Definition of ``senior judge''

(6) In this section, ``senior judge'' of the Supreme Court of the Yukon Territory, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice means the judge with the earlier date of appointment to the court in question, or in the case of more than one judge appointed on the same day, means the judge that the Governor in Council may designate as the senior judge.

1989, c. 8, s. 11(1)

75. (1) Paragraphs 40(1)(c) and (d) of the Act are replaced by the following:

    (c) a judge of the Supreme Court of the Yukon Territory, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who, within two years after retiring or resigning from that office, moves to a place of residence in one of the ten provinces or to another territory;

    (d) the surviving spouse or child, as defined in subsection 47(1), of a judge of the Supreme Court of the Yukon Territory, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who dies while holding office as such, where the surviving spouse or child, within two years after the death, moves to a place of residence in one of the ten provinces or to another territory;

R.S., c. 50 (1st Supp.), s. 6(2)

(2) Subsection 40(1.1) of the Act is replaced by the following:

Limitation

(1.1) Paragraphs (1)(c) and (d) apply only in respect of a judge who resided in one of the ten provinces or in another territory at the time of appointment to the Supreme Court of the Yukon Territory, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be.

1996, c. 30, s. 4(2)

76. Subsection 54(4) of the Act is replaced by the following:

Definition of ``senior judge''

(4) In this section, ``senior judge'', in respect of the Supreme Court of the Yukon Territory, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, means the judge with the earliest date of appointment to the Court in question, or in the case of more than one judge appointed on the same day, means the judge that the Governor in Council may designate as the senior judge.

77. (1) Paragraph 59(1)(c) of the Act is replaced by the following:

    (c) the senior judges, as defined in subsection 22(3), of the Supreme Court of the Yukon Territory, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice;

(2) Subsections 59(2) and (3) of the Act are repealed.

R.S., c. L-5

Land Titles Act

78. Section 101 of the Land Titles Act is replaced by the following:

Proceedings to enforce mortgage or encumbrance

101. Proceedings to enforce payment of moneys secured by a mortgage or encumbrance, to enforce the observance of the covenants, agreements, stipulations or conditions contained in any mortgage or encumbrance, for the sale of the lands mortgaged or encumbered or to foreclose the estate, interest or claim of any person in or on the land mortgaged or encumbered, as well as proceedings to redeem or discharge any land from any mortgage or encumbrance, shall be had and taken in the Yukon Territory, in the Supreme Court, in the Northwest Territories, in the Supreme Court, and in Nunavut, in the Nunavut Court of Justice.

R.S., c. L-6

Canada Lands Surveys Act

79. (1) Paragraph 41(2)(c) of the Canada Lands Surveys Act is replaced by the following:

    (c) that any person to whom the notice of decision is mailed has a right of appeal from the decision to the Supreme Court of the Yukon Territory, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be, within sixty days after the date of the notice; and

(2) Subsection 41(4) of the Act is replaced by the following:

Who may appeal

(4) Any person to whom a notice of decision is mailed under this section may, within sixty days after the date of the notice of decision and if within that time the person serves the Minister or the Commissioner with a notice of appeal, appeal from the decision of the Minister or the Commissioner to the Supreme Court of the Yukon Territory, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be.

R.S., c. 30 (4th Supp.)

Mutual Legal Assistance in Criminal Matters Act

1992, c. 51, s. 58(2)

80. Paragraph (d) of the definition ``judge'' in subsection 2(1) of the Mutual Legal Assistance in Criminal Matters Act is replaced by the following:

      (d) in Nova Scotia, British Columbia, Newfoundland, the Yukon Territory and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice;

1998, c. 15

An Act to amend the Nunavut Act and the Constitution Act, 1867

81. Paragraph 50(a) of An Act to amend the Nunavut Act and the Constitution Act, 1867 is repealed.

R.S., c. 32 (4th Supp.)

Railway Safety Act

82. Paragraph (e) of the definition ``superior court'' in subsection 4(1) of the Railway Safety Act is replaced by the following:

      (e) in the Yukon Territory and the Northwest Territories, the Supreme Court of the territory, and in Nunavut, the Nunavut Court of Justice;

R.S., c. T-7

Territorial Lands Act

83. The definition ``judge of the Court'' in section 2 of the Territorial Lands Act is replaced by the following:

``judge of the Court''
« juge »

``judge of the Court'' means, in relation to any matter arising in the Yukon Territory, a judge of the Supreme Court of the Yukon Territory, in relation to any matter arising in the Northwest Territories, a judge of the Supreme Court of the Northwest Territories, and, in relation to any matter arising in Nunavut, a judge of the Nunavut Court of Justice;

1991, c. 45

Trust and Loan Companies Act

84. Paragraph (f) of the definition ``court'' in section 2 of the Trust and Loan Companies Act is replaced by the following:

      (f) in the Yukon Territory and the Northwest Territories, the Supreme Court of the territory, and in Nunavut, the Nunavut Court of Justice;

R.S., c. W-11; 1996, c. 6, s. 134

Winding-up and Restructuring Act

85. Paragraph (d) of the definition ``court'' in section 2 of the Winding-up and Restructuring Act is replaced by the following:

      (d) in the Yukon Territory and the Northwest Territories, the Supreme Court of the territory, and in Nunavut, the Nunavut Court of Justice;

R.S., c. Y-1

Young Offenders Act

86. Section 8 of the Young Offenders Act is amended by adding the following after subsection (6):

Nunavut

(6.1) Despite subsection (6), an application under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a youth court judge who is a judge of the Nunavut Court of Justice shall be made to a judge of that court.

