Document Information

Date: 1998-06-11
By: Canada
Citation: An Act to amend the Nunavut Act and the Constitution Act, 1867 SC 1998.
Other formats: Click here to view the original document (PDF).

1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98
The House of Commons of Canada
BILL C-39
An Act to amend the Nunavut Act and the Constitution Act, 1867
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1
1993, c. 28; 1995, c. 39; 1996, cc. 10, 30, 31
NUNAVUT ACT
1. Section 2 of the Nunavut Act is amended by adding the following in alphabetical order:
“Tunngavik”
« Tunnga-
vik »
“Tunngavik” means Nunavut Tunngavik Incorporated, a corporation without share capital incorporated under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, and any successor to that corporation.
2. Section 14 of the Act is replaced by the following:
Number of members and electoral districts
14. The Legislature may make laws prescribing the number of members of the Assembly and describing and naming the electoral districts in Nunavut.
3. Subsection 15(2) of the Act is repealed.
4. Sections 29 and 30 of the Act are replaced by the following:
Laws of Nunavut
29. (1) Subject to this Act, on the day that section 3 comes into force, the ordinances of the Northwest Territories and the laws made under them that have been made, and not repealed, before that day are duplicated to the extent that they can apply in relation to Nunavut, with any modifications that the circumstances require. The duplicates are deemed to be laws of the Legislature and the laws made under them.
Coming into force
(2) Subject to this Act, a law of the Legislature or a law made under it that is a duplicate of an ordinance of the Northwest Territories or a law made under it that is made, but not in force, on the day that section 3 comes into force, comes into force in accordance with its provisions.
Non-appli-
cation – transmittal and disallowance
(3) Subsection 28(1) does not apply to laws of the Legislature under subsection (1). For the purpose of subsection 28(2), the period for the disallowance of a law that is a duplicate of an ordinance of the Northwest Territories is deemed to begin on the day that the ordinance of the Northwest Territories was made.
Other laws
(4) The laws in force or having effect in the Northwest Territories on the day that section 3 comes into force, other than the ordinances and the laws made under them referred to in subsection (1), continue to be in force or to have effect in Nunavut to the extent that they can apply in Nunavut and in so far as they are not after that time repealed, amended, altered or rendered inoperable in respect of Nunavut.
Rights or privileges
29.1 The coming into force of section 3 does not affect a right, privilege, licence, permit, authorization, approval, certification, registration or filing, or any status provided, before the day that section 3 comes into force, by or under the ordinances of the Northwest Territories. On or after that day, to the extent that it was in force or had effect and applied immediately before that day in relation to Nunavut, it is deemed, in relation to Nunavut, to have been provided by or under the laws of the Legislature.
When no officer in Nunavut
30. (1) If, in or under any Act of Parliament or any law of the Legislature, an officer is designated to perform a function in relation to Nunavut and there is no person designated to perform that function, it may be performed by the person whose functions in relation to Nunavut are the most similar to that function or by any person that the Commissioner may designate to perform the function, and the performance of the function by that person is lawful and valid.
Transmission of documents
(2) If, in or under any Act of Parliament or any law of the Legislature, a document or thing is to be transmitted to a designated officer, court, territorial division or place and there is no person, court, territorial division or place so designated in Nunavut, the Commissioner may designate a person, 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.
5. Subsections 31(1) and (2) of the Act are replaced by the following:
Superior courts
31. (1) The Supreme Court of Nunavut 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.
Adminis-
tration of justice
(1.1) Subsection (1) does not limit the powers conferred on the Legislature by paragraph 23(1)(e).
Appointment of judges
(2) The Governor in Council shall appoint the judges of the superior courts of Nunavut as described in subsection (1) or as may be established by the laws of the Legislature.
6. Section 36 of the Act is replaced by the following:
Sittings
36. The Court of Appeal of Nunavut may sit in Nunavut and, unless the laws of the Legislature made after the coming into force of section 3 provide otherwise, in any other place in Canada.
