GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Nunavut Act — N-28.6 27
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. Restriction (2) The aggregate of all borrowings must not exceed the maximum amount set under subsection (4). 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. 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 respecting (a) what constitutes, or is deemed to constitute, borrowing; (b) the entities, or classes of entities, whose borrowings must be taken into account; and (c) the manner in which the value of a borrowing is determined. 1993, c. 28, s. 27; 2012, c. 19, s. 215
Nunavut Act — N-28.6 28
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. 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.
Nunavut Act — N-28.6 29
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comes into force, the ordinances of the Northwest Territories and the laws made under them that have been made, and not repealed, before that day are duplicated to the extent that they can apply in relation to Nunavut, with any modifications that the circumstances require.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-application — 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. 1993, c. 28, s. 29; 1998, c. 15, s. 4
Nunavut Act — N-28.6 29.1
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. 1998, c. 15, s. 4
Nunavut Act — N-28.6 30
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. 1993, c. 28, s. 30; 1998, c. 15, s. 4
Nunavut Act — N-28.6 31
Superior courts 31 (1) The Nunavut Court of Justice and the Court of Appeal of Nunavut are established as superior courts that have and may exercise in relation to Nunavut all the powers and jurisdiction that the Supreme Court of the Northwest Territories and the Court of Appeal of the Northwest Territories, respectively, had immediately before the day that section 3 comes into force. Administration 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. 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. 1993, c. 28, s. 31; 1998, c. 15, s. 5; 1999, c. 3, s. 2
Nunavut Act — N-28.6 32
Ex officio judges 32 A judge, other than a deputy judge, of the Supreme Court of Yukon and of the Supreme Court of the Northwest Territories is ex officio a judge of the Nunavut Court of Justice. 1993, c. 28, s. 32; 1999, c. 3, s. 3; 2002, c. 7, s. 222
Nunavut Act — N-28.6 33
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 Nunavut Court of Justice and may fix that person’s 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 may be removed by the Governor in Council on address of the Senate and House of Commons. 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 Nunavut Court of Justice is deemed to include a reference to the deputy judge. 1993, c. 28, s. 33; 1999, c. 3, s. 4
Nunavut Act — N-28.6 34
Exercise of powers 34 (1) If a law in force in Nunavut provides that a power, duty or function is to be exercised or performed by a provincial court judge, a stipendiary magistrate or a justice of the peace, the power, duty or function may be exercised or performed by a judge of the Nunavut Court of Justice. Status when exercising power (2) For greater certainty, a power, duty or function exercised or performed under subsection (1) by a judge of the Nunavut Court of Justice is exercised or performed by that judge as a judge of a superior court. 1993, c. 28, s. 34; 1999, c. 3, s. 5
Nunavut Act — N-28.6 35
Jurisdiction to try criminal cases 35 (1) A judge of the Nunavut Court of Justice has and may exercise and perform, anywhere in Canada, all the powers, duties and functions of the Court with respect to any criminal offence committed or charged to have been committed in Nunavut. 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. 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. 1993, c. 28, s. 35; 1999, c. 3, s. 6
Nunavut Act — N-28.6 36
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. 1993, c. 28, s. 36; 1998, c. 15, s. 6
Nunavut Act — N-28.6 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.
Nunavut Act — N-28.6 38
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. 1993, c. 28, s. 38; 1998, c. 15, s. 7
Nunavut Act — N-28.6 39
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. 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.
Nunavut Act — N-28.6 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.
Nunavut Act — N-28.6 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.
Nunavut Act — N-28.6 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.
Nunavut Act — N-28.6 43
Auditor of Nunavut 43 The Auditor General of Canada shall act as the auditor of Nunavut.
Nunavut Act — N-28.6 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.
Nunavut Act — N-28.6 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 Chartered Professional Accountants of Canada 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) 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. 1993, c. 28, s. 45; 1998, c. 15, s. 8; 2017, c. 26, s. 62
Nunavut Act — N-28.6 46
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 Chartered Professional Accountants of Canada 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. 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. 1993, c. 28, s. 46; 2017, c. 26, s. 62
Nunavut Act — N-28.6 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.
Nunavut Act — N-28.6 48
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. 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.
Nunavut Act — N-28.6 49
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. 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. 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). 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. 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. 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 .
Nunavut Act — N-28.6 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.
Nunavut Act — N-28.6 50.1
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. 1998, c. 15, s. 9
Nunavut Act — N-28.6 51
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. Offence (2) Every person who contravenes any regulation made under subsection (1) is guilty of an offence punishable on summary conviction.
Nunavut Act — N-28.6 52
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. 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.
Nunavut Act — N-28.6 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.
Nunavut Act — N-28.6 71
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. Directions (2) The Interim Commissioner shall act in accordance with any written directions given to the Interim Commissioner by the Minister. 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. 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). 1993, c. 28, s. 71; 1998, c. 15, s. 11
Nunavut Act — N-28.6 72
Powers generally 72 (1) The Interim Commissioner may (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; (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; (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; (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. Agreements binding (2) Agreements entered into pursuant to paragraph (1)(a) are binding on the Government of Nunavut. 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. Alteration, etc. of systems (3) The Government of Nunavut may alter, revoke or replace any system or process established pursuant to paragraph (1)(c). 1993, c. 28, s. 72; 1998, c. 15, s. 12
Nunavut Act — N-28.6 73.1
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. 1998, c. 15, s. 14