Nunavut Act — N-28.6 73
Agreements 73 (1) The Interim Commissioner may, with the approval of the Governor in Council, enter into agreements (a) with the Government of Canada in respect of federal government programs or other federal responsibilities in relation to Nunavut, including the supply of goods or services; (a.1) with the Government of Canada, the Government of the Northwest Territories, the government of a province or any person in respect of programs or other responsibilities of the Government of Nunavut, including the supply of goods or services; (b) with the Government of Canada or the Northwest Territories for funding in respect of Nunavut; (c) with the Government of the Northwest Territories for the division of its assets and liabilities between Nunavut and the Northwest Territories, including rights and obligations arising under a contract entered into by the Government of the Northwest Territories; and (d) with the Government of the Northwest Territories for the transfer, despite any law or any contractual restriction, of information in its possession to the Government of Nunavut. Tabling of agreement (1.1) The Commissioner shall cause to be laid before the Legislative Assembly of Nunavut any agreement entered into under subsection (1). Agreements binding (2) Subject to subsections (3) and (4), agreements entered into pursuant to this section are binding on the Government of Nunavut. Exemption — no approval (2.1) The approval of the Governor in Council is not required for the Interim Commissioner to enter into an agreement under paragraph (1)(a) or (a.1) if the maximum total amount that the Government of Nunavut must pay under the agreement, including any renewal of the agreement under its terms to which the other party is entitled, is less than the greater of (a) $400,000, and (b) any other amount that the Governor in Council may, by order, prescribe for those agreements or any category of them. Termination of agreements (3) The Government of Nunavut may, by giving notice in writing, terminate any agreement entered into with a government under paragraph (1)(a) or (a.1) at the end of the fiscal year following that in which the notice is given. 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. Consent of affected third party (5) An agreement entered into under paragraph (1)(c) may affect the rights or obligations of a party that has entered into a contract with the Government of the Northwest Territories only if, before the agreement is entered into, the party consents to being so affected. Exception — assignment (6) Despite subsection (5), an agreement entered into under paragraph (1)(c) may assign to the Government of Nunavut any right or obligation of the Government of the Northwest Territories arising under a contract entered into by it with a party that is not a government even if the contract does not allow for, or the party does not consent to, the assignment. The assignment binds the party but, unless the contract allows for the assignment or the party consents to it, the agreement must provide for compensation to the party for costs or losses, if any, arising from the assignment. Transfer of Information (7) The possession and use, by the Government of Nunavut, of information transferred under an agreement entered into under paragraph (1)(d) shall be subject to (a) the conditions contained in any contract entered into by the Government of the Northwest Territories that apply to the possession and use of the information, as if the Government of Nunavut were a party to the contract; (b) the conditions contained in any federal law that apply to the possession and use, by the Government of the Northwest Territories, of the information; and (c) all laws of the Legislature that apply to the possession and use of the information. 1993, c. 28, s. 73; 1998, c. 15, s. 13