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Bill C-39

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1992, c. 39

Northwest Territories Waters Act

114. Section 7 is replaced by the following:

Agreements with provinces and territories

7. With the approval of the Governor in Council and subject to any agreement entered into under section 5 or 11 of the Canada Water Act, the Minister may, on behalf of the Government of Canada, enter into an agreement with a provincial or territorial government providing for the management of any waters

    (a) situated partially in the Northwest Territories and partially in a province or any other territory; or

    (b) flowing between the Northwest Territories and a province or any other territory.

1996, c. 31

Oceans Act

115. The definition ``federal laws'' in section 2 is replaced by the following:

``federal laws''
« droit »

``federal laws'' includes Acts of Parliament, regulations as defined in subsection 2(1) of the Interpretation Act and any other rules of law within the jurisdiction of Parliament, but does not include ordinances within the meaning of the Northwest Territories Act or the Yukon Act or laws of the Legislature for Nunavut;

36. Section 118 of Schedule III to the English version of the Act is replaced by the following:

118. Paragraph 3(a) is replaced by the following:

    (a) the Yukon Territory, the Northwest Territories, Nunavut and Sable Island; and

37. (1) Section 128 of Schedule III to the Act is renumbered as subsection 128(1) and is amended by adding the following:

(2) Part II of Schedule I is amended by adding the following in alphabetical order:

Employees of the Office of the Interim Commissioner of Nunavut

    Employés du Bureau du commissaire provisoire du Nunavut

(2) Despite section 79 of the Act, subsection 128(2), as enacted by subsection (1), is deemed to have come into force on November 26, 1996.

38. Section 131 of Schedule III to the Act is replaced by the following:

131. Subparagraph (b)(iv) of the definition ``statutory instrument'' in subsection 2(1) is replaced by the following:

        (iv) an ordinance of the Yukon Territo ry or the Northwest Territories, a law made by the Legislature for Nunavut, a rule made by the Legislative Assem bly of Nunavut under section 21 of the Nunavut Act or any instrument issued, made or established under any such ordinance, law or rule.

39. Section 134 of Schedule III to the Act is repealed.

40. Section 141 of Schedule III to the Act is replaced by the following:

141. Paragraph 13(c) is replaced by the following:

    (c) to the boundary line between the Yukon Territory and Alaska, or between the Yukon Territory and the Northwest Territories, or between the Northwest Territories and Nunavut or between the Yukon Territory, the Northwest Territories or Nunavut and the Province of Manitoba, Saskatchewan, Alberta or British Columbia.

41. Section 144 of Schedule III to the Act is replaced by the following:

144. The definition ``offence'' in subsection 2(1) is replaced by the following:

``offence''
« infrac-
tion »

``offence'' means an offence created by an Act of Parliament or by any regulation, rule, order, by-law or ordinance made thereunder, other than an ordinance of the Yukon Territory or the Northwest Territories or a law of the Legislature for Nunavut;

Replacement of ``Tunga-
vik'' with ``Tunnga-
vik''

42. The Act is amended by replacing the word ``Tungavik'' with the word ``Tunngavik'' in the following provisions:

    (a) subsections 55(1) and (2);

    (b) subsection 56(1);

    (c) the portion of section 58 before paragraph (a);

    (d) paragraph 58(i); and

    (e) subsection 68(1).

PART 2

CONSTITUTION ACT, 1867

Number of Senators

43. (1) The number of Senators provided for in section 21 of the Constitution Act, 1867, as amended, is increased from one hundred and four to one hundred and five.

Maximum number of Senators

(2) The maximum number of Senators referred to in section 28 of that Act is increased from one hundred and twelve to one hundred and thirteen.

Represen-
tation for Yukon, NWT and Nunavut in Senate

(3) The Yukon Territory, the Northwest Territories and Nunavut are entitled to be represented in the Senate by one member each.

Meaning of ``Province''

44. For the purposes of this Part, the word ``Province'' in section 23 of the Constitution Act, 1867 has the same meaning as is assigned to the word ``province'' by section 35 of the Interpretation Act.

Member of Senate continues

45. The member of the Senate who represents the Northwest Territories immediately before the day that section 3 of the Nunavut Act comes into force shall, on and after that day, continue as the member of the Senate who represents one of the following:

    (a) Nunavut, if the member resides in the part of the Northwest Territories referred to in section 3 of that Act immediately before that day; or

    (b) the Northwest Territories, in any other case.

1974-75-76, c. 28

46. Subsection 51(2) of the Constitution Act, 1867, as enacted by the Constitution Act (No. 1), 1975, is replaced by the following:

Yukon Territory, Northwest Territories and Nunavut

(2) The Yukon Territory as bounded and described in the schedule to chapter Y-2 of the Revised Statutes of Canada, 1985, shall be entitled to one member, the Northwest Territories as bounded and described in section 2 of chapter N-27 of the Revised Statutes of Canada, 1985, as amended by section 77 of chapter 28 of the Statutes of Canada, 1993, shall be entitled to one member, and Nunavut as bounded and described in section 3 of chapter 28 of the Statutes of Canada, 1993, shall be entitled to one member.

Short title and citation

47. This Part may be cited as the Constitution Act, 1999 (Nunavut), and a reference to the Constitution Acts, 1867 to 1982 is deemed to include a reference to the Constitution Act, 1999 (Nunavut).

PART 3

CONDITIONAL AMENDMENTS AND COMING INTO FORCE

Conditional Amendments

Bill C-6

48. If Bill C-6, introduced in the first session of the thirty-sixth Parliament and entitled An Act to provide for an integrated system of land and water management in the Mackenzie Valley, to establish certain boards for that purpose and to make consequential amendments to other Acts (in this section referred to as ``the Act'') is assented to, then on the later of the day fixed under subsection 168(1) of the Act and the day that section 3 of the Nunavut Act comes into force,

    (a) the definition ``water authority'' in section 51 of the Act is replaced by the following:

``water authority''
« autorité de gestion des eaux »

``water authority'' means a board or other authority having jurisdiction in relation to the use of waters or the deposit of waste in any portion of the Northwest Territories or Nunavut.