7. Section 38 of the Act is replaced by the following:
Official languages ordinance
38. The law of the Legislature that, under subsection 29(1), is the duplicate of the ordinance of the Northwest Territories entitled the Official Languages Act may not be repealed, amended or otherwise rendered inoperable by the Legislature without the concurrence of Parliament by way of a resolution, if that repeal, amendment or measure that otherwise renders that law inoperable would have the effect of diminishing the rights and services provided for in that ordinance as enacted on June 28, 1984 and amended on June 26, 1986.
8. Paragraph 45(b) of the Act is replaced by the following:
(b) any other information or statements that are required in support of the consolidated financial statements or that are required by the Minister or by or under any law of the Legislature.
9. The Act is amended by adding the following after section 50:
Leases for Nunavut facilities
50.1 (1) The Minister may, by instrument satisfactory to the Minister of Justice, transfer to the Commissioner the administration and control of the entire interest in any real property held under a lease entered into by the Minister for facilities for the Government of Nunavut or housing for its employees. The Commissioner is deemed to have accepted the transfer on the day the instrument is signed by the Minister.
Effect of transfer
(2) The administration and control is deemed to have been transferred by the Governor in Council.
Limitation
(3) This section applies to a lease only if the instrument effecting the transfer is signed on or before March 31, 2004.
10. Section 53 of the Act and the heading “Interpretation” before it are repealed.
11. Section 71 of the Act is amended by adding the following after subsection (3):
Absence, incapacity or vacancy
(4) In the event of the absence or incapacity of the Interim Commissioner, or if the office of Interim Commissioner is vacant, the Minister may, after consultation with the Government of the Northwest Territories and Tunngavik, appoint a person to act as Interim Commissioner until the Interim Commissioner resumes the exercise of the powers, duties and functions of that office or a replacement Interim Commissioner is appointed under subsection (1).
12. (1) Paragraph 72(1)(a) of the Act is replaced by the following:
(a) enter into contracts for employment to begin on or after the day that section 3 comes into force, by the Government of Nunavut with the persons that the Interim Commissioner considers necessary for the operations of that Government;
(2) Subsection 72(1) of the Act is amended by adding the following after paragraph (b):
(b.1) assign to a person referred to in paragraph (a) any powers, duties or functions provided for in or under the laws of the Legislature that the person is to have and exercise;
(3) Section 72 of the Act is amended by adding the following after subsection (2):
Consultation
(2.1) An assignment referred to in paragraph (1)(b.1) that involves powers, duties or functions under an ordinance of the Northwest Territories entitled the Legislative Assembly and Executive Council Act or flowing from an appointment made, on the recommendation of the Executive Council or the Council of the Northwest Territories, by the Commissioner of the Northwest Territories is subject to prior consultation by the Interim Commissioner with the Government of the Northwest Territories and Tunngavik.
Assignment of powers, duties and functions
(2.2) The assignment referred to in paragraph (1)(b.1) is deemed to have been made in accordance with the laws that provide for those powers, duties and functions.
13. (1) Paragraph 73(1)(a) of the Act is replaced by the following:
(a) with the Government of Canada in respect of federal government programs or other federal responsibilities in relation to Nunavut, including the supply of goods or services;
(a.1) with the Government of Canada, the Government of the Northwest Territories, the government of a province or any person in respect of programs or other responsibilities of the Government of Nunavut, including the supply of goods or services;
(2) Subsection 73(1) of the Act is amended by striking out the word “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:
(c) with the Government of the Northwest Territories for the division of its assets and liabilities between Nunavut and the Northwest Territories, including rights and obligations arising under a contract entered into by the Government of the Northwest Territories; and
(d) with the Government of the Northwest Territories for the transfer, despite any law or any contractual restriction, of information in its possession to the Government of Nunavut.
(2.1) Section 73 of the Act is amended by adding the following after subsection (1):
Tabling of agreement
(1.1) The Commissioner shall cause to be laid before the Legislative Assembly of Nunavut any agreement entered into under subsection (1).
(3) Subsection 73(3) of the Act is replaced by the following:
Exemption – no approval
(2.1) The approval of the Governor in Council is not required for the Interim Commissioner to enter into an agreement under paragraph (1)(a) or (a.1) if the maximum total amount that the Government of Nunavut must pay under the agreement, including any renewal of the agreement under its terms to which the other party is entitled, is less than the greater of
(a) $400,000, and
(b) any other amount that the Governor in Council may, by order, prescribe for those agreements or any category of them.
Termination of agreements
(3) The Government of Nunavut may, by giving notice in writing, terminate any agreement entered into with a government under paragraph (1)(a) or (a.1) at the end of the fiscal year following that in which the notice is given.
(4) Section 73 of the Act is amended by adding the following after subsection (4):
Consent of affected third party
(5) An agreement entered into under paragraph (1)(c) may affect the rights or obligations of a party that has entered into a contract with the Government of the Northwest Territories only if, before the agreement is entered into, the party consents to being so affected.
Exception – assignment
(6) Despite subsection (5), an agreement entered into under paragraph (1)(c) may assign to the Government of Nunavut any right or obligation of the Government of the Northwest Territories arising under a contract entered into by it with a party that is not a government even if the contract does not allow for, or the party does not consent to, the assignment. The assignment binds the party but, unless the contract allows for the assignment or the party consents to it, the agreement must provide for compensation to the party for costs or losses, if any, arising from the assignment.
Transfer of Information
(7) The possession and use, by the Government of Nunavut, of information transferred under an agreement entered into under paragraph (1)(d) shall be subject to
(a) the conditions contained in any contract entered into by the Government of the Northwest Territories that apply to the possession and use of the information, as if the Government of Nunavut were a party to the contract;
(b) the conditions contained in any federal law that apply to the possession and use, by the Government of the Northwest Territories, of the information; and
(c) all laws of the Legislature that apply to the possession and use of the information.
14. Section 74 of the Act is replaced by the following:
Powers of Governor in Council
73.1 (1) In the absence of an agreement on a matter under paragraph 73(1)(c), the Governor in Council may, on the recommendation of the Minister, by order,
(a) in the case of any property, other than property referred to in section 44 of the Northwest Territories Act, transfer ownership of the property to the Government of Nunavut from the Government of the Northwest Territories; or
(b) in the case of a contract entered into between the Governments of Canada and the Northwest Territories giving rise to rights or obligations of the Government of the Northwest Territories, terminate the contract.
Consultation and notice
(2) The Minister shall, before making the recommendation, consult with the Government of the Northwest Territories and the Interim Commissioner and shall, after that consultation, notify that Government and the Interim Commissioner of the contents of the recommendation.
Effective date
(3) An order under subsection (1) may be made only on or before the day that section 3 comes into force, but it takes effect on that day.
Carrying out of programs
74. The Government of Canada or the Northwest Territories may carry out any programs in accordance with any agreement entered into under paragraph 73(1)(a.1).
15. Subsection 75(2) of the Act is replaced by the following:
Termination of employment
(2) The employment of persons by the Interim Commissioner terminates not later than the day on which the first Commissioner is appointed.
Severance pay
(3) An employee to whom this section applies who becomes employed by a department or portion of government that is a part of the Public Service as defined in subsection 3(1) of the Public Service Superannuation Act within three months after the day that the employment with the Interim Commissioner terminates is not entitled to severance pay for the termination of that employment.
Supply of goods and services
(4) For greater certainty, the Interim Commissioner may enter into contracts for the supply of goods or services considered necessary for the proper conduct of the Interim Commissioner’s work.
Supply contracts – coming into force
(5) Subsection (4) is deemed to have come into force on November 26, 1996 and any contract entered into by the Interim Commissioner before this section comes into force is deemed to have been entered into under this Act, to the extent that the Interim Commissioner could enter into the contract under this section.
16. The Act is amended by adding the following after section 76:

First Elections
Number of members and electoral districts
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.
Writs – when issued
(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.
Laws for election
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.
Publication of order
(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.
Exception
(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.
Chief electoral officer
(4) The chief electoral officer for the first elections of members of the Assembly is the Chief Electoral Officer of the Northwest Territories.
