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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

Transitional Provisions

Marginal note:Ordinances

 An ordinance, as defined in section 2 of the former Act, is continued as a law of the Legislature of the Northwest Territories.

Marginal note:Commissioner

  •  (1) The Commissioner, as defined in section 2 of the former Act, who is in office immediately before the coming into force of section 1 continues in office.

  • Marginal note:Deputy Commissioner

    (2) The Deputy Commissioner — appointed under subsection 4(1) of the former Act — who is in office immediately before the coming into force of section 1 continues in office.

Marginal note:Executive Council

 The members of the Executive Council — chosen or appointed under subsection 61(1) of the Legislative Assembly and Executive Council Act, S.N.W.T. 1999, c. 22 — who are in office immediately before the coming into force of section 1 continue in office as members of the Executive Council established under section 8.

Marginal note:Council

  •  (1) Despite subsection 11(1), the members of the Council — as defined in section 2 of the former Act — who are in office immediately before the coming into force of section 1 continue in office as members of the Legislative Assembly for the remainder of the period provided under subsection 9(3) of the former Act, but the Commissioner may dissolve the Legislative Assembly before then.

  • Marginal note:Extension of period of Legislative Assembly

    (2) Despite subsection (1), if the election period for the first general election after the coming into force of section 1 would overlap with the election period for a general election to be held under subsection 56.1(2) or section 56.2 of the Canada Elections Act, the period during which the members referred to in subsection (1) continue in office as members of the Legislative Assembly may be extended until five years from the date fixed for the return of the writs at the last general election under the former Act, but the Commissioner may dissolve the Legislative Assembly before then.

  • 2014, c. 2, s. 2 "65", c. 39, s. 224

Marginal note:Speaker

 The Speaker, elected under subsection 12(1) of the former Act, who is in office immediately before the coming into force of section 1 continues in office.

Marginal note:Judges

  •  (1) Judges, appointed under section 32 of the former Act, who are in office immediately before the coming into force of section 1 continue in office.

  • Marginal note:Deputy judges

    (2) Deputy judges, appointed under subsection 35(1) of the former Act, who are in office immediately before the coming into force of section 1 continue in office.

Marginal note:Definitions

 The following definitions apply in sections 69 to 71, 73 and 74.

encumbering right

encumbering right means a right referred to in section 7(94) of the Inuvialuit Final Agreement, an interest referred to in section 18.5 of the Gwich’in Agreement, section 19.5 of the Sahtu Agreement or section 18.6 of the Tlicho Agreement or a similar right or interest referred to in another settlement agreement. (charge)

existing interest

existing interest means

  • (a) a right or interest that exists — immediately before the coming into force of section 1 — under an Act of Parliament that is repealed or rendered inapplicable to such a right or interest by an Act of Parliament that implements the Agreement;

  • (b) a right or interest that exists — immediately before that coming into force — under an access order, a permit, licence or other authorization, a lease or an agreement for lease or sale that is issued, granted or otherwise obtained under an Act of Parliament that is repealed or rendered inapplicable to such a right or interest by an Act of Parliament that implements the Agreement;

  • (c) a right or interest that exists immediately before that coming into force under a licence — as defined in section 51 of the Mackenzie Valley Resource Management Act as it read immediately before that coming into force — other than a licence that is in relation to a federal area as defined in section 51 of the Mackenzie Valley Resource Management Act;

  • (d) a right or interest that is a renewal, replacement or successor of a right or interest referred to in paragraph (a), (b) or (c) if a right to that renewal, replacement or successor exists immediately before that coming into force; or

  • (e) a licence that

    • (i) is valid immediately before the coming into force of section 1 and the giving of which was subject to the Federal Real Property and Federal Immovables Act, or

    • (ii) is a renewal, replacement or successor of such a licence if a right to that renewal, replacement or successor exists immediately before that coming into force.

