Northwest Territories Act

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Sections343

• 1Short title

  This Act may be cited as the Northwest Territories Act.

• 2Definitions

  The following definitions apply in this Act.

• 2[p2]

  Aboriginal party means an Aboriginal organization that is a party to the Agreement. (partie autochtone)

• 2[p3]

  Agreement means the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013, as amended from time to time. (accord)

• 2[p4]

  federal appurtenant undertaking means an undertaking in relation to which a use of waters or a deposit of waste is permitted by a licence and that is

• 2[p4](a)

  related to remediation that is performed by or on behalf of Her Majesty in right of Canada

• 2[p4](a)(i)

  under the Agreement, or

• 2[p4](a)(ii)

  in respect of an Excepted Waste Site as defined in section 1.1 of the Agreement; or

• 2[p4](b)

  located on public lands that are under the administration of a federal minister. (entreprise fédérale en cause)

• 2[p9]

  former Act means the Northwest Territories Act, chapter N-27 of the Revised Statutes of Canada, 1985. (ancienne loi)

• 2[p10]

  gas means natural gas — including coal-bed methane — and all substances other than oil that are produced in association with natural gas. (gaz)

• 2[p11]

  Gwich’in Agreement means the Agreement as defined in section 2 of the Gwich’in Land Claim Settlement Act. (accord gwichin)

• 2[p12]

  Inuvialuit Final Agreement means the Agreement as defined in section 2 of the Western Arctic (Inuvialuit) Claims Settlement Act. (Convention définitive des Inuvialuits)

• 2[p13]

  line of delimitation means the Line of Delimitation that is described in Schedule 18 to the Agreement. (ligne de démarcation)

• 2[p14]

  minerals means precious or base metals or other non-living naturally occurring substances — including coal, but not including oil, gas or water — that are, or were before their production, part of the land, whether solid, liquid or gaseous. (ressources minérales)

• 2[p15]

  Minister means the Minister of Northern Affairs. (ministre)

• 2[p16]

  Northwest Territories means that part of Canada that is north of the 60th parallel of north latitude, west of the boundary described in Schedule I to the Nunavut Act and not within Yukon. (Territoires du Nord-Ouest)

• 2[p17]

  oil means

• 2[p17](a)

  crude petroleum — regardless of gravity — that is produced at a well-head in liquid form; or

• 2[p17](b)

  any other hydrocarbons — except coal and gas — including hydrocarbons that may be extracted or recovered from surface or subsurface deposits, including deposits of oil sand, bitumen, bituminous sand or oil shale and other types of deposits. (pétrole)

• 2[p20]

  onshore means that part of Canada that is north of the 60th parallel of north latitude, west of the boundary described in Schedule I to the Nunavut Act and not within Yukon that consists of the following lands: It does not include lands that lie seaward of the line of delimitation, other than those lands — including lands under water — that lie landward of the low-water line of the sea coast of those naturally occurring permanent islands and those lands under water that are within small enclosed bays along the sea coast of those islands. (région intracôtière)

• 2[p20](a)

  lands, including lands under water, that lie landward of the low-water line — or in respect of Inuvialuit lands as defined in section 2 of the Inuvialuit Final Agreement, landward of the mean or ordinary high-water mark — of the sea coast of the mainland or of the sea coast of any naturally occurring permanent island;

• 2[p20](b)

  lands under water that are within small enclosed bays along the sea coast of the mainland or the sea coast of any naturally occurring permanent island; and

• 2[p20](c)

  lands, including lands under water, that lie landward of the line of delimitation and seaward of the low-water line — or in respect of lands that are contiguous with the sea coast of Inuvialuit lands as defined in section 2 of the Inuvialuit Final Agreement, seaward of the mean or ordinary high-water mark — of the sea coast of the mainland.

• 2[p24]

  public lands means

• 2[p24](a)

  lands — including minerals, oil, gas, timber or wood and buildings, structures, improvements or other fixtures — that are situated in the onshore and that belong to Her Majesty in right of Canada; or

• 2[p24](b)

  interests — in lands that are situated in the onshore — that belong to Her Majesty in right of Canada. (terres domaniales)

• 2[p27]

  Sahtu Agreement means the Agreement as defined in section 2 of the Sahtu Dene and Metis Land Claim Settlement Act. (accord du Sahtu)

• 2[p28]

  self-government agreement means an agreement between Her Majesty in right of Canada and an Aboriginal people of the Northwest Territories that is implemented by an Act of Parliament and that recognizes

• 2[p28](a)

  the legal status and capacity of a governing body to represent that Aboriginal people; and

• 2[p28](b)

  the authority of that governing body to enact laws. (accord sur l’autonomie gouvernementale)

• 2[p31]

  settlement agreement means an agreement that is listed in Schedule 1 to the Agreement. (entente de règlement)

• 2[p32]

  settlement lands means lands in the Northwest Territories whose title is vested in an Aboriginal organization under a settlement agreement. (terres visées par un règlement)

• 2[p33]

  small enclosed bay means any coastal indentation that meets the following conditions:

• 2[p33](a)

  the distance of a straight line across the entrance of the indentation at the low-water line measures four kilometres or less; and

• 2[p33](b)

  the area of the indentation, including any islands or parts of islands lying within the indentation, is greater than that of a semicircle whose diameter is the distance of the straight line referred to in paragraph (a). (petite baie fermée)

• 2[p36]

  Tlicho Agreement means the Agreement as defined in section 2 of the Tlicho Land Claims and Self-Government Act. (accord tlicho)

• 2[p37]

  waters means any inland waters — whether in a liquid or frozen state — that are on or below the surface of lands that are situated in the onshore. (eaux)

• 3Consultation

  Wherever in this Act a reference is made, in relation to any matter, to a duty to consult, that duty must be exercised

• 3(a)

  by providing the person to be consulted with the following:

• 3(a)(i)

  notice of the matter in sufficient form and detail to allow the person to prepare their views on the matter,

• 3(a)(ii)

  a reasonable period for the person to prepare those views, and

• 3(a)(iii)

  an opportunity to present those views to the person having that duty; and

• 3(b)

  by considering, fully and impartially, any views so presented.

• 4Commissioner
• 4(1)

  A Commissioner of the Northwest Territories must be appointed by order of the Governor in Council.

• 4(2)Publication of order

  The order appointing the Commissioner must be published in the Canada Gazette.

• 4(3)Repealed

  [Repealed, 2014, c. 2, s. 2 “80”]

• 4(4)Repealed

  [Repealed, 2014, c. 2, s. 2 “80”]

• 5Deputy Commissioner
• 5(1)

  The Governor in Council may appoint a Deputy Commissioner to act as Commissioner during the Commissioner’s absence or inability or when that office is vacant.

• 5(2)Absence, inability or vacancy

  The Chief Justice of the Supreme Court of the Northwest Territories is authorized to act as Deputy Commissioner during the Deputy Commissioner’s absence or inability or when that office is vacant.

• 6Oaths

  Before assuming office, the Commissioner and the Deputy Commissioner must take and subscribe the oath of office and the oath of allegiance prescribed by the Governor in Council.

• 7Salaries

  The salary of the Commissioner and of the Deputy Commissioner are to be fixed by the Governor in Council and paid out of the Consolidated Revenue Fund of Canada.

• 8Executive Council

  An Executive Council of the Northwest Territories is established, the members of which are to be appointed by the Commissioner.

• 9Seat of government

  The seat of the Government of the Northwest Territories is at Yellowknife or at another place in the Northwest Territories that is designated by the Legislature.

• 10Continuance

  The Council of the Northwest Territories established under the former Act is continued as the Legislative Assembly of the Northwest Territories. Each member of the Legislative Assembly is elected to represent an electoral district in the Northwest Territories.

• 11Duration
• 11(1)

  No Legislative Assembly is to continue for longer than five years after the day on which the writs are returned for a general election, but the Commissioner may dissolve it before then.

• 11(2)Writs

  Writs for the election of members of the Legislative Assembly are to be issued on the Commissioner’s instructions.

• 12Oaths

  Before assuming office, each member of the Legislative Assembly must take and subscribe before the Commissioner the oath of office prescribed by the Legislature of the Northwest Territories and the oath of allegiance set out in the Fifth Schedule to the Constitution Act, 1867.

• 13Sittings

  The Legislative Assembly must sit at least once every 12 months.

• 14Speaker
• 14(1)

  The Legislative Assembly must elect one member as Speaker to preside over the Legislative Assembly when it is sitting.

