Northwest Territories Devolution Act (S.C. 2014, c. 2)
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Assented to 2014-03-25
Amendments to Other Acts
R.S., c. A-1Access to Information Act
Marginal note:2013, c. 14, s. 17
3. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Northwest Territories Surface Rights Board
Office des droits de surface des Territoires du Nord-Ouest
Northwest Territories Water Board
Office des eaux des Territoires du Nord-Ouest
R.S., c. A-12Arctic Waters Pollution Prevention Act
Marginal note:2002, c. 7, s. 278
4. The definition “analyst” in section 2 of the Arctic Waters Pollution Prevention Act is replaced by the following:
“analyst”
« analyste »
“analyst” means a person designated as an analyst under the Canada Water Act, the Mackenzie Valley Resource Management Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act;
R.S., c. C-5Canada Evidence Act
Marginal note:2002, c. 7, s. 96
5. Subsection 22(2) of the Canada Evidence Act is replaced by the following:
Marginal note:Territories
(2) Evidence of any proclamation, order, regulation or appointment made by the Lieutenant Governor or Lieutenant Governor in Council of the Northwest Territories, as constituted prior to September 1, 1905, or by the Legislature of Yukon, of the Northwest Territories or for Nunavut, may be given by the production of a copy of the Canada Gazette purporting to contain a copy of the proclamation, order, regulation or appointment, or a notice of it.
R.S., c. C-11Canada Water Act
Marginal note:2002, c. 7, s. 115
6. The definition “federal waters” in subsection 2(1) of the Canada Water Act is replaced by the following:
“federal waters”
« eaux fédérales »
“federal waters” means — other than in Yukon and the Northwest Territories — waters under the exclusive legislative jurisdiction of Parliament and
(a) in Yukon, waters in a federal conservation area as defined in section 2 of the Yukon Act, and
(b) in the Northwest Territories, waters other than those in respect of which the Legislature of the Northwest Territories may make laws under paragraph 18(1)(n) of the Northwest Territories Act;
R.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act
Marginal note:2002, c. 7, s. 151
7. The definition “servant” in section 2 of the Crown Liability and Proceedings Act is replaced by the following:
“servant”
« préposés »
“servant” includes agent, but does not include any person appointed or employed by or under the authority of a law of the Legislature of Yukon, of the Northwest Territories or for Nunavut;
R.S., c. E-3Electoral Boundaries Readjustment Act
Marginal note:1993, c. 28, s. 78 (Sch. III, item 45.3); 1998, c. 15, s. 25
8. Section 30 of the Electoral Boundaries Readjustment Act is replaced by the following:
Marginal note:Territorial electoral districts
30. In each of Yukon, the Northwest Territories and Nunavut, there shall be one electoral district respectively named and described as follows, each of which shall return one member:
Yukon: consisting of Yukon as bounded and described in Schedule 1 to the Yukon Act.
Western Arctic: consisting of the Northwest Territories as bounded and described in the definition “Northwest Territories” in section 2 of the Northwest Territories Act.
Nunavut: consisting of Nunavut as bounded and described in section 3 of the Nunavut Act.
R.S., c. E-15Excise Tax Act
Marginal note:2002, c. 7, s. 166
9. Subsection 2(2) of the Excise Tax Act is replaced by the following:
Marginal note:Application to territories
(2) For the purposes of this Act, the expression “Her Majesty in right of a province” includes the governments of Yukon, the Northwest Territories and Nunavut and the expression “legislature of any province” includes the Legislative Assembly of Yukon, the Northwest Territories or Nunavut.
