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Nunavut Act (S.C. 1993, c. 28)

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

PART IVTransitional Provisions (continued)

First Elections (continued)

Marginal note:Writs — instructions and return

  •  (1) Despite section 15, the Governor in Council may, before the day that section 3 comes into force, give the chief electoral officer instructions to issue the writs for the first elections of members of the Assembly.

  • Marginal note:Return of writs

    (2) The day for the return of those writs must be set in accordance with the laws governing the elections and may be before or after the coming into force of section 3.

  • Marginal note:Status of elected candidates

    (3) For greater certainty, a candidate who is elected, before the day that section 3 comes into force, is not, for any purpose, a member of the Assembly until the Assembly is established under section 13.

  • 1998, c. 15, s. 16

Marginal note:Qualifications of members of Council of NWT

 Despite any other law, a member of the Council of the Northwest Territories may be a candidate, and be declared elected, in the first elections of members of the Assembly without affecting, before the day that section 3 comes into force, her or his qualifications to sit or vote as a member of the Council.

  • 1998, c. 15, s. 16

 [Repealed, 2014, c. 2, s. 43]

Public Offices and Bodies

Marginal note:General rule — duplication

  •  (1) Subject to this Part, on the day that section 3 comes into force, for every public office or public body established or continued by an ordinance of the Northwest Territories that has, immediately before that day, powers, duties or functions in relation to both a part of the Northwest Territories described in section 3 and a part of the rest of those Territories and for every office or body on a list made under subsection (3), there is established, with any modifications that the circumstances require, by the laws of the Legislature a duplicate and distinct office or body, with the same powers, duties or functions in relation to Nunavut.

  • Marginal note:Courts excluded

    (2) Subsection (1) does not apply to courts of the Northwest Territories.

  • Marginal note:Nunavut Court of Justice

    (2.1) For greater certainty, the Nunavut Court of Justice has and may exercise in relation to Nunavut the powers, duties and functions of any territorial court referred to in a law duplicated under subsection 29(1).

  • Marginal note:List

    (3) Before the day that section 3 comes into force, the Governor in Council may, on the recommendation of the Minister of the Government of the Northwest Territories responsible for intergovernmental affairs and the Interim Commissioner, by order, make the list referred to in subsection (1).

  • Marginal note:Assets and liabilities

    (4) To the extent that the assets and liabilities of an office or body referred to in subsection (1), or any funds that it administers, are not subject to paragraph 73(1)(c), they continue, on and after the day that section 3 comes into force, to be the assets and liabilities of the office or body of the Northwest Territories, or funds administered by it, until they are fairly divided between that office or body and the corresponding office or body of Nunavut.

  • Marginal note:Mechanisms for division

    (5) The division may occur by

    • (a) an agreement between those offices or bodies; or

    • (b) in the absence of an agreement, an order of the Supreme Court of the Northwest Territories on an application by either office or body made on or after the day that is one year after the day that section 3 comes into force.

  • Marginal note:Principles for division

    (6) A division made under paragraph (5)(b) must, to the extent possible, put each office or body into the position that it would have been in had a fair division of the assets and liabilities, and administered funds, occurred on the day that section 3 comes into force.

  • 1998, c. 15, s. 16
  • 1999, c. 3, s. 7

Marginal note:Continued offices and bodies

  •  (1) Subject to this Act, on the day that section 3 comes into force, a public office or public body established or continued by an ordinance of the Northwest Territories that has, immediately before that day, powers, duties or functions in relation only to the part of the Northwest Territories described in that section and an office or a body on a list made under subsection (2) is continued for Nunavut only, with the same powers, duties or functions, but is deemed to have been established by the laws of the Legislature.

  • Marginal note:List

    (2) Before the day that section 3 comes into force, the Governor in Council may, on the recommendation of the Minister of the Government of the Northwest Territories responsible for intergovernmental affairs and the Interim Commissioner, by order, make the list referred to in subsection (1).

  • Marginal note:Officers and employees

    (3) Persons who are, immediately before the day that section 3 comes into force, office holders or officers or employees of the offices and bodies referred to in subsection (1) continue, on and after that day, to occupy their respective positions, with the same tenure, but they are deemed to hold, and to have assumed, them under the laws of the Legislature.

  • 1998, c. 15, s. 16

Marginal note:Collective agreements

  •  (1) The terms of a collective agreement entered into by the Minister responsible for the ordinance of the Northwest Territories entitled the Public Service Act, and any arbitration decision in relation to the collective agreement, that is in force on the day immediately before the coming into force of section 3 remains in force after that day in relation to Nunavut and the corresponding employees of the Government of Nunavut with the substitution of the Government of Nunavut for the Government of the Northwest Territories as the employer and any other modifications that the circumstances require.

  • Marginal note:Expiry

    (2) In relation to Nunavut, a collective agreement referred to in subsection (1) expires in accordance with its terms and any laws that apply to it unless the parties to the collective agreement agree, before the expiry date, that the collective agreement expires on a later date that may not be later than March 31, 2000.

  • 1998, c. 15, s. 16

Pending Matters

Marginal note:New public bodies

  •  (1) Subject to subsection (3), jurisdiction over a matter that was pending before an office or body of the Northwest Territories referred to in subsection 76.06(1) immediately before the day that section 3 comes into force is transferred, on that day, to the extent that it relates to Nunavut, to the corresponding duplicate office or body established for Nunavut. The office or body of the Northwest Territories retains jurisdiction to deal with the matter to the extent that it relates to the Northwest Territories.

  • Marginal note:Validity of proceedings

    (2) For greater certainty, the transfer under subsection (1) of a pending matter does not affect the validity of any steps taken or documents filed before the transfer and those steps or documents, to the extent that they relate to Nunavut, are deemed to have been taken or filed, respectively, under the laws of the Legislature.

