Public Service Act

(1) In this Act,

"demote" means a transfer of an employee to a position with a maximum rate of pay lower than that for the position he or she held immediately prior to the transfer; (rétrogradation)

"department" means a division of the public service continued or established by statute or designated as a department by the Commissioner in Executive Council, on the recommendation of the Premier; (ministère)

"deputy head" means,

"Deputy Minister" means the non-elected head of a department and where the position is vacant or the Deputy Minister is absent or unable to act, includes the person designated by the Minister responsible for the department to act as Deputy Minister; (sous-ministre)

"employee" means a person employed in the public service; (fonctionnaire)

"employees’ association" means an association of public service employees incorporated by an Act empowering it to bargain collectively; (organisation syndicale)

"Equal Pay Commissioner" means the Equal Pay Commissioner appointed by the Commissioner under subsection 40.2(1); (commissaire à l’équité salariale)

"incompetence" means incompetence of an employee in the performance of his or her duties and includes negligence; (incompétence)

"Minister" means the member of the Executive Council appointed as a Minister under the Legislative Assembly and Executive Council Act who is responsible for this Act; (ministre) "misconduct" means misconduct of an employee in the performance of his or her duties, and includes bringing the public service into disrepute; (inconduite)

"public service" means the several positions in or under any department or other portion of the public service specified in Schedule A and, notwithstanding any other Act and subject to an order made under subsection 1(6), does not include individuals referred to in Schedule B; (fonction publique)

"Speaker" means the Speaker of the Legislative Assembly; (président)

"teacher" means a teacher as defined in the Education Act who is an employee. (enseignant)

(1.1) The Commissioner, on the recommendation of the Executive Council, may, by order, amend Schedule A by adding to it or deleting from it.

(2) Repealed, RSNWT 1988,c.124 (Supp.), s.2.

(3) A deputy head may authorize any person under the jurisdiction of the deputy head to exercise any of the powers or perform any of the duties or functions of a deputy head under this Act.

(4) In the absence of a deputy head, the person designated by the deputy head to act in his or her absence or, where no person has been so designated or the position of deputy head is vacant, the person designated by the Minister responsible for the portion of the public service under the jurisdiction of the deputy head or by the Commissioner in Executive Council, on the recommendation of the Premier, has all the powers, functions and duties of the deputy head.

(5) Unless the context otherwise requires,

(6) The Minister may, by order, deem any individual referred to in Schedule B a member of the public service and such order may be given retroactive effect. RSNWT 1988,c.80(Supp.),s.2,3;c.124 (Supp.), s.2; SNWT 1994,c.30,s.3; SNWT 1995,c.11,s.45; SNWT 2003,c.16,s.2; SNWT 2005,c.4,s.2; SNWT 2011,c.16,s.18(2); SNWT 2014,c.33,s.2; SNWT 2017,c.20,s.10(2); SNWT 2020,c.13,s.8(2); SNWT 2023,c.7,s.37.

(1) This Act applies to all employees whether appointed before, on or after June 25, 1965.

(2) A reference in any of the provisions of this Act to a period of employment shall be construed as including employment before as well as on and after June 25, 1965. RSNWT 1988,c.124(Supp.),s.3.

(1) The Minister has the management and direction of the public service.

(2) The Minister shall report annually to the Legislative Assembly on the management and direction of the public service. RSNWT 1988, c.124(Supp.),s.4.

(1) The Minister may authorize an employee responsible for the administration of a region of the Northwest Territories to exercise any of the powers or perform any of the duties or functions of a Deputy Minister under this Act. RSNWT 1988,c.124 (Supp.), s.7; SNWT 2011,c.16,s.18(5).

(1) The Commissioner in Executive Council, on the recommendation of the Premier, has the exclusive right and authority to appoint persons to the position of Deputy Minister in the public service.

(2) Sections 17, 18 and 20 do not apply to a person appointed under subsection (1).

