Hamlets Act

(1) For the purposes of this Act, "long-term financial commitment" means

(2) A lease or an agreement to purchase is not to be considered to be a long-term financial commitment under subsection (1) if the payments made under the lease or agreement are nominal or are not made from the general revenues of the hamlet.

(1) The general legislative powers of a hamlet to make bylaws are to be interpreted as giving broad authority to council to govern the municipality in whatever way council considers appropriate, within the jurisdiction given to a hamlet under this or any other enactment, and to address issues not contemplated at the time this Act is enacted.

(2) The power to make a specific bylaw under any other enactment is to be interpreted as giving supplementary authority to council to govern in accordance with the general legislative powers of a hamlet under this Act.

(1) The Minister may, on his or her own initiative or at the request of at least 25 residents who, on the date of the request, would otherwise be eligible under section 17 of the Local Authorities Elections Act, to vote in an election, cause public notice to be given in the area of the proposed municipality that the Minister intends to establish a hamlet in that place.

(2) The public notice must state the proposed

(3) The public notice must be given at least 90 days before the date of incorporation.

(1) Any resident of the proposed municipality may, by writing to the Minister, object to the establishment of the proposed hamlet.

(2) In order to be considered, an objection referred to in subsection (1) must be received by the Minister within 90 days after the giving of public notice of the intention to establish a hamlet.

(1) After giving public notice of the intention to establish a hamlet and considering any objection made under section 6, the Minister may, by order, establish a hamlet.

(2) The order establishing a hamlet must

(1) Council may request the Minister to change the name of the hamlet.

(2) The Minister, on the recommendation of the Executive Council, may, by order, change the name of a hamlet and provide for any transitional matters that may be necessary.

(3) The change of name of a hamlet does not affect any of its employees, bylaws, resolutions, assets, liabilities, rights, duties, obligations or functions.

(1) The Minister may, on his or her own initiative or at the request of council, by order,

(2) At least 180 days before making an order under subsection (1), the Minister shall cause public notice to be given of the intention of the Minister to change the status of the charter community, village, town or city to a hamlet.

(3) If the status of a charter community is being changed to a hamlet and the community charter is being revoked, the order is subject to the same conditions as an order establishing a charter community under the Charter Communities Act.

(4) If the status of a city, town or village is being changed,

(1) The change in status of a charter community, village, town or city does not affect any of its employees, bylaws, resolutions, assets, liabilities, rights, duties, obligations or functions.

(2) When a charter community, village, town or city changes its status to a hamlet, the mayor and councillors continue in office until their successors take office.

(1) Council may request the Minister to vary the boundaries of the municipality.

(2) The Minister, on the recommendation of the Executive Council, may, by order, vary the boundaries of a municipality and provide for any transitional matters that may be necessary.

(3) If the boundaries of a municipality are varied, all bylaws apply to the municipality as varied from the date the order made under subsection (2) takes effect.

(1) The powers and duties of a hamlet shall be exercised and performed by council, unless otherwise provided in this Act.

(2) Council is responsible for

(1) Council may perform its functions by either resolution or bylaw, unless required by this or any other enactment to act by bylaw.

(2) Subject to this Act, council may, by bylaw, delegate any of its powers, duties or functions under this or any other enactment to

(3) Council may not delegate

(1) Subject to this section, a council is composed of a mayor and eight elected councillors.

(2) On the request of a council, the Minister may, by order, vary the number of elected council members who comprise council.

(3) An order made under subsection (2)

(1) Council may appoint a person with the title “youth member” to sit with council and to participate in its deliberations, for a term and on conditions that council may decide.

(2) A youth member must be less than 18 years of age.

(3) A youth member is not a council member and may not be counted for the purpose of determining a quorum or deciding a vote of council.

(1) Subject to this Act, the mayor and councillors hold office for two years, unless council,

(2) The term of office for council members

SNWT 2011,c.7,Sch.C,s.2.

(1) Council may stagger the terms of office of councillors by providing, by bylaw, that councillors elected at the next general election hold office as follows:

(2) For the purposes of paragraph (1)(a), if half of the successful candidates who receive the highest number of votes is a fraction, the number shall be rounded up to the nearest whole number.

(3) A bylaw made under this section applies to any general election in which the election day is more than 180 days after the day the bylaw is made.

(4) A bylaw made under this section may not be repealed until at least two general elections have been held since the bylaw was made, unless the Minister approves an earlier repeal.

(5) A hamlet may, when repealing a bylaw that staggers the terms of office of the council members, provide that the terms of office of all council members expire at the general election following the repeal of the bylaw.

(1) A council member who, after taking office, ceases to be eligible to be a candidate for his or her office shall vacate that office and cease to be a council member.

(2) If a council member referred to in subsection (1) does not vacate his or her office immediately, council shall, by resolution, declare that office vacant.

(3) Any person may, within five days after the making of a resolution under subsection (2), apply, by originating notice, to the Supreme Court for judicial review of the declaration.

(1) A quorum for a council is a majority of the council members then holding office.

(2) A by-election must be held as soon as is practicable to fill the vacancies on council if the number of council members holding office is less than or equal to a bare majority of the number of council members who comprise council.

(3) A by-election shall be held at the call of the mayor, or the senior administrative officer if there is no mayor.

(1) Subject to this section, all meetings of council and its committees shall be held in public.

(2) A member of the public may only be excluded from a meeting of a council or one of its committees for improper conduct.

(3) Council or a committee of council may, by resolution approved by at least 2/3 of the council members present, authorize its meeting to be closed to the public if it decides to discuss any of the following:

(4) Council has no power to make a bylaw or a resolution at a meeting that is closed to the public, other than a resolution to

(5) Council shall make a public record of any meeting that is closed to the public, specifying at a minimum

(1) Council may conduct a meeting using an electronic means of communication if it enables the council members to hear and speak to each other, and allows the public to hear the members.

(2) Council members participating in a meeting in the manner referred to in subsection (1) are deemed to be present at the meeting.

(3) Only council members who, at the time of the meeting, are outside the municipality or are physically unable to attend the meeting, may participate in the manner described in subsection (1).

(1) The first meeting of council following a general election must be held not later than 45 days after the election day at the time and place that the mayor designates.

(2) Council shall hold at least one regular meeting each month at the time and place that council fixes by resolution.

(1) Council shall ensure that public notice of the time and place of each regular council meeting is given at least three days in advance.

(2) Council may meet the requirement in subsection (1) by giving public notice of a schedule of regular meetings at least once each year.

(3) An agenda for each regular council meeting shall be made available to the public at least three days in advance of the meeting.

(1) The senior administrative officer shall call a special council meeting if requested to do so in writing by the mayor or by two councillors.

(2) The senior administrative officer shall, at least 48 hours in advance, give each council member notice of the time and place of the special meeting and the nature of the business to be transacted, and shall at the same time give public notice of that information.

(3) Council may not transact any business at a special meeting other than that specified in the notice of the special meeting, unless all council members are present and they all agree.

(1) Any council member may call an emergency council meeting if he or she considers that an emergency exists or may soon exist in the municipality.

(2) The council member calling the meeting or the senior administrative officer shall

(3) Those council members attending an emergency council meeting constitute a quorum.

(4) Council may, at an emergency meeting, make a declaration of a state of local emergency relating to all or any part of the municipality in accordance with the Emergency Management Act, and may only transact business relating to the emergency. SNWT 2018,c.17,s.31.

(1) Subject to this Act, a resolution or bylaw is not valid unless a majority of the council members present and voting at a duly constituted meeting of council vote in favour of it.

(2) A resolution or bylaw validly made by a duly constituted council is not invalid by reason only that

(1) The senior administrative officer shall make a written record of the minutes of the proceedings of all meetings of council and its committees and shall certify them as correct.

(2) The senior administrative officer shall record in the minutes the name of each council member and how that council member voted if

(3) Council shall, after correcting any errors, adopt the certified record of its minutes, after which the mayor or other presiding council member shall sign them.

(1) The bylaws and the minutes of all meetings of council and its committees must be open for public inspection once the bylaws are made or the minutes are adopted by council.

(2) Any person may receive copies of all or any part of the bylaws or the minutes of a meeting of council on payment of a fee determined by bylaw.

(1) Council may adopt a code of ethics for council members.

(2) A code of ethics may provide that council, by a 2/3 majority, may publicly censure or remove from a meeting any council member who it determines has breached the code of ethics.

(1) A councillor has one vote at a meeting of council or a committee of council.

(2) Council shall, in the bylaw referred to in section 31, specify whether the mayor or other presiding council member has

(2.1) Where the mayor or other presiding council member has the same right to vote as a councillor, either generally or only in specific circumstances as referred to in paragraph (2)(b), a vote that results in a tie is defeated.

(3) Unless otherwise specified in the bylaw referred to in section 31, an abstention by a council member does not count as a vote. SNWT 2011,c.7, Sch.C,s. 3.

(1) The mayor shall, in addition to his or her general duties as a council member,

(2) The mayor is, by virtue of his or her office, a member of all committees of council, and possesses all the rights, privileges, powers and duties of that membership.

(1) Council, on the recommendation of the mayor, may appoint a councillor to be the deputy mayor.

(2) The deputy mayor

(1) When both the mayor and the deputy mayor are absent or unable to act, council may appoint a councillor to be the acting mayor.

(2) The acting mayor has the same powers and duties as the deputy mayor.

(1) Council shall, by bylaw, appoint a senior administrative officer.

(2) The senior administrative officer is an employee of the hamlet.

(3) Council may give the senior administrative officer another title for the purposes of the hamlet.

(1) Council may, by bylaw, appoint officers in addition to the senior administrative officer, and may authorize them to perform

(2) Council may appoint employees to act on behalf of any officer who is absent or unable to act.

(1) Council may not appoint as an officer any person who has a direct or indirect interest in a contract with the hamlet.

(2) No officer shall have any direct or indirect interest in a contract with the hamlet.

(3) An officer who acquires an interest in a contract with the hamlet may be dismissed without notice and without compensation.

(4) This section does not apply to

(1) The following persons must be bonded in the amount, for the risks and with the surety that council directs:

(2) The hamlet shall pay the costs of the bonding required by subsection (1).

(1) Subject to the direction of council, the senior administrative officer shall

(2) The senior administrative officer is responsible for

(3) The senior administrative officer may

(1) A hamlet may employ the persons it considers necessary to carry out its business and affairs.

(2) Council may, by bylaw, allow one person to hold two or more offices or positions.

(1) Council may, by bylaw,

(2) Council may, by bylaw,

(1) A hamlet is a municipal corporation.

(2) A hamlet has the capacity to exercise its rights and powers in accordance with this Act.

(1) A hamlet has the power to contract for a municipal purpose.

(2) The procedure for the making of contracts for and on behalf of the hamlet must be set out in a bylaw.

(1) A hamlet may, for a municipal purpose,

(2) A hamlet may, for a municipal purpose, acquire, construct, operate, repair, improve and maintain public works and improvements.

(3) A hamlet may not acquire real property unless

(4) For greater certainty, a hamlet may acquire the fee simple interest in any part of a parcel that is adjacent to or under a body of water within the municipality.

(5) For greater certainty, a hamlet may restore, establish and operate a quarry on

(6) For greater certainty, a hamlet may not acquire the fee simple interest in any mines or minerals, other than granular and other materials. SNWT 2011,c.22,s.85(2).

(1) No person shall dispose of any real property owned by the hamlet other than in accordance with this Act and the bylaws of the hamlet.

(2) A hamlet may only dispose of its real property if

(3) The Minister may, at the request of council, by order, exempt a hamlet from compliance with paragraph (2)(a) for such period of time and subject to such conditions as the Minister considers appropriate.

(1) A land administration bylaw must provide for the procedures and terms and conditions for making any acquisition, disposition or other activity referred to in subsections 55(1) and 56(1).

(2) Before giving third reading to a land administration bylaw, council shall

(1) No person shall dispose of any personal property owned by the hamlet other than in accordance with this Act and the bylaws of the hamlet.

(2) A hamlet may not dispose of its personal property unless

(3) Council may, by bylaw, provide procedures for the

(1) A hamlet may, for a municipal purpose, establish, deliver and operate services, public utilities and facilities.

(2) Subject to the Public Utilities Act, council shall, when exercising the powers referred to in subsection (1), by bylaw,

(3) A hamlet may enter into a municipal services agreement to provide services, public utilities and facilities to persons outside the municipality.

(1) Council may, by bylaw, establish a board or commission to administer or provide a service, public utility or facility as an agent of the hamlet.

(2) The bylaw referred to in subsection (1) may provide for

(3) The mayor is, by virtue of that office, a member of every board and commission established by the hamlet.

(4) A board or commission established by a hamlet must have at least one councillor as its member.

(5) The requirements with respect to meetings of council committees apply to meetings of boards or commissions established by a hamlet, unless otherwise provided for by bylaw.

(1) A hamlet may, if authorized by bylaw, enter into an agreement to allow another person to provide a service, public utility or facility as an agent of the hamlet.

(2) For greater certainty and subject to this Act, a hamlet may, in the agreement referred to in subsection (1),

(3) An agreement containing any of the provisions referred to in paragraphs (2)(d) and (e) must be approved by the Minister or must be authorized by the hamlet’s investment plan.

(4) An agreement made under this section must include a provision providing for the termination of the agreement.

(1) Council may, by bylaw, authorize the delegation to another government or entity of the authority and responsibility for administering and delivering any service or program on behalf of the hamlet.

(2) A hamlet may not delegate

(3) A hamlet may only delegate to a government or entity such authorities and responsibilities as it is legally capable of receiving.

(1) Council may, by bylaw, authorize the hamlet to act as the delegate of another government or entity and receive the delegation of

(2) A hamlet may act as a delegate both within and outside the boundaries of the municipality, if authorized by the other government or entity.

(3) A hamlet may not act as a delegate in respect of

(4) A hamlet may not act as a delegate of a government or entity if the hamlet is liable for any of the costs associated with the delegation.

(5) A hamlet does not have the authority to subdelegate the power to administer and deliver any service or program delegated to the hamlet by the delegation agreement, unless expressly authorized under the delegation agreement.

(6) If expressly authorized in a delegation agreement, council may, by bylaw,

(1) The terms and conditions of the delegation by or to a hamlet must be set out in a delegation agreement entered into by the hamlet with the other government or entity.

(2) A hamlet has, subject to the terms and conditions of a delegation agreement, the power to administer and deliver any service or program delegated to the hamlet by that agreement.

(3) A delegation agreement must include provisions

(4) An agreement similar in nature and purpose to a delegation agreement that was entered into before the coming into force of this section is deemed to be a delegation agreement that complies with this section.

(1) Council may, with the approval of the Minister or if authorized by the hamlet’s investment plan, establish a corporation or acquire or hold shares in a corporation for a municipal purpose.

(2) The corporation may be established or its shares may be acquired or held

(1) A hamlet may encourage economic development for a municipal purpose, including the establishment, expansion or continuation of a business or industry in the municipality, in any manner it considers appropriate.

(2) A hamlet shall not purchase shares or provide loans or guarantees to encourage economic development.

(3) For greater certainty, a hamlet may provide grants in accordance with section 125 to encourage economic development.

(4) A hamlet may enter into an agreement for the purposes of this section with

(1) In addition to any power to make bylaws in any other enactment, council may make bylaws for municipal purposes respecting

(2) The power of a hamlet to make bylaws is subject to all enactments of the Northwest Territories and Canada.

(3) The general powers to make a bylaw under this section are subject to any conditions on a power to make a specific bylaw set out elsewhere in this Act or in any other enactment.

(4) A bylaw that is inconsistent with an enactment of the Northwest Territories or Canada is of no effect to the extent of the inconsistency. SNWT 2011, c.22,s.85(3).

(1) Subject to subsection (2), a bylaw applies only inside the boundaries of the municipality.

(2) If approved by the Executive Council on the recommendation of the Minister, a bylaw that serves the residents of the municipality may apply outside the boundaries of a municipality, but within the Northwest Territories, in respect of

(1) Council may, by bylaw, amend or repeal a bylaw.

(2) The power of council to amend or repeal a bylaw is subject to the same conditions as the power to make the bylaw.

(1) A bylaw must have three distinct and separate readings to be effective.

(2) A bylaw may not receive more than two readings at any one meeting of council, unless all council members are present and agree to give the bylaw third reading at the meeting.

(3) A bylaw must be in writing before it may receive first reading.

(1) To be effective, a bylaw must

(2) Subject to this Act, a bylaw takes effect on the date it meets the requirements of subsection (1) or at such later date as may be specified in the bylaw.

(3) A copy of a bylaw under the corporate seal of the hamlet and certified by the senior administrative officer to be a true copy is admissible in evidence without further proof of validity. SNWT 2011,c.7, Sch.C,s.4.

(1) The senior administrative officer shall ensure that a copy of every bylaw is available to the public as soon as possible after it receives first and third reading.

(2) The senior administrative officer shall forward a copy of every bylaw to the Minister not later than 10 days after it receives third reading.

