ExploreNorth, your resource center for exploring the circumpolar North

Return to the Home Page The ExploreNorth Blog Arctic & Northern Books About ExploreNorth Contact ExploreNorth

Search ExploreNorth



Nunavut Act


An Act to establish a territory to be known as Nunavut and provide for its government and to amend certain Acts in consequence thereof

[Assented to 10th June, 1993]


Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1 Short title

1. This Act may be cited as the Nunavut Act.

INTERPRETATION

2 Definitions

2. In this Act,

"Minister"
"Minister" means the Minister of Indian Affairs and Northern Development;

"public land"
"public land" means any land, and any interest in any land, in Nunavut that belongs to Her Majesty in right of Canada or of which the Government of Canada has power to dispose.

PART I
ESTABLISHMENT AND GOVERNMENT

Establishment of Nunavut

3 Establishment of Nunavut

3. There is hereby established a territory of Canada, to be known as Nunavut, consisting of

(a) all that part of Canada north of the sixtieth parallel of north latitude and east of the boundary described in Schedule I that is not within Quebec or Newfoundland; and

(b) the islands in Hudson Bay, James Bay and Ungava Bay that are not within Manitoba, Ontario or Quebec.

Seat of Government

4 Location

4. The seat of government of Nunavut shall initially be at such place in Nunavut as the Governor in Council may designate, but the Legislature for Nunavut may thereafter designate another place as the seat of government.

Executive Power

Commissioner of Nunavut

5(1) Commissioner

5. (1) There shall be a chief executive officer for Nunavut, called the Commissioner of Nunavut, who shall be appointed by the Governor in Council.

5(2) Publication of order

(2) The order in council appointing the Commissioner shall be published in the Canada Gazette.

6(1) Action of Commissioner

6. (1) The Commissioner shall act in accordance with any written instructions given to the Commissioner by the Governor in Council or the Minister.

6(2) Instructions

(2) The Commissioner shall, as soon as possible after receiving written instructions, make them available to the Executive Council of Nunavut and cause them to be laid before the Legislative Assembly of Nunavut, but they are effective when they are made.

7 Executive powers

7. The executive powers that, immediately before the coming into force of this section, were vested by any laws of Canada in the Commissioner of the Northwest Territories shall be exercised by the Commissioner of Nunavut so far as they are applicable to and capable of being exercised in relation to the government of Nunavut as it is constituted at the time of the exercise of those powers.

8 Deputy Commissioner

8. The Governor in Council may appoint a Deputy Commissioner of Nunavut, who, if the Commissioner is absent, ill or unable to act or the office of Commissioner is vacant, has and may exercise and perform all of the powers, duties and functions of the Commissioner.

9 Oaths of office

9. The Commissioner and the Deputy Commissioner shall, before assuming the duties of their respective offices, take and subscribe such oaths of office and allegiance as the Governor in Council may prescribe.

10 Absence or incapacity

10. If both the Commissioner and the Deputy Commissioner are absent, ill or unable to act or both those offices are vacant, the judge of the Supreme Court of Nunavut with the earliest date of appointment to the Court has and may exercise and perform all of the powers, duties and functions of the Commissioner.

Executive Council of Nunavut

11 Executive Council established

11. There is hereby established an Executive Council of Nunavut, the members of which are appointed by the Commissioner on the recommendation of the Legislative Assembly of Nunavut.

Legislative Power

Legislature for Nunavut

12 Legislature established

12. There is hereby established a Legislature for Nunavut consisting of the Commissioner and the Legislative Assembly of Nunavut.

Legislative Assembly of Nunavut

13 Assembly established

13. There is hereby established a Legislative Assembly of Nunavut, each member of which is elected to represent an electoral district in Nunavut.

14(1) Laws respecting Assembly>

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

14(2) First Assembly

(2) For the first Assembly, the Governor in Council shall, by order, prescribe the number of members of the Assembly and describe and name the electoral districts in Nunavut, but in no event shall the number of members of the first Assembly be less than ten.

