PART IEstablishment and Government (continued)
Legislative Power (continued)
Laws Applicable in Nunavut (continued)
Marginal note:Rights or privileges
29.1 The coming into force of section 3 does not affect a right, privilege, licence, permit, authorization, approval, certification, registration or filing, or any status provided, before the day that section 3 comes into force, by or under the ordinances of the Northwest Territories. On or after that day, to the extent that it was in force or had effect and applied immediately before that day in relation to Nunavut, it is deemed, in relation to Nunavut, to have been provided by or under the laws of the Legislature.
- 1998, c. 15, s. 4
Marginal note:When no officer in Nunavut
30 (1) If, in or under any Act of Parliament or any law of the Legislature, an officer is designated to perform a function in relation to Nunavut and there is no person designated to perform that function, it may be performed by the person whose functions in relation to Nunavut are the most similar to that function or by any person that the Commissioner may designate to perform the function, and the performance of the function by that person is lawful and valid.
Marginal note:Transmission of documents
(2) If, in or under any Act of Parliament or any law of the Legislature, a document or thing is to be transmitted to a designated officer, court, territorial division or place and there is no person, court, territorial division or place so designated in Nunavut, the Commissioner may designate a person, court, territorial division or place to which the document or thing is to be transmitted or may dispense with the transmission, and the transmission or dispensation of transmission is lawful and valid.
- 1993, c. 28, s. 30
- 1998, c. 15, s. 4
Marginal note:Superior courts
31 (1) The Nunavut Court of Justice and the Court of Appeal of Nunavut are established as superior courts that have and may exercise in relation to Nunavut all the powers and jurisdiction that the Supreme Court of the Northwest Territories and the Court of Appeal of the Northwest Territories, respectively, had immediately before the day that section 3 comes into force.
Marginal note:Administration of justice
(1.1) Subsection (1) does not limit the powers conferred on the Legislature by paragraph 23(1)(e).
Marginal note:Appointment of judges
(2) The Governor in Council shall appoint the judges of the superior courts of Nunavut as described in subsection (1) or as may be established by the laws of the Legislature.
Marginal note:Tenure of office of judges
(3) The judges of the superior courts in Nunavut hold office during good behaviour, but may be removed by the Governor in Council on address of the Senate and House of Commons and cease to hold office on attaining the age of seventy-five years.
- 1993, c. 28, s. 31
- 1998, c. 15, s. 5
- 1999, c. 3, s. 2
Nunavut Court of Justice
Marginal note:Ex officio judges
32 A judge, other than a deputy judge, of the Supreme Court of Yukon and of the Supreme Court of the Northwest Territories is ex officio a judge of the Nunavut Court of Justice.
- 1993, c. 28, s. 32
- 1999, c. 3, s. 3
- 2002, c. 7, s. 222
Marginal note:Deputy judges
33 (1) The Governor in Council may appoint any person who is or has been a judge of a superior court in Canada or a barrister or advocate of at least ten years standing at the bar of any province as a deputy judge of the Nunavut Court of Justice and may fix that person’s remuneration and allowances.
Marginal note:Duration of appointment
(2) A deputy judge may be appointed for any particular case or cases or for any specified period.
Marginal note:Tenure of office
(3) A deputy judge holds office during good behaviour, but may be removed by the Governor in Council on address of the Senate and House of Commons.
(4) A deputy judge, while in office, has and may exercise and perform all the powers, duties and functions of a judge of that Court and any reference to a judge of the Nunavut Court of Justice is deemed to include a reference to the deputy judge.
- 1993, c. 28, s. 33
- 1999, c. 3, s. 4
Marginal note:Exercise of powers
34 (1) If a law in force in Nunavut provides that a power, duty or function is to be exercised or performed by a provincial court judge, a stipendiary magistrate or a justice of the peace, the power, duty or function may be exercised or performed by a judge of the Nunavut Court of Justice.
Marginal note:Status when exercising power
(2) For greater certainty, a power, duty or function exercised or performed under subsection (1) by a judge of the Nunavut Court of Justice is exercised or performed by that judge as a judge of a superior court.
- 1993, c. 28, s. 34
- 1999, c. 3, s. 5
Marginal note:Jurisdiction to try criminal cases
35 (1) A judge of the Nunavut Court of Justice has and may exercise and perform, anywhere in Canada, all the powers, duties and functions of the Court with respect to any criminal offence committed or charged to have been committed in Nunavut.
Marginal note:Application of laws
(2) All laws applicable to criminal proceedings in Nunavut apply in like manner to proceedings held under this section at any place outside Nunavut.
Marginal note:Enforcement of decisions
(3) Any judgment, conviction, sentence or order pronounced or made in any proceedings held under this section outside Nunavut may be enforced or executed at the place at which it is pronounced or made or elsewhere, either in or outside Nunavut, as the judge of the Court may direct, and the proper officers of Nunavut have and may exercise all powers and authority necessary for the enforcement or execution thereof at the place where it is directed to be enforced or executed, notwithstanding that the place is not in Nunavut.
- 1993, c. 28, s. 35
- 1999, c. 3, s. 6
Court of Appeal of Nunavut
36 The Court of Appeal of Nunavut may sit in Nunavut and, unless the laws of the Legislature made after the coming into force of section 3 provide otherwise, in any other place in Canada.
- 1993, c. 28, s. 36
- 1998, c. 15, s. 6
37 Sections 32 to 36 and this section are repealed on a day or days to be fixed by order of the Governor in Council.
Marginal note:Official languages ordinance
38 The law of the Legislature that, under subsection 29(1), is the duplicate of the ordinance of the Northwest Territories entitled the Official Languages Act may not be repealed, amended or otherwise rendered inoperable by the Legislature without the concurrence of Parliament by way of a resolution, if that repeal, amendment or measure that otherwise renders that law inoperable would have the effect of diminishing the rights and services provided for in that ordinance as enacted on June 28, 1984 and amended on June 26, 1986.
- 1993, c. 28, s. 38
- 1998, c. 15, s. 7
Nunavut Consolidated Revenue Fund
Marginal note:Nunavut C.R.F.
39 (1) All public moneys and revenue over which the Legislature has the power of appropriation shall form a fund to be known as the Nunavut Consolidated Revenue Fund.
Marginal note:Establishment of accounts
(2) The Commissioner may establish, in the name of the Government of Nunavut, accounts for the deposit of public moneys and revenue with any member of the Canadian Payments Association or any local cooperative credit society that is a member of a central cooperative credit society having membership in that Association.
Marginal note:Recommendation of Commissioner
40 The Assembly may not adopt or pass any vote, resolution, address or bill for the appropriation of any part of the public revenue of Nunavut, or of any tax, for any purpose that has not been first recommended to the 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
41 When a sum of money is granted to Her Majesty in right of Canada by Parliament to defray expenses for a specified public service in Nunavut, the power of appropriation by the Legislature over that sum is subject to the specified purpose for which it is granted.
Marginal note:Fiscal year
42 The fiscal year of Nunavut is the period beginning on April 1 in one year and ending on March 31 in the next year.
Marginal note:Auditor of Nunavut
43 The Auditor General of Canada shall act as the auditor of Nunavut.
Marginal note:Submission of Territorial Accounts to Assembly
44 The Commissioner shall, on or before December 31 of each fiscal year, lay before the Assembly a report, called the Territorial Accounts, for the preceding fiscal year of Nunavut, and the Assembly shall consider the report.
Marginal note:Form and contents
45 The Territorial Accounts shall be prepared in such form as the Commissioner may direct and in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor and shall include
(a) consolidated financial statements for Nunavut of
(i) the financial position as at the end of the fiscal year,
(ii) the accumulated surplus or deficit as at the end of the fiscal year,
(iii) the revenues and expenditures for the fiscal year, and
(iv) the changes in the financial position for the fiscal year; and
(b) any other information or statements that are required in support of the consolidated financial statements or that are required by the Minister or by or under any law of the Legislature.
