This is page numbers 429 - 460 of the Hansard for the 12th Assembly, 5th Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was chairman.

Topics

Bill 1: Appropriation Act, No. 2, 1994-95Committee Report 2-12(5): Review Of The 1994-95 Main Estimates
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 445

The Chair

The Chair Tony Whitford

Thank you, Mr. Gargan. Mr. Minister.

Bill 1: Appropriation Act, No. 2, 1994-95Committee Report 2-12(5): Review Of The 1994-95 Main Estimates
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 445

Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. I don't know if we have the information that the Member is asking for, but in today's time, there is a change with creation of Nunavut coming on. The cost associated with the creation of Nunavut is something that will have to be dealt with. To answer the particular question with regard to how much the government is spending or will be spending on such activities as the Arctic Winter Games, I am not able to respond to because they change with different locations that the Arctic Winter Games are in. I will also indicate, if my memory serves me correctly, that the funds that are used for the participation of our athletes in these particular Arctic Winter Games is around $450,000, which constitutes approximately 30 per cent of the costs associated with the Arctic Winter Games. That is, again, from memory. I believe 30 per cent is the amount that the government contributes. The rest is raised by Sport North Federation. Thank you, Mr. Chairman.

Bill 1: Appropriation Act, No. 2, 1994-95Committee Report 2-12(5): Review Of The 1994-95 Main Estimates
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 445

The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. Total O & M, $64 million. Mr. Gargan.

Bill 1: Appropriation Act, No. 2, 1994-95Committee Report 2-12(5): Review Of The 1994-95 Main Estimates
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 445

Samuel Gargan Deh Cho

You don't anticipate eliminating that sport event, then.

Bill 1: Appropriation Act, No. 2, 1994-95Committee Report 2-12(5): Review Of The 1994-95 Main Estimates
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 445

The Chair

The Chair Tony Whitford

Thank you, Mr. Gargan. Mr. Minister.

Bill 1: Appropriation Act, No. 2, 1994-95Committee Report 2-12(5): Review Of The 1994-95 Main Estimates
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 445

Silas Arngna'naaq Kivallivik

Mr. Chairman, at the present time, I believe this is a very popular program. That has not been considered at this point. Thank you, Mr. Chairman.

Bill 1: Appropriation Act, No. 2, 1994-95Committee Report 2-12(5): Review Of The 1994-95 Main Estimates
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 445

The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. Are there any further questions? Total O & M, $64.553 million. Agreed?

Bill 1: Appropriation Act, No. 2, 1994-95Committee Report 2-12(5): Review Of The 1994-95 Main Estimates
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 445

Some Hon. Members

Agreed.

---Agreed

Bill 1: Appropriation Act, No. 2, 1994-95Committee Report 2-12(5): Review Of The 1994-95 Main Estimates
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 445

The Chair

The Chair Tony Whitford

This item concludes the Department of Municipal and Community Affairs. Does the committee agree that this matter is concluded?

Bill 1: Appropriation Act, No. 2, 1994-95Committee Report 2-12(5): Review Of The 1994-95 Main Estimates
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 445

Some Hon. Members

Agreed.

---Agreed

Bill 1: Appropriation Act, No. 2, 1994-95Committee Report 2-12(5): Review Of The 1994-95 Main Estimates
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 445

The Chair

The Chair Tony Whitford

With that, I would like to thank the Minister for his appearance before the committee and thank the witnesses on behalf of the committee for their assistance to us. Does the committee agree that we move to Bill 2?

Bill 1: Appropriation Act, No. 2, 1994-95Committee Report 2-12(5): Review Of The 1994-95 Main Estimates
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 446

Some Hon. Members

Agreed.

---Agreed

Bill 2: An Act To Amend The Charter Communities Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

February 28th, 1994

Page 446

The Chair

The Chair Tony Whitford

We have agreement. Bill 2, An Act to Amend the Charter Communities Act. The bill will be found in your green legislation binders. Is the Minister prepared to give us opening remarks? Mr. Minister.

