Mr. Koe.

Thank you. The motion is in order. To the motion.

Question.

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Mr. Koe.

Thank you, Mr. Chairman. That concludes the Standing Committee on Agencies, Boards and Commissions report and that concludes Committee Report 10-12(4).

Thank you. Does the committee agree that Committee Report 10-12(4) of the Standing Committee on Agencies, Boards and Commissions is concluded?

Agreed.

---Agreed

Thank you. Now what is the wish of the committee? Mrs. Marie-Jewell.

Mr. Chairman, we would like to address Bill 2, Bill 3 and Bill 4. Thank you.

Does this committee agree that we deal with Bill 2, Bill 3 and Bill 4?

Agreed.

---Agreed

Thank you. Is the Minister prepared for his opening remarks?

Thank you, Mr. Chairman. Is this in relationship to Bill 2, Bill 3 and Bill 4?

Agreed.

---Agreed

Bill 2, An Act To Amend The Charter Communities Act

Introductory Remarks

Thank you, Mr. Chairman. I am pleased to address your committee for these proposed amendments to the legislation for municipal governments. They are amendments that will advance the government's priority of community self-government and prepare municipal governments for their administration of their most valuable community economic resource, municipal land.

At present, the Government of Canada and the Government of the Northwest Territories own and administer the great bulk of community lands in communities of the Northwest Territories. This situation is especially true in the eastern Arctic and in the predominantly Dene hamlets, charter communities and settlements in the western Arctic. Yet, the Government of the Northwest Territories, for a long time, has had a goal of transferring community lands to community governments.

Change is on the way. Mr. Chairman, as you know, legislation to implement the Nunavut final agreement receives its Royal Assent on July 9, 1993. Within three years of the passage of this settlement legislation, the vast majority of the Crown and Commissioner's land, not required for government facilities and operations, was in the built-up areas of the Nunavut communities, and will be transferred to the ownership and control of the 25 municipalities of the Nunavut settlement area.

We also anticipate that with the implementation of the Gwich'in claim, the finalization of the Sahtu claim and the preparations for other claims in the western Arctic, community governments there will be taking on new land management responsibilities.

All of these changes mean that most NWT municipalities will be undertaking major new land administration authorities and responsibilities they have not exercised before in the Nunavut agreement. This has been recognized in the Nunavut political accord. Pursuant to the bilateral funding agreement, $200,000 is being made available for the development of lands administration training materials for municipal administrations.

Additional funding will be made available for salary costs for municipal land administrators in Nunavut municipalities. Community land or municipal land is a invaluable and scarce resource, which must be managed well for present and future community residents.

It is in preparation for these changes that we are proposing amendments to the Cities, Towns and Villages Act, the Hamlets Act and the Charter Communities Act to provide that municipal corporations planning to dispose, that is sell or lease, municipal lands to the public, shall each adopt a land administration by-law.

The land administration by-law, for each municipal corporation, would set out, for the information and benefit of the public, the procedures the council will use when it sells or leases land. Primarily, the Government of the Northwest Territories, as represented by the Minister of Municipal and Community Affairs, will be interested in seeing that municipal land administration by-laws are open and fair policies and procedures concerning land sales or leases to members of the public, especially persons wishing to become home owners or small northern businesses wishing to acquire land to start up or expand.

Under the proposed amendments, the Minister would have the authority to review the land administration by-laws, prior to the third reading by the council, to ensure, in consultation with the municipal council, that these interests are addressed in the by-law.

The Minister's authority to exercise approval of by-laws before third reading already exist for community plans and zoning by-laws, which are related to land use. As in the case of these by- laws, the department will be prepared to assist municipal governments in drafting model land administration by-laws.

Mr. Chairman, the amendments also include clear authority for municipal corporations to acquire, hold and dispose of real and personal property. The definitions of personal property and real property have been expanded to allow municipalities to acquire, hold or dispose of interest in real or personal property, as well as the property itself.

The proposed amendments would also make it easier for a municipal corporation to carry on a business which provides a service that is not explicitly allowed by municipal legislation. The Minister would need to consider the business to be in the public interest.

Under the current legislation, the proposed business has to be for a municipal purpose defined in the acts and to be deemed by the Minister to be in the public interest. Thank you, Mr. Chairman.

Thank you. Would the chairman of the Standing Committee on Legislation like to make opening remarks?

Standing Committee On Legislation Comments

Yes. Thank you, Mr. Speaker. The Standing Committee on Legislation has considered Bill 2. This bill clarifies the powers of municipal corporations to lease and sub-divide land and to set out a land administration scheme for the disposal of land by municipalities. It also specifies when municipalities may dispose of personal property and clarifies that they may lease personal property. Municipalities, under the new amendment, would be allowed to carry out a business to provide a service that may not necessarily be connected to traditional municipal purposes, if the Minister agrees that it is in the public interest.

It is the Standing Committee on Legislation's understanding that the initiative for these amendments relating to the land administration by-law, come from the TFN agreement. Under that agreement, the Commissioner may convey to each municipal corporation the title to the lands within the built up area in the municipality. This must be done within three years of the date of ratification. However, under the agreement, a municipal plan must be in force in the community, if the municipality wishes to deal with the land. If a plan is not in force, the municipality must obtain the prior written permission of the Commissioner, if it wishes to create a legal, equitable estate. This bill provides the framework for the implementation of this part of the TFN agreement.

The standing committee appreciated the attendance of the former Minister of Municipal and Community Affairs, Mr. Titus Allooloo, and the department's officials at the public meetings held on May, 1993, when the tabled bill was reviewed.

Members of the standing committee questioned the former Minister extensively, particularly in the proposed land administration provisions. Members heard support expressed by the city of Yellowknife, who made a presentation at the public meeting, although it was noted that time would be required to implement the new process.

During our deliberations on December 1, 1993, the standing committee was satisfied that this bill would provide an appropriate structure within which municipalities could manage and administer land. Thank you, Mr. Chairman.

General Comments

Thank you. General comments. Mr. Arvaluk.

Thank you, Mr. Chairman. I require a clarification. The Minister and the chairman of the Standing Committee on Legislation did not state clearly where the municipal land provisions fits in this legislation. Other than that, I have no objection to it whatsoever. But I would like to have the clarification of where this municipal land provision would fit in this new amendment.

Thank you. Mr. Todd.

I wonder, if there are going to be a number of questions, I do have one technical expert and one legal expert I would like to call in, if I can. If I may, my understanding is that this act covers municipal land. We're not talking about anything else. It's within the municipal boundaries.

Mr. Arvaluk.