• 14(2)Speaker’s vote

  The Speaker may vote in the Legislative Assembly only in the case of a tie.

• 15Quorum

  A majority of the members of the Legislative Assembly, including the Speaker, constitutes a quorum.

• 16Rules

  The Legislative Assembly may make rules for its operations and procedures, except in relation to the subjects set out in paragraph 18(1)(b).

• 17Continuance

  The Commissioner in Council as defined in section 2 of the former Act is continued as the Legislature of the Northwest Territories; the Legislature consists of the Commissioner and the Legislative Assembly.

• 18Subjects
• 18(1)

  The Legislature may make laws in relation to the following subjects in respect of the Northwest Territories:

• 18(1)(a)

  the election of members of the Legislative Assembly, including the name and number of electoral districts and the qualifications of electors and candidates;

• 18(1)(b)

  the disqualification of persons from sitting or voting as members of the Legislative Assembly and the privileges, indemnities and expenses of those members;

• 18(1)(c)

  the Executive Council;

• 18(1)(d)

  the establishment and tenure of public offices and the appointment, conditions of employment and payment of office-holders;

• 18(1)(e)

  municipal and local institutions;

• 18(1)(f)

  direct taxation and licensing in order to raise revenue for territorial, municipal or local purposes;

• 18(1)(g)

  the levying of a tax on furs — or any other parts of fur-bearing animals — that are to be shipped or taken from the Northwest Territories to any place outside the Northwest Territories;

• 18(1)(h)

  the incorporation of companies with territorial objects, except railway — other than street railway —, steamship, air transport, telegraph and telephone companies;

• 18(1)(i)

  the solemnization of marriage;

• 18(1)(j)

  property and civil rights;

• 18(1)(k)

  the administration of justice, including the constitution, maintenance and organization of territorial courts — of both civil and criminal jurisdiction — and procedure in civil matters in those courts;

• 18(1)(l)

  the establishment, maintenance and management of prisons and other places of confinement;

• 18(1)(m)

  the conservation of wildlife and its habitat;

• 18(1)(n)

  waters — the rights in respect of which are under the administration and control of the Commissioner — including the disposition under subsection 52(3) of those rights, the deposit of waste in those waters and what constitutes waste;

• 18(1)(o)

  education, but any law respecting education must provide that

• 18(1)(o)(i)

  a majority of the ratepayers of any part of the Northwest Territories may establish any school in that part that they think fit and make the necessary assessment and collection of rates for it, and

• 18(1)(o)(ii)

  the minority of the ratepayers of that part of the Northwest Territories — whether Protestant or Roman Catholic — may establish separate schools in that part and, if they do so, are liable to assessments of only the rates that they impose on themselves in respect of those schools;

• 18(1)(p)

  immigration;

• 18(1)(q)

  those public lands that are under the administration and control of the Commissioner, including their disposition under subsection 51(1);

• 18(1)(r)

  intoxicants, including what constitutes an intoxicant;

• 18(1)(s)

  hospitals and charities;

• 18(1)(t)

  agriculture;

• 18(1)(u)

  the entering into of intergovernmental agreements by the Commissioner or any other official of the Government of the Northwest Territories;

• 18(1)(v)

  the expenditure of money for territorial purposes;

• 18(1)(w)

  the adoption and use of an official seal;

• 18(1)(x)

  generally, all matters of a merely local or private nature;

• 18(1)(y)

  the imposition of fines, penalties, imprisonment or other punishments in respect of a contravention of a provision of a law of the Legislature; and

• 18(1)(z)

  any other subject that may be designated by order of the Governor in Council.

• 18(2)Laws — intoxicants

  The Legislature may make laws relating to the importation of intoxicants into the Northwest Territories from another part of Canada or elsewhere and defining what constitutes an intoxicant for the purposes of those laws.

• 19Laws — natural resources
• 19(1)

  The Legislature may make laws in relation to the following subjects in respect of the onshore:

• 19(1)(a)

  exploration for non-renewable natural resources;

• 19(1)(b)

  the development, conservation and management of non-renewable natural resources and forestry resources, including the rate of primary production from those resources;

• 19(1)(c)

  oil and gas pipelines that are situated entirely in the onshore;

• 19(1)(d)

  the development, conservation and management of sites and facilities for the production of electrical energy; and

• 19(1)(e)

  the export, from the onshore to another part of Canada, of the primary production from non-renewable natural resources and forestry resources and of the electrical energy that is produced in the onshore.

• 19(2)Limitation — no discrimination

  A law that is made under paragraph (1)(e) is not to authorize or provide for discrimination in prices or in supplies that are exported.

• 19(3)Laws — taxation

  The Legislature may make laws in relation to the raising of money by any mode of taxation in respect of resources referred to in paragraph (1)(b) and the primary production from those resources and in respect of sites and facilities referred to in paragraph (1)(d) and the production of electrical energy from those sites and facilities. The Legislature may make those laws even if the production is exported.

• 19(4)Limitation — no differentiation

  A law that is made under subsection (3) is not to authorize or provide for taxation that differentiates between production that is exported and that which is not.

• 19(5)Definition of primary production

  In this section, primary production means

• 19(5)(a)

  production from a non-renewable natural resource if

• 19(5)(a)(i)

  it is in the form in which the resource exists on its recovery or severance from its natural state, or

• 19(5)(a)(ii)

  it results from processing or refining the resource and is not

• 19(5)(a)(ii)(A)

  a manufactured product, or

• 19(5)(a)(ii)(B)

  a product that results from refining crude oil, refining upgraded heavy crude oil, refining gases or liquids derived from coal or refining a synthetic equivalent of crude oil; and

• 19(5)(b)

  production from a forestry resource if the product consists of sawlogs, poles, lumber, wood chips, sawdust or any other primary wood product — or of wood pulp — and is not manufactured from wood.

• 19(6)No derogation

  Nothing in subsections (1) to (5) derogates from any powers that the Legislature has under this Act.

• 20Laws — access to lands and waters

  The Legislature may make laws in relation to access to the public lands that are under the administration of a federal minister and to the waters overlying those lands, including the compensation that is to be paid in respect of that access.

• 21Roads on Tlicho lands

  Laws of the Legislature that are made in relation to public highways apply to roads identified in the Tlicho Agreement — as if they were on public lands — if the Tlicho Agreement provides that those laws apply to those roads.

• 22Unitization of straddling resources
• 22(1)

  Despite sections 18 and 19, the Legislature must not amend a law of the Legislature without the consent of the Governor in Council if the law as amended would

• 22(1)(a)

  affect the unitization of those straddling resources that are referred to in the Agreement for Coordination and Cooperation in the Management and Administration of Petroleum Resources in the Inuvialuit Settlement Region that was made on June 25, 2013, as amended from time to time; or

• 22(1)(b)

  limit how that agreement applies to or is implemented by the Government of the Northwest Territories.

• 22(2)Canadian Energy Regulator

  Despite sections 18 and 19, during the period of 20 years beginning on the day on which section 1 comes into force, the Legislature must not amend a law of the Legislature without the consent of the Governor in Council if the law as amended would affect the regulatory functions of the Canadian Energy Regulator in that part of the Inuvialuit Settlement Region — as defined in section 2 of the Inuvialuit Final Agreement — that is situated in the onshore.

• 23Federal appurtenant undertakings

  Only a federal minister may, in relation to a federal appurtenant undertaking, exercise the following powers and functions under a law of the Legislature:

• 23(a)

  approve the issuance, renewal or amendment of a licence permitting the use of waters or the deposit of waste in waters;

• 23(b)

  consent to a declaration by a water board that an amendment to such a licence — as a result of which the use, flow or quality of waters would be altered — is required on an emergency basis;

• 23(c)

  approve the form of any security posted in respect of such a licence;

• 23(d)

  hold and apply the security;

• 23(e)

  exercise powers that are substantially the same as those set out in section 39 of the Northwest Territories Waters Act, as it read immediately before the coming into force of section 1;

• 23(f)

  issue policy directions to a water board that may issue, renew or amend such a licence; and

• 23(g)

  designate inspectors and grant them powers that are substantially the same as those set out in section 37 or 44.02 of the Northwest Territories Waters Act, as they read immediately before the coming into force of section 1.

• 24Composition of water board

  For every five members who are appointed to a water board that may — under a law of the Legislature — issue, renew or amend a licence permitting the use of waters or the deposit of waste in waters, one must be nominated by a federal minister.

• 25Restrictions on powers
• 25(1)

  Nothing in subsection 18(1) or section 19 must be construed as giving the Legislature greater powers than are given to legislatures of provinces under sections 92, 92A and 95 of the Constitution Act, 1867.

• 25(2)Water power

  Despite subsection 18(1) and sections 19 and 20, the Legislature must not make laws in respect of the right to the use and flow of waters for the production or generation of water power to which the Dominion Water Power Act applies.

• 26Agreement implementation Acts

  Despite subsection 25(1), the Legislature may, in exercising its powers under sections 18 and 19 for the purpose of implementing an Aboriginal land claim agreement or a self-government agreement, make laws that are in relation to the matters coming within class 24 of section 91 of the Constitution Act, 1867.

• 27Laws — conservation of wildlife

  Despite subsection 25(1), any law of the Legislature that is in relation to the conservation of wildlife applies, unless the contrary intention appears in it, to and in respect of Aboriginal people.

• 28Laws — borrowing, making loans and investing
• 28(1)

  The Legislature may make laws for the

• 28(1)(a)

  borrowing of money by the Commissioner on behalf of the Northwest Territories for territorial, municipal or local purposes;

• 28(1)(b)

  making of loans to persons; and

• 28(1)(c)

  investing by the Commissioner of surplus money standing to the credit of the Consolidated Revenue Fund of the Northwest Territories.

• 28(2)Restriction

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

• 28(3)Charge on Consolidated Revenue Fund

  The repayment of money borrowed under a law made under paragraph (1)(a) — and the payment of interest on that money — is a charge on and is payable out of the Consolidated Revenue Fund of the Northwest Territories.

• 28(4)Maximum amount — borrowings

  The Governor in Council may, on the recommendation of the Minister of Finance, set the maximum amount of the aggregate of all borrowings.

• 28(5)Regulations

  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

• 28(5)(a)

  respecting what constitutes, or is deemed to constitute, borrowing;

• 28(5)(b)

  respecting the entities, or classes of entities, whose borrowings are to be taken into account; and

• 28(5)(c)

  respecting the manner in which the value of a borrowing must be determined.

• 29Withholding 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.

• 29(2)Assent of Governor in Council

  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.

• 30Transmittal 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.

• 30(2)Disallowance

  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.

• 31Conflicting laws

  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.

• 32Official 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.

• 32(2)Additional rights and services

  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.

• 33Amendments 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.

• 33(2)March 12, 1992

  Parliament concurs in An Act to amend the Official Languages Act, made on March 12, 1992 by the Commissioner in Council.

• 34Establishment
• 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.

• 34(2)Establishment of bank accounts

  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

• 34(2)(a)

  banks as defined in section 2 of the Bank Act; or

• 34(2)(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.

• 35Recommendation of Commissioner

  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.

• 36Appropriation of moneys granted by Parliament

  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.

• 37Fiscal year

  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.

• 38Submission to Legislative Assembly

  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.

• 39Form and contents

  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

• 39(a)

  consolidated financial statements for the Government of the Northwest Territories, prepared in accordance with Canadian public sector accounting standards;

• 39(b)

  any other information or statements that are required in support of those consolidated financial statements under any law of the Legislature; and

• 39(c)

  the opinion of the Auditor General of Canada that is referred to in subsection 40(1).

• 40Annual 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

• 40(1)(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

• 40(1)(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.

• 40(2)Report

  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.

• 41Supplementary report

  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

• 41(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;

• 41(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;

• 41(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

• 41(d)

  satisfactory procedures have not been established to measure and report the effectiveness of programs, if such procedures could appropriately and reasonably be implemented.

• 42Report at Commissioner’s request

  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

• 42(a)

  matter relating to the financial affairs of the Government of the Northwest Territories or to public property in the Northwest Territories; or

• 42(b)

  person or organization that has received or is seeking financial aid from the Government of the Northwest Territories.

• 43Auditor 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.

• 43(2)Access to information

  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.

• 44Appointment of judges

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

• 45Tenure of judges

  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.

• 46Judges

  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.

• 47Deputy 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.

• 47(2)Duration of appointment

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

• 47(3)Tenure of office

  A deputy judge holds office during good behaviour but is removable by the Governor General on address of the Senate and House of Commons.

• 47(4)Powers

  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.