GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Northwest Territories Act — N-27.05 19
Laws — natural resources 19 (1) The Legislature may make laws in relation to the following subjects in respect of the onshore: (a) exploration for non-renewable natural resources; (b) the development, conservation and management of non-renewable natural resources and forestry resources, including the rate of primary production from those resources; (c) oil and gas pipelines that are situated entirely in the onshore; (d) the development, conservation and management of sites and facilities for the production of electrical energy; and (e) the export, from the onshore to another part of Canada, of the primary production from non-renewable natural resources and forestry resources and of the electrical energy that is produced in the onshore. Limitation — no discrimination (2) A law that is made under paragraph (1)(e) is not to authorize or provide for discrimination in prices or in supplies that are exported. Laws — taxation (3) The Legislature may make laws in relation to the raising of money by any mode of taxation in respect of resources referred to in paragraph (1)(b) and the primary production from those resources and in respect of sites and facilities referred to in paragraph (1)(d) and the production of electrical energy from those sites and facilities. The Legislature may make those laws even if the production is exported. Limitation — no differentiation (4) A law that is made under subsection (3) is not to authorize or provide for taxation that differentiates between production that is exported and that which is not. Definition of primary production (5) In this section, primary production means (a) production from a non-renewable natural resource if (i) it is in the form in which the resource exists on its recovery or severance from its natural state, or (ii) it results from processing or refining the resource and is not (A) a manufactured product, or (B) a product that results from refining crude oil, refining upgraded heavy crude oil, refining gases or liquids derived from coal or refining a synthetic equivalent of crude oil; and (b) production from a forestry resource if the product consists of sawlogs, poles, lumber, wood chips, sawdust or any other primary wood product — or of wood pulp — and is not manufactured from wood. No derogation (6) Nothing in subsections (1) to (5) derogates from any powers that the Legislature has under this Act.
Northwest Territories Act — N-27.05 20
Laws — access to lands and waters 20 The Legislature may make laws in relation to access to the public lands that are under the administration of a federal minister and to the waters overlying those lands, including the compensation that is to be paid in respect of that access.
Northwest Territories Act — N-27.05 21
Roads on Tlicho lands 21 Laws of the Legislature that are made in relation to public highways apply to roads identified in the Tlicho Agreement — as if they were on public lands — if the Tlicho Agreement provides that those laws apply to those roads.
Northwest Territories Act — N-27.05 22
Unitization of straddling resources 22 (1) Despite sections 18 and 19, the Legislature must not amend a law of the Legislature without the consent of the Governor in Council if the law as amended would (a) affect the unitization of those straddling resources that are referred to in the Agreement for Coordination and Cooperation in the Management and Administration of Petroleum Resources in the Inuvialuit Settlement Region that was made on June 25, 2013, as amended from time to time; or (b) limit how that agreement applies to or is implemented by the Government of the Northwest Territories. Canadian Energy Regulator (2) Despite sections 18 and 19, during the period of 20 years beginning on the day on which section 1 comes into force, the Legislature must not amend a law of the Legislature without the consent of the Governor in Council if the law as amended would affect the regulatory functions of the Canadian Energy Regulator in that part of the Inuvialuit Settlement Region — as defined in section 2 of the Inuvialuit Final Agreement — that is situated in the onshore. 2014, c. 2, s. 2 “22” 2019, c. 28, s. 185
Northwest Territories Act — N-27.05 23
Federal appurtenant undertakings 23 Only a federal minister may, in relation to a federal appurtenant undertaking, exercise the following powers and functions under a law of the Legislature: (a) approve the issuance, renewal or amendment of a licence permitting the use of waters or the deposit of waste in waters; (b) consent to a declaration by a water board that an amendment to such a licence — as a result of which the use, flow or quality of waters would be altered — is required on an emergency basis; (c) approve the form of any security posted in respect of such a licence; (d) hold and apply the security; (e) exercise powers that are substantially the same as those set out in section 39 of the Northwest Territories Waters Act , as it read immediately before the coming into force of section 1; (f) issue policy directions to a water board that may issue, renew or amend such a licence; and (g) designate inspectors and grant them powers that are substantially the same as those set out in section 37 or 44.02 of the Northwest Territories Waters Act , as they read immediately before the coming into force of section 1.
Northwest Territories Act — N-27.05 24
Composition of water board 24 For every five members who are appointed to a water board that may — under a law of the Legislature — issue, renew or amend a licence permitting the use of waters or the deposit of waste in waters, one must be nominated by a federal minister.
Northwest Territories Act — N-27.05 25
Restrictions on powers 25 (1) Nothing in subsection 18(1) or section 19 must be construed as giving the Legislature greater powers than are given to legislatures of provinces under sections 92, 92A and 95 of the Constitution Act, 1867 . Water power (2) Despite subsection 18(1) and sections 19 and 20, the Legislature must not make laws in respect of the right to the use and flow of waters for the production or generation of water power to which the Dominion Water Power Act applies.
Northwest Territories Act — N-27.05 26
Agreement implementation Acts 26 Despite subsection 25(1), the Legislature may, in exercising its powers under sections 18 and 19 for the purpose of implementing an Aboriginal land claim agreement or a self-government agreement, make laws that are in relation to the matters coming within class 24 of section 91 of the Constitution Act, 1867 .
Northwest Territories Act — N-27.05 27
Laws — conservation of wildlife 27 Despite subsection 25(1), any law of the Legislature that is in relation to the conservation of wildlife applies, unless the contrary intention appears in it, to and in respect of Aboriginal people.
Northwest Territories Act — N-27.05 28
Laws — borrowing, making loans and investing 28 (1) The Legislature may make laws for the (a) borrowing of money by the Commissioner on behalf of the Northwest Territories for territorial, municipal or local purposes; (b) making of loans to persons; and (c) investing by the Commissioner of surplus money standing to the credit of the Consolidated Revenue Fund of the Northwest Territories. Restriction (2) The aggregate of all borrowings is not to exceed the maximum amount set under subsection (4). Charge on Consolidated Revenue Fund (3) The repayment of money borrowed under a law made under paragraph (1)(a) — and the payment of interest on that money — is a charge on and is payable out of the Consolidated Revenue Fund of the Northwest Territories. Maximum amount — borrowings (4) The Governor in Council may, on the recommendation of the Minister of Finance, set the maximum amount of the aggregate of all borrowings. Regulations (5) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations respecting borrowings for the purposes of subsections (2) and (4), including regulations (a) respecting what constitutes, or is deemed to constitute, borrowing; (b) respecting the entities, or classes of entities, whose borrowings are to be taken into account; and (c) respecting the manner in which the value of a borrowing must be determined.
Northwest Territories Act — N-27.05 29
Withholding assent 29 (1) The Governor in Council may, in writing, direct the Commissioner to withhold his or her assent to a bill that has been introduced in the Legislative Assembly. Assent of Governor in Council (2) A bill in respect of which a direction is given must not become law without the Governor in Council’s assent, which is not to be given later than one year after the day on which the bill is adopted by the Legislative Assembly.
Northwest Territories Act — N-27.05 30
Transmittal of laws 30 (1) A copy of every law of the Legislature must be transmitted by the Clerk of the Legislative Assembly to the Governor in Council within 30 days after the day on which it is made. Disallowance (2) The Governor in Council may disallow any law of the Legislature or any provision of such a law at any time within one year after the day on which it is made.
Northwest Territories Act — N-27.05 31
Conflicting laws 31 In the event of a conflict between a law of the Legislature and a federal enactment, the federal enactment prevails to the extent of the conflict.
Northwest Territories Act — N-27.05 32
Official Languages Act 32 (1) The ordinance entitled the Official Languages Act — made on June 28, 1984 by the Commissioner in Council, as amended on June 26, 1986 or by an Act referred to in section 33 — must not be amended, repealed or rendered inoperable by the Legislature without the concurrence of Parliament by way of an amendment to this Act. Additional rights and services (2) Nothing in subsection (1) is to be construed as preventing the Commissioner, the Legislature or the Government of the Northwest Territories from granting rights in respect of, or providing services in, English, French or a language of an Aboriginal people of Canada — in addition to the rights and services provided for in the Official Languages Act referred to in subsection (1) — whether by amendment, without the concurrence of Parliament, or by any other means.
Northwest Territories Act — N-27.05 33
Amendments concurred in 33 (1) Parliament concurs in An Act to amend the Official Languages Act , made on October 29, 1990 by the Commissioner in Council. March 12, 1992 (2) Parliament concurs in An Act to amend the Official Languages Act , made on March 12, 1992 by the Commissioner in Council.
Northwest Territories Act — N-27.05 34
Establishment 34 (1) All public moneys over which the Legislature has the power of appropriation are to form a fund to be known as the Consolidated Revenue Fund of the Northwest Territories. Establishment of bank accounts (2) The member of the Executive Council designated for that purpose by a law of the Legislature must establish, in the name of the Government of the Northwest Territories, accounts for the deposit of public moneys with (a) banks as defined in section 2 of the Bank Act ; or (b) authorized foreign banks, as defined in section 2 of the Bank Act , that are not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.
Northwest Territories Act — N-27.05 35
Recommendation of Commissioner 35 The Legislative Assembly must not adopt or pass any vote, resolution, address or bill — for the appropriation of public moneys, or of any tax, for any purpose — that has not been first recommended to the Legislative Assembly by message of the Commissioner in the session in which the vote, resolution, address or bill is proposed.
Northwest Territories Act — N-27.05 36
Appropriation of moneys granted by Parliament 36 If a sum of money is granted to Her Majesty in right of Canada by Parliament to defray expenses for a specified public service in the Northwest Territories, the power of appropriation by the Legislature over that sum is subject to the purpose for which it is granted.
Northwest Territories Act — N-27.05 37
Fiscal year 37 The fiscal year of the Government of the Northwest Territories is the period beginning on April 1 in one year and ending on March 31 in the next year.
Northwest Territories Act — N-27.05 38
Submission to Legislative Assembly 38 The Commissioner, with the consent of the Executive Council, must lay before the Legislative Assembly — on or before the day of each fiscal year that the Legislative Assembly fixes — a report called the Public Accounts of the Northwest Territories for the preceding fiscal year; the Legislative Assembly must consider the report.
Northwest Territories Act — N-27.05 39
Form and contents 39 The Public Accounts of the Northwest Territories must be prepared in any form that the Commissioner, with the consent of the Executive Council, directs and are to include (a) consolidated financial statements for the Government of the Northwest Territories, prepared in accordance with Canadian public sector accounting standards; (b) any other information or statements that are required in support of those consolidated financial statements under any law of the Legislature; and (c) the opinion of the Auditor General of Canada that is referred to in subsection 40(1).
Northwest Territories Act — N-27.05 40
Annual audit 40 (1) The Auditor General of Canada must audit the accounts — including those related to the Consolidated Revenue Fund of the Northwest Territories — and financial transactions of the Government of the Northwest Territories in each fiscal year in accordance with Canadian generally accepted auditing standards and must express his or her opinion as to whether (a) the consolidated financial statements present fairly — in all material respects and in accordance with Canadian public sector accounting standards — the financial situation of the Government of the Northwest Territories as at the end of the fiscal year; and (b) the transactions of the Government of the Northwest Territories that have come to the notice of the Auditor General in the course of the audit are within the powers of that Government under this or any other Act of Parliament. Report (2) The Auditor General must report to the Legislative Assembly any matter falling within the scope of the audit that, in his or her opinion, ought to be reported to the Assembly.
Northwest Territories Act — N-27.05 41
Supplementary report 41 The Auditor General of Canada may, at any time, inquire into and submit a supplementary report to the Legislative Assembly about any matter relating to the activities of the Government of the Northwest Territories, including whether (a) accounts have not been faithfully and properly maintained or public money has not been fully accounted for or paid, if so required by law, into the Consolidated Revenue Fund; (b) essential records have not been maintained or the rules and procedures applied have been insufficient to safeguard and control public property, to secure an effective check on the assessment, collection and proper allocation of the revenue and to ensure that expenditures have been made only as authorized; (c) money has been expended for purposes other than those for which it was appropriated by the Legislature or has been expended without due regard to economy or efficiency; or (d) satisfactory procedures have not been established to measure and report the effectiveness of programs, if such procedures could appropriately and reasonably be implemented.
Northwest Territories Act — N-27.05 42
Report at Commissioner’s request 42 At the Commissioner’s request, made with the consent of the Executive Council, the Auditor General of Canada may — if in his or her opinion it does not interfere with the Auditor General’s primary responsibilities — inquire into and report to the Legislative Assembly on any (a) matter relating to the financial affairs of the Government of the Northwest Territories or to public property in the Northwest Territories; or (b) person or organization that has received or is seeking financial aid from the Government of the Northwest Territories.
Northwest Territories Act — N-27.05 43
Auditor General’s powers 43 (1) For the purposes of carrying out his or her functions under this Act, the Auditor General of Canada has all the powers that he or she has under the Auditor General Act . Access to information (2) Except as provided by any law of the Legislature that expressly refers to this subsection, the Auditor General is entitled to free access at all convenient times to information that relates to the fulfilment of his or her responsibilities and is entitled to require and receive from the public service of the Northwest Territories any information, reports and explanations that he or she considers necessary for that purpose.
Northwest Territories Act — N-27.05 44
Appointment of judges 44 The Governor in Council must appoint the judges of any superior, district or county courts in the Northwest Territories.
Northwest Territories Act — N-27.05 45
Tenure of judges 45 The judges of the superior, district and county courts in the Northwest Territories hold office during good behaviour but are removable by the Governor General on address of the Senate and House of Commons and cease to hold office on attaining the age of 75 years.
Northwest Territories Act — N-27.05 46
Judges 46 A judge — other than a deputy judge — of the Yukon Supreme Court or the Nunavut Court of Justice is, by reason of holding that office, a judge of the Supreme Court of the Northwest Territories.
Northwest Territories Act — N-27.05 47
Deputy judges 47 (1) The Governor in Council may appoint any person who is or has been a judge of a superior, district or county court of a province or a barrister or advocate of at least 10 years standing at the bar of a province to be a deputy judge of the Supreme Court of the Northwest Territories and fix his or her remuneration and allowances. Duration of appointment (2) A deputy judge may be appointed for any particular case or cases or for any specified period. Tenure of office (3) A deputy judge holds office during good behaviour but is removable by the Governor General on address of the Senate and House of Commons. Powers (4) A deputy judge must be sworn to the faithful performance of his or her duties in the same manner as a judge of the Supreme Court of the Northwest Territories and, during his or her appointment, has and may exercise and perform all the powers, duties and functions of a judge of that Court.
Northwest Territories Act — N-27.05 48
Jurisdiction — civil cases 48 The Supreme Court of the Northwest Territories has and may exercise and perform — in Yukon or Nunavut — all of its powers, duties and functions with respect to a civil case other than one for which the Court sits with a jury.
Northwest Territories Act — N-27.05 49
Jurisdiction — criminal cases 49 (1) A judge of the Supreme Court of the Northwest Territories has and may exercise and perform — anywhere in Canada — all of its powers, duties and functions with respect to any criminal offence committed or charged to have been committed in the Northwest Territories. Application of laws (2) All laws applicable to criminal proceedings held in the Northwest Territories apply in like manner to proceedings held under this section elsewhere in Canada. Enforcement (3) Any judgment, conviction, sentence or other order pronounced or made in any proceedings held under this section outside the Northwest Territories may be enforced at the place at which it is pronounced or made — or elsewhere, either in or outside the Northwest Territories, as the judge may direct — and the proper officers of the Northwest Territories have and may exercise all powers and authority necessary for its enforcement at the place where it is directed to be enforced, even if that place is not in the Northwest Territories.
Northwest Territories Act — N-27.05 50
Sittings 50 The Court of Appeal of the Northwest Territories may sit in the Northwest Territories or, unless a law of the Legislature provides otherwise, elsewhere in Canada.
Northwest Territories Act — N-27.05 51
Public lands — Commissioner 51 (1) The Commissioner has the administration and control of public lands and may use, sell or otherwise dispose of those lands and retain the proceeds of the disposition. Exceptions (2) Despite subsection (1), the Commissioner does not have the administration and control of the following public lands unless they are transferred to him or her under section 54: (a) those listed under subsection (3); (b) those in respect of which the administration and control is relinquished by the Commissioner under section 53; (c) those in respect of which the administration and control is taken by the Governor in Council under section 55; and (d) those acquired by Her Majesty in right of Canada after the coming into force of section 1. List (3) The Governor in Council must, on the day on which section 1 comes into force, list the public lands that are excluded from the administration and control of the Commissioner.
Northwest Territories Act — N-27.05 52
Rights in respect of waters 52 (1) All rights in respect of waters belong to Her Majesty in right of Canada. Limitations (2) Subsection (1) is subject to any rights granted by or under an Act of Parliament in respect of waters. Commissioner (3) The Commissioner has the administration and control of all rights in respect of waters and may exercise those rights or sell or otherwise dispose of them and may retain the proceeds of the disposition. Exceptions (4) Despite subsection (3), the Commissioner does not have the administration and control of (a) the right to the use and flow of waters for the production or generation of water power to which the Dominion Water Power Act applies; and (b) the following rights in respect of waters unless the administration and control of them is transferred to him or her under section 54: (i) those listed under subsection (5), (ii) those in respect of which the administration and control is relinquished by the Commissioner under section 53, (iii) those in respect of which the administration and control is taken by the Governor in Council under section 55, and (iv) those acquired by Her Majesty in right of Canada after the coming into force of section 1. List (5) The Governor in Council must, on the day on which section 1 comes into force, list the rights in respect of waters that are excluded from the administration and control of the Commissioner.
Northwest Territories Act — N-27.05 53
Relinquishment by Commissioner 53 The Commissioner may, with the Governor in Council’s consent, relinquish — in perpetuity or for any lesser term — the administration and control of public lands and of rights in respect of waters.
Northwest Territories Act — N-27.05 54
Transfer to Commissioner 54 The Governor in Council may, with the Commissioner’s consent, transfer to the Commissioner — in perpetuity or for any lesser term — the administration and control of public lands and of rights in respect of waters.