15(1) Writs

15. (1) Writs for the election of members of the Assembly shall be issued on the instructions of the Commissioner.

15(2) First elections

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

16 Oaths of office

16. Each member of the Assembly shall, before assuming the duties of that office, take and subscribe before the Commissioner such oaths of office and allegiance as the Governor in Council may prescribe.

17 Duration of Assembly

17. No Assembly shall continue for longer than five years from the date of the return of the writs for the general election, but the Commissioner may at any time, after consultation with the Executive Council, dissolve the Assembly.

18 Sittings of Assembly

18. The Assembly shall sit at least once every twelve months.

19 Speaker

19. The Assembly shall elect one of its members to be Speaker, who shall preside over the Assembly when it is sitting.

20 Quorum

20. A majority of the Assembly, including the Speaker, constitutes a quorum.

21 Rules of procedure

21. The Assembly may make rules for its operations and procedures, except in relation to the classes of subjects referred to in paragraphs 23(1)(b) and (c).

22 Part of indemnity not taxable

22. One thousand dollars of the indemnity paid in any year to a member of the Assembly for sittings of the Assembly is not income for the purposes of the Income Tax Act.

Legislative Powers

23(1) Legislative powers

23. (1) Subject to any other Act of Parliament, the Legislature may make laws in relation to the following classes of subjects:

(a) the election of members of the Assembly, including the qualifications of electors and of candidates for election;

(b) the disqualification of persons from sitting or voting as members of the Assembly;

(c) the indemnity and expenses of members of the Assembly, including members of a committee of the Assembly;

(d) the establishment and tenure of territorial offices and the appointment, conditions of employment and payment of territorial officers;

(e) the administration of justice in Nunavut, including the constitution, maintenance and organization of territorial courts, both of civil and of criminal jurisdiction, and the procedure in civil matters in those courts;

(f) the establishment, maintenance and management of prisons, jails or lock-ups in and for Nunavut;

(g) municipal and local institutions in Nunavut;

(h) hospitals and charities in and for Nunavut;

(i) the management and sale of the lands the right to the beneficial use or to the proceeds of which is appropriated to the Commissioner by section 49, and of the timber and wood on those lands;

(j) direct taxation within Nunavut in order to raise revenue for territorial, municipal or local purposes;

(k) licensing in order to raise revenue for territorial, municipal or local purposes;

(l) property and civil rights in Nunavut;

(m) education in and for Nunavut, subject to the condition that any law respecting education must provide that

(i) a majority of the ratepayers of any part of Nunavut, by whatever name called, may establish such schools in that part as they think fit, and make the necessary assessment and collection of rates for those schools, and

(ii) the minority of the ratepayers in that part of Nunavut, whether Protestant or Roman Catholic, may establish separate schools in that part and, if they do so, they are liable only to assessments of such rates as they impose on themselves in respect of those separate schools;

(n) the preservation, use and promotion of the Inuktitut language, to the extent that the laws do not diminish the legal status of, or any rights in respect of, the English and French languages;

(o) the solemnization of marriage in Nunavut;

(p) intoxicants in Nunavut, including the definition of what constitutes an intoxicant;

(q) the incorporation of companies with territorial objects, excluding railway, steamship, air transport, telegraph and telephone companies;

(r) agriculture in Nunavut;

(s) the preservation of game in Nunavut;

(t) the entering into of intergovernmental agreements by the Commissioner or any other official of the Government of Nunavut;

(u) the expenditure of money for territorial purposes;

(v) generally, all matters of a merely local or private nature in Nunavut;

(w) the imposition of fines, penalties, imprisonment or other punishment in respect of the contravention of any law made by the Legislature; and

(x) such other matters as the Governor in Council may, by order, designate.

23(2) Restriction on powers

(2) Nothing in subsection (1) shall be construed as giving the Legislature greater powers with respect to any class of subjects described in that section than are given to the legislatures of the provinces by sections 92 and 95 of the Constitution Act, 1867 with respect to similar subjects described in those sections.

23(3) Laws in respect of Indians and Inuit

(3) Subject to any other Act of Parliament, nothing in subsection (2) shall be construed as preventing the Legislature from making laws of general application that apply to or in respect of Indians and Inuit.

24 Restriction

24. The Legislature may not make laws under section 23 that restrict or prohibit Indians or Inuit from hunting, on unoccupied Crown lands, for food game other than game declared by order of the Governor in Council to be game in danger of becoming extinct.

25 Land claims agreements

25. For greater certainty, the Legislature may make laws under any other provision of this Act for the purpose of implementing the land claims agreement entered into by Her Majesty in right of Canada and the Inuit on May 25, 1993 or any other land claims agreement with an aboriginal people as may be designated by order of the Governor in Council.

26(1) Importation of intoxicants

26. (1) Subject to any other Act of Parliament, the Legislature may make laws respecting the importation of intoxicants into Nunavut from any other place in Canada or elsewhere and defining what constitutes an intoxicant for the purposes of those laws.

26(2) Importation of Intoxicating Liquors Act not applicable

(2) The Importation of Intoxicating Liquors Act does not apply to the importation, sending, taking or transportation of intoxicating liquor into Nunavut.

27(1) Borrowing and lending

27. (1) The Legislature may make laws

(a) for the borrowing of money by the Commissioner on behalf of Nunavut for territorial, municipal or local purposes;

(b) for the lending of money by the Commissioner to any person in Nunavut; and

(c) for the investing by the Commissioner of surplus money standing to the credit of the Nunavut Consolidated Revenue Fund.

27(2) Restriction

(2) No money may be borrowed under a law made pursuant to paragraph (1)(a) without the approval of the Governor in Council.

27(3) Charge on Nunavut C.R.F.

(3) The repayment of money borrowed under a law made pursuant to paragraph (1)(a), and the payment of interest on the money, is a charge on and payable out of the Nunavut Consolidated Revenue Fund.

28(1) Transmittal of laws

28. (1) A copy of every law made by the Legislature shall be transmitted to the Governor in Council within thirty days after its enactment.

28(2) Disallowance

(2) The Governor in Council may disallow any law made by the Legislature or any provision of any such law at any time within one year after its enactment.

Laws Applicable in Nunavut

29 Laws of Northwest Territories

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

30(1) Where no officer in Nunavut

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

30(2) Transmission of documents

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

Judicial Power

Judicature

31(1) Superior courts

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

31(2) Appointment of judges

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

31(3) Tenure of office of judges

(3) The judges of the superior courts in Nunavut hold office during good behaviour, but may be removed by the Governor in Council on address of the Senate and House of Commons and cease to hold office on attaining the age of seventy-five years.

Supreme Court of Nunavut

32 Judges of the Supreme Court

32. The judges of the Supreme Court of the Yukon Territory and of the Supreme Court of the Northwest Territories are, by virtue of those offices, judges of the Supreme Court of Nunavut.

33(1) Deputy judges

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 Supreme Court of Nunavut and may fix that person's remuneration and allowances.

33(2) Duration of appointment

(2) A deputy judge may be appointed for any particular case or cases or for any specified period.

33(3) Tenure of office

(3) A deputy judge holds office during good behaviour, but may be removed by the Governor in Council on address of the Senate and House of Commons.

33(4) Powers

(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 Supreme Court of Nunavut is deemed to include a reference to the deputy judge.

34 Exercise of powers of provincial court judge or stipendiary magistrate

34. Where any law in force in Nunavut provides that a power, duty or function is to be exercised or performed by a provincial court judge or a stipendiary magistrate, the power, duty or function may be exercised or performed by a judge of the Supreme Court of Nunavut or, if the power, duty or function is within the jurisdiction given to a judge of any other territorial court pursuant to this Act, by the judge of that other court.

35(1) Jurisdiction to try criminal cases

35. (1) A judge of the Supreme Court of Nunavut 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.

35(2) Application of laws

(2) All laws applicable to criminal proceedings in Nunavut apply in like manner to proceedings held under this section at any place outside Nunavut.

35(3) Enforcement of decisions

(3) Any judgment, conviction, sentence or order pronounced or made in any proceedings held under this section outside Nunavut may be enforced or executed at the place at which it is pronounced or made or elsewhere, either in or outside Nunavut, as the judge of the Court may direct, and the proper officers of Nunavut have and may exercise all powers and authority necessary for the enforcement or execution thereof at the place where it is directed to be enforced or executed, notwithstanding that the place is not in Nunavut.

Court of Appeal of Nunavut

36 Sittings

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

Repeal

37 Repeal

37. Sections 32 to 36 and this section are repealed on a day or days to be fixed by order of the Governor in Council.

PART II
GENERAL

Official Languages

38(1) Official Languages ordinance

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

38(2) Additional rights and services

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

Nunavut Consolidated Revenue Fund

39(1) Nunavut C.R.F.

39. (1) All public moneys and revenue over which the Legislature has the power of appropriation shall form a fund to be known as the Nunavut Consolidated Revenue Fund.

39(2) Establishment of accounts

(2) The Commissioner may establish, in the name of the Government of Nunavut, accounts for the deposit of public moneys and revenue with any member of the Canadian Payments Association or any local cooperative credit society that is a member of a central cooperative credit society having membership in that Association.

40 Recommendation of Commissioner

40. The Assembly may not adopt or pass any vote, resolution, address or bill for the appropriation of any part of the public revenue of Nunavut, or of any tax, for any purpose that has not been first recommended to the Assembly by message of the Commissioner in the session in which the vote, resolution, address or bill is proposed.

41 Appropriation of moneys granted by Parliament

41. When a sum of money is granted to Her Majesty in right of Canada by Parliament to defray expenses for a specified public service in Nunavut, the power of appropriation by the Legislature over that sum is subject to the specified purpose for which it is granted.

Territorial Accounts

42 Fiscal year

42. The fiscal year of Nunavut is the period beginning on April 1 in one year and ending on March 31 in the next year.

43 Auditor of Nunavut

43. The Auditor General of Canada shall act as the auditor of Nunavut.

44 Submission of Territorial Accounts to Assembly

44. The Commissioner shall, on or before December 31 of each fiscal year, lay before the Assembly a report, called the Territorial Accounts, for the preceding fiscal year of Nunavut, and the Assembly shall consider the report.

45 Form and contents

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

(a) consolidated financial statements for Nunavut of

(i) the financial position as at the end of the fiscal year,

(ii) the accumulated surplus or deficit as at the end of the fiscal year,

(iii) the revenues and expenditures for the fiscal year, and

(iv) the changes in the financial position for the fiscal year; and

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

46(1) Audit and report by auditor

46. (1) The auditor of Nunavut shall audit the accounts and financial transactions of Nunavut in each fiscal year in accordance with generally accepted auditing standards and report to the Assembly on the result of that audit, including whether, in the opinion of the auditor,

(a) the consolidated financial statements for Nunavut presents fairly, in all material respects and in accordance with accounting principles recommended by the Canadian Institute of Chartered Accountants or its successor, the financial position of Nunavut as at the end of the fiscal year and the results of its operations in, and changes in its financial position for, the fiscal year; and

(b) the transactions of Nunavut that have come to the notice of the auditor in the course of the audit of the consolidated financial statements have been within the powers of Nunavut under this Act and any other Act applicable to Nunavut.

46(2) Other matters

(2) The auditor of Nunavut shall call attention to any other matter falling within the scope of the audit made under subsection (1) that, in the opinion of the auditor, should be brought to the attention of the Assembly.

47 Inquiry and report

47. At the request of the Commissioner, made on the advice of the Executive Council and with the agreement of the Governor in Council, the auditor of Nunavut may, if in the auditor's opinion it does not interfere with the auditor's primary responsibilities, inquire into and report to the Assembly

(a) on any matter relating to the financial affairs of Nunavut or to public property in Nunavut; or

(b) on any person or organization that has received or is seeking financial aid from the Government of Nunavut.

48(1) Powers of auditor

48. (1) The auditor of Nunavut has, in connection with the audit of the accounts of Nunavut, all the powers that the Auditor General of Canada has under the Auditor General Act in connection with the examination of the accounts of Canada.

48(2) Access to information

(2) Except as provided by any law made by the Legislature that expressly refers to this subsection, the auditor of Nunavut is entitled to free access at all convenient times to information that relates to the fulfilment of the auditor's responsibilities and is entitled to require and receive from the public service of Nunavut such information, reports and explanations as the auditor considers necessary for that purpose.

Lands

49(1) Lands vested in Her Majesty

49. (1) The following lands are and remain vested in Her Majesty in right of Canada:

(a) land acquired with funds of Nunavut;

(b) land in Nunavut acquired with funds of the Northwest Territories before the day on which section 3 comes into force;

(c) public land, the administration and control of which has been transferred by the Governor in Council to the Commissioner of Nunavut;

(d) public land, the administration and control of which has been transferred by the Governor in Council to the Commissioner of the Northwest Territories before the day on which section 3 comes into force;

(e) all roads, streets, lanes and trails on public land;

(f) land acquired pursuant to tax sale proceedings by the Commissioner of Nunavut; and

(g) land in Nunavut acquired pursuant to tax sale proceedings by the Commissioner of the Northwest Territories before the day on which section 3 comes into force.

49(2) Beneficial use or proceeds

(2) The right to the beneficial use or to the proceeds of the lands referred to in subsection (1) is appropriated to the Commissioner, and the lands may be held by and in the name of the Commissioner for the beneficial use of the Government of Nunavut.

49(3) Management and disposal

(3) Subject to any law made by the Legislature, the Commissioner may manage, and sell, lease or otherwise dispose of, the lands referred to in subsection (1).

49(4) Relinquishment

(4) The Commissioner may, with the approval of the Governor in Council, relinquish the administration and control of the entire or any lesser interest in any land referred to in subsection (1), either in perpetuity or for any lesser term.

49(5) Approval

(5) On the approval of the relinquishment, the appropriation under subsection (2), and the Commissioner's rights and powers under subsections (2) and (3), in respect of the relinquished land or interest are terminated and the land or interest becomes subject to the control of the Governor in Council.

49(6) Transfer

(6) The Governor in Council may transfer the administration of the land or interest to a Minister of the Government of Canada or to an agent corporation within the meaning of the Financial Administration Act.

50 Transfer to Commissioner

50. The Governor in Council may transfer, either in perpetuity or for any lesser term, the administration and control of the entire or any lesser interest in any public land to the Commissioner.

Cultural Sites and Property

51(1) Regulations

51. (1) The Governor in Council may make regulations for the protection, care and preservation of sites, works, objects and specimens in Nunavut of palaeontological, archaeological, ethnological or historical importance, interest or significance and of explorers' cairns and explorers' documents in Nunavut.

51(2) Offence

(2) Every person who contravenes any regulation made under subsection (1) is guilty of an offence punishable on summary conviction.

52(1) Power to seize

52. (1) A peace officer who believes on reasonable grounds that any object, specimen or document has been removed, taken, shipped, had in possession or otherwise dealt in contravention of the regulations may, in Nunavut, without a warrant, seize the object, specimen or document.

52(2) Forfeiture

(2) A peace officer who makes a seizure under subsection (1) shall report the seizure as soon as practicable to a justice of the peace, who may, on being satisfied that the object, specimen or document was removed, taken, shipped, had in possession or otherwise dealt with in contravention of the regulations, declare it to be forfeited to Her Majesty in right of Canada and, on that declaration, it is forfeited.

