First Elections

Number of members and electoral districts

76.01 (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.

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.

Laws for election

76.02 (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.

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.

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.

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.

Writs -
-instructions and return

76.03 (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.

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.

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.

Qualifica-
tions of members of Council of NWT

76.04 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.

Initial Laws of Nunavut

Amending ordinances

76.05 (1) In relation to any ordinance referred to in subsection 29(1), on the recommendation of the Interim Commissioner, the Commissioner in Council of the Northwest Territories may, before the day that section 3 comes into force and to the extent of the legislative competence of the Legislature, by ordinance, specify

    (a) the text that will become the law of the Legislature instead of a duplicate of that ordinance that would otherwise become a law of the Legislature under subsection 29(1); or

    (b) the differences between the text of what will become the law of the Legislature and the ordinance referred to in subsection 29(1).

Consultation

(2) The recommendation may be made only after the Government of the Northwest Territories consults with Tunngavik.

Ordinances-
-paragraph (1)(a)

(3) If an ordinance is made under paragraph (1)(a), the text it specifies is, on the day that section 3 comes into force, deemed to be a law of the Legislature and the ordinance referred to in that paragraph is not duplicated under subsection 29(1).

Ordinances-
-paragraph (1)(b)

(4) If an ordinance is made under paragraph (1)(b), the law of the Legislature, on the day that section 3 comes into force, is the duplicate under subsection 29(1) of the ordinance referred to in that paragraph with the differences specified.

Transmittal and disallowance

(5) Section 21 of the Northwest Territories Act applies to an ordinance made under subsection (1), and section 28 of this Act does not apply to the law of the Legislature resulting from the application of subsection (3) or (4) to the ordinance. If a provision of the ordinance is disallowed under subsection 21(2) of that Act, then the provision of the law of the Legislature resulting from the application of subsection (3) or (4) to the provision of the ordinance is disallowed.

Public offices and public bodies

(6) An ordinance made under subsection (1) may exempt a public office or public body from the application of section 76.06 and, in that case,

    (a) the recommendation by the Interim Commissioner may be made only after the Government of the Northwest Territories consults with the public office or public body; and

    (b) the ordinance must provide for the circumstances under which the assets and liabilities of the public office or public body, and any funds that it administers, may be divided and the manner in or process by which that division may be determined.

Public Offices and Bodies

General rule --
duplication

76.06 (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.

Territorial courts

(2) For greater certainty, subsection (1) applies to a territorial court, other than a superior court. Subsection 76.05(6) does not apply to territorial courts.

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).

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.

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 that day.

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.

Continued offices and bodies

76.07 (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.

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).

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.

Collective agreements

76.08 (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.

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.

Pending Matters

New public bodies

76.09 (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.

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.

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.

Exception -j udicial matters

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

Nunavut courts

76.1 (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.

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.

Transfer

76.11 (1) A court, judge or justice of the Northwest Territories may, by order, transfer any matter referred to in subsection 76.1(2) to a court, judge or justice of competent jurisdiction of Nunavut at the same level, if the court, judge or justice of the Northwest Territories is satisfied that the transfer is in the interests of the administration of justice and the parties consent.

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 court, judge or justice to which the matter is to be transferred or to an appropriate officer of Nunavut.

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 court, judge or justice to which the matter is transferred. 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 a court, judge or justice of competent jurisdiction of Nunavut.

Sittings for pending cases

76.12 (1) For any matter referred to in section 76.1 or 76.11, the territorial courts, including superior courts,

    (a) 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) of Nunavut may exercise and perform all their 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.

Applicable laws

(2) The laws that apply to a matter before a court, judge or justice referred to in subsection (1), wherever the court, judge or justice is sitting, are

    (a) the laws that apply to matters in Nunavut, if the courts, judges or justices of Nunavut have jurisdiction over the matter; and

    (b) the laws that apply to matters in the Northwest Territories, if the courts, judges or justices of the Northwest Territories have jurisdiction over the matter.

Enforcement of decisions

(3) Any judgment, conviction, sentence or order pronounced or made in any matter referred to in subsection (1) 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.

Justices of the peace

76.13 (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.

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.

17. The Act is amended by adding the following after section 77:

77.1 Subsection 9(2) of the Act is replaced by the following:

Size of Council

(2) The Council consists of fourteen members, unless the Commissioner in Council, by ordinance, fixes another number of members, not less than fourteen and not more than twenty-five.

77.2 Section 34 of the Act is replaced by the following:

Supreme Court judges of Yukon and Nunavut

34. A judge of the Supreme Court of the Yukon Territory or the Supreme Court of Nunavut is ex officio a judge of the Supreme Court of the Northwest Territories.

77.3 Section 39 of the Act is replaced by the following:

Sittings

39. The Court of Appeal of the Territories may sit in the Territories, in the Province of Alberta or in Nunavut.

18. Schedule III to the Act is amended by adding the following after section 8: