Bill C-57
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1st Session, 36th Parliament, 46-47-48 Elizabeth II, 1997-98-99
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The House of Commons of Canada
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BILL C-57 |
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An Act to amend the Nunavut Act with respect
to the Nunavut Court of Justice and to
amend other Acts in consequence
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PART 1 |
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| 1993, c. 28;
1995, c. 39;
1996, cc. 10,
30, 31; 1998,
c. 15
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NUNAVUT ACT |
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DIVISION 1 |
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AMENDMENTS TO PART I OF THE NUNAVUT ACT |
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1. Section 10 of the Nunavut Act is
replaced by the following:
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| Absence or
incapacity
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10. If both the Commissioner and the
Deputy Commissioner are absent, ill or unable
to act or both those offices are vacant, the
senior judge, within the meaning of
subsection 22(3) of the Judges Act, of the
Nunavut Court of Justice has and may exercise
and perform all of the powers, duties and
functions of the Commissioner.
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| 1998, c. 15,
s. 5
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2. Subsection 31(1) of the Act is replaced
by the following:
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| Superior
courts
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31. (1) The Nunavut Court of Justice and the
Court of Appeal of Nunavut are established as
superior courts that have and may exercise in
relation to Nunavut all the powers and
jurisdiction that the Supreme Court of the
Northwest Territories and the Court of Appeal
of the Northwest Territories, respectively, had
immediately before the day that section 3
comes into force.
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3. Section 32 of the Act and the heading
before it are replaced by the following:
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Nunavut Court of Justice
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| Ex officio
judges
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32. A judge, other than a deputy judge, of
the Supreme Court of the Yukon Territory and
of the Supreme Court of the Northwest
Territories is ex officio a judge of the Nunavut
Court of Justice.
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4. (1) Subsection 33(1) of the Act is
replaced by the following:
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| Deputy judges
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33. (1) The Governor in Council may
appoint any person who is or has been a judge
of a superior court in Canada or a barrister or
advocate of at least ten years standing at the
bar of any province as a deputy judge of the
Nunavut Court of Justice and may fix that
person's remuneration and allowances.
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(2) Subsection 33(4) of the Act is replaced
by the following:
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| Powers
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(4) A deputy judge, while in office, has and
may exercise and perform all the powers,
duties and functions of a judge of that Court
and any reference to a judge of the Nunavut
Court of Justice is deemed to include a
reference to the deputy judge.
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5. Section 34 of the Act is replaced by the
following:
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| Exercise of
powers
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34. (1) If a law in force in Nunavut provides
that a power, duty or function is to be
exercised or performed by a provincial court
judge, a stipendiary magistrate or a justice of
the peace, the power, duty or function may be
exercised or performed by a judge of the
Nunavut Court of Justice.
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| Status when
exercising
power
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(2) For greater certainty, a power, duty or
function exercised or performed under
subsection (1) by a judge of the Nunavut Court
of Justice is exercised or performed by that
judge as a judge of a superior court.
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6. Subsection 35(1) of the Act is replaced
by the following:
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| Jurisdiction to
try criminal
cases
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35. (1) A judge of the Nunavut Court of
Justice has and may exercise and perform,
anywhere in Canada, all the powers, duties
and functions of the Court with respect to any
criminal offence committed or charged to
have been committed in Nunavut.
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DIVISION 2 |
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AMENDMENTS TO PART IV OF THE NUNAVUT ACT |
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| 1998, c. 15,
s. 16
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7. (1) Subsection 76.06(2) of the Act is
replaced by the following:
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| Courts
excluded
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(2) Subsection (1) does not apply to courts
of the Northwest Territories.
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(2) Subsection 76.06 of the Act is
amended by adding the following after
subsection (2):
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| Nunavut
Court of
Justice
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(2.1) For greater certainty, the Nunavut
Court of Justice has and may exercise in
relation to Nunavut the powers, duties and
functions of any territorial court referred to in
a law duplicated under subsection 29(1).
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| 1998, c. 15,
s. 16
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(3) Paragraph 76.06(5)(b) of the English
version of the Act is replaced by the
following:
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| 1998, c. 15,
s. 16
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8. (1) Section 76.1 of the French version
of the Act is replaced by the following:
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| Saisine
automatique
de la
juridiction
compétente
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76.1 (1) La juridiction
compétente - tribunal, juge et juge de
paix - du Nunavut est saisie d'office de toute
instance introduite à compter de la date
d'entrée en vigueur de l'article 3, même si
l'affaire a pris naissance avant cette date, dans
la mesure où elle relèverait de sa compétence
si elle avait pris naissance après cette date.