(1) If, under this or any other enactment, a bylaw requires the approval of the voters, the Minister or some other authority, that approval must be obtained after the bylaw receives first reading, and the bylaw may not receive third reading or have any effect until that approval is obtained.

(2) Evidence that a bylaw has been approved by the voters, the Minister or some other authority must be shown by

(1) Approval of the voters under this Act for a bylaw must be obtained in accordance with section 7 of the Local Authorities Elections Act respecting the submission of questions to the voters.

(2) After the proposed bylaw receives first reading, council shall seek approval of the voters for the bylaw by holding a vote on it at the next general election or at an earlier date fixed by council.

(3) At least two weeks before the date of the vote, the hamlet must give public notice stating that council is seeking the approval of the voters for the proposed bylaw and describing the purpose of the bylaw. SNWT 2004,c.11,s.8(2).

(1) The voters in a municipality may, by petition, require council to

(2) A petition must be signed by at least 25% of the voters in the municipality to be effective.

(2.1) For the purposes of subsection (2), the total number of voters of a municipality is the number of voters on the list of voters prepared under the Local Authorities Elections Act for the most recent municipal election.

(3) A petition may only be made in relation to a bylaw on a subject within the legislative powers of the hamlet.

(4) Each page of the petition must contain an identical statement of the purpose of the petition.

(5) The petition must include, in respect of each petitioner,

(6) The petition must have attached to it a signed statement of a person stating that he or she represents the petitioners and will respond to inquiries about the petition from the hamlet.

(7) A petition must be filed with the senior administrative officer.

(8) No name may be added to or removed from a petition after it has been filed with the senior administrative officer. SNWT 2004,c.11,s.8(3); SNWT 2011,c.7,Sch.C,s.5.

(1) The senior administrative officer is responsible for determining if the petition is sufficient to comply with section 83.

(2) When counting the number of petitioners on a petition, the senior administrative officer shall exclude any person

(2.1) The senior administrative officer shall make reasonable efforts to contact a person referred to in paragraph (2)(e) and provide him or her with the opportunity to swear a statutory declaration stating that he or she is eligible to vote.

(3) Within 30 days after the date on which a petition is filed, the senior administrative officer shall report to council on whether the petition is sufficient.

(4) Council is not required to take any notice of a petition that is not sufficient. SNWT 2011,c.7, Sch.C,s.6.

(1) If council receives a sufficient petition calling for voter approval of a bylaw, it shall

(2) If council receives a sufficient petition respecting a bylaw that has already received first reading, council may not proceed with third reading unless the bylaw is approved by the voters.

(3) Subject to any requirement for Ministerial approval, if a bylaw submitted to the voters as a result of a petition is approved by the voters, the bylaw must be made by council within four weeks after the vote, without any alteration being made in the bylaw affecting its substance.

(4) If a bylaw has been submitted to the voters as a result of a petition, the hamlet may refuse to take action on any further petition for the same purpose filed within one year after the date of the vote.

(5) A bylaw approved by the voters as a result of a petition may be amended or repealed only if

SNWT 2004, c.11,s.8(4).

(1) Subject to subsection (2), a hamlet may make bylaws respecting any highway in the municipality.

(2) Bylaws may be made in respect of a primary highway designated under the Public Highways Act only in accordance with an agreement made under section 10 of that Act.

(3) For greater certainty, a bylaw may

(1) A bylaw may provide for the opening and closing of highways.

(2) A hamlet may, by resolution, temporarily close a highway for a fixed period of time.

(3) The public has a right of access to any highway in the municipality, subject to any restriction or closure provided by bylaw.

(4) A hamlet may not close a highway if it prevents a person from entering or leaving his or her real property or residence, unless it provides the person with reasonable compensation or another convenient means of access.

(5) Before giving third reading to a bylaw that will open, establish, close, widen, divert or dispose of a highway, council shall

(6) If a hamlet closes a highway, it shall give public notice of the closure and cause signs or signal devices to be erected to warn traffic of the closure.

(1) A bylaw respecting a public utility must state the sources of funding for all costs that will be incurred by the hamlet as a result of the bylaw.

(2) For greater certainty, a bylaw respecting a public utility may

(1) The grant of a public utility franchise by a hamlet to any person must be by bylaw approved by the voters.

(2) Notwithstanding subsection (1), the Minister may, by order made at the request of council, exempt the public utility franchise bylaw from the requirement for approval of the voters.

(3) A hamlet may not grant a public utility franchise for a term exceeding 20 years.

(4) Council may, from time to time, by bylaw, renew the term of a public utility franchise for further terms not exceeding 10 years each.

(5) If a public utility franchise is not renewed, a hamlet may, with the approval of the Minister, purchase any or all of the rights under the franchise and any or all property used in connection with the franchise on terms agreed upon by the parties or, failing agreement, on terms determined by a sole arbitrator under the Arbitration Act.

(1) During the period commencing on election day and ending on the first day the term of new council members can begin, no council or council member may

(2) Notwithstanding subsection (1), council and council members may do those things referred to in that subsection if

SNWT 2011,c.7,Sch.C,s.7.

(1) Council shall, before each fiscal year, adopt a budget for the fiscal year.

(2) The budget must include estimates of

(3) A hamlet must follow any guidelines issued by the Minister regarding the form and content of budgets.

(1) A hamlet shall make a copy of the current budget available to the public.

(2) The senior administrative officer shall forward a copy of the budget to the Minister within 10 days after its adoption.

(1) A hamlet may save any surplus at the end of a fiscal year for use in future fiscal years.

(2) A hamlet shall eliminate any deficit at the end of a fiscal year by the end of the next fiscal year, unless the deficit is authorized by its debt management plan.

(1) No person shall, on behalf of the hamlet, incur an expenditure that is not included in, or is inconsistent with, the budget for the fiscal year.

(2) A person may incur an expenditure on behalf of the hamlet, notwithstanding that council has not yet adopted a budget or that the expenditure is not provided for in, or is inconsistent with, the budget if

(1) The senior administrative officer shall ensure that all money received by or on behalf of the hamlet is deposited to the credit of the hamlet in accounts in financial institutions designated by council.

(2) A disbursement of the hamlet's money must be made by a cheque or other negotiable instrument that is

(3) The signature of any person referred to in paragraph (2)(b) or (c) may, if authorized by bylaw, be engraved, lithographed, printed or mechanically reproduced for the purpose of issuing cheques.

(4) Notwithstanding subsection (2), a hamlet may authorize the establishment and use of petty cash funds and imprest bank accounts.

(1) A hamlet must have a general municipal fund to record all transactions and balances related to the general operations of the hamlet.

(2) In addition to the general municipal fund, one or more other funds may be established by bylaw for the purpose of carrying on specific activities or achieving specific objectives.

(3) Council shall, by bylaw, in respect of each fund established under subsection (2),

(4) Council may segregate portions of a fund established under subsection (2) as reserves for specific future purposes.

(5) Council shall, in respect of each reserve created under subsection (4),

(1) Payments for the following matters may only be made in accordance with a bylaw:

(2) Before giving third reading to a bylaw under subsection (1), council shall give two weeks public notice of the proposed bylaw.

(1) The senior administrative officer shall ensure that the financial statements of the hamlet are prepared for each fiscal year.

(2) The financial statements must be prepared

(3) The financial statements must include a statement showing the amount of compensation, expenses and any other payment made to each council member, or to each member of a committee of council, in sufficient detail that the type of each payment and the total amount of payments made to or on behalf of each member may be determined.

(4) The financial statements must be submitted to the Minister no later than 120 days after the end of the fiscal year. SNWT 2018,c.13,s.93(2).

(1) Council shall appoint an auditor for the hamlet.

(2) The auditor must be a person entitled to engage in public practice under the Chartered Professional Accountants Act.

(3) No person may be appointed as an auditor if, at the time of appointment or during the current or preceding fiscal year, the person or an employee or partner of the person has been a council member or an officer of the hamlet.

(4) A hamlet shall give written notice to the Minister of the appointment or revocation of an auditor, within 30 days after the appointment or revocation.

(5) The Minister may, by written notice, require council to revoke the appointment of an auditor if the Minister considers that the auditor is unable to or has failed to satisfactorily carry out his or her duties under this Act. SNWT 2018,c.13,s.93(3).

(1) An auditor shall report annually to council on the results of his or her examination of the accounts and financial statements of the hamlet and shall

(2) An auditor may require any council member or any employee

(3) An auditor must conduct the audit in the municipality, unless he or she obtains the permission of council or a judge of the Supreme Court to conduct it elsewhere.

(1) Notwithstanding any other enactment, a hamlet may only borrow money in accordance with this Act.

(2) A hamlet may only borrow money for a municipal purpose.

(3) For greater certainty, the borrowing of money by a hamlet authorized under another enactment, including the Housing Northwest Territories Act, shall be considered a municipal purpose.

(4) A hamlet that borrows money under the authority of another enactment must, in addition to the requirements of that enactment, comply with the provisions governing borrowing of this Act. SNWT 2023,c.8,s.13.

(1) A hamlet may not borrow money that exceeds the limits for short-term or long-term borrowing established by the regulations.

(2) All borrowing of money by a hamlet must be authorized by a bylaw that provides for those administrative matters in respect of the borrowing that council considers necessary or advisable.

(1) A hamlet may borrow money for a short-term period if the amounts are used to meet expenditures that are lawfully authorized to be incurred during the fiscal year but cannot be met from current revenues.

(2) The short-term borrowing of money under subsection (1) may be entered into by way of overdraft, line of credit, temporary loan, unsecured note or other arrangement.

(1) A hamlet may create a long-term debt, including borrowing money for a long-term period, only for capital purposes.

(2) A hamlet may borrow money for a long-term period only from a prescribed lender or a lender who is a member of a prescribed class of lenders.

(1) A hamlet may create a long-term debt only if the long-term debt to be created is specifically authorized by a bylaw.

(2) A bylaw authorizing a long-term debt must

(3) A bylaw authorizing a long-term debt may provide for

(4) Before the hamlet enters into any long-term debt, the senior administrative officer shall forward to the Minister

SNWT 2011,c.7,Sch.C,s.8(1),(2).

(1) Subject to this section, no long-term debt has effect unless the bylaw specifically authorizing it is approved by the voters and the Minister.

(2) A bylaw authorizing a long-term debt does not require the approval of the voters if

(3) A bylaw authorizing a long-term debt does not require the approval of the Minister if

(4) A bylaw authorizing a long-term debt does not require the approval of either the voters or the Minister if

SNWT 2005,c.15, s.3(2).

(1) Any security or debt instrument issued or entered into by a hamlet in respect of a long-term debt must be

SNWT 2011,c.7,Sch.C,s.9.

(2) Repealed, SNWT 2011,c.7,Sch.C,s.9.

(3) Repealed, SNWT 2011,c.7,Sch.C,s.9.

(1) If a long-term debt is being created by a hamlet to acquire or use an asset

(2) A hamlet must repay the unexpended balance of any long-term debt with the Government of the Northwest Territories within 60 days after the purposes for which the money was borrowed have been achieved.

(3) A hamlet must repay any money borrowed from the Government of the Northwest Territories for a long-term period in accordance with the repayment terms established by the Government of the Northwest Territories at the time of borrowing.

(1) Council may, by bylaw approved by the Minister, adopt a plan to responsibly manage the hamlet’s debt.

(2) A hamlet’s debt management plan may not have a term exceeding five years.

(3) A debt management plan must include the prescribed information.

(4) Council shall review the hamlet’s debt management plan at least once every five years.