Writs – instructions and return
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.
Return of writs
(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.
Status of elected candidates
(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.
Qualifica-
tions of members of Council of NWT
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.
Initial Laws of Nunavut
Amending ordinances
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
(a) the text that will become the law of the Legislature instead of a duplicate of that ordinance that would otherwise become a law of the Legislature under subsection 29(1); or
(b) the differences between the text of what will become the law of the Legislature and the ordinance referred to in subsection 29(1).
Consultation
(2) The recommendation may be made only after the Government of the Northwest Territories consults with Tunngavik.
Ordinances – paragraph (1)(a)
(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).
Ordinances – paragraph (1)(b)
(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.
Transmittal and disallowance
(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.
Public offices and public bodies
(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,
(a) the recommendation by the Interim Commissioner may be made only after the Government of the Northwest Territories consults with the public office or public body; and
(b) the ordinance must provide for the circumstances under which the assets and liabilities of the public office or public body, and any funds that it administers, may be divided and the manner in or process by which that division may be determined.
Public Offices and Bodies
General rule – duplication
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.
Territorial courts
(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.
List
(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).
Assets and liabilities
(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.
Mechanisms for division
(5) The division may occur by
(a) an agreement between those offices or bodies; or
(b) in the absence of an agreement, an order of the Supreme Court of the Northwest Territories on an application by either office or body made on or after the day that is one year after that day.
Principles for division
(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.
Continued offices and bodies
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.
List
(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).
Officers and employees
(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.
Collective agreements
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.
Expiry
(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.
Pending Matters
New public bodies
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.
Validity of proceedings
(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.
Exception – agreement
(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.
Exception – judicial matters
(4) This section does not apply to matters to which section 76.1 applies.
Nunavut courts
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.
Northwest Territories courts
(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.
Transfer
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.
Transfer – record and materials
(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.
Deemed record, orders or decisions of Nunavut courts
(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.
Sittings for pending cases
76.12 (1) For any matter referred to in section 76.1 or 76.11, the territorial courts, including superior courts,
(a) of the Northwest Territories may exercise and perform all their powers, duties and functions in any place in both the Northwest Territories and Nunavut; and
(b) of Nunavut may exercise and perform all their powers, duties and functions in any place in Nunavut and, unless the laws of the Legislature made after the coming into force of section 3 provide otherwise, in the Northwest Territories.
Applicable laws
(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
(a) the laws that apply to matters in Nunavut, if the courts, judges or justices of Nunavut have jurisdiction over the matter; and
(b) the laws that apply to matters in the Northwest Territories, if the courts, judges or justices of the Northwest Territories have jurisdiction over the matter.
Enforcement of decisions
(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.
Justices of the peace
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.
Pending matters
(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.
17. The Act is amended by adding the following after section 77:
77.1 Subsection 9(2) of the Act is replaced by the following:
Size of Council
(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.
77.2 Section 34 of the Act is replaced by the following:
Supreme Court judges of Yukon and Nunavut
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.
77.3 Section 39 of the Act is replaced by the following:
Sittings
39. The Court of Appeal of the Territories may sit in the Territories, in the Province of Alberta or in Nunavut.
18. Schedule III to the Act is amended by adding the following after section 8:

1987, c. 3
Canada-Newfoundland Atlantic Accord Implementation Act
8.1 Paragraph (a) of the definition “frontier lands” in subsection 6(1) is replaced by the following:
(a) the Yukon Territory, the Northwest Territories, Nunavut or Sable Island, or
8.2 The definition “province” in subsection 218(1) is replaced by the following:
“province”
« province »
“province” does not include the Northwest Territories, the Yukon Territory or Nunavut.
1988, c. 28
Canada-Nova Scotia Offshore Resources Accord Implementation Act
8.3 The definition “province” in subsection 223(1) is replaced by the following:
“province”
« province »
“province” does not include the Northwest Territories, the Yukon Territory or Nunavut.
19. Section 21 of Schedule III to the Act and the heading before it are repealed.
20. Section 35 of Schedule III to the Act is replaced by the following:
1996, c. 34, s. 2(2)
35. Paragraph 745.6(3)(f) is replaced by the following:
(f) in relation to the Yukon Territory, the Northwest Territories and Nunavut, the Chief Justice of the Court of Appeal thereof.
1996, c. 34, s. 2(2)
35.1 Subsection 745.64(2) is replaced by the following:
Territories
(2) When the appropriate Chief Justice is designating a judge of the superior court of criminal jurisdiction, for the purpose of a judicial screening under subsection 745.61(1) or to empanel a jury to hear an application under subsection 745.61(5), in respect of a conviction that took place in the Yukon Territory, the Northwest Territories or Nunavut, the appropriate Chief Justice may designate the judge from the Court of Appeal or the Supreme Court of the Yukon Territory, Northwest Territories or Nunavut, as the case may be.
35.2 The Schedule to Part XXV is amended by adding, in column I, the word “Nunavut” after the expression “Northwest Territories”, and corresponding references to “The Supreme Court” and “Clerk of the Supreme Court” in columns II and III, respectively.
21. Section 38 of Schedule III to the Act is replaced by the following:
38. The definition “servant” in section 2 is replaced by the following:
“servant”
« prépo-
sés »
“servant” includes agent, but does not include any person appointed or employed by or under the authority of an ordinance of the Yukon Territory or the Northwest Territories or a law of the Legislature for Nunavut.
22. Section 42 of Schedule III to the Act is repealed.
23. Schedule III to the Act is amended by adding the following after section 43:
43.1 Subsection 20.1(1) is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) any member of the Legislative Assembly of Nunavut, or any agency in Nunavut, designated by the Commissioner of Nunavut.
24. Schedule III to the Act is amended by adding the following before section 44:
43.2 (1) The definition “province” in subsection 2(1) is replaced by the following:
“province”
« province »
“province” means any province of Canada and includes the electoral districts of the Yukon Territory, the Northwest Territories and Nunavut;
(2) The definition “judge” or “the judge” in subsection 2(1) is amended by striking out the word “and” at the end of paragraph (g) and by adding the following after paragraph (g):
(h) in relation to the electoral district of Nunavut, the judge of the Supreme Court of Nunavut, and
43.3 Paragraph 77(1)(g) is replaced by the following:
(g) every person who is a member of the Council of the Yukon Territory or the Northwest Territories or the Legislative Assembly of Nunavut, during the time she or he is such a member;
43.4 Paragraph 186(1)(b) is replaced by the following:
(b) in the Province of Quebec, New Brunswick or Alberta, the Yukon Territory, the Northwest Territories or Nunavut, to a judge of the Court of Appeal thereof;
43.5 Paragraphs 302(1)(c) and (d) are replaced by the following:
(c) members of the House of Commons, the Legislative Assembly of a province, the Council of the Yukon Territory, the Council of the Northwest Territories or the Legislative Assembly of Nunavut;
(d) judges and deputy judges of any superior, county or district court or any bankruptcy or insolvency court and, in the Yukon Territory, the Northwest Territories and Nunavut, judges of the Territorial Court;
25. The heading before section 45 and sections 45 and 46 of Schedule III to the Act are replaced by the following:
R.S., c. E-3
Electoral Boundaries Readjustment Act
45. Subsection 2(2) is replaced by the following:
Reference to a province or provinces
(2) In this Act, a reference to a province or to provinces does not include the Yukon Territory, the Northwest Territories or Nunavut.
45.1 (1) Subsection 5(1) is replaced by the following:
Appointment of chairperson
5. (1) The chairperson of the commission for a province shall be appointed by the chief justice of that province from among the judges of the court over which the chief justice presides or, after consultation with the chief justice of any other branch or division of that court or any other superior court in that province, from among the judges of that branch, division or superior court.
(2) Subsections 5(3) to (5) are replaced by the following:
References
(3) A reference in subsection (1) to the chief justice of a province includes a reference to the acting chief justice of the province or any person performing for the time being the duties of the chief justice of the province.
45.2 (1) The portion of subsection 15(1) before paragraph (a) is replaced by the following:
Rules
15. (1) In preparing its report, each commission for a province shall, subject to subsection (2), be governed by the following rules:
(2) Subsection 15(3) is repealed.
45.3 Section 30 is replaced by the following:
Territorial electoral districts
30. In each of the Yukon Territory, the Northwest Territories and Nunavut, there shall be one electoral district respectively named and described as follows, each of which shall return one member:
Yukon: consisting of the Yukon Territory as bounded and described in the schedule to the Yukon Act.
Western Arctic: consisting of the Northwest Territories as bounded and described in the definition “Territories” in section 2 of the Northwest Territories Act.
Nunavut: consisting of Nunavut as bounded and described in section 3 of the Nunavut Act.
1995, c. 44
Employment Equity Act
46. Paragraph (a) of the definition “private sector employer” in section 3 is replaced by the following:
(a) a person who employs employees on or in connection with a work, undertaking or business of a local or private nature in the Yukon Territory, the Northwest Territories or Nunavut, or
26. Section 55 of Schedule III to the Act and the heading before it are repealed.
27. Section 81 of Schedule III to the Act and the heading before it are repealed.
28. Subsection 82(1) of Schedule III to the Act is amended by replacing the definition “Act” in subsection 35(1) of the Interpretation Act, as enacted by that subsection, with the following:
“Act”
« loi provinciale »
“Act”, as meaning an Act of a legislature, includes an ordinance of the Yukon Territory or of the Northwest Territories and a law of the Legislature for Nunavut;
29. Subsection 84(3) of Schedule III to the Act is replaced by the following:
R.S., c. 50 (1st Supp.), s. 5(2)
(3) Paragraph 27(7)(e) is replaced by the following:
(e) The senior judge of the Supreme Court of the Yukon Territory, the senior judge of the Supreme Court of the Northwest Territories and the senior judge of the Supreme Court of Nunavut, each*cl$5,000
1996, c. 30, s. 2(3)
(3.1) Paragraph 27(7)(g) is replaced by the following:
(g) The Chief Justice of the Court of Appeal of the Yukon Territory, the Chief Justice of the Court of Appeal of the Northwest Territories and the Chief Justice of the Court of Appeal of Nunavut, each *cl $5,000
30. Schedule III to the Act is amended by adding the following after section 87:
1996, c. 30, s. 4(2)
87.1 Subsection 54(4) 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 Supreme Court of Nunavut, means the judge with the earliest date of appointment to the Court in question.
31. The heading before section 91 and sections 91 to 99 of Schedule III to the Act are repealed.
32. Section 101 of Schedule III to the Act is replaced by the following:
101. Section 22 is replaced by the following:
Surveys made by Canada Lands Surveyor under other legislation
22. Sections 17 to 21 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 the 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.
33. Schedule III to the Act is amended by adding the following after section 108:
1991, c. 38, s. 17(2)
108.1 Paragraph 6(e) is replaced by the following:
(e) by order served personally or by registered mail, require any person engaged in the business of storing, handling or shipping feed grain in Eastern Canada, British Columbia, the Yukon Territory, the Northwest Territories or Nunavut, or any livestock feeder, to furnish in writing to the Minister within any reasonable time that may be stipulated in the order, information relating to feed grain consumption, storage, handling, shipping or pricing in Eastern Canada, British Columbia, the Yukon Territory, the Northwest Territories or Nunavut; and
34. Section 111 of Schedule III to the Act and the heading before it are repealed.
35. Schedule III to the Act is amended by adding the following after section 113:

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.

Coming into Force
Provisions of the Nunavut Act
52. (1) Despite section 79 of the Nunavut Act, section 2 of that Act, as amended by section 1 of this Act, section 50.1 of that Act, as enacted by section 9 of this Act, and sections 76.01 to 76.07 and 76.09 of that Act, as enacted by section 16 of this Act, come into force on the day that this Act is assented to.
Part 2
(2) Part 2 comes into force on the day that section 3 of the Nunavut Act comes into force.