This is page numbers 295 - 364 of the Hansard for the 14th Assembly, 3rd 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 communities.

Topics

Recommendation 1
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Thank you, Ms. Lee. Mr. Murray.

Recommendation 1
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Murray

Thank you, Mr. Chairman. The lands administration review that was done outlined a number of significant areas that needed to be looked at in terms of catch up in the backlog of leasing and lease invoicing. Procedures needed to be developed and staff trained in those procedures. We need to take a look at some of our policies in place in terms of land pricing and land lease only, and a number of other ones. As a result of that, the first step in the work plan that we are talking about, which is largely internal, is working with all the regional staff as well as headquarters to get a handle on each of the areas where problems have been identified, is to get a handle on the number of leases that are out there that need to be updated, in terms of getting accurate information on invoicing and being behind in invoicing, and doing land transfers and those kinds of things. When the report was done, that kind of data was not available. We need that kind of data in terms of putting together a final overall strategy that we can then take forward to discuss with the Minister, or with Cabinet, or with the standing committee, or the communities.

Over the summer, the primary focus of our work is developing the database of accurate information that is going to tell me whether I have 2,000 leases or 2,500 exactly. A lot of that is working on the inventory system. A lot of it requires staff in the field to be going through various boxes and databases and getting that kind of information gathered for us. That is the internal work that is going on for the next two months. Once that is done, then we will be able to put together an accurate estimate on the time it might take to fix certain components, and then, depending on the volumes, looking at the magnitude and options of possible solutions. Thank you.

Recommendation 1
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 345

The Chair

The Chair Paul Delorey

Thank you, Mr. Murray. Ms. Lee.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Chairman. Going by the answers the deputy minister has given, it appears that it really is an internal administrative clean up. It is not a major big, policy change on land and administration or anything like that. I could appreciate that. I wonder if I could have the commitment from the Minister to provide to the committee the findings of the report and survey, and the detailed work plan. Thank you, Mr. Chairman.

Recommendation 1
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 345

The Chair

The Chair Paul Delorey

Thank you, Ms. Lee. Mr. Antoine.

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Jim Antoine Nahendeh

Yes, we will provide that information once the inter-departmental working group puts together their short-term work plan. Thank you.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Thank you, Mr. Antoine. Mr. Krutko.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Chairman. In regard to my comments earlier about the land claims agreements. There are certain provisions and sections that allow for the government to realize that there are certain benefits that arise from the claims, especially when it comes to land that they have selected in municipalities or communities. In some cases, because the lands are not developed, they are just rural lands which they have to pay property taxes on them. Also, there are sections in the agreement which talk about the Indian Affairs' or the federal government's responsibility to pay taxes for 15 years on lands that are designated IAB lands, Indian Branch Lands, that were selected during the land selection process. Has the government done an evaluation? Are you doing any tax acts or tax legislation to allow for these type of amendments so you encompass what is really spelled out in the land claims agreement when it comes to taxes and municipal taxes?

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Thank you, Mr. Krutko. Mr. Antoine.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Thank you. I think the honourable Member is referring to a land claims agreement with the Gwich'in, and in the implementation part of it, that is where this type of work would happen. In our study on land administration for the department, one area we identified that needs to be worked on is exactly what the honourable Member is talking about. There has not been the type of work put into the Gwich'in land claims implementation so far, with regard to trying to abide by the agreement. We realise, from the study, that there is quite a bit of work to be done. It is a backlog that needs to be cleaned up.

It may require a lot of work. It may even require changes to certain legislation, but we do not know right now. We are just initiating the work, the internal inter-departmental working group that I mentioned. That is one of the things that we will look at. Everything that is related to it, including the taxation that you are talking about, we are working with the Department of Finance as well. We are participating as a member of the inter-departmental working group, along with Justice and Aboriginal Affairs, and Finance. It is a task that we still have to do.

I cannot really answer you to see if we have done it or not. At this point, if some specific parts of it were a problem that arose, that were dealt with but generally, the overall implementation of that aspect of the Gwich'in claim has not been done. With this inter-departmental working group, we will try to develop a plan of action in how to resolve those outstanding issues. Thank you.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Thank you, Mr. Antoine. I would like to ask the Members to keep their conversations down please, and Ministers as well. Mr. Krutko.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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David Krutko

David Krutko Mackenzie Delta

Thank you. Mr. Chairman, because there is another provision here providing that aboriginal people can use these lands in the municipalities for certain purposes, in which they are exempt, especially using them for traditional pursuits. For example, using them to establish trappers' cabins, or set up a camp, or set up a tent frame inside the municipal boundaries.

In the case of Inuvik, the municipality tried to evict aboriginal people off these lands, but they were Gwich'in lands. They were undeveloped lands. They were living in tent frames and tents. The community tried to evict them. Under the land claim agreement, it is clear that those lands are not included under the classification of improved lands. They have the right as aboriginal people to use these lands for traditional purposes.

Has the department looked at how your laws or legislation is taking away an aboriginal right that an aboriginal group has retained through a land claim agreement, to be able to use these lands in municipalities at no cost, in which they can build cabins? They can set tent frames. They can put a fish camp if they want on these properties and not be penalized for it, or be evicted from it. That was a good example of what has happened to some Gwich'in people living in Inuvik.

Yet you as a government are a signatory to this agreement, but you did not amend your laws or make an attempt to ensure that the people who are imposing taxes or putting these tax bills forth, make them aware that these laws apply and have to be adhered to. This agreement overrides this legislation here because this is protected under federal legislation. These type of incidents are still happening. As a municipality with a responsibility for municipal taxes, you do ensure that you make an attempt to at least strive for improving the way this tax regime is to reflect what is in the agreements. That is just one of them.