  • Marginal note:Exception — agreement

    (3) The Interim Commissioner may enter into an agreement with the Government of the Northwest Territories to allow an office or body of the Northwest Territories to retain, despite the coming into force of section 3, jurisdiction over a matter referred to in subsection (1) in relation to Nunavut. Any rights, privileges, licences, permits, authorizations, approvals, certificates, registrations or filings, or any status or decision, in relation to Nunavut in the matter, whenever provided, are deemed to have been provided for by or under the laws of the Legislature.

  • Marginal note:Exception — judicial matters

    (4) This section does not apply to matters to which section 76.1 applies.

  • 1998, c. 15, s. 16

Marginal note:Nunavut courts

  •  (1) A court, judge or justice of Nunavut has jurisdiction over any matter commenced, on or after the day that section 3 comes into force, even if the events giving rise to the matter occurred before that day, to the extent that it would have been within the jurisdiction of that court, judge or justice had those events occurred after that day.

  • Marginal note:Northwest Territories courts

    (2) A court, judge or justice of the Northwest Territories retains jurisdiction, until all appeals or reviews are exhausted, over any matter commenced before the day that section 3 comes into force, if it would have been within the jurisdiction of a court, judge or justice of Nunavut had it commenced after that day.

  • Marginal note:New trials

    (3) For greater certainty, an appeal or review mentioned in subsection (2) includes a new trial ordered and any appeal or review in relation to the new trial.

  • 1998, c. 15, s. 16
  • 1999, c. 3, s. 8

Marginal note:Transfer

  •  (1) A court, judge or justice of the Northwest Territories may, by order, transfer any matter referred to in subsection 76.1(2) to the Nunavut Court of Justice if the court, judge or justice of the Northwest Territories is satisfied that the transfer is in the interests of the administration of justice.

  • Marginal note:Transfer — record and materials

    (2) If a court, judge or justice makes an order under subsection (1), the order shall provide for the transfer of the record and any material relating to the matter to the Nunavut Court of Justice or to an appropriate officer of Nunavut.

  • Marginal note:Deemed record, orders or decisions of Nunavut courts

    (3) A record that is transferred by an order made under subsection (2) is deemed to be part of the record of the Nunavut Court of Justice. Any order or decision made or document issued by a court, judge or justice of the Northwest Territories in relation to the matter that is transferred is deemed to have been made or issued by the Nunavut Court of Justice.

  • 1998, c. 15, s. 16
  • 1999, c. 3, s. 9

Marginal note:Sittings for pending cases

  •  (1) For any matter referred to in section 76.1 or 76.11,

    • (a) the territorial courts, including superior courts, of the Northwest Territories may exercise and perform all their powers, duties and functions in any place in both the Northwest Territories and Nunavut; and

    • (b) the Nunavut Court of Justice may exercise and perform all of its powers, duties and functions in any place in Nunavut and, unless the laws of the Legislature made after the coming into force of section 3 provide otherwise, in the Northwest Territories.

  • Marginal note:Applicable laws

    (2) The laws that apply to a matter before a court when it sits in the other territory under subsection (1) are the laws that would apply if it heard the matter in the territory where it normally sits.

  • Marginal note:Enforcement of decisions

    (3) Any judgment, conviction, sentence or order pronounced or made in any matter commenced in the Northwest Territories before the day section 3 comes into force may be enforced or executed at any place in Nunavut or the Northwest Territories as the court with jurisdiction over the matter may direct, and the proper officers of the territory in which the judgment, conviction, sentence or order is to be enforced or executed may exercise all powers and authority necessary for that purpose.

  • 1998, c. 15, s. 16
  • 1999, c. 3, s. 10

Marginal note:Justices of the peace

  •  (1) The justices of the peace of the Northwest Territories who reside, immediately before the day that section 3 comes into force, in the territory referred to in section 3 are deemed to have been appointed justices of the peace under the laws of the Legislature and to have and exercise the powers, duties or functions of justices of the peace under the laws that apply in Nunavut.

  • Marginal note:Pending matters

    (2) In any matter referred to in subsection 76.1(2), the justices of the peace of the Northwest Territories referred to in subsection (1), despite their residency in Nunavut on and after the day that section 3 comes into force, continue to hold the office of justice of the peace of the Northwest Territories and to have and exercise, in Nunavut, the powers, duties or functions of justices of the peace of the Northwest Territories.

  • 1998, c. 15, s. 16

PART VConsequential Amendments and Coming into Force

Northwest Territories Act

 [Amendments]

Other Consequential Amendments

 [Amendments]

Coming into Force

Marginal note:Coming into force

  • Footnote * (1) Subject to subsection (2), this Act or any provision of this Act or of any Act as amended by this Act shall come into force on April 1, 1999 or on such earlier day or days as the Governor in Council may fix by order.

  • Marginal note:Idem

    (2) Part III shall come into force on the day that is six months after the day on which this Act is assented to or on such earlier day as the Governor in Council may fix by order.

    • Return to footnote *[Note: Part III in force December 10, 1993; sections 1 and 4 in force June 20, 1996, see SI/96-51; sections 71 to 75 in force November 26, 1996, see SI/96-102; sections 1, 121 and 126 of Schedule III in force November 27, 1997, see SI/97-136; subsection 14(2) in force June 1, 1998, see SI/98-69; subsection 128(2) of Schedule III deemed to have come into force November 26, 1996, see 1998, c. 15, s. 37(2); the definition Tunngavik in section 2 and sections 50.1, 76.01 to 76.07 and 76.09 in force June 11, 1998, see 1998, c. 15, s. 52(1); sections 9, 16 and 51 in force November 27, 1998, see SI/98-112.]

 
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