in the Yukon Placer Mining Act, chapter Y-3 of the Revised Statutes of Canada, 1985, or the Yukon Quartz Mining Act, chapter Y-4 of the Revised Statutes of Canada, 1985.

(4) A law of the Legislature may only provide, in respect of a right or interest described in subsection (1), for the expropriation of the right or interest if the holder of that right or interest is compensated under that law.

(5) Subsection (2), paragraph (3)(a) and subsection (4) apply to claims described in subsection (3) that are renewed in conformity with the laws of the Legislature.

(6) Subsections (2) to (4) do not apply to rights or interests arising under the former Act.

60. Any reference to the Government of Canada, or any of its agents, in an access order, permit, licence or other authorization, lease or agreement for lease or sale referred to in subsection 59(1) shall be read as a reference to the Yukon Government.

61. (1) Every proceeding with respect to a right or interest granted under an access order, permit, licence or other authorization, lease or agreement for lease or sale that is commenced before the coming into force of any provision of this Act that repeals or renders inapplicable the provision of an Act of Parliament under which the right or interest arises shall be taken up and continued under and in conformity with the laws of the Legislature without any further formality.

(2) Subsection (1) does not apply to civil or criminal proceedings before a court.

62. A law of the Legislature that specifically provides that it applies to matters governed by an Act of Parliament that is repealed by any of sections 281 to 284 or made inapplicable by any of sections 238 to 247 is considered for all purposes to have been validly made if it is made before the coming into force of that section and would have been validly made, if made after that coming into force. However, it has no force and effect before that coming into force.

63. In sections 64 to 67, “Agreement” means the Yukon Northern Affairs Program Devolution Transfer Agreement made on October 29, 2001.

64. (1) The Yukon Government shall indemnify the Government of Canada, 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 Government of Canada, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the Government of Canada, or any of its employees or agents, arising out of any act or omission of the Yukon Government, 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 or water rights, if the act or omission occurs while the Commissioner has administration and control of the property or rights;

(b) 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 after that date;

(c) security that is assigned to the Yukon Government under the Agreement;

(d) records provided under the Agreement to the Yukon Government, unless the act or omission is made pursuant to the Agreement; or

(e) remediation work required by the Agreement.

(2) The Yukon Government shall indemnify the Government of Canada, 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 Government of Canada, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the Government of Canada, or any of its employees or agents, arising out of a failure by the Yukon Government, or any of its employees or agents, to meet the obligations of the Yukon Government under the Agreement in respect of employees of the Government of Canada.

(3) The Yukon Government 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 Yukon Government, or any of its employees or agents, in respect of remediation work done on the first nation’s land as required by the Agreement.

65. (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.

(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.

(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.

66. 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.

67. (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.

(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.

68. to 76. [Amendments]

77. to 271. [Amendments]

272. to 278. [Amendments]

279. to 284. [Repeals]

*285. (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.

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

(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.

* [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.]

Yukon 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 degrees 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.

All topographic features referred to below are according to the Gazetteer of Canada (Yukon Territory), Fifth Edition, Ottawa, 1988, and Canadian Hydrographic Service Charts 7661 (Demarcation Bay to Phillips Bay, 21st edition) and 7662 (Mackenzie Bay, 33rd edition), produced at a scale of 1:150,000 by the Department of Fisheries and Oceans at Ottawa.

A line following the ordinary low water mark of the northern coast of the mainland of the Yukon territory, except

(a) at any coastal indentation such as a bay, lagoon, arm, cove, basin or other inlet: a straight line across the entrance of the indentation at the ordinary low water mark, provided

(i) the line measures 4 kilometres or less, and

(ii) the area of the indentation, including any islands or parts of islands lying within the indentation, is greater than that of a semicircle whose diameter is the straight line;

(b) at Phillips Bay: a straight line from the most easterly point on the ordinary low water mark on the northwesterly extremity of the entrance of the said Bay near Stokes Point to the most northwesterly point on the ordinary low water mark on the northeasterly extremity of the entrance of the said Bay near Kay Point; and

(c) at Shoalwater Bay: a straight line from the most northeasterly point on the ordinary low water mark on the westerly extremity of the entrance of the said Bay to the most westerly point on the ordinary low water mark on the easterly extremity of the entrance of the said Bay.