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Bill C-39

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RECOMMENDATION

His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act to amend the Nunavut Act and the Constitution Act, 1867''.

SUMMARY

This enactment amends the Nunavut Act and makes consequential amendments to other federal statutes, including the Constitution Act, 1867.

The principal amendments to the Nunavut Act provide for

    (a) Nunavut's initial set of laws which consist of enactments that duplicate the ordinances of the Northwest Territories (NWT), and the establishment of its initial governmental administration which duplicates the public offices and bodies of the NWT;

    (b) the preservation in Nunavut of rights, privileges and authorizations granted, before its establishment, under NWT laws;

    (c) the assignment to the Government of Nunavut of federal leases of facilities and housing being built for that Government;

    (d) the clarification of the authorities and powers of the Interim Commissioner of Nunavut;

    (e) the authority for the Governor in Council, in the absence of agreement on the division of the existing NWT assets and liabilities, to transfer the ownership of property, other than land, from the NWT to Nunavut and to terminate certain federal contracts;

    (f) holding the first general election for the Legislative Assembly of Nunavut before the new territory is established to allow the Legislature to function as soon as that establishment occurs;

    (g) the application of collective agreements entered into by the Government of the Northwest Territories with its public service to Nunavut's public service; and

    (h) mechanisms to determine and confer jurisdiction on NWT and Nunavut courts and administrative bodies to deal with pending judicial and administrative matters.

The amendments to the Constitution Act, 1867 provide for Senate and House of Commons representation for Nunavut.

EXPLANATORY NOTES

Nunavut Act

Clause 1: This amendment would move the definition from section 53 and change the spelling of the defined word.

Clause 2: Section 14 reads as follows:

14. (1) The Legislature may make laws prescribing the number of members of the Assembly and describing and naming the electoral districts in Nunavut.

(2) For the first 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 less than ten.

Clause 3: Subsection 15(2) reads as follows:

(2) Writs for the first election of members of the Assembly shall be issued within thirty days after the day on which section 3 comes into force.

Clause 4: Section 29.1 is new. Sections 29 and 30 read as follows:

29. Subject to this Act, the laws in force in the Northwest Territories on the coming into force of this section continue to be in force in Nunavut, in so far as they are not thereafter repealed, amended or rendered inoperable in respect of Nunavut.

30. (1) Where, in any Act of Parliament or any law made by the Legislature or continued by section 29, an officer is designated to perform a function and there is no such officer in Nunavut, the function may be performed by the officer in Nunavut whose functions are the most similar to that function or by such person as the Commissioner may designate to perform the function, and the performance of the function by that officer or person is lawful and valid.

(2) Where, in any Act of Parliament or any law made by the Legislature or continued by section 29, a document or thing is to be transmitted to a designated officer, court, territorial division or place and there is no such officer, court, territorial division or place in Nunavut, the Commissioner may designate an officer, court, territorial division or place to which the document or thing is to be transmitted or may dispense with the transmission, and the transmission or dispensation of transmission is lawful and valid.

Clause 5: Subsection 31(1.1) is new. Subsections 31(1) and (2) read as follows:

31. (1) The Supreme Court of Nunavut and the Court of Appeal of Nunavut are superior courts in Nunavut.

(2) The Governor in Council shall appoint the judges of the superior courts in Nunavut.

Clause 6: Section 36 reads as follows:

36. The Court of Appeal of Nunavut may sit in Nunavut or in any other place in Canada designated by the Legislature.

Clause 7: Section 38 reads as follows:

38. (1) Except in respect of any provision that the Commissioner in Council of the Northwest Territories was empowered, by section 43.2 of the Northwest Territories Act, to enact without the concurrence of Parliament, the ordinance of the Northwest Territories entitled the Official Languages Act and continued in force in Nunavut by section 29 may not be amended, repealed or otherwise rendered inoperable by the Legislature without the concurrence of Parliament by way of a resolution.

(2) Nothing in subsection (1) shall be construed as preventing the Commissioner or the Legislature from granting rights in respect of, or providing services in, English and French or any of the languages of the aboriginal peoples of Canada, in addition to the rights and services provided for in the ordinance referred to in that subsection, whether by amending that ordinance, without the concurrence of Parliament, or by any other means.

Clause 8: The relevant portion of section 45 reads as follows:

45. The Territorial Accounts shall be prepared in such form as the Commissioner may direct and in accordance with accounting principles recommended by the Canadian Institute of Chartered Accountants or its successor and shall include

    . . .

    (b) such other information or statements as are required in support of the consolidated financial statements or as are required by the Minister or by any law made by the Legislature or continued by section 29.

Clause 9: New.

Clause 10: Section 53 reads as follows:

53. In this Part, ``Tungavik'' means Tungavik Incorporated, a corporation incorporated under Part II of the Canada Corporations Act, and includes any successor to that corporation.

Clause 11: New.

Clause 12: (1) and (2) Paragraph 72(1)(b.1) is new. The relevant portion of subsection 72(1) reads as follows:

72. The Interim Commissioner may

    (a) recruit for employment by the Government of Nunavut such persons as the Interim Commissioner considers necessary for the operations of that Government on its establishment;

(3) New.

Clause 13: (1) and (2) Paragraphs 73(1)(a.1) and (d) are new. The relevant portion of subsection 73(1) reads as follows:

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

    (a) with the Government of Canada, the Northwest Territories or any province or with any other body for the carrying out on behalf of Nunavut of programs previously carried out by the Government of the Northwest Territories;

    . . .; and

    (c) with the Government of the Northwest Territories for the division of its assets and liabilities between Nunavut and the Northwest Territories.

(3) Subsection 73(2.1) is new. Subsection 73(3) reads as follows:

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

(4) New.

Clause 14: Section 73.1 is new. Section 74 reads as follows :

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

Clause 15: Subsections 75(3) to (5) are new. Subsec tion 75(2) reads as follows:

(2) The employment of persons by the Interim Commissioner terminates not later than the day on which the first Commissioner of Nunavut is appointed, but that termination does not entitle them to severance pay.

Clause 16: New.

Clause 17: New.

Clauses 18 to 41: These amendments would update the consequential amendments to other Acts made in Schedule III.

Constitution Act, 1867

Clauses 43 to 45: These clauses provide for a member of the Senate representing Nunavut.

Clause 46: Subsection 51(2) of the Constitution Act, 1867, as enacted by the Constitution Act (No. 1), 1975, reads as follows:

(2) The Yukon Territory as bounded and described in the schedule to chapter Y-2 of the Revised Statutes of Canada, 1970, shall be entitled to one member, and the Northwest Territories as bounded and described in chapter N-22 of the Revised Statutes of Canada, 1970, shall be entitled to two members.

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