PART III
NUNAVUT IMPLEMENTATION COMMISSION

Interpretation

53 Definition of "Tungavik"

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

Establishment

54 Commission established

54. There is hereby established a commission, to be called the Nunavut Implementation Commission, consisting of a Chairperson and nine other members to be appointed by the Governor in Council.

55(1) Chairperson

55. (1) The Chairperson shall be appointed on the recommendation of the Minister with the agreement of the government leader of the Northwest Territories and of Tungavik.

55(2) Other members

(2) Of the members other than the Chairperson, three shall be appointed from a list of candidates supplied by the government leader of the Northwest Territories and three from a list of candidates supplied by Tungavik.

55(3) Term

(3) A member shall be appointed to hold office during pleasure for such term not exceeding three years as the Governor in Council may fix, but a member may be reappointed in the same or another capacity.

56(1) Residence

56. (1) Unless the Minister, the government leader of the Northwest Territories and Tungavik agree otherwise, at least six members shall be ordinarily resident in Nunavut.

56(2) Office vacated

(2) If a member ceases to be ordinarily resident in Nunavut and the condition imposed by subsection (1) is not satisfied, the appointment of the member is terminated as of the date the member ceases to be so resident.

57 Meetings

57. The Commission shall meet at least four times a year.

Mandate

58 Mandate

58. The mandate of the Commission is to advise the Government of Canada, the Government of the Northwest Territories and Tungavik on the establishment of Nunavut and, in particular, to advise on

(a) the timetable for the assumption by the Government of Nunavut of responsibility for the delivery of services;

(b) the process for the first election of the members of the Assembly, including the number of members and the establishment of electoral districts;

(c) the design and funding of training programs;

(d) the process for determining the location of the seat of government of Nunavut;

(e) the principles and criteria for the equitable division of assets and liabilities between Nunavut and the Northwest Territories;

(f) the new public works necessitated by the establishment of Nunavut and the scheduling of the construction of the works;

(g) the administrative design of the first Government of Nunavut;

(h) the arrangements for delivery of programs and services where the responsibility for delivery by Nunavut is to be phased in; and

(i) any other related matter referred to it by the Minister, with the consent of the government leader of the Northwest Territories and of Tungavik.

59 Information

59. The Commission shall establish programs, which may include the holding of public meetings, to inform the residents of Nunavut of its activities.

60 Other functions

60. The Commission shall perform such functions as in its opinion are required to fulfill its mandate.

61(1) Powers

61. (1) The Commission may, for the purpose of fulfilling its mandate,

(a) acquire personal property in the name of the Commission and dispose of the property; and

(b) enter into contracts in the name of the Commission.

61(2) Legal proceedings

(2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Commission may be brought or taken by or against the Commission in the name of the Commission in any court that would have jurisdiction if the Commission were a corporation.

61(3) Not an agent

(3) The Commission is not an agent of Her Majesty in right of Canada.

62 By-laws

62. The Commission may make by-laws respecting the conduct of its business.

Staff

63(1) Executive Director

63. (1) There shall be an Executive Director of the Commission, who shall be appointed by the Commission and who, under the direction of the Chairperson, has supervision over and direction of the work, budget and staff of the Commission and is the secretary to the Commission.

63(2) Absence or incapacity of Chairperson

(2) If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, the members may authorize a member to assume the direction of the Chairperson over the Executive Director.

64(1) Staff

64. (1) The Commission may employ such employees as it considers necessary for the proper conduct of its work and, subject to subsection (2), may prescribe their duties and the conditions of their employment.

64(2) General consistency

(2) The conditions of employment respecting remuneration and benefits and the payment of expenses must be generally consistent with the conditions established by the Treasury Board for persons employed in the public service as defined in subsection 11(1) of the Financial Administration Act.

64(3) Presumption

(3) The members, Executive Director and employees of the Commission are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulation made pursuant to section 9 of the Aeronautics Act.

Financial Provisions

65(1) Annual budget

65. (1) The Commission shall annually submit a budget for the next following fiscal year to the Minister for consideration.