(3) In sections 21, 29 and 29.1, "employee" does not include a Deputy Minister. RSNWT 1988, c.124(Supp.),s.9; S.N.W.T 1994,c.30,s.3.

(1) The Minister may make appointments by competition to positions in the public service.

(2) Pursuant to the regulations, a Staffing Review Officer may hear an appeal of an appointment by competition under subsection (1).

(3) Where a Staffing Review Officer grants an appeal, the appointment made under subsection (1) shall be revoked by the Minister. RSNWT 1988, c.80(Supp.),s.5; SNWT 2005,c.4,s.3.

(1) The Minister shall appoint Staffing Review Officers to hear appeals of appointments made by competition under section 17.

(2) A person is not eligible to be appointed as a Staffing Review Officer if he or she is a member of the public service or is a member or employee of the Union of Northern Workers or the Northwest Territories Teachers’ Association.

(3) Subject to subsections (5) and (6), a Staffing Review Officer holds office during good behaviour for a term of three years.

(4) A Staffing Review Officer may be reappointed.

(5) A Staffing Review Officer may resign at any time by notifying the Minister in writing.

(6) The Minister may, for cause or incapacity, suspend or remove from office a Staffing Review Officer.

(7) A Staffing Review Officer shall, in accordance with the regulations,

SNWT 2005,c.4,s.4; 2011,c.17,s.2.

(1) Where, in the opinion of the Minister, it is necessary, the Minister may, on the recommendation of the Executive Council, make appointments without competition to positions in the public service.

(2) No recommendation of the Executive Council is required for the Minister to appoint an employee without competition under subsection (1) in order to fulfill a duty to accommodate the employee. RSNWT 1988,c.80(Supp.),s.6; SNWT 2014, c.33,s.3.

(1) The Minister may, in relation to a position, establish the qualifications that, in the opinion of the Minister, are necessary or desirable having regard to the nature of the duties to be performed.

(2) In establishing qualifications under subsection (1), the Minister shall not discriminate against any person including discrimination by reason of race, national or ethnic origin, colour, religion, sex, age or physical or mental disability unless

RSNWT 1988,c.124(Supp.),s.10.

(1) Subject to subsection (2), where an employee is not appointed from within the public service, the employee is on probation after he or she has taken up the duties of his or her position for such period as may be established by the Minister for that position.

(2) The period established as a probationary period under subsection (1) must not be less than six months.

(3) Subject to subsection (4), where an employee is appointed from within the public service, the employee is on probation for six months after he or she has taken up the duties of his or her position.

(4) The Minister may, if he or she considers it appropriate, reduce or waive the probationary period referred to in subsection (3).

(5) The Minister may, in accordance with the regulations, extend the probationary period of an employee that is established under subsection (1) or referred to in subsection (3). RSNWT 1988,c.124 (Supp.),s.11.

(1) At any time during the probationary period of an employee, the Minister, on the recommendation of the deputy head, may reject the employee but any such rejection must be made in good faith.

(2) An employee who has been rejected under subsection (1) ceases to be an employee. RSNWT 1988,c.124(Supp.),s.12.

(1) The Minister may appoint persons to manage or staff industrial and economic development projects sponsored by the Government of the Northwest Territories on the terms and conditions of employment that the Minister considers appropriate to the project.

(2) A person appointed under subsection (1) shall be deemed not to be an employee within the meaning of this Act and this Act does not apply to that person.

(1) An employee may resign his or her position in the public service by giving to the Minister two weeks notice in writing of his or her intention to resign the position.

(2) A resignation is completed when it is accepted in writing by the Minister, but it may, by an appropriate notice in writing to the Minister and with the approval of the Minister, be withdrawn at any time before its effective date if no person has been appointed or selected for appointment to the position to be vacated by the resignation.

(1) Where the duties of a position held by an employee are no longer required to be performed, the Minister may lay-off the employee in accordance with the regulations.

(2) An employee ceases to be an employee when the employee is laid-off under subsection (1).

