Territorial Emblems and Honours Act

Consolidated act
Citation
S.N.W.T. 2013, c.29
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cited by
  • None.

The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:

INTERPRETATION

Definitions

1.

In this Act,

"chairperson" means the chairperson of the Council referred to in subsection 23(1); (président)

"Chancellor" means the Chancellor of the Order referred to in section 15; (chancelier)

"Council" means the Northwest Territories Honours Advisory Council established under subsection 21(1); (Conseil)

"Order" means the Order of the Northwest Territories established under subsection 14(1); (Ordre)

"Secretary" means the Secretary of the Council referred to in subsection 26(1). (secrétaire)

TERRITORIAL EMBLEMS

Heraldry

Armorial

2.

The armorial bearings of the Northwest Territories

(a) consist of the Complete Armorial Achievement for the Northwest Territories, being the Arms granted by Her Majesty The Queen, by Royal Warrant on February 17, 1956, and as registered by the Chief Herald of Canada in Volume V, page 24, in the Public Register of Arms, Flags and Badges of Canada on April 20, 2006; and

(b) are described as follows:

ARMS: Per bend wavy Gules and Vert billety Or in sinister chief the mask of an Arctic fox Argent, on a chief indented Argent a barrulet wavy Azure;

CREST: A compass rose proper between two narwhals hauriant and addorsed Or.

Shield of arms

3.

The shield of arms of the Northwest Territories, granted by Her Majesty The Queen, by Royal Warrant on February 17, 1956, and as registered by the Chief Herald of Canada in Volume V, page 24, in the Public Register of Arms, Flags and Badges of Canada on April 20, 2006, is described as follows:

Per bend wavy Gules and Vert billety Or in sinister chief the mask of an Arctic fox Argent, on a chief indented Argent a barrulet wavy Azure.

Flag

4.

(1) The flag of the Northwest Territories is described as follows:

The flag is one of the proportions of two by length and one by width and consists of three vertical panels. The panels adjacent to the staff and on the fly are each 1/2 the width of the centre panel and are coloured blue (202-101). The centre panel is coloured white (513-201) and in the centre of the centre panel is the shield of arms of the Northwest Territories.

(The numbers in the description represent colours as set out in the Canadian Government Specifications Board Publication, Standard Paint Colours, Part I, 1-GP-12c 1965.)

Presence of flags

(2) The national flag of Canada and the flag of the Northwest Territories shall always be present in the place where and during the time when the Legislative Assembly is in session.

Tartan

5.

The Northwest Territories District Tartan recorded at the court of Lord Lyon, King of Arms of Scotland, with Scottish Tartans Authority Reference 662, is the official tartan of the Northwest Territories.

Emblems

Floral emblem

6.

The flower known botanically as Dryas integrifolia and called "mountain avens" is the floral emblem of the Northwest Territories.

Bird emblem

7.

The bird known ornithologically as Falco rusticolus and called "gyrfalcon" is the bird emblem of the Northwest Territories.

Fish emblem

8.

The fish known scientifically as Thymallus arcticus and called "Arctic grayling" is the fish emblem of the Northwest Territories.

Tree emblem

9.

The tree known botanically as Larix laricina and called "tamarack" is the tree emblem of the Northwest Territories.

Mineral emblem

10.

The mineral known as gold is the mineral emblem of the Northwest Territories.

Gemstone emblem

11.

The gemstone known as diamond is the gemstone emblem of the Northwest Territories.

Authorized Use, Reproduction or Display

Speaker

12.

The Speaker may authorize the use, reproduction and display of the armorial bearings of the Northwest Territories described in section 2.

Offences

Speaker’s authorization required

13.

(1) A person shall not, without the authorization of the Speaker, assume, use, reproduce or display the armorial bearings of the Northwest Territories described in section 2.

Offence

(2) A person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than $5,000 and, in the case of a continuing offence, to a further fine of not more than $500 for each day that the offence continues.

ORDER OF THE NORTHWEST TERRITORIES

Order

Order established

14.

(1) The Order of the Northwest Territories is established as an official honour of the Northwest Territories and consists of those persons who become members under this Act.

Object

(2) The object of the Order is to recognize individuals who have served with the greatest distinction and excelled in any field of endeavour benefiting the people of the Northwest Territories or elsewhere.

Chancellor

15.

The Commissioner is, by virtue of his or her office, a member of the Order and the Chancellor of the Order.

Membership

Membership

16.

Subject to section 20, on being invested with the Order, a person is a member of the Order for life.

Precedence

17.

The Order is the highest honour of the Northwest Territories and takes precedence over any other orders, decorations and medals of the Northwest Territories.

Letters patent

18.

A member of the Order must receive letters patent signed by the Chancellor and sealed with the Seal of the Northwest Territories.

Insignia and

19.

(1) The insignia of the Order include

(a) a medal of the prescribed design for members of the Order;

(b) a lapel pin of the prescribed design for members of the Order; and

(c) a badge of the prescribed design for the spouses of members.

Entitlements

(2) A member of the Order is entitled to

(a) wear the insignia of the Order as a decoration; and

(b) use the initials "O.N.W.T." after his or her name.

Termination of Membership

Resignation

20.