65(2) Accounts

(2) The Commission shall maintain books of account and records in relation thereto in accordance with accounting principles recommended by the Canadian Institute of Chartered Accountants or its successor.

65(3) Consolidated financial statements

(3) The Commission shall annually prepare consolidated financial statements in accordance with the accounting principles referred to in subsection (2) and shall include therein such information or statements as are required in support of the consolidated financial statements.

65(4) Audit

(4) The accounts, financial statements and financial transactions of the Commission shall be audited annually by the Auditor General of Canada and a report of the audit shall be made to the Commission and forthwith sent to the Minister.

Annual Report

66(1) Annual report

66. (1) Subject to subsection (2), the Commission shall, within three months after the end of each fiscal year, submit to the Minister a report on the activities of the Commission in that year.

66(2) Idem

(2) The report for the year in which this Part is repealed shall be submitted before the repeal.

67 Tabling in Parliament

67. The Minister shall cause a copy of the report to be laid before each House of Parliament within the first thirty days on which that House is sitting after the day on which the Minister receives it.

68(1) Tabling in Council of Northwest Territories

68. (1) On the tabling in a House of Parliament of a copy of the report, the Minister shall submit copies of it to the government leader of the Northwest Territories and to Tungavik, and the government leader shall lay a copy of the report before the Council of the Northwest Territories within the first thirty days on which the Council is sitting after the day on which the government leader receives it.

68(2) Tabling in Legislative Assembly of Nunavut

(2) On the tabling in a House of Parliament of a copy of the report for the year in which section 3 comes into force, the Minister shall, in addition to submitting copies as described in subsection (1), submit copies of it to the government leader of Nunavut or, if the leader has not yet been chosen, the Commissioner of Nunavut, and the government leader or Commissioner, as the case may be, shall lay a copy of the report before the Assembly within the first thirty days on which the Assembly is sitting after the day on which the government leader or Commissioner receives it.

Repeal

69 Repeal

69. This Part is repealed on the day that is three months after the day on which section 3 comes into force or on such earlier day as the Governor in Council may fix by order.

PART IV
TRANSITIONAL PROVISIONS

Expenditures

70 Expenditures

70. Until the first Legislative Assembly of Nunavut is convened, the Commissioner of Nunavut may authorize the payment of monies out of the Nunavut Consolidated Revenue Fund for the purposes of defraying expenses incurred in respect of Nunavut for which there is no other lawful authority to defray.

Interim Commissioner of Nunavut

71(1) Interim Commissioner of Nunavut

71. (1) The Governor in Council may establish the office of Interim Commissioner of Nunavut and may appoint a person to hold that office during pleasure until the appointment of the first Commissioner of Nunavut.

71(2) Directions

(2) The Interim Commissioner shall act in accordance with any written directions given to the Interim Commissioner by the Minister.

71(3) Publication

(3) Directions respecting the exercise of the powers conferred by section 72 or 75 shall be published in such manner as the Minister may determine.

72(1) Powers generally

72. (1) The Interim Commissioner may

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

(b) prescribe the duties of the persons referred to in paragraph (a) and the conditions of their employment consistent with the conditions of employment established by the Government of the Northwest Territories for its employees;

(c) establish systems and processes for the Government of Nunavut, including the organization and administration of territorial courts; and

(d) carry out such other functions as the Governor in Council may, by order, assign to the Interim Commissioner for the purposes of facilitating the assumption by the Government of Nunavut of any of its powers, duties or functions.

72(2) Agreements binding

(2) Agreements entered into pursuant to paragraph (1)(a) are binding on the Government of Nunavut.

72(3) Alteration, etc. of systems

(3) The Government of Nunavut may alter, revoke or replace any system or process established pursuant to paragraph (1)(c).

73(1) Agreements

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

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

(b) with the Government of Canada or the Northwest Territories for funding in respect of Nunavut; and

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

73(2) Agreements binding

(2) Subject to subsections (3) and (4), agreements entered into pursuant to this section are binding on the Government of Nunavut.