- 1993, c. 28, s. 45
- 1998, c. 15, s. 8
- 2017, c. 26, s. 62
Marginal note:Audit and report by auditor
46 (1) The auditor of Nunavut shall audit the accounts and financial transactions of Nunavut in each fiscal year in accordance with generally accepted auditing standards and report to the Assembly on the result of that audit, including whether, in the opinion of the auditor,
(a) the consolidated financial statements for Nunavut presents fairly, in all material respects and in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor, the financial position of Nunavut as at the end of the fiscal year and the results of its operations in, and changes in its financial position for, the fiscal year; and
(b) the transactions of Nunavut that have come to the notice of the auditor in the course of the audit of the consolidated financial statements have been within the powers of Nunavut under this Act and any other Act applicable to Nunavut.
Marginal note:Other matters
(2) The auditor of Nunavut shall call attention to any other matter falling within the scope of the audit made under subsection (1) that, in the opinion of the auditor, should be brought to the attention of the Assembly.
- 1993, c. 28, s. 46
- 2017, c. 26, s. 62
Marginal note:Inquiry and report
47 At the request of the Commissioner, made on the advice of the Executive Council and with the agreement of the Governor in Council, the auditor of Nunavut may, if in the auditor’s opinion it does not interfere with the auditor’s primary responsibilities, inquire into and report to the Assembly
(a) on any matter relating to the financial affairs of Nunavut or to public property in Nunavut; or
(b) on any person or organization that has received or is seeking financial aid from the Government of Nunavut.
Marginal note:Powers of auditor
48 (1) The auditor of Nunavut has, in connection with the audit of the accounts of Nunavut, all the powers that the Auditor General of Canada has under the Auditor General Act in connection with the examination of the accounts of Canada.
Marginal note:Access to information
(2) Except as provided by any law made by the Legislature that expressly refers to this subsection, the auditor of Nunavut is entitled to free access at all convenient times to information that relates to the fulfilment of the auditor’s responsibilities and is entitled to require and receive from the public service of Nunavut such information, reports and explanations as the auditor considers necessary for that purpose.
Marginal note:Lands vested in Her Majesty
49 (1) The following lands are and remain vested in Her Majesty in right of Canada:
(a) land acquired with funds of Nunavut;
(b) land in Nunavut acquired with funds of the Northwest Territories before the day on which section 3 comes into force;
(c) public land, the administration and control of which has been transferred by the Governor in Council to the Commissioner of Nunavut;
(d) public land, the administration and control of which has been transferred by the Governor in Council to the Commissioner of the Northwest Territories before the day on which section 3 comes into force;
(e) all roads, streets, lanes and trails on public land;
(f) land acquired pursuant to tax sale proceedings by the Commissioner of Nunavut; and
(g) land in Nunavut acquired pursuant to tax sale proceedings by the Commissioner of the Northwest Territories before the day on which section 3 comes into force.
Marginal note:Beneficial use or proceeds
(2) The right to the beneficial use or to the proceeds of the lands referred to in subsection (1) is appropriated to the Commissioner, and the lands may be held by and in the name of the Commissioner for the beneficial use of the Government of Nunavut.
Marginal note:Management and disposal
(3) Subject to any law made by the Legislature, the Commissioner may manage, and sell, lease or otherwise dispose of, the lands referred to in subsection (1).
(4) The Commissioner may, with the approval of the Governor in Council, relinquish the administration and control of the entire or any lesser interest in any land referred to in subsection (1), either in perpetuity or for any lesser term.
(5) On the approval of the relinquishment, the appropriation under subsection (2), and the Commissioner’s rights and powers under subsections (2) and (3), in respect of the relinquished land or interest are terminated and the land or interest becomes subject to the control of the Governor in Council.
(6) The Governor in Council may transfer the administration of the land or interest to a Minister of the Government of Canada or to an agent corporation within the meaning of the Financial Administration Act.
Marginal note:Transfer to Commissioner
50 The Governor in Council may transfer, either in perpetuity or for any lesser term, the administration and control of the entire or any lesser interest in any public land to the Commissioner.
- Date modified: