Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Nunavut Act (S.C. 1993, c. 28)

Full Document:  

Act current to 2022-11-16 and last amended on 2019-07-15. Previous Versions

PART IIGeneral (continued)

Lands (continued)

Marginal note:Leases for Nunavut facilities

  •  (1) The Minister may, by instrument satisfactory to the Minister of Justice, transfer to the Commissioner the administration and control of the entire interest in any real property held under a lease entered into by the Minister for facilities for the Government of Nunavut or housing for its employees. The Commissioner is deemed to have accepted the transfer on the day the instrument is signed by the Minister.

  • Marginal note:Effect of transfer

    (2) The administration and control is deemed to have been transferred by the Governor in Council.

  • Marginal note:Limitation

    (3) This section applies to a lease only if the instrument effecting the transfer is signed on or before March 31, 2004.

  • 1998, c. 15, s. 9

Cultural Sites and Property

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations for the protection, care and preservation of sites, works, objects and specimens in Nunavut of palaeontological, archaeological, ethnological or historical importance, interest or significance and of explorers’ cairns and explorers’ documents in Nunavut.

  • Marginal note:Offence

    (2) Every person who contravenes any regulation made under subsection (1) is guilty of an offence punishable on summary conviction.

Marginal note:Power to seize

  •  (1) A peace officer who believes on reasonable grounds that any object, specimen or document has been removed, taken, shipped, had in possession or otherwise dealt in contravention of the regulations may, in Nunavut, without a warrant, seize the object, specimen or document.

  • Marginal note:Forfeiture

    (2) A peace officer who makes a seizure under subsection (1) shall report the seizure as soon as practicable to a justice of the peace, who may, on being satisfied that the object, specimen or document was removed, taken, shipped, had in possession or otherwise dealt with in contravention of the regulations, declare it to be forfeited to Her Majesty in right of Canada and, on that declaration, it is forfeited.

*PART III*[Note: Part III Repealed July 1, 1999.]

PART IVTransitional Provisions

Expenditures

Marginal note:Expenditures

 Until the first Legislative Assembly of Nunavut is convened, the Commissioner of Nunavut may authorize the payment of monies out of the Nunavut Consolidated Revenue Fund for the purposes of defraying expenses incurred in respect of Nunavut for which there is no other lawful authority to defray.

Interim Commissioner of Nunavut

Marginal note:Interim Commissioner of Nunavut

  •  (1) The Governor in Council may establish the office of Interim Commissioner of Nunavut and may appoint a person to hold that office during pleasure until the appointment of the first Commissioner of Nunavut.

  • Marginal note:Directions

    (2) The Interim Commissioner shall act in accordance with any written directions given to the Interim Commissioner by the Minister.

  • Marginal note:Publication

    (3) Directions respecting the exercise of the powers conferred by section 72 or 75 shall be published in such manner as the Minister may determine.

  • Marginal note:Absence, incapacity or vacancy

    (4) In the event of the absence or incapacity of the Interim Commissioner, or if the office of Interim Commissioner is vacant, the Minister may, after consultation with the Government of the Northwest Territories and Tunngavik, appoint a person to act as Interim Commissioner until the Interim Commissioner resumes the exercise of the powers, duties and functions of that office or a replacement Interim Commissioner is appointed under subsection (1).

  • 1993, c. 28, s. 71
  • 1998, c. 15, s. 11

Marginal note:Powers generally

  •  (1) The Interim Commissioner may

    • (a) enter into contracts for employment to begin on or after the day that section 3 comes into force, by the Government of Nunavut with the persons that the Interim Commissioner considers necessary for the operations of that Government;

    • (b) prescribe the duties of the persons referred to in paragraph (a) and the conditions of their employment consistent with the conditions of employment established by the Government of the Northwest Territories for its employees;

    • (b.1) assign to a person referred to in paragraph (a) any powers, duties or functions provided for in or under the laws of the Legislature that the person is to have and exercise;

    • (c) establish systems and processes for the Government of Nunavut, including the organization and administration of territorial courts; and

    • (d) carry out such other functions as the Governor in Council may, by order, assign to the Interim Commissioner for the purposes of facilitating the assumption by the Government of Nunavut of any of its powers, duties or functions.

  • Marginal note:Agreements binding

    (2) Agreements entered into pursuant to paragraph (1)(a) are binding on the Government of Nunavut.

  • Marginal note:Consultation

    (2.1) An assignment referred to in paragraph (1)(b.1) that involves powers, duties or functions under an ordinance of the Northwest Territories entitled the Legislative Assembly and Executive Council Act or flowing from an appointment made, on the recommendation of the Executive Council or the Council of the Northwest Territories, by the Commissioner of the Northwest Territories is subject to prior consultation by the Interim Commissioner with the Government of the Northwest Territories and Tunngavik.

  • Marginal note:Assignment of powers, duties and functions

    (2.2) The assignment referred to in paragraph (1)(b.1) is deemed to have been made in accordance with the laws that provide for those powers, duties and functions.

  • Marginal note:Alteration, etc. of systems

    (3) The Government of Nunavut may alter, revoke or replace any system or process established pursuant to paragraph (1)(c).

  • 1993, c. 28, s. 72
  • 1998, c. 15, s. 12

Marginal note:Agreements

  •  (1) The Interim Commissioner may, with the approval of the Governor in Council, enter into agreements

    • (a) with the Government of Canada in respect of federal government programs or other federal responsibilities in relation to Nunavut, including the supply of goods or services;

    • (a.1) with the Government of Canada, the Government of the Northwest Territories, the government of a province or any person in respect of programs or other responsibilities of the Government of Nunavut, including the supply of goods or services;

    • (b) with the Government of Canada or the Northwest Territories for funding in respect of Nunavut;

    • (c) with the Government of the Northwest Territories for the division of its assets and liabilities between Nunavut and the Northwest Territories, including rights and obligations arising under a contract entered into by the Government of the Northwest Territories; and

    • (d) with the Government of the Northwest Territories for the transfer, despite any law or any contractual restriction, of information in its possession to the Government of Nunavut.

  • Marginal note:Tabling of agreement

    (1.1) The Commissioner shall cause to be laid before the Legislative Assembly of Nunavut any agreement entered into under subsection (1).

  • Marginal note:Agreements binding

    (2) Subject to subsections (3) and (4), agreements entered into pursuant to this section are binding on the Government of Nunavut.

  • Marginal note:Exemption — no approval

    (2.1) The approval of the Governor in Council is not required for the Interim Commissioner to enter into an agreement under paragraph (1)(a) or (a.1) if the maximum total amount that the Government of Nunavut must pay under the agreement, including any renewal of the agreement under its terms to which the other party is entitled, is less than the greater of

    • (a) $400,000, and

    • (b) any other amount that the Governor in Council may, by order, prescribe for those agreements or any category of them.

  • Marginal note:Termination of agreements

    (3) The Government of Nunavut may, by giving notice in writing, terminate any agreement entered into with a government under paragraph (1)(a) or (a.1) at the end of the fiscal year following that in which the notice is given.

  • Marginal note:Idem

    (4) An agreement entered into pursuant to paragraph (1)(b) terminates two years after the coming into force of section 3, unless the agreement provides for an earlier termination.

  • Marginal note:Consent of affected third party

    (5) An agreement entered into under paragraph (1)(c) may affect the rights or obligations of a party that has entered into a contract with the Government of the Northwest Territories only if, before the agreement is entered into, the party consents to being so affected.

  • Marginal note:Exception — assignment

    (6) Despite subsection (5), an agreement entered into under paragraph (1)(c) may assign to the Government of Nunavut any right or obligation of the Government of the Northwest Territories arising under a contract entered into by it with a party that is not a government even if the contract does not allow for, or the party does not consent to, the assignment. The assignment binds the party but, unless the contract allows for the assignment or the party consents to it, the agreement must provide for compensation to the party for costs or losses, if any, arising from the assignment.

  • Marginal note:Transfer of Information

    (7) The possession and use, by the Government of Nunavut, of information transferred under an agreement entered into under paragraph (1)(d) shall be subject to

    • (a) the conditions contained in any contract entered into by the Government of the Northwest Territories that apply to the possession and use of the information, as if the Government of Nunavut were a party to the contract;

    • (b) the conditions contained in any federal law that apply to the possession and use, by the Government of the Northwest Territories, of the information; and

    • (c) all laws of the Legislature that apply to the possession and use of the information.

