Yukon Northern Affairs Program Devolution Transfer Agreement

The main enabling provision of Bill C-39 (clause 18) authorizes the LY to enact legislation – not the current „orders“ – on enumerated categories of subjects (clause 18). Most of them are based on those of the current legislation, albeit in more modern language, and deal with most of the matters for which the provinces have constitutional jurisdiction. In addition to these thematic categories, the LY`s legislative authority will extend to inland waters and waste deposits in waters (section 18(1)(n)) and „public property“ under the commissioner`s management (section 18(1)(q))), including the alienation of water rights and property. Other additions include the protection of wildlife (Article 18(1)(m)), immigration (Article 18(1)(p)) and the conclusion of intergovernmental agreements (Article 18(1)(u)). The Commissioner assumes control of the real property and assets listed in the NAP, and the registered movable property must be transferred to the Government of Yukon as of the effective date (sections 4.1 and 4.7). All records under the control of DIAND and necessary to carry out the Government of Yukon`s responsibilities under the IFA will be borrowed, copied or transferred as of the effective date (section 4.12) and will continue to be subject to federal and territorial access to information and data protection and related legislation (section 4.17). That same year, Canada submitted a formal proposal to the Government of Yukon to transfer authority over lands and resources, including mines and minerals, forestry and inland waters, to the Government of Yukon. 8.68 In our audits of the land claims agreement process in 1998 and again in 2001, we recommended that the Department collect and report on this information. In addition, the Standing Committee on Public Accountancy agreed that this type of information should be disclosed. 8.50 Basic principles of good reporting. In our May 2003 Report, Chapter 1, Evaluation of Departmental Performance Reports, we included five attributes that demonstrate good public reporting (Figure 8.3).

Our review of the annual reports on land claim agreements did not reveal any of these attributes. 8.48 Annual reports on land claim agreements are not useful in holding the federal government to account. The implementation committee for each land claims agreement must prepare annual reports and submit them to the signatories. We expected that annual reports such as this would contain useful information for stakeholders to hold claims objectives accountable. .

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