R.S., c. F-8; 1995, c. 17, s. 45(1)Federal-Provincial Fiscal Arrangements Act
Marginal note:2007, c. 29, s. 62
10. (1) The portion of section 4.7 of the French version of the Federal-Provincial Fiscal Arrangements Act before paragraph (a) is replaced by the following:
Marginal note:Recouvrement — Yukon
4.7 Le ministre peut recouvrer sur les sommes à payer au Yukon au titre de la présente partie la somme, déterminée par le ministre, qui est calculée au titre des dispositions ci-après des accords suivants :
(2) Section 4.7 of the Act is renumbered as subsection 4.7(1) and is amended by adding the following:
Marginal note:Recovery — Northwest Territories
(2) The Minister may recover, from any amount payable under this Part to the Northwest Territories, the amount, as determined by the Minister, that is computed under section 10.2 of the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013, as amended from time to time.
R.S., c. H-6Canadian Human Rights Act
11. Subsection 66(3) of the Canadian Human Rights Act is repealed.
R.S., c. I-3Importation of Intoxicating Liquors Act
Marginal note:2002, c. 7, s. 182
12. The definition “province” in section 2 of the Importation of Intoxicating Liquors Act is replaced by the following:
“province”
« province »
“province” means any province — other than Yukon and the Northwest Territories — in which there is in force an Act giving the government of the province or any board, commission, officer or other governmental agency control over the sale of intoxicating liquor in that province;
R.S., c. I-6Department of Indian Affairs and Northern Development Act
Marginal note:2002, c. 7, s. 156
13. Section 6 of the Department of Indian Affairs and Northern Development Act is replaced by the following:
Marginal note:Administration of lands — Nunavut
6. (1) The Minister has the administration of lands situated in Nunavut belonging to Her Majesty in right of Canada except those lands
(a) that are under the administration of any other minister of the Government of Canada or any agent corporation as defined in subsection 83(1) of the Financial Administration Act; or
(b) that are under the administration and control of the Commissioner of Nunavut under the Nunavut Act.
Marginal note:Yukon and Northwest Territories
(2) The Minister has the administration of public real property as defined in section 2 of the Yukon Act — and public lands as defined in section 2 of the Northwest Territories Act — except that public real property or those public lands, as the case may be, that are under
(a) the administration of another minister of the Government of Canada or any agent corporation as defined in subsection 83(1) of the Financial Administration Act; or
(b) the administration and control of the Commissioner of Yukon or the Commissioner of the Northwest Territories, as the case may be, under the applicable Act.
R.S., c. I-21Interpretation Act
Marginal note:2002, c. 7, s. 188(1)
14. (1) The definition “legislative assembly”, “legislative council” or “legislature” in subsection 35(1) of the Interpretation Act is repealed.
Marginal note:2002, c. 7, s. 188(1)
(2) The definitions “Act” and “lieutenant governor in council” in subsection 35(1) of the Act are replaced by the following:
“Act”
« loi provinciale »
“Act”, in respect of an Act of a legislature, includes a law of the Legislature of Yukon, of the Northwest Territories or for Nunavut;
“lieutenant governor in council”
« lieutenant-gouverneur en conseil »
“lieutenant governor in council” means
(a) the lieutenant governor of the province indicated by the enactment acting by and with the advice of, by and with the advice and consent of, or in conjunction with, the executive council,
(b) in Yukon, the Commissioner of Yukon acting with the consent of the Executive Council of Yukon,
(c) in the Northwest Territories, the Commissioner of the Northwest Territories acting with the consent of the Executive Council of the Northwest Territories, and
(d) in Nunavut, the Commissioner;
(3) Subsection 35(1) of the Act is amended by adding the following in alphabetical order:
“legislative assembly” or “legislature”
« législature » ou « assemblée législative »
“legislative assembly” or “legislature” includes the Lieutenant Governor in Council and the Legislative Assembly of the Northwest Territories, as constituted before September 1, 1905, and the Legislature of Yukon, of the Northwest Territories or for Nunavut;
R.S., c. L-6Canada Lands Surveys Act
15. Paragraph (b) of the definition “Commissioner” in subsection 2(1) of the Canada Lands Surveys Act is replaced by the following:
(b) in respect of lands under his or her administration and control under the Northwest Territories Act, the Commissioner of the Northwest Territories, and
Marginal note:2002, c. 7, s. 100
16. Section 22 of the Act is replaced by the following:
Marginal note:Surveys made by Canada Lands Surveyor under other Act
22. The provisions of sections 17, 18 and 23 apply, with any modifications that the circumstances require, to surveys under any other Act of Parliament, or any regulation made under such an Act, or any law of the Legislature of Yukon, of the Northwest Territories or for Nunavut if the Act, regulation or law requires the surveys to be made by a Canada Lands Surveyor.
Marginal note:2002, c. 7, s. 102
17. Subsection 32(2) of the French version of the Act is replaced by the following:
Marginal note:Territoires
(2) Dans les terres du Canada situées au Yukon, dans les Territoires du Nord-Ouest ou au Nunavut, toutes les réserves établies au cours de l’arpentage de chemins, rues, ruelles ou terrains communaux dans une ville, un village ou un établissement sont des routes publiques ou des terrains communaux.
R.S., c. N-7National Energy Board Act
18. The National Energy Board Act is amended by adding the following after section 12:
Marginal note:Jurisdiction — Inuvialuit Settlement Region
12.1 (1) The Board shall, for a period of 20 years beginning on the day on which this section comes into force, be the regulator — under any law of the Legislature of the Northwest Territories that is made under paragraph 19(1)(a), (b) or (c) of the Northwest Territories Act — in respect of that portion of the Inuvialuit Settlement Region, as defined in section 2 of the Canada Oil and Gas Operations Act, that is situated in the onshore as defined in section 2 of the Northwest Territories Act.
Marginal note:Successive periods and termination
(2) The Government of Canada and the Government of the Northwest Territories may agree that the Board shall be the regulator for successive periods of 20 years each; they may also, before the expiry of each successive period, agree to its earlier termination.
R.S., c. N-26Northern Pipeline Act
Marginal note:2002, c. 7, s. 214
19. Paragraph 10(c) of the Northern Pipeline Act is replaced by the following:
(c) enter into such agreements with the government of a province, or with the government of Yukon or the Northwest Territories after consultation with the Legislature of Yukon or the Northwest Territories, as may be necessary to facilitate the attainment of the objects of this Act and to provide for coordination and review of the activities of the Agency and those governments in relation to the pipeline;
R.S., c. O-7; 1992, c. 35, s. 2Canada Oil and Gas Operations Act
20. Section 2 of the Canada Oil and Gas Operations Act is amended by adding the following in alphabetical order:
“Agreement”
« accord »
“Agreement” means 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.
“Inuvialuit Settlement Region”
« région désignée des Inuvialuits »
“Inuvialuit Settlement Region” has the same meaning as in section 2 of the Agreement — as defined in section 2 of the Western Arctic (Inuvialuit) Claims Settlement Act — excluding any area in Yukon or in the adjoining area as defined in section 2 of the Yukon Act.
“onshore”
« région intracôtière »
“onshore” has the same meaning as in section 2 of the Northwest Territories Act;
“straddling resource”
« ressource chevauchante »
“straddling resource” means a pool or field that the National Energy Board determines under section 48.02
(a) is wholly or partly in the Inuvialuit Settlement Region, other than in Inuvialuit lands as defined in Article 2.1 of the Agreement, and
(b) straddles the offshore, as defined in section 48.01, and the onshore;
Marginal note:1996, c. 31, s. 93; 1998, c. 15, par. 49(b)
21. Paragraphs 3(a) and (b) of the Act are replaced by the following:
(a) that part of the onshore that is under the administration of a federal minister,
(b) Nunavut,
(c) Sable Island,
(d) that part — of the internal waters of Canada or the territorial sea of Canada — that is not situated
(i) in a province other than the Northwest Territories, or
(ii) in that part of the onshore that is not under the administration of a federal minister, and
(e) the continental shelf of Canada and the waters superjacent to the seabed of that continental shelf,
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