GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Act — N-28.6 74
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). 1993, c. 28, s. 74; 1998, c. 15, s. 14
Nunavut Act — N-28.6 75
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. 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. 1993, c. 28, s. 75; 1998, c. 15, s. 15
Nunavut Act — N-28.6 76
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. 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.
Nunavut Act — N-28.6 76.01
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. 1998, c. 15, s. 16
Nunavut Act — N-28.6 76.02
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. 1998, c. 15, s. 16
Nunavut Act — N-28.6 76.03
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. 1998, c. 15, s. 16
Nunavut Act — N-28.6 76.04
Qualifications 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. 1998, c. 15, s. 16
Nunavut Act — N-28.6 76.06
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. Courts excluded (2) Subsection (1) does not apply to courts of the Northwest Territories. Nunavut Court of Justice (2.1) For greater certainty, the Nunavut Court of Justice has and may exercise in relation to Nunavut the powers, duties and functions of any territorial court referred to in a law duplicated under subsection 29(1). 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 the day that section 3 comes into force. 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. 1998, c. 15, s. 16; 1999, c. 3, s. 7
Nunavut Act — N-28.6 76.07
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. 1998, c. 15, s. 16
Nunavut Act — N-28.6 76.08
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. 1998, c. 15, s. 16
Nunavut Act — N-28.6 76.09
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. 1998, c. 15, s. 16
Nunavut Act — N-28.6 76.1
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. New trials (3) For greater certainty, an appeal or review mentioned in subsection (2) includes a new trial ordered and any appeal or review in relation to the new trial. 1998, c. 15, s. 16; 1999, c. 3, s. 8
Nunavut Act — N-28.6 76.11
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 the Nunavut Court of Justice if the court, judge or justice of the Northwest Territories is satisfied that the transfer is in the interests of the administration of justice. 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 Nunavut Court of Justice 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 Nunavut Court of Justice. Any order or decision made or document issued by a court, judge or justice of the Northwest Territories in relation to the matter that is transferred is deemed to have been made or issued by the Nunavut Court of Justice. 1998, c. 15, s. 16; 1999, c. 3, s. 9
Nunavut Act — N-28.6 76.12
Sittings for pending cases 76.12 (1) For any matter referred to in section 76.1 or 76.11, (a) the territorial courts, including superior courts, 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) the Nunavut Court of Justice may exercise and perform all of its 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 when it sits in the other territory under subsection (1) are the laws that would apply if it heard the matter in the territory where it normally sits. Enforcement of decisions (3) Any judgment, conviction, sentence or order pronounced or made in any matter commenced in the Northwest Territories before the day section 3 comes into force may be enforced or executed at any place in Nunavut or the Northwest Territories as the court with jurisdiction over the matter may direct, and the proper officers of the territory in which the judgment, conviction, sentence or order is to be enforced or executed may exercise all powers and authority necessary for that purpose. 1998, c. 15, s. 16; 1999, c. 3, s. 10
Nunavut Act — N-28.6 76.13
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. 1998, c. 15, s. 16
Nunavut Act — N-28.6 Coming into force
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. 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; sections 1, 121 and 126 of Schedule III in force November 27, 1997, see SI/97-136; subsection 14(2) in force June 1, 1998, see SI/98-69; subsection 128(2) of Schedule III deemed to have come into force November 26, 1996, see 1998, c. 15, s. 37(2); the definition Tunngavik in section 2 and sections 50.1, 76.01 to 76.07 and 76.09 in force June 11, 1998, see 1998, c. 15, s. 52(1); sections 9, 16 and 51 in force November 27, 1998, see SI/98-112.]
Nunavut Act — N-28.6
Commencing at the intersection of 60°00′N latitude with 102°00′W longitude, being the intersection of the Manitoba, Northwest Territories and Saskatchewan borders;
Nunavut Act — N-28.6
thence due north to the intersection of 102°00′W longitude and 64°14′N latitude near the south shore of the Thelon River;
Nunavut Act — N-28.6
thence west northwesterly in a straight line to the intersection of 64°50′N latitude and 109°20′W longitude, north of Gloworm Lake;
Nunavut Act — N-28.6
thence northwesterly in a straight line to the intersection of 65°30′N latitude and 110°40′W longitude, west of Contwoyto Lake;
Nunavut Act — N-28.6
thence due west to the intersection of 65°30′N latitude and 112°30′W longitude, east of Itchen Lake;
Nunavut Act — N-28.6
thence northwesterly in a straight line to a point on the southeastern boundary of the Inuvialuit Settlement Region, being the intersection of 68°00′N latitude and 120°40′51″W longitude;
Nunavut Act — N-28.6
thence due north to the intersection of 120°40′51″W longitude and the shoreline of Amundsen Gulf;
Nunavut Act — N-28.6
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;
Nunavut Act — N-28.6
thence generally easterly following the northerly bank of Kugalak River to the intersection of that bank and 116°38′10″W longitude at approximate 69°38′N latitude;
Nunavut Act — N-28.6
thence northwesterly in a straight line to the intersection of 69°53′20″N latitude and 117°08′40″W longitude;
Nunavut Act — N-28.6
thence northerly in a straight line to the intersection of 70°00′N latitude and 117°07′W longitude;
Nunavut Act — N-28.6
thence due east to the intersection of 70°00′N latitude and 112°53′W longitude;
Nunavut Act — N-28.6
thence due south to the intersection of 112°53′W longitude and 69°50′N latitude;
Nunavut Act — N-28.6
thence due east to the intersection of 69°50′N latitude and 112°39′W longitude;
Nunavut Act — N-28.6
thence due north to the intersection of 112°39′W longitude and the shoreline of Quunnguq Lake at approximate 69°51′N latitude;
Nunavut Act — N-28.6
thence easterly, northerly and westerly following the sinuosities of the shoreline of Quunnguq Lake to the intersection of that shoreline and 112°30′W longitude at approximate 69°54′50″N latitude;
Nunavut Act — N-28.6
thence due north to the intersection of 112°30′W longitude and 70°00′N latitude;
Nunavut Act — N-28.6
thence due east to the intersection of 70°00′N latitude and 110°00′W longitude; and finally
Nunavut Act — N-28.6
thence due north along 110°00′W longitude to its intersection with the northern limits of Canada, being the termination of this boundary.
Nunavut Act — N-28.6 25
25 (1) [Amendment] (2) [Repealed, 1999, c. 3, s. 12]
Nunavut Act — N-28.6 35.1 to 36
35.1 to 36 [Repealed, 1999, c. 3, s. 12]
Nunavut Act — N-28.6 43.2
43.2 (1) [Amendment] (2) [Repealed, 1999, c. 3, s. 12]
Nunavut Act — N-28.6 64 and 65
64 and 65 [Repealed, 1996, c. 10, s. 249]
Nunavut Act — N-28.6 82
82 (1) and (2) [Amendments] (3) [Repealed, 1999, c. 3, s. 12]
Nunavut Act — N-28.6 84
84 (1) to (3) [Repealed, 1999, c. 3, s. 12] (3.1) [Amendment] (4) [Repealed, 1999, c. 3, s. 12]
Nunavut Act — N-28.6 85
85 (1) [Repealed, 1999, c. 3, s. 12] (2) [Amendment]
Nunavut Act — N-28.6 112 and 113
112 and 113 [Repealed, 1999, c. 3, s. 12]
Nunavut Act — N-28.6 142 and 143
142 and 143 [Repealed, 1999, c. 3, s. 12]
Nunavut Land Claims Agreement Act — N-28.7 Preamble
Preamble WHEREAS the Inuit of the Nunavut Settlement Area have asserted an aboriginal title to that Area based on their traditional and current use and occupation of the lands, waters and land-fast ice therein in accordance with their own customs and usages;
Nunavut Land Claims Agreement Act — N-28.7
WHEREAS the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada;
Nunavut Land Claims Agreement Act — N-28.7
WHEREAS Her Majesty the Queen in right of Canada and the Inuit of the Nunavut Settlement Area have negotiated an Agreement based on and reflecting the following objectives:
Nunavut Land Claims Agreement Act — N-28.7
to provide for certainty and clarity of rights to ownership and use of lands and resources and of rights for Inuit to participate in decision-making concerning the use, management and conservation of land, water and resources, including the offshore,
Nunavut Land Claims Agreement Act — N-28.7
to provide Inuit with wildlife harvesting rights and rights to participate in decision-making concerning wildlife harvesting,
Nunavut Land Claims Agreement Act — N-28.7
to provide Inuit with financial compensation and means of participating in economic opportunities,
Nunavut Land Claims Agreement Act — N-28.7
to encourage self-reliance and the cultural and social well-being of Inuit;
Nunavut Land Claims Agreement Act — N-28.7
WHEREAS Her Majesty the Queen in right of Canada and the Inuit of the Nunavut Settlement Area, through their duly mandated representatives, have entered into the Agreement through which Inuit shall receive defined rights and benefits in exchange for the surrender of certain claims, rights, title and interests, based on their assertion of an aboriginal title;
Nunavut Land Claims Agreement Act — N-28.7
WHEREAS the Agreement provides that it will be a land claims agreement within the meaning of section 35 of the Constitution Act, 1982 ;
Nunavut Land Claims Agreement Act — N-28.7
WHEREAS the Inuit of the Nunavut Settlement Area have ratified the Agreement in accordance with the provisions of the Agreement;
Nunavut Land Claims Agreement Act — N-28.7
AND WHEREAS the ratification by Her Majesty under Article 36 of the Agreement requires the enactment by Parliament of a statute ratifying the Agreement;
Nunavut Land Claims Agreement Act — N-28.7
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Nunavut Land Claims Agreement Act — N-28.7 1
Short title 1 This Act may be cited as the Nunavut Land Claims Agreement Act .
Nunavut Land Claims Agreement Act — N-28.7 2
Definitions 2 In this Act, Agreement means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada, signed on May 25, 1993, and tabled in the House of Commons for the Minister of Indian Affairs and Northern Development on May 26, 1993, and includes any amendments to that agreement made pursuant to the agreement; ( Accord ) Nunavut Settlement Area means the area described in section 3.1.1 of the Agreement. ( région du Nunavut )
Nunavut Land Claims Agreement Act — N-28.7
Agreement means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada, signed on May 25, 1993, and tabled in the House of Commons for the Minister of Indian Affairs and Northern Development on May 26, 1993, and includes any amendments to that agreement made pursuant to the agreement; ( Accord )
Nunavut Land Claims Agreement Act — N-28.7
Nunavut Settlement Area means the area described in section 3.1.1 of the Agreement. ( région du Nunavut )
Nunavut Land Claims Agreement Act — N-28.7 3
Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province.