(3) Notwithstanding any other provision of this Act, if the Minister is of the opinion that an employee identified for lay-off under subsection (1) is suitable for continued employment in the public service, the Minister may appoint the employee without competition to any position in the public service for which he or she is qualified. RSNWT 1988, c.124(Supp.), s.13; S.N.W.T 2014,c.33,s.4.

(1) Where an employee, in the opinion of the deputy head, is guilty of misconduct or incompetence, the deputy head may by notice in writing

(2) An employee may, within 14 days after the day the employee receives a notice given under subsection (1), appeal the suspension, reduction of pay or demotion to the Minister.

(3) The Minister, on appeal, shall

(4) Repealed, RSNWT 1988,c.124(Supp.), s.14.

(5) A demotion under this section may be for a fixed period.

(6) The Minister may at any time reinstate a demoted employee.

(7) Sections 16 to 21 do not apply to employees demoted under paragraph (1)(c). RSNWT 1988, c.124(Supp.),s.14.

(1) In any case where it is alleged that an employee has been guilty of misconduct or incompetence and the Minister considers it desirable to investigate the allegation, the Minister may

(2) Subject to subsection (3), the Minister may extend the period of suspension of an employee but each extension must not exceed a period of 30 days.

(3) The maximum period for which an employee may be suspended under this section is 60 days. RSNWT 1988,c.124(Supp.),s.16.

(1) An employee is entitled to remuneration in respect of any period during which he or she is under suspension pursuant to section 30.

(2) The Minister may at any time terminate a suspension made under section 30. RSNWT 1988, c.124(Supp.),s.16.

(1) On completion of the investigation referred to in section 30, the Minister shall,

(2) Where an employee is suspended pursuant to subparagraph (1)(a)(ii), the employee is not entitled to any remuneration in respect of the period of suspension. RSNWT 1988,c.124(Supp.),s.16.

(1) In this section,

"candidate" means a candidate as defined in the Elections and Plebiscites Act or Canada Elections Act as applicable; (candidat)

"official agent" means an official agent as defined in the Elections and Plebiscites Act or Canada Elections Act as applicable; (agent officiel)

"policy" means a government committment to the public to follow an action or course of action in pursuit of approved objectives; (politique)

"political party" means a registered party as defined in the Canada Elections Act or an unregistered party functioning in the Northwest Territories to achieve political aims; (parti politique)

"territorial association" means the territorial association of a political party. (association territoriale)

(2) Subject to this section, an employee may engage in political activity, but shall not

(3) Subject to this section, an employee shall not publicly criticize any policy of the Government of the Northwest Territories

unless on a leave of absence.

(4) In addition to the prohibitions contained in subsection (2), an employee who falls within the prescribed category of restricted employees shall not

(5) A person does not contravene subsections (2) or (4) by reason only that the person

(6) Notwithstanding any other Act, the Deputy Minister of the department responsible for the administration of this Act shall, on application in writing, grant a leave of absence without pay to an employee who wishes to seek nomination as a candidate and to be a candidate for election.

(6.1) If an employee falls within the prescribed category of restricted employees, the leave shall not be granted unless the Deputy Minister referred to in subsection (6) is satisfied that the absence of the employee will not seriously interfere with the operation of the public service.

(6.2) An application for leave from the Deputy Minister referred to in subsection (6) shall be considered by the Secretary to Cabinet, who shall not grant the leave unless he or she is satisfied that the condition set out in subsection (6.1) has been met.

(6.3) A leave granted under subsection (6) ends on the day on which the results of the election are officially declared, or on an earlier day requested by an employee who has ceased to be a candidate.

(7) A leave of absence granted pursuant to subsection (6) must be taken by the employee on becoming an official candidate.

(8) On granting a leave of absence under subsection (6), the Deputy Minister of the department responsible for the administration of this Act shall cause notice of this action to be published in the Northwest Territories Gazette and in a widely distributed newspaper available to the public in the Northwest Territories.

(9) An employee who is declared elected as a member of the Legislative Assembly, the Parliament of Canada or of the legislative assembly of a province or another territory upon that declaration ceases to be an employee.

(10) A contravention of subsection (2), (3) or (4) shall be deemed to be sufficient cause for any disciplinary measures that the Minister considers appropriate. RSNWT 1988,c.124(Supp.),s.18; SNWT 2006,c.15,s.358; SNWT 2011,c.16, s.18(5), (11); SNWT 2014,c.33,s.5; SNWT 2017, c.20,s.10(3).

(1) The following days are holidays for the public service, namely,

(1.1) Any day fixed by order of the Minister as a holiday for all or any part of the public service is a holiday for the public service or for that part of the public service, as the case may be.

(2) Any employee required to perform the duties of his or her position on a holiday shall be granted another day of leave with pay or paid compensation for overtime. RSNWT 1988,c.124(Supp.),s.19; SNWT 2001,c.14,s.4; SNWT 2017,c.19,s.44; SNWT 2021,c.15,s.4.

(1) Where an employee has been granted leave of absence for a period in excess of two months, the Minister may appoint another person to that employee’s position and, in that event, the employee ceases to be the incumbent of that position but, during the remaining period for which the employee was granted leave of absence, the employee shall, subject to this section, be deemed to be the incumbent of an equivalent position in the establishment.

(2) An employee who by subsection (1) is deemed to be the incumbent of an equivalent position is not entitled to any remuneration in respect of that position unless the employee was, in accordance with the regulations, granted leave of absence with pay.

(3) Where an employee is on leave of absence and another person is appointed to his or her position under subsection (1), the Minister shall, during or after the expiration of leave, appoint the employee without competition to another position in the public service for which the employee is qualified. SNWT 2007, c.16,s.8.

(1) No employer shall establish or maintain differences in the rate of pay between male and female employees who perform work of equal value in the same establishment.

(2) It is not a contravention of subsection (1) if a difference in rate of pay is attributable to

provided that these systems, processes or programs do not discriminate on the basis of sex.

(3) No employer shall reduce the rate of pay of an employee in order to comply with subsection (1).

(4) For the purposes of this section, each of the following groups of employees is a separate establishment:

(5) In assessing the value of work performed by employees in the same establishment, the criterion to be applied is the composite of the skill, effort and responsibility required in the performance of the work and the conditions under which the work is performed. SNWT 2003,c.16,s.3; SNWT 2014,c.10,s.20.

(1) The Commissioner, on the recommendation of the Legislative Assembly, shall appoint an Equal Pay Commissioner as an officer of the Legislative Assembly who is responsible for exercising the powers and performing the duties set out in this Act.

(2) A person appointed as Equal Pay Commissioner must have expertise in the study and application of the right to equal pay for work of equal value.

(3) Subject to subsections (5) to (7), the Equal Pay Commissioner holds office during good behaviour for a term of four years and may be reappointed for subsequent terms.

(4) A person holding office as Equal Pay Commissioner continues to hold office after the expiry of his or her term of office until he or she is re- appointed, a successor is appointed or a period of six months has expired, whichever first occurs.

(5) The Equal Pay Commissioner may resign at any time by notifying the Speaker in writing or, if the Speaker is absent or unable to act or the office of the Speaker is vacant, by so notifying the Clerk of the Legislative Assembly.

(6) The Commissioner, on the recommendation of the Legislative Assembly, may, for cause or incapacity, suspend or remove from office the Equal Pay Commissioner.

