Nunavut Act (S.C. 1993, c. 28)

Act current to 2015-11-16 and last amended on 2015-02-26. Previous Versions

Marginal note:Oaths of office

 Each member of the Assembly shall, before assuming the duties of that office, take and subscribe before the Commissioner such oaths of office and allegiance as the Governor in Council may prescribe.

Marginal note:Duration of Assembly

 No Assembly shall continue for longer than five years from the date of the return of the writs for the general election, but the Commissioner may at any time, after consultation with the Executive Council, dissolve the Assembly.

Marginal note:Sittings of Assembly

 The Assembly shall sit at least once every twelve months.

Marginal note:Speaker

 The Assembly shall elect one of its members to be Speaker, who shall preside over the Assembly when it is sitting.

Marginal note:Quorum

 A majority of the Assembly, including the Speaker, constitutes a quorum.

Marginal note:Rules of procedure

 The Assembly may make rules for its operations and procedures, except in relation to the classes of subjects referred to in paragraphs 23(1)(b) and (c).

Marginal note:Part of indemnity not taxable

 One thousand dollars of the indemnity paid in any year to a member of the Assembly for sittings of the Assembly is not income for the purposes of the Income Tax Act.

Legislative Powers

Marginal note:Legislative powers
  •  (1) Subject to any other Act of Parliament, the Legislature may make laws in relation to the following classes of subjects:

    • (a) the election of members of the Assembly, including the qualifications of electors and of candidates for election;

    • (b) the disqualification of persons from sitting or voting as members of the Assembly;

    • (c) the indemnity and expenses of members of the Assembly, including members of a committee of the Assembly;

    • (d) the establishment and tenure of territorial offices and the appointment, conditions of employment and payment of territorial officers;

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

    • (f) the establishment, maintenance and management of prisons, jails or lock-ups in and for Nunavut;

    • (g) municipal and local institutions in Nunavut;

    • (h) hospitals and charities in and for Nunavut;

    • (i) the management and sale of the lands the right to the beneficial use or to the proceeds of which is appropriated to the Commissioner by section 49, and of the timber and wood on those lands;

    • (j) direct taxation within Nunavut in order to raise revenue for territorial, municipal or local purposes;

    • (k) licensing in order to raise revenue for territorial, municipal or local purposes;

    • (l) property and civil rights in Nunavut;

    • (m) education in and for Nunavut, subject to the condition that any law respecting education must provide that

      • (i) a majority of the ratepayers of any part of Nunavut, by whatever name called, may establish such schools in that part as they think fit, and make the necessary assessment and collection of rates for those schools, and

      • (ii) the minority of the ratepayers in that part of Nunavut, whether Protestant or Roman Catholic, may establish separate schools in that part and, if they do so, they are liable only to assessments of such rates as they impose on themselves in respect of those separate schools;

    • (n) the preservation, use and promotion of the Inuktitut language, to the extent that the laws do not diminish the legal status of, or any rights in respect of, the English and French languages;

    • (o) the solemnization of marriage in Nunavut;

    • (p) intoxicants in Nunavut, including the definition of what constitutes an intoxicant;

    • (q) the incorporation of companies with territorial objects, excluding railway, steamship, air transport, telegraph and telephone companies;

    • (r) agriculture in Nunavut;

    • (s) the preservation of game in Nunavut;

    • (t) the entering into of intergovernmental agreements by the Commissioner or any other official of the Government of Nunavut;

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

    • (v) generally, all matters of a merely local or private nature in Nunavut;

    • (w) the imposition of fines, penalties, imprisonment or other punishment in respect of the contravention of any law made by the Legislature; and

    • (x) such other matters as the Governor in Council may, by order, designate.

  • Marginal note:Restriction on powers

    (2) Nothing in subsection (1) shall be construed as giving the Legislature greater powers with respect to any class of subjects described in that section than are given to the legislatures of the provinces by sections 92 and 95 of the Constitution Act, 1867 with respect to similar subjects described in those sections.

  • Marginal note:Laws in respect of Indians and Inuit

    (3) Subject to any other Act of Parliament, nothing in subsection (2) shall be construed as preventing the Legislature from making laws of general application that apply to or in respect of Indians and Inuit.