Recorded vote.

All those in favour? All those opposed? Motion is carried.

---Carried

---Applause

May I remind the House that, when you ask for a recorded vote, you ask for it immediately after question has been called and not after the chair asking for the motion. Thank you.

Item 15, motions. Item 16, first reading of bills. Item 17, second reading of bills. Item 18, consideration in committee of the whole of bills and other matters: Bill 1, Appropriation Act, No. 2, 1994-95; Bill 3, An Act to Amend the Cities, Towns and Villages Act; Bill 4, An Act to Amend the Hamlets Act; Committee Report 2-12(5), Review of the 1994-95 Main Estimates; Minister's Statement 5-12(5), Session Business; Tabled Document 1-12(5), Towards an NWT Mineral Strategy; Tabled Document 2-12(5), Building and Learning Strategy; and, Tabled Document 11-12(5), First Annual Report of the Languages Commissioner of the NWT for the Year 1992-93, with Mr. Whitford in the chair.

Agreed.

---Agreed

Yes, Mr. Chairman.

Thank you, Mr. Chairman. I am pleased to address your committee again today, this time with respect to Bill 3, An Act to Amend the Cities, Towns and Villages Act. As was mentioned two days ago, with respect to Bill 2, these bills have been in process for quite a while and they have had a very thorough review by the Standing Committee on Legislation.

At this time, I want to publicly thank all of the Members of the Standing Committee on Legislation for their assistance in bringing these bills to the stage where they can now be reviewed by the committee of the whole. I especially want to thank the chairman of the Standing Committee on Legislation, Mr. Gargan, for facilitating the extensive review of the bills, including public meetings in several communities.

I also want to thank the Member for Nahendeh, Mr. Antoine, for his keen interest and comments on this issue. All of this additional time spent in explaining and discussing the bills with the public has been very valuable, and this has allowed for a consensus to be reached between Cabinet and the Standing Committee on Legislation on an amendment to Bills 3 and 4.

Mr. Chairman, Bill 3, An Act to Amend the Cities, Town and Villages Act, proposes to amend legislation for these types of municipal government, and this will help to facilitate the implementation of the Nunavut land claim. As well, in all those areas of the NWT where land claims have been settled, the bill will help to advance the government's priority of community self-government and prepare municipal governments for the eventual administration of municipal lands.

As I mentioned with respect to Bill 2, which is a piece of companion legislation to Bills 3 and 4, the Government of Canada and the Government of the Northwest Territories presently administer the great bulk of community lands in the communities of the Northwest Territories. Devolution of this land administration program to community governments is not possible until aboriginal rights to community lands are first resolved, through the land claims process.

Now that some land claims in the NWT have been finalized, municipal legislation must be amended to facilitate the turnover of municipal lands in those communities where land claims are settled. Under the Nunavut final agreement, virtually all lands within the municipal boundaries of those 25 communities become municipal lands, and ownership of the vast majority of the built-up areas of these communities will be transferred to these municipalities. We also anticipate that, with the implementation of the Gwich'in claim and the finalization of the Sahtu claim, community governments there may want to assume ownership of community lands and land management responsibilities.

The GNWT is now developing land administration training materials for municipal administrations. As well, federal land claims implementation funding will be made available for salary costs for municipal land administrators in Nunavut municipalities. Municipal lands are a valuable 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 to provide that, in those communities where municipal lands will be created, 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. 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 this master 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 include clearer authority for municipal corporations to acquire, hold and dispose of real and personal property. Definitions of personal property and real property have been added in to make it clear that municipalities can 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. An example of this would be running the canteen in an arena. 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.

In closing, Mr. Chairman, I want to assure you that this bill will not prejudice aboriginal rights or any outstanding aboriginal claims negotiations. The legislation only applies to municipal lands, that is lands owned by a municipal corporation. It does not apply to band lands or any other aboriginal lands, nor does it apply to any private lands, Commissioner's lands or Crown lands.

The legislation also has nothing to do with how land becomes municipal land, aboriginal land or other types of land. In those communities where land claims are not yet settled, the GNWT land lease-only policy continues to remain in effect. As well, aboriginal rights are protected under the Constitution Act (1982), which is superior to any act of the Northwest Territories.

Mr. Chairman, I will now be prepared to answer any detailed questions that you or Members may have on the proposed bill. Thank you, Mr. Chairman.

Thank you, Mr. Chairman. The standing committee and this bill have a long history. The committee first had the opportunity to review this bill as a tabled bill in May of 1993, and then as a bill in November of the same year.

The committee would like to thank the Minister and his officials from the Department of Municipal and Community Affairs for presenting this bill during the public hearing, as well as for responding to the questions of the Members and the public.

The committee would also like to thank all the members of the public who made a presentation to this committee in response to this bill. The committee found the responses to be thought-provoking and informative.

The information and concerns expressed during the presentations were taken into consideration during our deliberation. The bill, as amended in the standing committee, amends the Cities, Towns and Villages Act to clarify that municipal corporations have the power to lease and subdivide land, and to set out a land administration sham for the disposal of land by municipalities.

Before being entitled to sell or lease their land to others, municipalities will be required to pass a land administration by-law to provide guidelines for the disposition of land. This by-law must be given public notice and must receive the approval of the Minister.

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

The standing committee held public hearings in Fort Providence, Fort Simpson and Yellowknife on this bill. During these hearings, the committee heard concerns that this bill may seem to provide additional authority to municipal corporations. It was stated during these hearings that this bill may, by further entrenchment of municipal authority, hinder future land claims and self-government negotiations.

In consideration of the concerns expressed, the committee, in cooperation with the Department of Municipal and Community Affairs, submitted motions to amend the bill. After considerable debate, the committee, with the concurrence of the Minister, voted in support of the motions drafted by the department.

The motion proposes the exemption of these municipal areas in the western Arctic that have expressed concern during the public hearings. The Deh Cho region had voiced strong opposition to the bill. Therefore, the department, through the motion to amend in the committee, exempted the village of Fort Simpson from the provision of this bill. Thank you, Mr. Chairman.

Yes, with the indulgence of the committee, I would.

Agreed.

---Agreed

Thank you, Mr. Chairman. To my right is Mr. Richard Ashton who is the director of research and special projects for the Department of MACA. To my left is Mr. Shawn Flynn, legislative counsel for the legislative division of the Department of Justice.

Clause by clause.

Agreed.

---Agreed

Clause By Clause

Agreed.

---Agreed