For greater certainty, it includes a right or interest referred to in paragraph (a), (b), (c), (d) or (e) that is an encumbering right, as well as an interest referred to in subsection 117.2(1) of the Canada Petroleum Resources Act that is in respect of the portion of those lands situated in the onshore. (intérêt existant)

  • 2014, c. 2, s. 2 “68”
  • 2017, c. 26, s. 56(F)

Marginal note:Existing interests

  •  (1) An existing interest must, subject to subsections (2) to (4), be administered and governed in accordance with any law of the Legislature.

  • Marginal note:Limitation — additional conditions

    (2) A law of the Legislature may provide for additional conditions in respect of the exercise of an existing interest only if those conditions are applicable to similar rights or interests that are issued, granted or otherwise obtained under a law of the Legislature.

  • Marginal note:Limitation — limitation, suspension or cancellation

    (3) A law of the Legislature may, in respect of an existing interest, provide for its limitation, suspension or cancellation only if

    • (a) the circumstances for its limitation, suspension or cancellation are identical to those that would have applied immediately before the coming into force of section 1; or

    • (b) subject to subsection (4), its limitation, suspension or cancellation is for a failure to comply with a condition in respect of the exercise of the existing interest and the law applies to all similar rights or interests.

  • Marginal note:Limitation — paragraph (3)(b)

    (4) A law of the Legislature must not provide for the limitation, suspension or cancellation of an existing interest under paragraph (3)(b) if it arose from

  • Marginal note:Continuation

    (5) An existing interest — other than one described in paragraph (c) of the definition existing interest in section 68 — continues in full force and effect until the earliest of the following takes place:

    • (a) it expires or is surrendered,

    • (b) with the agreement of the holder, it is cancelled and replaced by a right or interest issued or granted by the Government of the Northwest Territories,

    • (c) in the case of an encumbering right, it is — with the agreement of the holder and the relevant Aboriginal organization — cancelled under a settlement agreement,

    • (d) it is limited, suspended or cancelled under a law of the Legislature referred to in subsection (3), or

    • (e) it is expropriated and its holder is compensated under a law of the Legislature.

Marginal note:References to Government of Canada or Minister

 Any reference to the Government of Canada or the Minister in an instrument evidencing an existing interest must be read as a reference to the Government of the Northwest Territories.

Marginal note:Pending proceedings

 Every proceeding — other than a civil or criminal one that is before a court — with respect to a right or interest that is referred to in paragraph (a), (b), (c) or (e) of the definition existing interest in section 68 that is in progress immediately before the coming into force of section 1 must be taken up and continued under and in conformity with the laws of the Legislature without any further formality.

Marginal note:Validity of laws of Legislature

 A law of the Legislature that specifically provides that it applies to matters governed by section 45, 46, 47, 57, 58 or 59 of the Northwest Territories Act, the Canada Oil and Gas Operations Act, the Territorial Lands Act, the Canada Petroleum Resources Act, the Federal Real Property and Federal Immovables Act, the Northwest Territories Waters Act or the Northwest Territories Surface Rights Board Act — as they read immediately before the coming into force of section 1 — is considered for all purposes to have been validly made if it is made before that coming into force and would have been valid if made after that coming into force. However, it has no force and effect before that coming into force.

Marginal note:Indemnification by Government of the Northwest Territories

  •  (1) The Government of the Northwest Territories must indemnify the Government of Canada, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgment, that are reasonably incurred in respect of any claim, action or other proceeding brought against the Government of Canada, or any of its employees or agents, arising out of any act or omission of the Government of the Northwest Territories, or any of its employees or agents, occurring

    • (a) after the coming into force of section 1, in respect of

      • (i) public lands that are under the administration and control of the Commissioner other than those that are under his or her administration and control immediately before that coming into force,

      • (ii) rights in respect of waters that are under the administration and control of the Commissioner, or

      • (iii) existing interests;

    • (b) in respect of security that is assigned to the Government of the Northwest Territories under the Agreement;

    • (c) in respect of records that are copied, loaned or transferred under the Agreement unless the act or omission is made under the Agreement; or

    • (d) in respect of remediation that is performed under the Agreement.

