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.