Northwest Territories Act (S.C. 2014, c. 2, s. 2)

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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the Commissioner in Council, as amended on June 26, 1986 or by an Act referred to in section 33 — must not be amended, repealed or rendered inoperable by the Legislature without the concurrence of Parliament by way of an amendment to this Act.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Consolidated Revenue Fund of the Northwest Territories

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Public Accounts of the Northwest Territories

Marginal note: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.

Marginal note: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.

Marginal note: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).

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Administration of Justice

Judicature

Marginal note:Appointment of judges

44 The Governor in Council must appoint the judges of any superior, district or county courts in the Northwest Territories.

Marginal note: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.

Supreme Court of the Northwest Territories

Marginal note: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.

Marginal note: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.

• Marginal note:Duration of appointment

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

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Court of Appeal of the Northwest Territories

Marginal note: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.

Public Lands and Waters

Administration and Control

Marginal note: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.

• Marginal note: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.

• Marginal note: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.