73(3) Termination

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

73(4) Idem

(4) An agreement entered into pursuant to paragraph (1)(b) terminates two years after the coming into force of section 3, unless the agreement provides for an earlier termination.

74 Carrying out of programs

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

75(1) Staff

75. (1) The Interim Commissioner may employ such employees as the Interim Commissioner considers necessary for the proper conduct of the Interim Commissioner's work and may prescribe their duties and the conditions of their employment consistent with the conditions of employment established by the Government of the Northwest Territories for its employees.

75(2) Termination of employment

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

Council of the Northwest Territories

>76(1) Sitting members

76. (1) A member of the Council of the Northwest Territories whose electoral district does not include any of the communities listed in Schedule II ceases, on the coming into force of section 3, to be a member of the Council.

76(2) Change of name

(2) If the name of a community listed in Schedule II is changed, the reference in that Schedule to the name of the community shall be construed as a reference to the new name of the community.

PART V
CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE

Northwest Territories Act

77. [Amendment]

Other Consequential Amendments

78. [Amendments]

Coming into Force

79(1) Coming into force

*79. (1) Subject to subsection (2), this Act or any provision of this Act or of any Act as amended by this Act shall come into force on April 1, 1999 or on such earlier day or days as the Governor in Council may fix by order.

79(2) Idem

(2) Part III shall come into force on the day that is six months after the day on which this Act is assented to or on such earlier day as the Governor in Council may fix by order.

*[Note: Part III in force December 10, 1993; sections 1 and 4 in force June 20, 1996, see SI/96-51; sections 71 to 75 in force November 26, 1996, see SI/96-102.]

SCHEDULE I

(Section 3)

WESTERN BOUNDARY OF NUNAVUT

Commencing at the intersection of 60o00'N latitude with 102o00'W longitude, being the intersection of the Manitoba, Northwest Territories and Saskatchewan borders;

thence due north to the intersection of 102o00'W longitude and 64o14'N latitude near the south shore of the Thelon River;

thence west northwesterly in a straight line to the intersection of 64o50'N latitude and 109o20'W longitude, north of Gloworm Lake;

thence northwesterly in a straight line to the intersection of 65o30'N latitude and 110o40'W longitude, west of Contwoyto Lake;

thence due west to the intersection of 65o30'N latitude and 112o30'W longitude, east of Itchen Lake;

thence northwesterly in a straight line to a point on the southeastern boundary of the Inuvialuit Settlement Region, being the intersection of 68o00'N latitude and 120o40'51"W longitude;

thence due north to the intersection of 120o40'51"W longitude and the shoreline of Amundsen Gulf;

thence easterly in a straight line to the intersection of the northerly bank of Kugalak River and the shoreline of Penny Bay in Amundsen Gulf;

thence generally easterly following the northerly bank of Kugalak River to the intersection of that bank and 116o38'10"W longitude at approximate 69o38'N latitude;

thence northwesterly in a straight line to the intersection of 69o53'20"N latitude and 117o08'40"W longitude;

thence northerly in a straight line to the intersection of 70o00'N latitude and 117o07'W longitude;

thence due east to the intersection of 70o00'N latitude and 112o53'W longitude;

thence due south to the intersection of 112o53'W longitude and 69o50'N latitude;

thence due east to the intersection of 69o50'N latitude and 112o39'W longitude;

thence due north to the intersection of 112o39'W longitude and the shoreline of Quunnguq Lake at approximate 69o51'N latitude;

thence easterly, northerly and westerly following the sinuosities of the shoreline of Quunnguq Lake to the intersection of that shoreline and 112o30'W longitude at approximate 69o54'50"N latitude;

thence due north to the intersection of 112o30'W longitude and 70o00'N latitude;

thence due east to the intersection of 70o00'N latitude and 110o00'W longitude; and finally

thence due north along 110o00'W longitude to its intersection with the northern limits of Canada, being the termination of this boundary.

SCHEDULE III

92. Section 15 of Schedule III to the Nunavut Act and the heading before it are repealed.