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Northwest Territories Act (S.C. 2014, c. 2, s. 2)

Act current to 2022-09-22 and last amended on 2019-08-28. Previous Versions

Legislative Power (continued)

Legislative Powers (continued)

Marginal note:Laws — natural resources

  •  (1) The Legislature may make laws in relation to the following subjects in respect of the onshore:

    • (a) exploration for non-renewable natural resources;

    • (b) the development, conservation and management of non-renewable natural resources and forestry resources, including the rate of primary production from those resources;

    • (c) oil and gas pipelines that are situated entirely in the onshore;

    • (d) the development, conservation and management of sites and facilities for the production of electrical energy; and

    • (e) the export, from the onshore to another part of Canada, of the primary production from non-renewable natural resources and forestry resources and of the electrical energy that is produced in the onshore.

  • Marginal note:Limitation — no discrimination

    (2) A law that is made under paragraph (1)(e) is not to authorize or provide for discrimination in prices or in supplies that are exported.

  • Marginal note:Laws — taxation

    (3) The Legislature may make laws in relation to the raising of money by any mode of taxation in respect of resources referred to in paragraph (1)(b) and the primary production from those resources and in respect of sites and facilities referred to in paragraph (1)(d) and the production of electrical energy from those sites and facilities. The Legislature may make those laws even if the production is exported.

  • Marginal note:Limitation — no differentiation

    (4) A law that is made under subsection (3) is not to authorize or provide for taxation that differentiates between production that is exported and that which is not.

  • Definition of primary production

    (5) In this section, primary production means

    • (a) production from a non-renewable natural resource if

      • (i) it is in the form in which the resource exists on its recovery or severance from its natural state, or

      • (ii) it results from processing or refining the resource and is not

        • (A) a manufactured product, or

        • (B) a product that results from refining crude oil, refining upgraded heavy crude oil, refining gases or liquids derived from coal or refining a synthetic equivalent of crude oil; and

    • (b) production from a forestry resource if the product consists of sawlogs, poles, lumber, wood chips, sawdust or any other primary wood product — or of wood pulp — and is not manufactured from wood.

  • Marginal note:No derogation

    (6) Nothing in subsections (1) to (5) derogates from any powers that the Legislature has under this Act.

Marginal note:Laws — access to lands and waters

 The Legislature may make laws in relation to access to the public lands that are under the administration of a federal minister and to the waters overlying those lands, including the compensation that is to be paid in respect of that access.

Marginal note:Roads on Tlicho lands

 Laws of the Legislature that are made in relation to public highways apply to roads identified in the Tlicho Agreement — as if they were on public lands — if the Tlicho Agreement provides that those laws apply to those roads.

Marginal note:Unitization of straddling resources

  •  (1) Despite sections 18 and 19, the Legislature must not amend a law of the Legislature without the consent of the Governor in Council if the law as amended would

    • (a) affect the unitization of those straddling resources that are referred to in the Agreement for Coordination and Cooperation in the Management and Administration of Petroleum Resources in the Inuvialuit Settlement Region that was made on June 25, 2013, as amended from time to time; or

    • (b) limit how that agreement applies to or is implemented by the Government of the Northwest Territories.

  • Marginal note:Canadian Energy Regulator

    (2) Despite sections 18 and 19, during the period of 20 years beginning on the day on which section 1 comes into force, the Legislature must not amend a law of the Legislature without the consent of the Governor in Council if the law as amended would affect the regulatory functions of the Canadian Energy Regulator in that part of the Inuvialuit Settlement Region — as defined in section 2 of the Inuvialuit Final Agreement — that is situated in the onshore.

Marginal note:Federal appurtenant undertakings

 Only a federal minister may, in relation to a federal appurtenant undertaking, exercise the following powers and functions under a law of the Legislature:

  • (a) approve the issuance, renewal or amendment of a licence permitting the use of waters or the deposit of waste in waters;

  • (b) consent to a declaration by a water board that an amendment to such a licence — as a result of which the use, flow or quality of waters would be altered — is required on an emergency basis;

  • (c) approve the form of any security posted in respect of such a licence;

  • (d) hold and apply the security;

  • (e) exercise powers that are substantially the same as those set out in section 39 of the Northwest Territories Waters Act, as it read immediately before the coming into force of section 1;

  • (f) issue policy directions to a water board that may issue, renew or amend such a licence; and

  • (g) designate inspectors and grant them powers that are substantially the same as those set out in section 37 or 44.02 of the Northwest Territories Waters Act, as they read immediately before the coming into force of section 1.

Marginal note:Composition of water board

 For every five members who are appointed to a water board that may — under a law of the Legislature — issue, renew or amend a licence permitting the use of waters or the deposit of waste in waters, one must be nominated by a federal minister.

Marginal note:Restrictions on powers

  •  (1) Nothing in subsection 18(1) or section 19 must be construed as giving the Legislature greater powers than are given to legislatures of provinces under sections 92, 92A and 95 of the Constitution Act, 1867.

  • Marginal note:Water power

    (2) Despite subsection 18(1) and sections 19 and 20, the Legislature must not make laws in respect of the right to the use and flow of waters for the production or generation of water power to which the Dominion Water Power Act applies.

Marginal note:Agreement implementation Acts

 Despite subsection 25(1), the Legislature may, in exercising its powers under sections 18 and 19 for the purpose of implementing an Aboriginal land claim agreement or a self-government agreement, make laws that are in relation to the matters coming within class 24 of section 91 of the Constitution Act, 1867.

Marginal note:Laws — conservation of wildlife

 Despite subsection 25(1), any law of the Legislature that is in relation to the conservation of wildlife applies, unless the contrary intention appears in it, to and in respect of Aboriginal people.

Marginal note:Laws — borrowing, making loans and investing

  •  (1) The Legislature may make laws for the

    • (a) borrowing of money by the Commissioner on behalf of the Northwest Territories for territorial, municipal or local purposes;

    • (b) making of loans to persons; and

    • (c) investing by the Commissioner of surplus money standing to the credit of the Consolidated Revenue Fund of the Northwest Territories.

  • Marginal note:Restriction

    (2) The aggregate of all borrowings is not to exceed the maximum amount set under subsection (4).

  • Marginal note:Charge on Consolidated Revenue Fund

    (3) The repayment of money borrowed under a law made under paragraph (1)(a) — and the payment of interest on that money — is a charge on and is payable out of the Consolidated Revenue Fund of the Northwest Territories.

  • Marginal note:Maximum amount — borrowings

    (4) The Governor in Council may, on the recommendation of the Minister of Finance, set the maximum amount of the aggregate of all borrowings.

  • Marginal note:Regulations

    (5) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations respecting borrowings for the purposes of subsections (2) and (4), including regulations

    • (a) respecting what constitutes, or is deemed to constitute, borrowing;

    • (b) respecting the entities, or classes of entities, whose borrowings are to be taken into account; and

    • (c) respecting the manner in which the value of a borrowing must be determined.

Marginal note:Withholding assent

  •  (1) The Governor in Council may, in writing, direct the Commissioner to withhold his or her assent to a bill that has been introduced in the Legislative Assembly.

  • Marginal note:Assent of Governor in Council

    (2) A bill in respect of which a direction is given must not become law without the Governor in Council’s assent, which is not to be given later than one year after the day on which the bill is adopted by the Legislative Assembly.

Marginal note:Transmittal of laws

  •  (1) A copy of every law of the Legislature must be transmitted by the Clerk of the Legislative Assembly to the Governor in Council within 30 days after the day on which it is made.

  • Marginal note:Disallowance

    (2) The Governor in Council may disallow any law of the Legislature or any provision of such a law at any time within one year after the day on which it is made.

Marginal note:Conflicting laws

 In the event of a conflict between a law of the Legislature and a federal enactment, the federal enactment prevails to the extent of the conflict.

Marginal note:Official Languages Act

  •  (1) The ordinance entitled the Official Languages Act — made on June 28, 1984 by the Commissioner in Council, as amended on June 26, 1986 or by an Act referred to in section 33 — must not be amended, repealed or rendered inoperable by the Legislature without the concurrence of Parliament by way of an amendment to this Act.

  • Marginal note:Additional rights and services

    (2) Nothing in subsection (1) is to be construed as preventing the Commissioner, the Legislature or the Government of the Northwest Territories from granting rights in respect of, or providing services in, English, French or a language of an Aboriginal people of Canada — in addition to the rights and services provided for in the Official Languages Act referred to in subsection (1) — whether by amendment, without the concurrence of Parliament, or by any other means.

Marginal note:Amendments concurred in

  •  (1) Parliament concurs in An Act to amend the Official Languages Act, made on October 29, 1990 by the Commissioner in Council.

  • Marginal note:March 12, 1992

    (2) Parliament concurs in An Act to amend the Official Languages Act, made on March 12, 1992 by the Commissioner in Council.

Consolidated Revenue Fund of the Northwest Territories

Marginal note:Establishment

  •  (1) All public moneys over which the Legislature has the power of appropriation are to form a fund to be known as the Consolidated Revenue Fund of the Northwest Territories.

  • Marginal note:Establishment of bank accounts

    (2) The member of the Executive Council designated for that purpose by a law of the Legislature must establish, in the name of the Government of the Northwest Territories, accounts for the deposit of public moneys with

    • (a) banks as defined in section 2 of the Bank Act; or

    • (b) authorized foreign banks, as defined in section 2 of the Bank Act, that are not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.

Marginal note:Recommendation of Commissioner

 The Legislative Assembly must not adopt or pass any vote, resolution, address or bill — for the appropriation of public moneys, or of any tax, for any purpose — that has not been first recommended to the Legislative Assembly by message of the Commissioner in the session in which the vote, resolution, address or bill is proposed.

Marginal note:Appropriation of moneys granted by Parliament

 If a sum of money is granted to Her Majesty in right of Canada by Parliament to defray expenses for a specified public service in the Northwest Territories, the power of appropriation by the Legislature over that sum is subject to the purpose for which it is granted.

Public Accounts of the Northwest Territories

Marginal note:Fiscal year

 The fiscal year of the Government of the Northwest Territories is the period beginning on April 1 in one year and ending on March 31 in the next year.

Marginal note:Submission to Legislative Assembly

 The Commissioner, with the consent of the Executive Council, must lay before the Legislative Assembly — on or before the day of each fiscal year that the Legislative Assembly fixes — a report called the Public Accounts of the Northwest Territories for the preceding fiscal year; the Legislative Assembly must consider the report.

Marginal note:Form and contents

 The Public Accounts of the Northwest Territories must be prepared in any form that the Commissioner, with the consent of the Executive Council, directs and are to include

  • (a) consolidated financial statements for the Government of the Northwest Territories, prepared in accordance with Canadian public sector accounting standards;

  • (b) any other information or statements that are required in support of those consolidated financial statements under any law of the Legislature; and

  • (c) the opinion of the Auditor General of Canada that is referred to in subsection 40(1).

Marginal note:Annual audit

  •  (1) The Auditor General of Canada must audit the accounts — including those related to the Consolidated Revenue Fund of the Northwest Territories — and financial transactions of the Government of the Northwest Territories in each fiscal year in accordance with Canadian generally accepted auditing standards and must express his or her opinion as to whether

    • (a) the consolidated financial statements present fairly — in all material respects and in accordance with Canadian public sector accounting standards — the financial situation of the Government of the Northwest Territories as at the end of the fiscal year; and

    • (b) the transactions of the Government of the Northwest Territories that have come to the notice of the Auditor General in the course of the audit are within the powers of that Government under this or any other Act of Parliament.

  • Marginal note:Report

    (2) The Auditor General must report to the Legislative Assembly any matter falling within the scope of the audit that, in his or her opinion, ought to be reported to the Assembly.

 
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