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| Juridictions
des Territoires
du
Nord-Ouest
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(2) Les juridictions des Territoires du
Nord-Ouest restent toutefois saisies, jusqu'à
épuisement des recours, de toute instance
introduite avant la date d'entrée en vigueur de
l'article 3 qui ressortirait aux juridictions du
Nunavut si l'affaire avait pris naissance après
cette date.
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(2) Section 76.1 of the Act is amended by
adding the following after subsection (2):
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| New trials
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(3) For greater certainty, an appeal or
review mentioned in subsection (2) includes a
new trial ordered and any appeal or review in
relation to the new trial.
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| 1998, c. 15,
s. 16
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9. Section 76.11 of the Act is replaced by
the following:
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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
the Nunavut Court of Justice if the court, judge
or justice of the Northwest Territories is
satisfied that the transfer is in the interests of
the administration of justice.
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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 Nunavut
Court of Justice 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 Nunavut Court of Justice.
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 the Nunavut Court of
Justice.
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| 1998, c. 15,
s. 16
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10. (1) Subsection 76.12(1) of the Act is
replaced by the following:
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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,
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| 1998, c. 15,
s. 16
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(2) Subsections 76.12(2) and (3) of the Act
are replaced by the following:
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| Applicable
laws
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(2) The laws that apply to a matter before a
court when it sits in the other territory under
subsection (1) are the laws that would apply if
it heard the matter in the territory where it
normally sits.
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| Enforcement
of decisions
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(3) Any judgment, conviction, sentence or
order pronounced or made in any matter
commenced in the Northwest Territories
before the day section 3 comes into force 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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DIVISION 3 |
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AMENDMENT TO PART V OF THE NUNAVUT ACT |
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| R.S., c. N-27
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Northwest Territories Act |
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| 1998, c. 15,
s. 17
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11. Section 34 of the Northwest Territories
Act, as enacted by section 77.2 of the Act, is
replaced by the following:
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| Ex officio
judges
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34. A judge, other than a deputy judge, of
the Supreme Court of the Yukon Territory or
of the Nunavut Court of Justice is ex officio a
judge of the Supreme Court of the Northwest
Territories.
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DIVISION 4 |
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AMENDMENTS TO SCHEDULE III TO THE NUNAVUT ACT |
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| Schedule
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12. Schedule III to the Act is amended as
set out in the schedule.
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PART 2 |
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CONSEQUENTIAL AND CONDITIONAL AMENDMENTS AND COMING INTO FORCE |
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Consequential Amendments |
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| R.S., c. A-2
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Aeronautics Act
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13. Paragraph (e) of the definition
``superior court'' in subsection 3(1) of the
Aeronautics Act is replaced by the
following:
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| 1991, c. 46
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Bank Act
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14. Paragraph (f) of the definition
``court'' in section 2 of the Bank Act is
replaced by the following:
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| R.S., c. B-3;
1992, c. 27,
s. 2
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Bankruptcy and Insolvency Act
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15. Paragraph 183(1)(h) of the
Bankruptcy and Insolvency Act is replaced
by the following:
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| R.S., c. C-44;
1994, c. 24,
s. 1(F)
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Canada Business Corporations Act
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16. Paragraph (e) of the definition
``court'' in subsection 2(1) of the Canada
Business Corporations Act is replaced by the
following:
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| R.S., 1970, c.
C-32
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Canada Corporations Act
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17. Paragraph (d) of the definition
``court'' in subsection 3(1) of the Canada
Corporations Act is replaced by the
following:
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| 1998, c. 10
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Canada Marine Act
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18. Paragraph (f) of the definition
``court'' in section 103 of the Canada
Marine Act is replaced by the following:
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| 1997, c. 40
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Canada Pension Plan Investment Board Act
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19. Paragraph (f) of the definition
``court'' in section 2 of the Canada Pension
Plan Investment Board Act is replaced by
the following:
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| 1996, c. 10
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Canada Transportation Act
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20. (1) Paragraph (d) of the definition
``superior court'' in section 6 of the Canada
Transportation Act is replaced by the
following:
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(2) The definition ``superior court'' in
section 6 of the Act is amended by adding
the word ``and'' at the end of paragraph (e)
and by adding the following after
paragraph (e):
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| 1992, c. 31
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Coasting Trade Act
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21. Paragraph (f) of the definition
``court'' in subsection 16(22) of the Coasting
Trade Act is replaced by the following:
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| R.S., c. C-36
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Companies' Creditors Arrangement Act
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22. Paragraph (d) of the definition
``court'' in section 2 of the Companies'
Creditors Arrangement Act is replaced by
the following:
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| R.S., c. C-39
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Dominion Controverted Elections Act
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23. Paragraph (k) of the definition
``court'' in subsection 2(1) of the Dominion
Controverted Elections Act is replaced by
the following:
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