(1) A member may resign from the Order by giving written notice of intention to resign, signed by the member, to the Chancellor.

Termination

(2) The Chancellor may terminate a person’s membership in the Order on the recommendation of the Council.

Effective date

(3) If a person’s membership in the Order is to be terminated under subsection (2), the termination is effective when the letters patent respecting the person’s membership are revoked by the Chancellor.

Return of items

(4) If a person ceases to be a member of the Order under subsection (1) or (2), the person shall immediately return to the Secretary the letters patent and the insignia of the Order that were presented to that person on his or her investiture with the Order.

Reinstatement

(5) On the recommendation of the Council, the Chancellor shall

(a) reinstate the Order to a former member whose membership has been terminated under subsection (2); and

(b) return to the reinstated member the letters patent and insignia of the Order that were presented to that person on his or her investiture with the Order.

Northwest Territories Honours Advisory Council

Council established

21.

(1) The Northwest Territories Honours Advisory Council is established.

Members

(2) The Council is composed of

(a) the Speaker of the Legislative Assembly, by virtue of his or her office;

(b) not more than five members of the public appointed by the Legislative Assembly on the recommendation of the Board of Management; and

(c) the Secretary to the Cabinet, by virtue of his or her office.

Term of office

22.

(1) A member of the Council appointed under paragraph 21(2)(b) holds office at pleasure for a term not exceeding three years.

Reappoint- ment

(2) A member of the Council may be reappointed to the Council.

Remuneration

(3) A member of the Council is not entitled to remuneration but shall be reimbursed for reasonable expenses incurred in the performance of his or her duties at the rates provided for members of the public service as defined in subsection 1(1) of the Public Service Act.

Chairperson, deputy chairperson

23.

(1) The Legislative Assembly, on the recommendation of the Board of Management,

(a) shall designate a member of the Council as chairperson of the Council; and

(b) may designate a member of the Council as deputy chairperson of the Council.

Acting chairperson

(2) The Council members may designate one of its members to be an acting chairperson, if

(a) the chairperson is absent or unable to act; and

(b) the deputy chairperson is absent or unable to act, or the office of deputy chairperson is vacant.

Powers and duties of acting chairperson

(3) For the period of his or her designation an acting chairperson has all the powers and shall perform the duties of the chairperson.

Duties of

24.

The Council shall

(a) meet at least once in each calendar year;

(b) consider nominations for the Order; and

(c) submit to the Chancellor lists of nominees who, in the opinion of the Council, are worthy of receiving the Order.

Bylaws

25.

The Council may determine the procedures for the conduct of its business.

Secretary

Secretary

26.

(1) The Clerk of the Legislative Assembly is the Secretary of the Council.

Duties

(2) The Secretary of the Council shall

(a) maintain the records of the Order and the Council;

(b) arrange for investitures and presentations; and

(c) perform any other functions with respect to the Order that the Council may require.

Criteria for the Order

Residency

27.

(1) Subject to subsections (2) and (3), Canadian citizens who are current or former residents of the Northwest Territories are eligible to receive the Order.

Ineligibility

(2) The following classes of persons are not eligible to receive the Order while holding office:

(a) members of the Legislative Assembly;

(b) members of the House of Commons;

(c) judges of any court of any territory or province or of Canada;

(d) elected leaders of aboriginal governments;

(e) mayors and municipal councillors.

Posthumous conferral

(3) The Order may be conferred posthumously on a person who died not more than one year after being nominated under section 28.

Honorary member

(4) Notwithstanding subsection (1), a person who is not a Canadian citizen or who is not a current or former resident of the Northwest Territories may be invested with the Order as an honorary member of the Order on the recommendation of the Council.

Process for Receiving the Order

Nomination

28.

(1) Individuals and organizations may nominate individuals to receive the Order.

Submission to Secretary

(2) Nominations must be submitted to the Secretary in a form approved by the Council.

Submission to Council

(3) The Secretary shall submit to the Council, for its approval, the nominations submitted under subsection (2).

Submission to Chancellor

(4) The chairperson shall recommend the nominees approved by the Council to the Chancellor for investiture with the Order.

Investiture

(5) The Chancellor shall invest with the Order those nominees approved by the Council under subsection (4) to be invested with the order.

Restriction on investitures

(6) The Chancellor shall invest with the Order

(a) not more than 10 persons in the first two years after the date of coming into force of this Act; and

(b) not more than three persons every year thereafter.

Offences

Unauthorized use of Order

29.

(1) A person who is not a member of the Order shall not

(a) hold himself or herself out as a member of the Order;

(b) display or use any insignia of the Order unless he or she:

(i) is a spouse of a member, and

(ii) displays or uses the badge referred to in paragraph 19(1)(c); or

(c) use the initials of the Order after his or her name.

Fine

(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.

REGULATIONS

Regulations

30.

The Commissioner may, on the recommendation of the Board of Management, make regulations

(a) prescribing the design of the medal of the Order under paragraph 19(1)(a);

(b) prescribing the design of the lapel pin of the Order under paragraph 19(1)(b);

(c) prescribing the design of the badge for the spouse of a member of the Order under paragraph 19(1)(c); and

(d) respecting any other matter the Commissioner considers necessary or advisable for carrying out the purposes and provisions of this Act.