    (b) subsection 60(3) of the Act is replaced by the following:

Effect outside settlement area

(3) In respect of a use of waters or deposit of waste in the settlement area that has an effect in a region of the Northwest Territories or Nunavut outside the settlement area, subsections 14(4) and (5) of the Northwest Territories Waters Act apply in relation to the protection of the rights of licensees and other persons referred to in those subsections who are in such a region.

    (c) paragraph 78(1)(a) of the Act is replaced by the following:

    (a) an area of the Northwest Territories or Nunavut outside the settlement area, or

    (d) subsection 141(1) of the Act is replaced by the following:

Environ-
mental assessment

141. (1) In relation to a development that is proposed to be carried out partly in the Mackenzie Valley and partly in a region of the Northwest Territories, the Yukon Territory or Nunavut adjacent to the Mackenzie Valley, or partly in a province, as the case may be, the Review Board shall to the extent possible coordinate its environmental assessment functions with the functions of any authority responsible for the examination of environmental effects of the development in that region or province.

    (e) subsection 141(3) of the Act is replaced by the following:

Aboriginal representa-
tion

(3) Where a review panel referred to in paragraph (2)(a) is established in relation to a development to be carried out partly in a region of the Northwest Territories, the Yukon Territory or Nunavut, at least one quarter of its members, excluding the chairperson, must be appointed on the nomination of first nations and other aboriginal groups affected by the proposed development.

    (f) section 142 of the Act is replaced by the following:

Transre-
gional impact

142. Where a development proposed to be carried out wholly in a region of the Northwest Territories, the Yukon Territory or Nunavut adjacent to the Mackenzie Valley, or wholly in a province, might have a significant adverse impact on the environment in the Mackenzie Valley, the Review Board may, with the approval of the federal Minister, enter into an agreement with the authority responsible for the examination of the environmental effects of such developments in that region or province to provide for the participation of the Review Board in the examination of the environmental effects of the development by that authority.

Bill C-8

49. If Bill C-8, introduced in the first session of the thirty-sixth Parliament and entitled An Act respecting an accord between the Governments of Canada and the Yukon Territory relating to the administration and control of and legislative jurisdiction in respect of oil and gas, is assented to, then

    (a) on the later of the day that section 13 of that Act comes into force and the day that section 10 of Schedule III to the Nunavut Act comes into force, paragraph (a) of the definition ``frontier lands'' in section 2 of the Canada Petroleum Resources Act is replaced by the following:

      (a) the Northwest Territories, Nunavut or Sable Island, or

    (b) on the later of the day that section 11 of that Act comes into force and the day that section 118 of Schedule III to the Nunavut Act comes into force, paragraph 3(a) of the Canada Oil and Gas Operations Act is replaced by the following:

    (a) the Northwest Territories, Nunavut and Sable Island, and

Bill C-9

50. If Bill C-9, introduced in the first session of the thirty-sixth Parliament and entitled An Act for making the system of Canadian ports competitive, efficient and commercially oriented, providing for the establishing of port authorities and the divesting of certain harbours and ports, for the commercialization of the St. Lawrence Seaway and ferry services and other matters related to maritime trade and transport and amending the Pilotage Act and amending and repealing other Acts as a consequence (in this section referred to as ``that Act''), is assented to, then

    (a) on the later of the day that that Act is assented to and the day that section 3 of the Nunavut Act comes into force, paragraph (f) of the definition ``court'' in section 103 of that Act is replaced by the following:

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

    (b) on the later of the day that section 164 of that Act comes into force and the day that section 3 of the Nunavut Act comes into force,

      (i) the portion of the definition ``federal authority'' in subsection 2(1) of the Canadian Environmental Assessment Act after paragraph (d), as enacted by subsection 164(1) of that Act, is replaced by the following:

    but does not include the Commissioner in Council or an agency or body of the Yukon Territory, the Northwest Territories or Nunavut, a council of the band within the meaning of the Indian Act, The Hamilton Harbour Commissioners constituted pursuant to The Hamilton Harbour Commissioners' Act, The Toronto Harbour Commissioners constituted pursuant to The Toronto Harbour Commissioners' Act, 1911, a harbour commission established pursuant to the Harbour Commissions Act, a Crown corporation within the meaning of the Financial Administration Act, a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act or a port authority established under that Act;

      (ii) paragraph (a) of the definition ``federal lands'' in subsection 2(1) of the Canadian Environmental Assessment Act, as enacted by subsection 164(2) of that Act, is replaced by the following:

      (a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands the administration and control of which have been transferred by the Governor in Council to the Commissioner of the Yukon Territory, the Northwest Territories or Nunavut and lands the management of which has been granted to a port authority under the Canada Marine Act or a not-for-profit corporation that has entered into an agreement under subsection 80(5) of that Act,

Bill C-31

51. If Bill C-31, introduced in the first session of the thirty-sixth Parliament and entitled An Act respecting Canada Lands Surveyors, is assented to, then on the later of the day that section 95 of that Act comes into force and the day that section 101 of Schedule III to the Nunavut Act, as enacted by section 32 of this Act, comes into force, section 22 of the Canada Lands Surveys Act is replaced by the following:

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 thereunder, or any ordinance of the Yukon Territory or Northwest Territories or any law of the Legislature for Nunavut where the Act, regulation, ordinance or law requires the surveys to be made by a Canada Lands Surveyor.

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