Thank you. Now we will be dealing with Bill 27, An Act to Amend the Land Titles Act. The Honourable Stephen Kakfwi, the Minister, are you ready for opening remarks?
Minister's Introductory Remarks
Bill 27: An Act To Amend The Land Titles Act
In the Legislative Assembly on April 27th, 1995. See this topic in context.
Bill 27: An Act To Amend The Land Titles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Bill 27: An Act To Amend The Land Titles Act
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Stephen Kakfwi Sahtu
Thank you, Mr. Chairman. The primary purpose of this bill is to allow the transfer of documents into the land titles system where these documents are presently filed with a government department administering land, but the documents do not meet the current requirements of the Land Titles Act.
These changes are now essential because of this government's obligation under the Nunavut land claims agreement to transfer most of the land within the built up area of each municipality to the municipality. These transfers are to be subject to the existing interests of third parties and, in fact, much of this land has been leased to residents and businesses in the community. The department administering the lease has allowed those who have had dealings with the lessee, for example, a mortgagee or a person taking an assignment of the lease, to deposit their documents in the government files. Since the land is not within the land titles system, most of these documents were not drafted to comply with the requirements of the Land Titles Act and, therefore, cannot presently be registered.
These amendments to the act would change some of these requirements and add some new options in order to provide a means by which officials of the Department of Municipal and Community Affairs may transfer documents on their records to the land titles office without the active participation of the owners of the third-party interests. At the same time, the amendments are drafted to ensure that the priority and validity of each of these interests is maintained and the integrity of the land title system is not compromised.
Those amendments which have been included in the bill but which are not related to the primary purpose of the bill are either technical changes in keeping with developments in the general law in this area or are of a housekeeping nature. A draft of this bill was circulated to those directly affected by the proposed changes. Response has been positive with the only alterations on the draft bill being technical changes to clarify the intent of certain sections. I would be pleased, once again, to respond to questions that Members may have, with the help of my officials. Thank you.
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The Chair John Ningark
Thank you. On behalf of the Standing Committee on Legislation, I would like to ask Mr. Whitford, do you have any opening comments?
Standing Committee On Legislation Comments
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Tony Whitford Yellowknife South
Thank you, Mr. Chairman. There's been a number of difficulties in bringing Nunavut lands into the land titles system. The difficulties arise while attempting to transfer interests that are on record in the territorial lands system and put them in the land titles system. The amendments contained in Bill 27 are intended to deal with the problems that have been encountered when attempting to bring instruments and other registrations from one system to the other.
The committee supports the amendments which allow for the transfer of documents from one system to another while ensuring that third-party interests are preserved and the integrity of the land titles system is protected. On March 29, 1995, the committee passed a motion that Bill 27, An Act to Amend the Land Titles Act, was ready for consideration in committee of the whole. That's the end of our report, Mr. Chairman.
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The Chair John Ningark
Thank you. I would now like to ask the Minister to bring in his witnesses if he so wishes. Do we have the concurrence of the committee that the honourable Minister shall bring in his witnesses?
Bill 27: An Act To Amend The Land Titles Act
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Proceed. Mr. Minister, for the record, please introduce your witnesses to the committee.
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Stephen Kakfwi Sahtu
Mr. Chairman, on my right, Diane Buckland, legislative council. On my left, Gary MacDougall, director of legal registries.
Bill 27: An Act To Amend The Land Titles Act
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The Chair John Ningark
Thank you. Do we have general comments from the floor? Mr. Zoe.
General Comments
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Henry Zoe North Slave
Mr. Chairman, if I could ask how the interim action affects the amendments that are being proposed.
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The Chair John Ningark
Thank you. The honourable Minister.
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Bill 27: An Act To Amend The Land Titles Act
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April 26th, 1995
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Macdougall
I'm sorry, Mr. Chairman, I didn't quite catch the question.
Bill 27: An Act To Amend The Land Titles Act
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The Chair John Ningark
Thank you. Mr. Zoe, please repeat the question.
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Henry Zoe North Slave
Mr. Chairman, we're amending the Land Titles Act to do a number of things. My question was regarding interim land protection that certain groups have in certain areas which would also include municipal lands in some cases, and so forth. How does that tie in with what's being proposed here? Does it have any impact on interim land protection?
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The Chair John Ningark
Merci. Mr. MacDougall.
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Macdougall
This bill has no impact on that particular aspect of land tenure. The ability of the government or the instances in which the government decides that they want to deal with land is unaffected by the bill. Once they've made the decision, then this bill simply provides options which don't currently exist to deal with those interests, but it doesn't add or change anything in relation to the interim protection of lands that might be subject to claims.
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The Chair John Ningark
Thank you. Clause 1. Mr. Zoe.
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Henry Zoe North Slave
Say a specific area has interim protection. We make reference to leases that could be transferred to another third party. We talk about lands being transferred or given up. By making these amendments, if somebody wants to transfer a lease of land to another person while the interim protection was in that area, would that still occur or would the government not even deal with it if there is interim land protection in place?
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The Chair John Ningark
Thank you. Through the honourable Minister, Mr. MacDougall.
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Macdougall
Thank you, Mr. Chairman. At the moment, such a transfer of a lease would be permitted and would be recorded in, generally speaking, the records of Municipal and Community Affairs. Once they had taken steps to have the land entered into the land title system, the same transfer with the same effect would take place simply within the land titles system. Thank you, Mr. Chairman.
Clause By Clause
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The Chair John Ningark
Thank you. Clause 1. Agreed?
Bill 27: An Act To Amend The Land Titles Act
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Some Hon. Members
Agreed.
---Agreed
Bill 27: An Act To Amend The Land Titles Act
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The Chair John Ningark
Thank you. Clause 2. Agreed?
Bill 27: An Act To Amend The Land Titles Act
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 3 of Bill 27. Agreed?
Bill 27: An Act To Amend The Land Titles Act
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Some Hon. Members
Agreed.
---Agreed
Bill 27: An Act To Amend The Land Titles Act
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The Chair John Ningark
Thank you. Clause 4. Do we have agreement?
Bill 27: An Act To Amend The Land Titles Act
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 5. Agreed?
Bill 27: An Act To Amend The Land Titles Act
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 6. Agreed?
Bill 27: An Act To Amend The Land Titles Act
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 7.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Qujannamiik. Clause 8.
Bill 27: An Act To Amend The Land Titles Act
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Merci. Clause 9.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Merci. Clause 10.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 11.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Qujannamiik. Clause 12. Mr. Dent. I guess Mr. Dent was signalling to one of the Pages. We'll continue. Clause 12.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 13.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 14.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 15.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 16.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 17.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Qujannamiik. Clause 18.
Bill 27: An Act To Amend The Land Titles Act
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 19.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 20.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Qujannamiik. Clause 21.
Bill 27: An Act To Amend The Land Titles Act
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 22.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 23.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 24.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 25.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Clause 26.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Clause 27. Mr. Zoe.
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Henry Zoe North Slave
Mr. Chairman, could I ask why only certain sections of the act are going to come into force by order of the Commissioner?
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The Chair John Ningark
Thank you. Mr. Minister.
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Stephen Kakfwi Sahtu
Mr. Chairman, I understand that certain sections require regulations to be done and put into effect. That is the reason. Some of these require regulations to be drafted.
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The Chair John Ningark
Thank you. Clause 27.
Bill 27: An Act To Amend The Land Titles Act
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you very much. Bill as a whole.
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Does the committee agree that Bill 27 is ready for third reading?
Bill 27: An Act To Amend The Land Titles Act
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Some Hon. Members
Agreed.
---Agreed
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The Chair John Ningark
Thank you. Bill 27 is now ready for third reading. I would like to thank the honourable Minister and the witnesses for appearing before the committee.