Recommendation 1
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Thank you, Mr. Krutko. Mr. Antoine.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Thank you. I think if the honourable Member is talking about taxation, taxation is the responsibility of Finance. I think they are the ones that send the tax bills in non-tax based municipalities, and attempts to collect it. The Department of Municipal and Community Affairs' role would be to assess the lands or the property. The Member mentioned Inuvik. Inuvik is a tax-based municipality. If these properties would then be municipal boundaries of Inuvik, and if it is Gwich'in land according to the claims, then there is a problem that I did not know existed. This is the first time I have heard about it. Certainly this is something we have to look at. It is something that should be dealt with at the implementation table. If it has not been raised there then...

If it is in the agreement that they should not pay taxes, and if it is happening, then it is a problem we have to look at. Thank you.

Recommendation 1
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Thank you, Mr. Antoine. Mr. Braden.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Bill Braden

Bill Braden Great Slave

Thank you, Mr. Chairman. Mr. Chairman, under the area of lands administration, I would like to look at an issue, perhaps a perception of inequality in the cost of some types of leases around the Northwest Territories. Specifically to recreational and cottage leases in the Yellowknife area, Mr. Chairman.

Cabinet approved a policy in the last couple of years that there would be a $600 minimum lease cost annually, no matter what the type of lease. It is apparent that this applies across quite a wide field of leases from some smaller communities, where a very comprehensive range of services is provided: snow-clearing, fire protection, this kind of thing. Then to cottage and recreational leases, which may receive some road or access service and not much more. In one of the responses earlier today, I thought I heard a suggestion that some of these policies or legislation may be subject to review. I am wondering if this inequity between various types of leases and the services provided would be reflected in a review of the fee that is assessed, depending on the degree of service provided. Thank you, Mr. Chairman.

Recommendation 1
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Thank you, Mr. Braden. Mr. Murray.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Murray

Thank you, Mr. Chairman. Mr. Chairman, the first time I heard it put in that way was when I met with the association along the Ingraham Trail. There were more concerns about the assessed values. The issue on rent never came up per se, but it is certainly something that can be looked at when we review the policies as they relate to land leases. If there is a means of doing it that does not become overly complicated, that is fine.

The other comment is in some respects, it is very tough for anyone to know who is a permanent resident out there at times and who is a cottage dweller, or using it for temporary usage. That has to be factored into what we look at.

Recommendation 1
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 346

The Chair

The Chair Paul Delorey

Thank you, Mr. Murray. Mr. Braden.

Recommendation 1
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 346

Bill Braden

Bill Braden Great Slave

Thank you, Mr. Chairman. I appreciate the answer very much. I understand the complications that are introduced there. It is a lead-in to the other concern I had in this area, and that has to do with the degree of monitoring, inspection and enforcement of the conditions that apply to leases, and also to the growing number of squatters that are cropping up along the Ingraham Trail in what we call cottage country in this area. I do not believe there have been any program of developing recreational lots in this area, primarily due to the complications from land claims for a number of years.

I think what we are seeing is kind of a pent-up demand for people wanting recreational access to the lakes and the great outdoors. The squatters are kind of pushing the envelope. It comes back to this department on the Crown land and the federal government on their Crown lands to do something about this. There is plenty of room out there, Mr. Chairman, for more of this kind of development, but until, if and when land claims are settled, unless this area of enforcement and inspection is not going to be brought into play, this is going to become a larger problem. I think that when claims are settled, this is going to be an outstanding difficulty that someone will have to clean up.

I guess my question would be is the department aware of this and what kind of moves are they looking at to look after this responsibility? Thank you.

Recommendation 1
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Thank you, Mr. Braden. Mr. Antoine.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Thank you, Mr. Chairman. Mr. Chairman, the department is aware of the situation of people who are putting cabins out on the different lakes along the Ingraham Trail and elsewhere. There are different types of leases out there. I understand there are some federal Crown land leases. There are some Commissioner's land leases. There are individuals who are building without any lease. The Member called them squatters.

We are aware of it. We are doing something about it. We have issued a letter to the different First Nations governments, the Akaitcho Territorial Government. We also wrote a letter to the North Slave Metis to make them aware of it, as well as to the association on the Ingraham Trail, to let them know this department is aware of the issue and asking how we should approach it. We do need to approach it. We intend to approach it. I think there are some good signals out there from the aboriginal side. The Akaitcho government have initialled a framework agreement. I think there are provisions in there on some sort of interim arrangements. That could be talked about. That may help some in that area.

We have to be sensitive to those types of claims that are being put forward. We need to approach it that way. Yes, we are doing something about it. Hopefully, in a short while here, we could move on it. I would like to have the deputy minister add more detail to that. Thank you.

Recommendation 1
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 346

The Chair

The Chair Paul Delorey

Mr. Murray.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Murray

Thank you, Mr. Chairman. Part of the problem that Municipal and Community Affairs has had over the years is that we really have no operational ability to enforce from a staff point of view. We do not have people out posting and doing those things you have to do to identify it. What we are trying to do is set up a relationship with DIAND and Fisheries and Oceans, Resources, Wildlife and Economic Development, other departments who have people who go out frequently.

We have also had discussions with the association themselves about how we can work with them to do the things you have to do to identify where the squatters are and the steps that have to be done to post notices, et cetera. There is a process in place for dealing with unauthorized occupancy of both our land and federal land. There is far more federal land out there than there is Commissioner's land. It would make sense to work in a concerted effort with the other parties involved.

Recommendation 1
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 347

The Chair

The Chair Paul Delorey

Thank you, Mr. Murray. Mr. Braden.