87. Subsection 12(4) of the Act is replaced by the following:

Where youth court not satisfied

(4) Where the youth court is not satisfied that a young person understands the charge against the young person, as required under paragraph (3)(a), the court shall enter a plea of not guilty on behalf of the young person and shall proceed with the trial in accordance with subsection 19(2) or, with respect to proceedings in Nunavut, subsection 19.1(2).

88. The Act is amended by adding the following after section 19:

If young person pleads guilty - Nunavut

19.1 (1) If a young person pleads guilty to an offence charged against the young person and the youth court is satisfied that the facts support the charge, the court shall find the young person guilty of the offence.

If young person pleads not guilty - Nunavut

(2) If a young person charged with an offence pleads not guilty to the offence or pleads guilty but the youth court is not satisfied that the facts support the charge, the court shall, subject to subsection (4), proceed with the trial and shall, after considering the matter, find the young person guilty or not guilty or make an order dismissing the charge, as the case may be.

Application for transfer to ordinary court - Nunavut

(3) The court shall not make a finding under this section in respect of a young person in respect of whom an application may be made under section 16 for an order that the young person be proceeded against in ordinary court unless it has inquired as to whether any of the parties to the proceedings wishes to make such an application, and, if any party so wishes, has given that party an opportunity to do so.

Election re offence of murder - Nunavut

(4) If a young person is charged with having committed first degree murder or second degree murder within the meaning of section 231 of the Criminal Code, the youth court, before proceeding with the trial, shall ask the young person to elect

    (a) to be tried by a judge of the Nunavut Court of Justice alone, acting as a youth court, or

    (b) to have a preliminary inquiry and to be tried by a judge of the Nunavut Court of Justice, acting as a youth court, with a jury,

and if a young person elects under paragraph (a) or (b), the young person shall be dealt with as provided in this Act.

If no election made - Nunavut

(5) Despite section 5, if an election is not made under subsection (4), the young person shall be deemed to have elected under paragraph (4)(b).

Preliminary inquiry - Nunavut

(6) If a young person elects or is deemed to have elected under paragraph (4)(b), a preliminary inquiry shall be held in the youth court and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be before a judge of the Nunavut Court of Justice, acting as a youth court, with a jury.

Preliminary inquiry provisions of Criminal Code - Nunavut

(7) A preliminary inquiry referred to in subsection (6) shall be conducted in accordance with the provisions of Part XVIII of the Criminal Code, except to the extent that they are inconsistent with this Act.

Parts XIX and XX of the Criminal Code - Nunavut

(8) Proceedings under this Act before a judge of the Nunavut Court of Justice, acting as a youth court, with a jury shall be conducted, with any modifications that the circumstances require, in accordance with the provisions of Parts XIX and XX of the Criminal Code, except that

    (a) the provisions of this Act respecting the protection of privacy of young persons prevail over the provisions of the Criminal Code; and

    (b) the young person is entitled to be represented in court by counsel if the young person is removed from court pursuant to subsection 650(2) of the Criminal Code.

Application to Nunavut

(9) This section, and not section 19, applies in respect of proceedings under this Act in Nunavut.

89. Section 27 of the Act is amended by adding the following after subsection (3):

Nunavut

(3.1) Despite subsection (3), if the Nunavut Court of Justice is acting as a youth court, an appeal under subsection (1.1) shall be made to a judge of the Court of Appeal of Nunavut, and an appeal of that judge's decision shall be made to the Court of Appeal of Nunavut in accordance with section 839 of the Criminal Code.

R.S., c. Y-2

Yukon Act

90. Section 34 of the Yukon Act is replaced by the following:

Ex officio judges

34. A judge, other than a deputy judge, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice is ex officio a judge of the Supreme Court of the Yukon Territory.

Conditional Amendment

Bill C-40

91. If Bill C-40, introduced in the first session of the thirty-sixth Parliament and entitled An Act respecting extradition, to amend the Canada Evidence Act, the Criminal Code, the Immigration Act and the Mutual Legal Assistance in Criminal Matters Act and to amend and repeal other Acts in consequence, is assented to and section 130 of that Act comes into force before section 66 of this Act, section 66 of this Act is repealed.

Coming into Force

Coming into force

92. (1) Subsection 7(1) is deemed to have come into force on June 12, 1998.

Coming into force

(2) Sections 13 to 90 come into force on the day section 3 of the Nunavut Act comes into force.