Nunavut Act (S.C. 1993, c. 28)

Marginal note: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.

• Marginal note:Restriction

  (2) The aggregate of all borrowings must not exceed the maximum amount set under subsection (4).

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Laws Applicable in Nunavut

Marginal note: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comes into force, the ordinances of the Northwest Territories and the laws made under them that have been made, and not repealed, before that day are duplicated to the extent that they can apply in relation to Nunavut, with any modifications that the circumstances require.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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Judicial Power

Judicature

Marginal note: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.

• Marginal note:Administration of justice

  (1.1) Subsection (1) does not limit the powers conferred on the Legislature by paragraph 23(1)(e).

• Marginal note: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.

• Marginal note: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.

Nunavut Court of Justice

Marginal note: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.

Marginal note: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.

• 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 may be removed by the Governor in Council on address of the Senate and House of Commons.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Court of Appeal of Nunavut

Marginal note: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.

Repeal

Marginal note: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.

PART IIGeneral

Official Languages

Marginal note: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.

Nunavut Consolidated Revenue Fund

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Territorial Accounts

Marginal note: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.