(5) A copy of the hamlet’s debt management plan must be made available to the public.

(1) A hamlet may only undertake a local improvement if it is authorized by a bylaw.

(2) A bylaw authorizing a local improvement must set out

(1) Before second reading of a local improvement bylaw, council shall

(2) The notice of intent referred to in paragraph (1)(c) must be in writing and must include

(1) Before third reading of a local improvement bylaw, a hamlet must obtain written consent to the making of the local improvement bylaw from at least 60% of the persons who would be required to pay the local improvement charges.

(2) For the consent to be sufficient, the persons referred to in subsection (1) must represent at least 50% of the assessed value of all real property in respect of which the local improvement charges will be levied.

(3) The senior administrative officer shall certify to council whether the consent required by this section has been obtained.

(1) A long-term debt created for the purpose of financing a local improvement does not require approval of the voters if

(2) For greater certainty, a long-term debt created for the purpose of financing a local improvement requires the approval of the Minister, unless otherwise exempt from that approval under section 114.

(1) After a local improvement is complete, council may, by bylaw,

(2) A hamlet shall use local improvement charges only for the purpose of financing local improvements.

(3) A hamlet may finance a portion of the costs of a local improvement from the general revenue of the hamlet.

(1) A hamlet may only forgive a debt if the forgiveness is specifically authorized by a bylaw.

(2) A bylaw that forgives a debt owed to the hamlet must set out

(3) A hamlet may only forgive a debt owed to it, in whole or in part, if

(4) Before giving a bylaw that forgives a debt third reading, council shall give at least 30 days public notice of the bylaw.

(5) The obligation to pay a debt owed to the hamlet ceases once the debt is forgiven in accordance with this section.

(1) For the purposes of this section, "unrestricted revenue" means revenue that is generated by a hamlet, including revenue generated by taxes, fees and charges, and revenue that is received by a hamlet through grants and contributions that are not limited by conditions respecting how the grant or contribution is to be spent.

(2) A hamlet may make a grant only if specifically authorized by council for a purpose that it considers will benefit residents of the municipality.

(3) Where council authorizes an exemption from tax pursuant to the Senior Citizens and Disabled Persons Property Tax Relief Act, the exemption is not to be considered a grant for the purposes of this section.

(4) The total amount of all grants made by a hamlet in a fiscal year may not exceed 2% of the total unrestricted revenue of the hamlet for the previous fiscal year.

(5) Before making a grant to any person or group of persons not resident in the municipality, council shall first give at least 30 days public notice of the grant. SNWT 2011,c.7,Sch.C,s.10.

(1) A hamlet may only lend money if the loan is

(2) A hamlet may only lend money to

(3) A bylaw authorizing a loan must set out

SNWT 2011,c.8,s.14(4).

(1) A hamlet may only guarantee the repayment of a loan if the guarantee is

(2) A hamlet may only guarantee the repayment of a loan that is made to

(3) A bylaw authorizing a guarantee shall set out

SNWT 2011,c.8,s.14(5).

(1) A hamlet may invest its surplus money in

(2) A hamlet may, if authorized by a delegation agreement, form a pooled investment fund with another municipal corporation or any other prescribed entity.

(3) The money in a pooled investment fund may be used only to make investments authorized under subsection (1).

(4) The senior administrative officer may, if authorized by council, make the investments authorized by this section on behalf of the hamlet.

(1) Council may, by bylaw, adopt a plan to manage the hamlet’s investments and to authorize the making of investments.

(2) A bylaw adopting an investment plan is not valid unless it is approved by the Minister.

(3) A hamlet’s investment plan may not have a term exceeding five years.

(4) A hamlet’s investment plan must include the prescribed information.

(5) A copy of the hamlet’s investment plan must be made available to the public.

(1) Council shall hold a public hearing before making

(2) After a bylaw that requires a public hearing receives first reading but before it receives second reading, the hamlet shall give public notice of

(3) A copy of the proposed bylaw, and any plan being adopted by the bylaw, must be made available to the public at the time of public notice.

(4) Before giving public notice under subsection (2), council may establish the procedure to be followed by persons who wish to make submissions to council during the public hearing concerning the bylaw, including

(5) Council shall hold a public hearing at the times and places stated in the public notice, and at the hearing shall hear

(6) Council may hold more than one public hearing or adjourn the hearing, if

(7) Subject to the requirement to obtain the approval of the voters or the Minister, council shall consider all oral and written submissions made at the public hearing and may make any amendments to the bylaw council considers necessary or advisable.

(8) Before second reading of the bylaw, the senior administrative officer shall prepare a written certification

SNWT 2011,c.22,s.85.

(1) Subject to the Conflict of Interest Act and excluding anything said or brought with malicious intent, a council member or youth member is not liable to any civil action, prosecution, arrest, imprisonment or damages by reason of

(2) Subject to subsection (3) and the Conflict of Interest Act, the following persons are not personally liable for loss or damage by reason of anything said or done or omitted to be done in the performance or intended performance of his or her functions, duties or powers under this or any other enactment:

(3) Subsection (2) is not a defence if the person is guilty of

(4) This section does not affect the legal liability of the hamlet.

(1) Subject to this and any other enactment, a hamlet is not liable for loss or damage caused by anything done or not done by the hamlet in accordance with the authority granted to it under this or any other enactment, unless the cause of action is negligence or any other tort.

(2) A hamlet is not liable in an action based on nuisance, or on any other tort that does not require a finding of intention or negligence, for any loss or damage arising, directly or indirectly, from highways, dikes, ditches or dams or from the operation or non- operation of a public utility.

(3) A hamlet with discretion to do something is not liable for exercising, in good faith, its discretion not to do it.

(4) A hamlet is not liable for loss or damage caused by

(1) A hamlet is not liable for loss or damage caused by snow, ice or slush on highways in the municipality, unless the hamlet is grossly negligent.

(2) A hamlet is not liable for loss or damage caused

(1) A hamlet is liable for loss and damage caused by its failure to perform its duty under section 89, if it knew or should have known of the state of disrepair.

(2) This section does not apply to any road made or laid out by a private person or any work made to or done on a road or place by a private person until the road or work is subject to the direction, control and management of the hamlet.

(3) A hamlet is not liable under this section in respect of acts done or omitted to be done by persons exercising powers or authorities conferred on them by law if the hamlet had no control over those persons and is not a party to those acts or omissions.

(4) A hamlet is not liable under this section if

(5) If the loss or damage is caused by the removal, destruction or defacement of a traffic control device by someone other than an employee or agent of the hamlet, the hamlet is liable under this section only if it

(1) A person who brings an action for loss or damage referred to in sections 135 and 136 must, by written notice provided to the senior administrative officer, notify the hamlet of the event that gives rise to the action within 30 days after the occurrence of the event or within such longer period of time as may be allowed by bylaw.

(2) Failure to notify the hamlet within the time required by subsection (1) bars the action unless

SNWT 2005, c.15,s.3(3).

(1) Council may appoint bylaw officers to enforce any or all of its bylaws and may establish their specific duties.

(2) A bylaw officer shall enforce those bylaws of the hamlet that he or she is appointed to enforce under subsection (1).

(3) A bylaw officer is an officer as defined in the Motor Vehicles Act and the Dog Act and shall enforce those Acts and the All-terrain Vehicles Act. SNWT 2011,c.3,s.10.

(1) If any enactment or bylaw authorizes or requires any thing to be inspected, remedied, enforced or done by a hamlet, an officer may, after giving reasonable notice to the owner or occupier of the land or structure affected,

(2) The officer shall, on request, display or produce identification showing that the person is authorized to make the entry.

(3) The officer authorized to perform a task under subsection (1) need not give reasonable notice and may enter at any hour and perform a task referred to in subsection (1) without the consent of the owner or occupant, if the officer or council is of the opinion that

(1) A hamlet may, by originating notice, apply to the Supreme Court for an order under subsection (2) if a person

(2) The Supreme Court may issue an order

(3) The Supreme Court may hear the application without notice to any person if, in its opinion, there is imminent danger to public health or safety or if it is otherwise warranted by extraordinary circumstances.

(1) In addition to any other remedy available to it, a hamlet may enforce a bylaw by applying, by originating notice, to the Supreme Court for an injunction.

(2) The Supreme Court may grant or refuse the injunction or other order or may make any other order that it considers just.

(1) A hamlet may, by resolution, designate one or more employees to issue orders under this section.

(2) If the designated employee finds that a person is contravening a bylaw or an enactment that the hamlet is authorized to enforce and is of the opinion that the contravention poses an imminent danger to public health or safety, the designated employee may, by written order, direct the person to take any action or measure necessary to remedy the contravention, including the removal or demolition of a structure that has been erected or placed in contravention of a bylaw or enactment, and to prevent a reoccurrence of the contravention.

(3) If the designated employee finds a structure, excavation or hole that is dangerous to public safety or property, the designated employee may, by written order, require the owner of the structure, excavation or hole to eliminate the danger in the manner specified, to remove or to demolish the structure or to fill in the excavation or hole and level the site.

(4) An order made under this section may

(5) The order must be served personally or, if personal service cannot be made because the address of the person is not known, notice of the order may be published twice in a newspaper having general circulation in the municipality or in the Northwest Territories.

(1) A person who receives a written order under section 146 may request that council review the order.

(2) The request must be in writing and made within 14 days after the date the order is received, or within such longer period as may be allowed by bylaw.

(3) After reviewing the order, council may confirm, vary, replace or cancel the order.

(4) Council must serve a copy of its decision under subsection (3) on the person requesting the review within 14 days after making the decision.

(1) A person affected by the decision of council under section 147 may appeal to the Supreme Court if

(2) The appeal must be made by originating notice within 30 days after the day the decision is served on the person who had requested the review.

(3) The Supreme Court may

(1) A hamlet may take any actions or measures necessary to remedy a contravention of a bylaw or an enactment that the hamlet is authorized to enforce, or to prevent a reoccurrence of the contravention, if

(2) If an order made under section 146 directs that premises be put into and maintained in a sanitary condition, the hamlet may close the premises.

(3) A bylaw officer or other person authorized by the hamlet may use reasonable force to remove occupants from a structure that is being closed, removed or demolished in accordance with this Act.

(1) If council, or an employee designated by council for this purpose, is of the opinion that there is an imminent and serious danger to public health or safety, the hamlet may take any action or measure necessary to eliminate the danger.

(2) This section applies whether or not the danger involves a contravention of a law.

(3) A person may be given a verbal or written order under this section to provide labour, services, equipment or materials, and on receipt the person shall comply with the order.

(4) A person who provides labour, services, equipment or materials under this section is entitled to reasonable compensation from the hamlet unless he or she caused the danger to arise.

(1) The expenses and costs of an action or measure taken by a hamlet under section 149 are a debt owing to the hamlet by the person who contravened the bylaw, enactment or court order, and may be recovered from the person in default by civil action for debt, or by charging it against real property of which the person is the assessed owner in the same manner as arrears of property taxes under the Property Assessment and Taxation Act.

(2) If the hamlet sells all or a part of a structure that has been removed under section 149, the proceeds of the sale must be used to pay the expenses and costs of the removal and any excess proceeds must be paid to the person entitled to them.

(3) A hamlet that is a municipal taxing authority may recover any charges levied under section 60 for a service that relates to real property, and that have not been paid by the end of the fiscal year, by charging them against the real property in respect of which the charges were levied in the same manner as arrears of property taxes under the Property Assessment and Taxation Act. SNWT 2004, c.11,s.8(5); SNWT 2005,c.15,s.3(4).

(1) A senior administrative officer shall ensure that complete and accurate records are kept in respect of

(2) Council may, by bylaw, provide for the destruction of records kept under subsection (1) when those records are no longer useful and their retention is no longer required by law.

(1) A person who contravenes this Act or the regulations is guilty of an offence.

(2) A person who wilfully obstructs or interferes with a bylaw officer, an officer, a municipal inspector, a municipal supervisor or a municipal administrator in the performance of that person’s duties under this or any other enactment or a bylaw, is guilty of an offence.

(1) A person who is guilty of an offence under this Act or a bylaw for which no specific punishment is provided by this Act or by a bylaw, is liable on summary conviction

(2) Council may, by bylaw, provide that a person who is guilty of an offence under a bylaw is liable on summary conviction to a specific fine or imprisonment not exceeding the limits set out in subsection (1).

(3) In addition to any fine that may be levied, a court may order a person convicted of an offence under a bylaw

(4) Subject to any other enactment, a fine or penalty collected in respect of an offence under a bylaw belongs to the hamlet.

(1) The Minister may appoint municipal inspectors for the purposes of this Act.

(2) The Minister may, on the Minister’s own initiative or at the request of council, direct a municipal inspector to examine or review

(3) A municipal inspector shall prepare a report on his or her examinations and reviews and submit it to the Minister.

(4) The report of a municipal inspector may include

(5) The inspector shall forward a copy of the report to the mayor, unless the Minister directs otherwise.

(1) The Minister shall notify council if the Minister is of the opinion that

(2) The Minister must provide council with the reasons for his or her opinion and consult with it on the best course of action to remedy the problem.

(3) The consultations with council must continue for at least 30 days after the notice is sent, unless the Minister and council agree otherwise.

(1) After providing the required notice and after expiry of the 30-day consultation period, the Minister may, by order, declare the hamlet to be subject to supervision if the Minister is of the opinion that supervision is the best course of action to remedy the problem.

(2) An order declaring a hamlet to be subject to supervision may

(3) The Minister may direct a hamlet under supervision to submit for approval a budget or a recovery plan.

(4) The Minister may impose a budget or a recovery plan on the hamlet if it

(5) A budget or recovery plan imposed by the Minister becomes effective and binding upon the hamlet, its council, the senior administrative officer, and employees or agents of the hamlet, on notice to council.

(6) After consulting with council, the Minister may amend a budget or recovery plan imposed by the Minister.

(1) If the Minister is of the opinion that supervision will not be sufficient to remedy the problem referred to in subsection 157(1), the Minister may declare the hamlet to be subject to administration.

(2) An order declaring a hamlet to be subject to administration must appoint a municipal administrator for a fixed or indefinite term of office.

(3) When an order declaring a hamlet to be subject to administration takes effect, all council members are deemed to have resigned from office and council is to remain vacant until after a new election is held under section 163.

(4) Subject to this Act, a municipal administrator may exercise the powers and shall perform the duties of a council under this Act.

(5) A municipal administrator may not make a bylaw or incur an expenditure or liability on behalf of the hamlet without the approval of the Minister.

(6) A municipal administrator may dispose of such personal or real property owned by the hamlet as may be necessary to satisfy any of its outstanding debts.

(7) A municipal administrator must be bonded in an amount determined by the Minister.

(8) A municipal administrator shall

(9) The report referred to in paragraph (8)(c) must be submitted at the end of each calendar month or at such other times as the Minister may require.

(1) Notwithstanding section 157, if the Minister is of the opinion that the problem referred to in subsection 157(1) is urgent and requires immediate action, the Minister may, by order, declare the hamlet to be subject to supervision or administration.

(2) The Minister shall, without delay, send a copy of the order under subsection (1) to council together with the reasons for taking immediate action.

(3) An order under subsection (1) expires after 45 days, or at such earlier date as the Minister may specify.

(4) If the Minister believes that the problem referred to in subsection 157(1) will continue after the expiry of the order, the Minister may

(1) The Minister may, by order or otherwise, direct a municipal supervisor or municipal administrator in the exercise of his or her powers or in the performance of his or her duties.

(2) If the hamlet under administration is a municipal taxing authority, the Minister shall establish the rate of tax under the Property Assessment and Taxation Act.

(1) The hamlet and its employees shall comply with the order and any directions of the Minister and the municipal supervisor or municipal administrator, as the case may be.

(2) The books of account of the hamlet must be open to inspection by the municipal supervisor or municipal administrator.

(3) The costs of a municipal supervisor and a municipal administrator, including remuneration, reasonable living and travelling expenses and costs of bonding, must be paid out of the funds of the hamlet.

(1) The Minister shall revoke an order declaring a hamlet to be under supervision or administration if the Minister believes that the problem that triggered the order is remedied or no longer a concern.

(2) If the hamlet was under the control of an administrator, the Minister shall in the order provide for the return of council by establishing an election day for the election of new council members and providing for those matters required for the election as if it were the first election of council.

(1) The Minister may appoint a liquidator to

(2) The assets of a dissolved hamlet must be transferred to the Government of the Northwest Territories on the terms and conditions that the Minister may require.

(3) Any revenue of a dissolved hamlet not received by it before its dissolution belongs to the Government of the Northwest Territories and may be collected accordingly.

(1) When public notice is required under this Act, the notice must be given to the general public in one or more of the following ways:

(2) When a document is to be made available to the public under this Act, the document must be in a conspicuous place in the offices of the hamlet accessible to the public during the normal working hours of the hamlet.

(1) The Commissioner, on the recommendation of the Minister, may make regulations

(2) A regulation made under subsection (1) may be specific to, or distinguish among, one or more different hamlets.

(3) The Minister may make an order respecting any matter or thing that by this Act is to be determined by an order.