Bill 2: An Act To Amend The Charter Communities Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Silas Arngna'naaq Kivallivik

Mr. Chairman, I don't have my notes here with me. I would request a five minute break, Mr. Chairman.

Bill 2: An Act To Amend The Charter Communities Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Mr. Minister, the committee will take a short break and the bells will sound in approximately five minutes.

---SHORT RECESS

Bill 2: An Act To Amend The Charter Communities Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

The committee will now come back to order. When we recessed briefly, the Minister was about to make his introductory remarks. Minister Arngna'naaq.

Introductory Remarks

Bill 2: An Act To Amend The Charter Communities Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. I am pleased to address your committee today on these proposed amendments to legislation for municipal governments. Amendments will advance the government's priority of community self-government and prepare municipal governments for the administration of a most valuable community economic resource, which, in this case, is 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 the 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, and yet the Government of the Northwest Territories, for a long time, has had the 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 received 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 lands not required for government facilities and operations within the built-up areas of the Nunavut communities 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 land 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 that they have not exercised before. In the Nunavut Agreement, this 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 lands administrators in Nunavut municipalities. Community land, or municipal land, is a valuable 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 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 the municipal land administration by-laws have 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 third reading by 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 exists 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 clearer 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 interests 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 expressly 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 be deemed by the Minister to be in the public interest. Mr. Chairman, I will now be prepared to answer any detailed questions you or Members may have on the proposed amendments. Thank you, Mr. Chairman.

Bill 2: An Act To Amend The Charter Communities Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Minister of Municipal and Community Affairs, Mr. Arngna'naaq for that introduction. I would like to now call upon the Standing Committee on Legislation to make the committee comments. Mr. Gargan.

Standing Committee On Legislation Comments

Bill 2: An Act To Amend The Charter Communities Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 446

Samuel Gargan Deh Cho

Thank you, Mr. Chairman. The Standing Committee on Legislation has had a long history with this bill. The committee reviewed this bill as a tabled document in May

1993 and also as a bill in December of the same year. This is the third occasion the committee has had to review this bill. The committee held public hearings in both Fort Providence and Fort Simpson and also invited the surrounding communities of Kakisa, the Hay River reserve, Fort Liard, Wrigley and Yellowknife, on the principle of this bill. The committee would like to thank the Minister and his officials in the Department of Municipal and Community Affairs for presenting this bill in the communities and responding to the questions of the Members.

Bill 2 will amend the Charter Communities Act to clarify the municipal corporation's power to lease and subdivide lands and to set out land administration terms for the disposal of land by municipalities. Before being entitled to sell or lease their lands to others, charter communities would be required to pass a land administration by-law to provide guidelines for the disposition of the land. This by-law must be given public notice and must receive the approval of the Minister.

This bill also specifies when charter communities may dispose of personal property and clarifies that they may lease that personal property. As well, charter communities will be allowed to carry out a business to provide a service that may not necessarily be connected to the traditional municipal purposes if the Minister agrees it is in the public interest.

Members of the standing committee have reviewed this bill and are satisfied that the bill provides an appropriate structure within which charter communities may manage and administer lands.

Bill 2: An Act To Amend The Charter Communities Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Mr. Gargan. Mr. Minister, do you wish to bring in any witnesses to assist you in this matter?

Bill 2: An Act To Amend The Charter Communities Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Silas Arngna'naaq Kivallivik

Mr. Chairman, yes, I would.

Bill 2: An Act To Amend The Charter Communities Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 447

The Chair

The Chair Tony Whitford

Thank you. Does the committee agree that the Minister be allowed to bring in witnesses to assist him?

Bill 2: An Act To Amend The Charter Communities Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---Agreed

Bill 2: An Act To Amend The Charter Communities Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 447

The Chair

The Chair Tony Whitford

We have agreement. Mr. Sergeant-at-Arms, please escort the witnesses. Thank you. Mr. Minister, would you introduce your witnesses for the benefit of the committee.

Bill 2: An Act To Amend The Charter Communities Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. To my right is Mr. Shawn Flynn, the legal council for the legislative division of the Department of Justice and to my left is Mr. Richard Ashton, director of research and special projects for the Department of Municipal and Community Affairs.