(7) If the Legislative Assembly is not sitting, the Speaker, on the recommendation of the Board of Management of the Legislative Assembly, may suspend the Equal Pay Commissioner for cause or incapacity and the suspension remains in effect until the earliest of the following occurs:

(8) If the Equal Pay Commissioner is suspended or removed under subsection (6), the Commissioner, on the recommendation of the Legislative Assembly, shall appoint an acting Equal Pay Commissioner to hold office until the earliest of the following occurs:

(8.1) If the Equal Pay Commissioner is suspended under subsection (7), the Speaker, on the recommendation of the Board of Management of the Legislative Assembly, shall appoint an acting Equal Pay Commissioner to hold office until the earliest of the following occurs:

(8.2) If the Equal Pay Commissioner has resigned or is temporarily absent or unable to perform the duties of the Equal Pay Commissioner, the Speaker, on the recommendation of the Board of Management of the Legislative Assembly, may appoint an acting Equal Pay Commissioner to hold office until the earliest of the following occurs:

(8.3) Subsections 40.2(5) to (8.2) apply with such modifications as the circumstances require to an acting Equal Pay Commissioner appointed under this section.

(9) An appointment as acting Equal Pay Commissioner does not preclude a person from subsequently being appointed as Equal Pay Commissioner under subsection (1).

(10) If, for any reason, the Equal Pay Commissioner determines that he or she should not act in respect of any particular matter under this Act, the Speaker, on the recommendation of the Board of Management of the Legislative Assembly, may appoint an eligible person, as described in subsection (2), as a special Equal Pay Commissioner to act in the place of the Equal Pay Commissioner in respect of that matter.

(11) A special Equal Pay Commissioner holds office until the conclusion of the matter in respect of which he or she has been appointed.

(12) The Equal Pay Commissioner is not a

(13) The Equal Pay Commissioner may not hold any position as a member of the public service.

(14) The Equal Pay Commissioner is not eligible to be nominated for election, to be elected or to sit as a member of the Legislative Assembly.

(15) Before commencing the duties of office, the Equal Pay Commissioner shall take an oath, administered by either the Speaker or Clerk of the Legislative Assembly, undertaking to faithfully and impartially exercise the powers and perform the duties of the Equal Pay Commissioner and to not disclose any information received under this Act except in accordance with this Act.

(16) The form of oath required under subsection (15) shall be determined by the Speaker. SNWT 2003, c.16,s.3; SNWT 2020,c.13,s.8(3) to (10).

(1) The Equal Pay Commissioner shall

(2) The Equal Pay Commissioner may engage the services of experts or other persons necessary to assist in carrying out the functions of the Equal Pay Commissioner.

(3) The Equal Pay Commissioner may require a person engaged under subsection (2) to take an oath, administered by the Equal Pay Commissioner, undertaking to not disclose any information received by that person under this Act except in accordance with this Act.

(4) The form of oath required under this section shall be determined by the Speaker.

(5) No action or proceeding may be brought against the Equal Pay Commissioner for anything done or not done by the Equal Pay Commissioner in good faith in the exercise or performance of their powers and duties under this Act. SNWT 2003,c.16,s.3; SNWT 2020,c.13,s.8(13).

(1) The Equal Pay Commissioner shall, by July 1 in each year, prepare and submit to the Speaker a report on the activities of the Equal Pay Commissioner and the discharge of his or her duties under this Act during the preceding year.

(2) The Speaker shall lay the annual report before the Legislative Assembly as soon as is reasonably practicable. SNWT 2003,c.16,s.3.

(1) The Equal Pay Commissioner shall investigate complaints and, in an investigation, may

(2) If a person refuses or fails to comply with a request of the Equal Pay Commissioner under subsection (1), the Equal Pay Commissioner may apply to the Supreme Court for an order requiring the person to comply with the request.

(3) On an application under subsection (2), a judge may make the order sought and any other order that he or she considers necessary, if the judge

SNWT 2003,c.16,s.3.

(1) An employee may file a written complaint with the Equal Pay Commissioner within two years after the last occurrence of circumstances giving rise to the complaint.

(2) On receipt of a complaint, the Equal Pay Commissioner shall provide a copy of the complaint to the parties.

(3) The Equal Pay Commissioner shall investigate the complaint and may assist the parties to resolve the complaint.