  • Marginal note:Indemnification — obligations under Agreement

    (2) The Government of the Northwest Territories must indemnify the Government of Canada, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or satisfy a judgment, that are reasonably incurred in respect of any claim, action or other proceeding brought against the Government of Canada, or any of its employees or agents, arising out of a failure by the Government of the Northwest Territories, or any of its employees or agents, to meet its obligations under the Agreement in respect of a federal employee.

  • 2014, c. 2, s. 2 “73”
  • 2017, c. 26, s. 57(F)

Marginal note:Indemnification by Government of Canada

  •  (1) The Government of Canada must indemnify the Government of the Northwest Territories, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or satisfy a judgement, that are reasonably incurred in respect of any claim, action or other proceeding brought against the Government of the Northwest Territories, or any of its employees or agents, arising out of any act or omission of the Government of Canada, or any of its employees or agents, occurring

    • (a) before the coming into force of section 1, in respect of

      • (i) public lands that are under the administration and control of the Commissioner other than those that were under his or her administration and control before that coming into force,

      • (ii) rights in respect of waters that are under the administration and control of the Commissioner, or

      • (iii) existing interests;

    • (b) in respect of a taking under section 55 or the making of a prohibition order under section 56 or 57;

    • (c) in respect of security that is assigned to the Government of the Northwest Territories under the Agreement;

    • (d) in respect of records that are copied, loaned or transferred under the Agreement; or

    • (e) in respect of remediation that is performed under the Agreement.

  • Marginal note:Indemnification — Aboriginal party

    (2) The Government of Canada must indemnify an Aboriginal party, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or satisfy a judgement, that are reasonably incurred in respect of any claim, action or other proceeding brought against that Aboriginal party, or any of its employees or agents, arising out of any act or omission of the Government of Canada, or any of its employees or agents, occurring in respect of remediation performed under the Agreement on that Aboriginal party’s settlement lands.

  • 2014, c. 2, s. 2 “74”
  • 2017, c. 26, s. 58(F)

Marginal note:Limitation on indemnification

 The Government of Canada, the Government of the Northwest Territories or an Aboriginal party — or an employee or agent of any of them — is not entitled to be indemnified under section 73 or 74 if the claim, action or proceeding is settled out of court without the written consent of the Government that is required to provide the indemnity.

  • 2014, c. 2, s. 2 “75”
  • 2017, c. 26, s. 59(F)

Marginal note:Enforcement actions

 After the coming into force of section 1, the Government of the Northwest Territories may, despite section 71 and to the exclusion of any other person or entity, commence or continue enforcement actions — under an Act of Parliament that is repealed or rendered inapplicable in respect of the onshore on the coming into force of that section — other than one that is before a court on the coming into force of that section.

Marginal note:No waiver — solicitor-client privilege

  •  (1) Communication under the Agreement by the Government of Canada to the Government of the Northwest Territories of information, however recorded, that is subject to solicitor-client privilege does not constitute a waiver of that privilege.

  • Marginal note:Prohibition

    (2) No employee or agent of the Government of the Northwest Territories is, except with the Minister’s written permission, to knowingly communicate or make available any information referred to in subsection (1) — or permit it to be communicated or made available — to a person who is not an employee or agent of that Government.

Marginal note:Assignment of contracts

  •  (1) In the case of a contract that is to be assigned by the Government of Canada to the Government of the Northwest Territories under the Agreement, the contract must be assigned even if

    • (a) the contract does not allow for the assignment; or

    • (b) a party’s consent to the assignment is required under the contract and the party does not consent.

  • Marginal note:Compensation

    (2) The Government of Canada must compensate the parties for costs or losses arising from an assignment referred to in subsection (1).

 
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