Northwest Territories Act (R.S.C., 1985, c. N-27)

Marginal note:Legislative powers

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

• (a) direct taxation within the Territories in order to raise a revenue for territorial, municipal or local purposes;

• (b) the establishment and tenure of territorial offices and the appointment and payment of territorial officers;

• (c) municipal institutions in the Territories, including local administrative districts, school districts, local improvement districts and irrigation districts;

• (d) election of members of the Council and controverted elections;

• (e) the licensing of any business, trade, calling, industry, employment or occupation in order to raise a revenue for territorial, municipal or local purposes;

• (f) the incorporation of companies with territorial objects, including tramways and street railway companies but excluding railway, steamship, air transport, canal, telegraph, telephone or irrigation companies;

• (g) the solemnization of marriage in the Territories;

• (h) property and civil rights in the Territories;

• (i) the administration of justice in the Territories, including the constitution, maintenance and organization of territorial courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts;

• (j) the establishment, maintenance and management of prisons, jails or lock-ups designated as such by the Commissioner in Council under paragraph 40(b), the duties and conduct of persons employed therein or otherwise charged with the custody of prisoners, and all matters pertaining to the maintenance, discipline or conduct of prisoners including their employment outside as well as within a prison, jail or lock-up;

• (k) the issuing of licences or permits to scientists or explorers to enter the Territories or any part thereof and the prescription of the conditions under which those licences or permits may be issued and used;

• (l) the levying of a tax on furs or any portions of fur-bearing animals to be shipped or taken from the Territories to any place outside the Territories;

• (m) the preservation of game in the Territories;

• (n) education in the Territories, subject to the conditions that any ordinance respecting education shall always provide that

  • (i) a majority of the ratepayers of any district or portion of the Territories, or of any less portion or subdivision thereof, by whatever name it is known, may establish such schools therein as they think fit, and make the necessary assessment and collection of rates therefor, and

  • (ii) the minority of the ratepayers in the area referred to in subparagraph (i), whether Protestant or Roman Catholic, may establish separate schools therein, in which case the ratepayers establishing Protestant or Roman Catholic separate schools are liable only to assessments of such rates as they impose on themselves in respect thereof;

• (n.1) the management and sale of the properties referred to in subsection 44(1) and of the timber and wood thereon;

• (o) the closing up, varying, opening, establishing, building, management or control of any roads, streets, lanes or trails on public lands;

• (p) intoxicants;

• (q) the establishment, maintenance and management of hospitals in and for the Territories;

• (r) agriculture;

• (s) the expenditure of money for territorial purposes;

• (t) generally, all matters of a merely local or private nature in the Territories;

• (u) the imposition of fines, penalties, imprisonment or other punishments in respect of the contravention of the provisions of any ordinance; and

• (v) such other matters as may be designated by the Governor in Council.