Bill C-39
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First Elections |
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| Number of
members and
electoral
districts
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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.
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| Writs -when
issued
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(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.
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| Laws for
election
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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.
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| Publication of
order
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(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.
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| Exception
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(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.
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| Chief
electoral
officer
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(4) The chief electoral officer for the first
elections of members of the Assembly is the
Chief Electoral Officer of the Northwest
Territories.
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| Writs - -instructions and return
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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.
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| Return of
writs
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(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.
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| Status of
elected
candidates
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(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.
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| Qualifica- tions of members of Council of NWT
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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.
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Initial Laws of Nunavut |
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| Amending
ordinances
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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
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| Consultation
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(2) The recommendation may be made only
after the Government of the Northwest
Territories consults with Tunngavik.
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| Ordinances- -paragraph (1)(a)
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(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).
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| Ordinances- -paragraph (1)(b)
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(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.
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| Transmittal
and
disallowance
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(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.
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| Public offices
and public
bodies
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(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,
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Public Offices and Bodies |
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| General
rule -- duplication
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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.
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| Territorial
courts
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(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.
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| List
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(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).
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| Assets and
liabilities
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(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.
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| Mechanisms
for division
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(5) The division may occur by
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| Principles for
division
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(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.
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| Continued
offices and
bodies
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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.
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| List
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(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).
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| Officers and
employees
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(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.
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| Collective
agreements
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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.
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| Expiry
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(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.
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Pending Matters |
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| New public
bodies
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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.
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| Validity of
proceedings
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(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.
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| Exception- -agreement
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(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.
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| Exception -j
udicial
matters
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(4) This section does not apply to matters to
which section 76.1 applies.
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| Nunavut
courts
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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.
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| Northwest
Territories
courts
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(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.
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| Transfer
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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.
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| Transfer- -record and materials
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(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.
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| Deemed
record, orders
or decisions
of Nunavut
courts
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(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.
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| Sittings for
pending cases
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76.12 (1) For any matter referred to in
section 76.1 or 76.11, the territorial courts,
including superior courts,
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| Applicable
laws
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(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
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| Enforcement
of decisions
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(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.
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| Justices of the
peace
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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.
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| Pending
matters
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(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.
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17. The Act is amended by adding the
following after section 77:
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77.1 Subsection 9(2) of the Act is replaced
by the following:
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| Size of
Council
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(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.
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77.2 Section 34 of the Act is replaced by
the following:
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| Supreme
Court judges
of Yukon and
Nunavut
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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.
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77.3 Section 39 of the Act is replaced by
the following:
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| Sittings
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39. The Court of Appeal of the Territories
may sit in the Territories, in the Province of
Alberta or in Nunavut.
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18. Schedule III to the Act is amended by
adding the following after section 8:
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