  • 1993, c. 28, s. 73
  • 1998, c. 15, s. 13

Marginal note:Powers of Governor in Council

  •  (1) In the absence of an agreement on a matter under paragraph 73(1)(c), the Governor in Council may, on the recommendation of the Minister, by order,

    • (a) in the case of any property, other than property referred to in section 44 of the Northwest Territories Act, transfer ownership of the property to the Government of Nunavut from the Government of the Northwest Territories; or

    • (b) in the case of a contract entered into between the Governments of Canada and the Northwest Territories giving rise to rights or obligations of the Government of the Northwest Territories, terminate the contract.

  • Marginal note:Consultation and notice

    (2) The Minister shall, before making the recommendation, consult with the Government of the Northwest Territories and the Interim Commissioner and shall, after that consultation, notify that Government and the Interim Commissioner of the contents of the recommendation.

  • Marginal note:Effective date

    (3) An order under subsection (1) may be made only on or before the day that section 3 comes into force, but it takes effect on that day.

  • 1998, c. 15, s. 14

Marginal note:Carrying out of programs

 The Government of Canada or the Northwest Territories may carry out any programs in accordance with any agreement entered into under paragraph 73(1)(a.1).

  • 1993, c. 28, s. 74
  • 1998, c. 15, s. 14

Marginal note:Staff

  •  (1) The Interim Commissioner may employ such employees as the Interim Commissioner considers necessary for the proper conduct of the Interim Commissioner’s work and may prescribe their duties and the conditions of their employment consistent with the conditions of employment established by the Government of the Northwest Territories for its employees.

  • Marginal note:Termination of employment

    (2) The employment of persons by the Interim Commissioner terminates not later than the day on which the first Commissioner is appointed.

  • Marginal note:Severance pay

    (3) An employee to whom this section applies who becomes employed by a department or portion of government that is a part of the Public Service as defined in subsection 3(1) of the Public Service Superannuation Act within three months after the day that the employment with the Interim Commissioner terminates is not entitled to severance pay for the termination of that employment.

  • Marginal note:Supply of goods and services

    (4) For greater certainty, the Interim Commissioner may enter into contracts for the supply of goods or services considered necessary for the proper conduct of the Interim Commissioner’s work.

  • Marginal note:Supply contracts — coming into force

    (5) Subsection (4) is deemed to have come into force on November 26, 1996 and any contract entered into by the Interim Commissioner before this section comes into force is deemed to have been entered into under this Act, to the extent that the Interim Commissioner could enter into the contract under this section.

  • 1993, c. 28, s. 75
  • 1998, c. 15, s. 15

Council of the Northwest Territories

Marginal note:Sitting members

  •  (1) A member of the Council of the Northwest Territories whose electoral district does not include any of the communities listed in Schedule II ceases, on the coming into force of section 3, to be a member of the Council.

  • Marginal note:Change of name

    (2) If the name of a community listed in Schedule II is changed, the reference in that Schedule to the name of the community shall be construed as a reference to the new name of the community.

First Elections

Marginal note:Number of members and electoral districts

  •  (1) Despite section 14 and any law of the Legislature, for the first elections of members of the Legislative Assembly, the Governor in Council shall, by order, prescribe the number of members of the Assembly and describe and name the electoral districts in Nunavut, but in no event shall the number of members of the first Assembly be fewer than ten.

  • Marginal note:Writs — when issued

    (2) Writs for the first elections of members of the Assembly shall, subject to the laws governing those elections, be issued no later than thirty days after the day that section 3 comes into force.

  • 1998, c. 15, s. 16

Marginal note:Laws for election

  •  (1) Despite the laws of the Legislature, the laws governing the first elections of members of the Assembly are the laws that apply to the conduct of elections in the Northwest Territories on the day that this section comes into force, with any modifications that the Governor in Council may, by order, prescribe.

  • Marginal note:Publication of order

    (2) A notice of a proposed order shall be published in the Canada Gazette at least thirty days before the order is made and an opportunity shall be given to interested persons to make representations to the Minister about the proposed order. The notice may be published before this section comes into force.

  • Marginal note:Exception

    (3) Once a notice is published under subsection (2), no further notice is required to be published about any amendment to the proposed order that results from representations made by interested persons.

  • Marginal note:Chief electoral officer

    (4) The chief electoral officer for the first elections of members of the Assembly is the Chief Electoral Officer of the Northwest Territories.

  • 1998, c. 15, s. 16
 
Date modified: