Encyclopedia of Canadian Laws

Constitution Act, 1999

Constitution Act, 1999 (Nunavut)

[Extracts of An Act to amend the Nunavut Act and the Constitution Act, 1867]

46-47 Elizabeth II, 1997-98, c. 15 (Canada)

[Assented to 13th June 1998.]

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

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PART II

CONSTITUTION ACT, 1867

43. (1) The number of Senators provided for in section 21 of the Constitution Act, 1867, as amended, is increased from one hundred and four to one hundred and five.

(2) The maximum number of Senators referred to in section 28 of that Act is increased from one hundred and twelve to one hundred and thirteen.

(3) The Yukon Territory, the Northwest Territories and Nunavut are entitled to be represented in the Senate by one member each.

44. For the purposes of this Part, the word “Province” in section 23 of the Constitution Act, 1867, has the same meaning as is assigned to the word “province” by section 35 of the Interpretation Act.

45. The member of the Senate who represents the Northwest Territories immediately before the day that section 3 of the Nunavut Act comes into force shall, on and after that day, continue as the member of the Senate who represents one of the following:

(a) Nunavut, if the member resides in the part of the Northwest Territories referred to in section 3 of that Act immediately before that day; or
(b) the Northwest Territories, in any other case.

46. Subsection 51(2) of the Constitution Act, 1867, as enacted by the Constitution Act (No. 1), 1975, is replaced by the following:

(2) The Yukon Territory as bounded and described in the schedule to chapter Y-2 of the Revised Statutes of Canada, 1985, shall be entitled to one member, the Northwest Territories as bounded and described in section 2 of chapter N-27 of the Revised Statutes of Canada, 1985, as amended by section 77 of chapter 28 of the Statutes of Canada, 1993, shall be entitled to one member, and Nunavut as bounded and described in section 3 of chapter 28 of the Statutes of Canada, 1993, shall be entitled to one member.
47. This Part may be cited as the Constitution Act, 1999 (Nunavut), and a reference to the Constitution Acts, 1867 to 1982 is deemed to include a reference to the Constitution Act, 1999 (Nunavut).

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Coming into Force

52. (1) Despite section 79 of the Nunavut Act, section 2 of that Act, as amended by section 1 of this Act, section 50.1 of that Act, as enacted by section 9 of this Act, and sections 76.01 to 76.07 and 76.09 of that Act, as enacted by section 16 of this Act, come into force on the day that this Act is assented to.

(2) Part 2 comes into force on the day that section 3 of the Nunavut Act comes into force.