(4) The Equal Pay Commissioner shall prepare an investigation report, including recommendations with respect to the resolution of the complaint, and shall send it to the parties within six months after receipt of the complaint. SNWT 2003,c.16,s.3.

(1) Any party may submit the complaint, together with the Equal Pay Commissioner’s investigation report, to an arbitrator within six weeks after receipt of the report.

(2) Subject to subsections (3) and (4), the Arbitration Act, 1988, RSNWT 1988, c.A-5, applies to a submission to arbitration under subsection (1).

(3) The arbitration hearing must be held in the community in which the employee who filed the complaint resides or in a location agreeable to the parties.

(4) The costs of an arbitrator under this section shall be paid by the Equal Pay Commissioner. SNWT 2003,c.16,s.3; SNWT 2022,c.14,s.78(2).

(1) An arbitrator who determines that a contravention of section 40.1 has occurred may, in an award, make one or more of the following directions against the contravening employer:

(2) An arbitrator may, in an award, direct a party to pay some or all of the costs of any other party if the arbitrator is satisfied that:

SNWT 2003,c.16,s.3.

(1) In this section and sections 42 to 47,

"bargaining unit" means a unit of employees established by subsection 41(1.4) for the purpose of collective bargaining; (unité de négociation)

"collective agreement" means an agreement in writing entered into under this section between the Minister and an employees’ association respecting terms and conditions of employment and related matters and shall be deemed to include any award made by an arbitrator; (convention collective)

"essential services agreement" means an agreement referred to in subsection 41.02(2) and shall be deemed to include any award made under subsection 41.02(7) in respect of that agreement; (entente sur les services essentiels)

"strike" includes a cessation of work or a refusal to work or to continue to work by employees, in combination, in concert or in accordance with a common understanding. (grève)

(1.1) A reference in sections 41 to 48 to an employees’ association in relation to a bargaining unit shall be construed as a reference to the employees’ association for the bargaining unit.

(1.2) A person does not cease to be employed in the public service by reason only that the person ceases to work as a result of a lawful strike.

(1.3) Every employee, other than an employee listed in subsection (1.7), (1.8) or (1.9) or referred to in subsection 55(2) of the Legislative Assembly and Executive Council Act, may be a member of a bargaining unit.

(1.4) Subject to subsection (1.3), each of the following is established as a separate unit of employees for the purpose of collective bargaining under this Act:

(1.5) The Union of Northern Workers is the employees’ association for the bargaining units established by paragraphs (1.4)(a) and (b).

(1.6) The Northwest Territories Teachers’ Association is the employees’ association for the bargaining unit established by paragraph (1.4)(c).

(1.7) An employee, other than an employee of the Northwest Territories Power Corporation or a teacher, is not eligible for membership in a bargaining unit where, in the opinion of the Minister, the employee is employed

(1.8) An employee of the Northwest Territories Power Corporation is not eligible for membership in a bargaining unit where, in the opinion of the Minister, the employee is employed

(1.9) A teacher is not eligible for membership in a bargaining unit where the teacher is employed as a superintendent of schools, an assistant superintendent of schools or a supervisor of schools within the meaning of the Education Act. SNWT 2005,c.14, s.10.

(2) The Minister, on the recommendation of the Financial Management Board and on behalf of the Government of the Northwest Territories, may enter into a collective agreement with an employees’ association.

(3) to (5) Repealed, RSNWT 1988,c.124 (Supp.), s.23.

(6) A collective agreement made between the Minister and an employees’ association is binding on the Government of the Northwest Territories, the employees’ association and the members of the bargaining unit to which the collective agreement applies.

(7) No collective agreement shall deal directly or indirectly with

RSNWT 1988, c.124(Supp.),s.23; SNWT 1996, c.1,s.4; SNWT 2003,c.16,s.4; SNWT 2015,c.13, s.172.

(1) The Minister or an employees’ association on behalf of the members of a bargaining unit may, by written notice, require the other party to commence bargaining collectively with a view to the conclusion, renewal or revision of a collective agreement.

