Schedule of Yukon

1. YUKON

Sector: All Sectors
Sub-Sector: All Sub-Sectors
Industry Classification:
Type of Exception: Article 201 (Non-Discrimination), Article 313 (Performance Requirements)

Measure(s):

• Income Tax Act, RSY 2002, c 118, Division 2, Article 13

Description:

Under the Yukon Income Tax Act, a Yukon Small Business Investment Tax Credit of 25% of the purchased share amount is offered to Yukon residents who invest in eligible business corporations. Eligible small business corporations must meet certain criteria including maintaining a permanent establishment in Yukon, having at least 50% of assets in Yukon, and paying at least 50% of salaries in Yukon.

2. YUKON

Sector: Real Estate
Sub-Sector: Real estate services involving own or leased property and real estate services, on a fee or contract basis
Industry Classification: CPC 821, 822
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Real Estate Agents Act, RSY 2002, c 188, s 5
• Regulations, YOIC 1977/158, 1981/14, and 1990/136

Description:

A real estate agent applicant must be:

• a resident of Yukon for a period of not less than three months immediately prior to the application date, and
• licensed as a salesman in Yukon for at least one year prior to submitting an application.

3. YUKON

Sector: Tourism
Sub-Sector: Wilderness tourism
Industry Classification: CPC 7472
Type of Exception: Article 201 (Non-Discrimination), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Measure(s):

• Wilderness Tourism Licensing Act, RSY 2002, c 228, ss 14 and15
• Wilderness Tourism Licensing Regulation, YOIC 1999/69

Description:

There are a limited number of licences allocated for the Glacier Bay National Park and Preserve area. Licences allocated to Yukon are distributed with preference given to Yukon residents.

The above measures permit the Government of Yukon to regulate and issue various authorizations relating to wilderness tourism. This may involve, among other things, the making of measures to limit:

• ownership on the basis of residence; and
• market access

4. YUKON

Sector: Tourism
Sub-Sector: Services incidental to hunting, trapping, outfitting, and tourist guides
Industry Classification: CPC 8813, 7472, 96419
Type of Exception: Article 201 (Non-Discrimination), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Measure(s):

• Wildlife Act, RSY 2002, c 229, ss 59(1), 61(a), 68(2), 104, 123, 111, 112, 189, 192-197, 213, 214, 217, 226, 229, 230-234, and 236
• Wildlife Regulations, YOIC 2012/84
• Trapping Regulation, YOIC 1983/283
• Parks and Land Certainty Act, RSY 2002, c 165, ss 6, 8, 37, 43, 47, 48, 49, and 65
• Herschel Island Park Regulation, YOIC 1990/038

Description:

An applicant for an outfitting concession, trapping concession, or wilderness tourism licence must be a Canadian citizen or a permanent resident who ordinarily resides in Canada. Outfitters must be present in Yukon during the period when a person or persons are hunting in his/ her concession.

An outfitting certificate is a yearly authorization which gives permission to the holder to carry on the business of outfitting in a specific outfitting concession. An outfitting certificate is issued to a person who is a holder of the concession, or if requested, to an eligible corporation named by the outfitter. The corporation is then authorized to provide guiding services to hunters. Assistant trapper’s licences and trapping concessions are issued to Yukon residents only.

The above measures permit the Government of Yukon to regulate and issue various authorizations relating to tourism, including services incidental to hunting, trapping, outfitting, and tourist guides. This may involve, among other things, the making of measures to limit:
ownership on the basis of residence, and
market access.

5. YUKON

Sector: Agriculture
Sub-Sector: Agricultural land, forest, and other wooded land
Industry Classification: CPC 531, 8811 (except rental of equipment with operator), 8812
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Lands Titles Act, RSY 2015, c 10, s 212
• Lands Act, RSY 2002, c 132
• Lands Regulation, YOIC 1983/192
• Lands Act – Regulation to Amend the Lands Regulation, YOIC 2012/159
• Yukon Agriculture Policy
• Yukon Environmental and Socio-Economic Assessment Act, SC 2003, c 7

Description:

Corporate applicants for agricultural land use must be incorporated in Canada or Yukon. The principal shareholders of a corporate applicant must be Canadian citizens or landed immigrants who have resided continuously in Yukon for one year.

To be eligible to apply for agricultural land use, a society must be registered in Yukon. The Society’s officers must be Canadian citizens or landed immigrants and must have resided continuously in Yukon for one year.

A majority of members of an applicant agricultural association or cooperative must be Yukon residents.

The above measures permit the Government of Yukon to regulate and issue various authorizations relating to agriculture, including agricultural land, forest, and other wooded land. This may involve, among other things, the making of measures to limit ownership on the basis of residence.

6. YUKON

Sector: Energy
Sub-Sector: Electrical energy and services incidental to energy distribution
Industry Classification: CPC 171, 713, 887
Type of Exception: Article 201 (Non-Discrimination), Article 313 (Performance Requirements)

Measure(s):

• Waters Act, SY 2003, c 19, ss 29(4), 29 (6), 31, 32, 44, and 46
• Waters Regulation, YOIC 2003/58
• Environment Act, RSY 2002, c 76, ss. 52, 53, 54, 55, 56, 57, 58, 59, 62, 66, 67(2), 68, 69, 70(4), 71(1), 72, 74(1), 74(3), 74(4), 75(1), 86, 87, 90(2), 91, 93,
• 96(5), 96(9), 107, and Part 12: 140-149
• Public Utilities Act, RSY 2002, c 186, ss 17, 21, 22, 35, 42, 43, 51, and 77
• Quartz Mining Act, SY 2003, c 14, ss 62, 135(4), 135(5), 135 (6), 149, and 158
• Quartz Mining Land Use Regulation YOIC 2003/64
• Security Regulation, YOIC 2007/77
• Yukon Environmental and Socio-Economic Assessment Act, SC 2003, c 7

Description:

Yukon reserves the right to set or modify electricity rates.

Yukon may make available to Yukon Development Corporation (or a subsidiary or successor corporation) for operational purposes a water power or other facility that is owned by or under the control of Yukon.

The above measures permit the Government of Yukon to regulate and issue various authorizations relating to energy, including electrical energy and services incidental to energy distribution. This may involve, among other things, the making of measures to:

• impose performance requirements; and
• limit ownership on the basis of residence.

7. YUKON

Sector: Energy
Sub-Sector: Production, transmission, and distribution of electricity, gas, steam, and hot water; services incidental to energy distribution
Industry Classification: CPC 17, 713, 887
Type of Exception: Article 201 (Non-Discrimination), Article 313 (Performance Requirements)

Measure(s):

• Corporate Governance Act, RSY 2002, c 45, s 4
• Public Utilities Act, RSY 2002, c 186, ss 17, 21, 22, 35, 42, 43, 51, and 77
• Yukon Power Corporation Regulations YOIC 1987/71
• Yukon Development Corporation Act, RSY 2002, c 236, ss 6 and 7
• Energy Conservation Fund, YOIC 1997/91
• Energy Conservation Fund Use Regulation, YOIC 1998/204
• Yukon Environmental and Socio-Economic Assessment Act, SC 2003, c 7

Description:

Yukon reserves the right to set or modify electricity rates.

The above measures permit the Government of Yukon to regulate and issue various authorizations relating to energy, including production, transmission, distribution of electricity, gas, steam, and hot water, and services incidental to energy distribution. This may involve, among other things, the making of measures to:

• impose performance requirements, and
• limit ownership on the basis of residence.

8. YUKON

Sector: Transportation
Sub-Sector: Transportation via pipeline transportation of fuels; transportation of other goods and services incidental to energy distribution
Industry Classification: CPC 17, 713, 887
Type of Exception: Article 201 (Non-Discrimination), Article 313 (Performance Requirements)

Measure(s):

• Public Utilities Act, RSY 2002, c 186, ss 17, 21, 22, 35, 42, 43, 51, and 77
• Yukon Power Corporation Regulations YOIC 1987/71
• Oil and Gas Act, RSY 2002, c 162, ss 9, 10, 12, 17, 26, 27, 28, 29, 36, 40, 41, 42, 43, 44, 46, 47, 48, 51, 54, 61, 63, 65, 67, 75, and 76
• Oil and Gas Pipeline Regulations
• Oil and Gas Disposition Regulations YOIC 1999/147
• Oil and Gas Licence Administration Regulations YOIC 2004/157
• Oil and Gas Drilling and Production Regulations YOIC 2004/158
• Oil and Gas Geoscience and Exploration Regulations YOIC 2004/156
• Oil and Gas Royalty Regulations YOIC 2008/25
• Yukon Environmental and Socio-Economic Assessment Act, SC 2003, c 7

Description:

The Commissioner in Executive Council may designate an “energy project” (defined to include any oil or gas pipeline) as a “regulated project”, allowing the Minister to impose terms and conditions in respect of the project. The Commissioner in Executive Council may give directions to Yukon Utilities Board in respect of, among other things, utility rates and the operations of public utilities.

The above measures permit the Government of Yukon to regulate and issue various authorizations relating to transportation including transportation via pipeline, transportation of fuels, and transportation of other goods and services incidental to energy distribution. This may involve, among other things, the making of measures to:

• impose performance requirements, and
• limit ownership on the basis of residence.

9. YUKON

Sector: Energy
Sub-Sector: Oil and gas; services incidental to energy distribution; crude petroleum and natural gas; transport services via pipeline
Industry Classification: CPC 120, 713, 887
Type of Exception: Article 201 (Non-Discrimination), Article 313 (Performance Requirements)

Measure(s):

• Canada-Yukon Oil and Gas Accord
• Oil and Gas Act, RSY 2002, c 162, ss. 9, 10, 12, 17, 26, 27, 28, 29, 36, 40, 41, 42, 43, 44, 46, 47, 48, 51, 54, 61, 63, 65, 67, 75, and 76
• Oil and Gas Pipeline Regulation
• Oil and Gas Disposition Regulations, YOIC 1999/147
• Oil and Gas Licence Administration Regulations, YOIC 2004/157
• Oil and Gas Drilling and Production Regulations, YOIC 2004/158
• Oil and Gas Geoscience and Exploration Regulations, YOIC 2004/156
• Oil and Gas Royalty Regulations, YOIC 2008/25
• Yukon Environmental and Socio-Economic Assessment Act, SC 2003, c 7

Description:

The above measures permit the Government of Yukon to regulate and issue various authorizations relating to energy, including oil and gas, services incidental to energy distribution, crude petroleum and natural gas, and transport services via pipeline. This may involve, among other things, the making of measures to:

• impose performance requirements; and
• limit ownership on the basis of residence.

10. YUKON

Sector: Land
Sub-Sector: Recreational and other open land
Industry Classification: CPC 5330
Type of Exception: Article 201 (Non-Discrimination), Article 312 (Market Access – Investment)

Measure(s):

• Lands Act Regulation, YOIC 1983/192, YOIC 2012/159, ss 52 and 67

Description:

For the purposes of a rural lot residential lottery an eligible natural person is one who has resided in Yukon for one continuous year. For the purposes of the recreational residential lot lottery an eligible natural person is one who:(1) has resided in Yukon for one continuous year immediately prior to the date of the sale, (2) has not, and whose dependents or spouse, whether lawfully married or not, have not purchased or entered into an agreement to purchase from the Commissioner a recreational residential lot within the three year period which precedes the date of the sale by lottery, or applied to enter the same lottery and does not have a spouse or dependents who participate in the same lottery.