(2) Where notice to bargain collectively has been given, the employees’ association and the Minister’s representatives shall, forthwith but in any case within 60 days after the notice has been given or within such further time as the parties may agree, meet and commence to bargain collectively in good faith. SNWT 1996,c.1,s.5.

(1) In this section,

"emergency situation" means an emergency as reasonably determined by the Minister; (situation d’urgence)

"essential services" means services that are necessary to ensure a continuation of minimal service

and includes services provided by the most senior employee at each power plant who has responsibility for the on-site operation of the plant. (services essentiels)

(2) Within 20 days after notice to bargain collectively has been given or within such further time as the parties may agree, the employees’ association and the Minister’s representatives shall bargain in good faith and make every reasonable effort to enter into a written agreement

(3) Where the parties have been unable to reach agreement under subsection (2) within 20 days after notice to bargain collectively has been given or within such further time as the parties may agree, a party may give notice to the other party, in writing,

(4) Where the parties agree on a person to act as arbitrator, the parties shall forthwith appoint that person as arbitrator.

(5) Where the parties are unable to agree on a person to act as arbitrator within the time period referred to in subsection (3), the Supreme Court shall, forthwith on the application of either party, appoint an arbitrator.

(6) The arbitrator shall,

(7) Within 14 days of the day an arbitrator is appointed, or such longer period as the parties may agree to, the arbitrator shall provide to the parties a report setting out his or her award in respect of each issue submitted to the arbitrators.

(8) Where an arbitrator is appointed, each party shall, subject to section 36 of the Arbitration Act, 1988, RSNWT 1988, c.A-5, pay its own costs and one-half of the fees payable to and the costs incurred by the arbitrator.

(9) Sections 10, 20 to 23, 31 and 32 of the Arbitration Act, 1988, RSNWT 1988, c.A-5, do not apply to the appointment of an arbitrator or to an arbitration under this section. SNWT 1996,c.1,s.5; SNWT 2022,c.14,s.78.

(1) Once an essential services agreement is made, the Minister shall notify each employee in the bargaining unit who, under the agreement, is required to work during a strike and shall indicate in the notice whether the employee is required to work to provide essential services or to respond to an emergency situation.

(2) During a strike, the Minister is entitled to require the following employees in the bargaining unit to work:

(3) An employee who has been notified that the Minister is entitled to require him or her to work during a strike to provide essential services may not strike.

(4) Where the Minister has determined that there is an emergency situation, an employee who has been notified that the Minister is entitled to require him or her to work during a strike to respond to an emergency situation, and who has been notified that the Minister requires him or her to work, may not strike during the emergency situation. SNWT 1996,c.1,s.5.

Change to Terms and Conditions of Employment

(1) Where notice to bargain collectively has been given, any term or condition of employment applicable to the employees in the bargaining unit in respect of which the notice was given that may be embodied in a collective agreement and that was in force on the day the notice was given shall remain in force, whether or not the collective agreement is still in effect, and shall be observed by the Minister, the employees’ association and the members of the bargaining unit, except as otherwise provided by any agreement that may be entered into by the Minister and the employees’ association, until

(2) The Minister may change any term and condition of employment applicable to the employees in a bargaining unit

SNWT 1996,c.1,s.5.

(1) Where the parties to collective bargaining have bargained collectively in good faith with a view to concluding a collective agreement but have been unable to reach agreement on any term or condition of employment, a party may give notice to the other party, in writing,

(2) On receipt of a notice given under subsection (1), the other party shall, within seven days, either agree to appoint a person whose name was submitted as mediator or give notice to the initiating party, in writing, submitting a list of names of persons who are acceptable to it to mediate the differences.

(3) Where the parties agree on a person to act as mediator, the parties shall forthwith appoint that person as mediator.

(4) Where the parties are unable to agree on a person to act as mediator or a party has not responded as required under subsection (2), the Supreme Court shall, forthwith on the application of either party, appoint a mediator. RSNWT1988,c.124(Supp.), s.24; SNWT 1996,c.1,s.6.

(1) The mediator shall, in a manner he or she considers fit, inquire into the differences of the parties and attempt to resolve them and shall, during the inquiry,

(2) Within 14 days of the day a mediator is appointed or within such further time as the parties may agree to, the mediator shall provide to the parties a report

(3) A recommendation made under paragraph (2)(a) must deal only with the terms and conditions of employment that are set out in the notice given under subsection 41.1(1). RSNWT 1988,c.124 (Supp.), s.24; SNWT 1996, c.1,s.7.

(1) No employee who is not a member of a bargaining unit shall participate in a strike.

(2) No employee who is a member of a bargaining unit shall participate in a strike where

SNWT 1996,c.1,s.9.

(1) No employees’ association shall declare or authorize a strike of employees, and no officer or representative of an employees’ association shall counsel or procure the declaration or authorization of a strike of employees or the participation of employees in a strike, the effect of which is or would be to involve the participation of an employee in a strike in contravention of section 42.

(2) No employees’ association shall threaten a strike of employees, and no officer or representative of an employees’ association shall counsel or procure the threat of strike of employees, that would involve the participation of an employee in a strike in contravention of section 42. SNWT 1996,c.1 ,s.9.

(1) The Minister may apply to the Supreme Court for an order listed in subsection (2) where the Minister alleges that

(2) On an application under subsection (1), the Supreme Court may make an order

(3) An order made under subsection (2)

(4) Where the Supreme Court makes an order under subsection (2), it may, on application by the Minister or the employees’ association subject to the order,

SNWT 1996,c.1,s.9.

(1) Every employee who contravenes section 42 is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000.

(2) Every officer or representative of an employees’ association who contravenes section 42.1 is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.

(3) Every employees’ association that contravenes subsection 42.1(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000 for each day that the strike declared or authorized by it in contravention of that section is in effect.

(4) Every employees’ association that contravenes subsection 42.1(2) is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000. SNWT 1996,c.1,s.9.

(1) No money deducted from an employee’s salary for payment to an employees’ association or paid to an employees’ association by an employee shall be used directly or indirectly on behalf of any political party or on behalf of any candidate for political office.

(2) The Minister shall not allow any deduction to be made from the salaries of employees for payment to an employees’ association unless the employees’ association delivers to the Minister a statutory declaration made by an officer, duly authorized by the employee’s association to make the statutory declaration, that the employees’ association is complying and will continue to comply with subsection (1). RSNWT 1988, c.124(Supp.), s.25.

(1) The Commissioner, on the recommendation of the Minister, may make regulations for carrying the purposes and provisions of this Act into effect and, without restricting the generality of the foregoing, may make regulations

(2) Regulations made under subsection (1) do not apply to Deputy Ministers, unless the regulations expressly so provide. RSNWT 1988,c.124 (Supp.), s.27; SNWT 2005,c.4,s.5; SNWT 2014,c.33,s.6.

(1) The Commissioner in Executive Council may, after consulting with the Equal Pay Commissioner, make regulations for the purposes of implementing sections 40, 40.1 and 40.3 to 40.8. SNWT 2003,c.16,s.5; SNWT 2020,c.13,s.8(14).

(2) Repealed, SNWT 2020,c.13,s.8(14).

(1) An employee who, on March 31, 1999, is employed in a position in the public service located at a place that will be in Nunavut upon its establishment, ceases to be employed in the public service on the expiration of March 31, 1999.

(2) An employee referred to in subsection (1) is not entitled to severance benefits or pay for the termination of his or her employment in the public service of the Northwest Territories.

(3) This section does not apply to an employee referred to in subsection (1) who is

(4) This section applies notwithstanding anything to the contrary in this Act or in any collective agreement or memoranda of understanding or agreement between an employees’ association and the Government of the Northwest Territories. RSNWT 1988,c.124(Supp.),s.28; SNWT 1999, c.1,Sch.D,s.1.