Other Issues
Other issues requiring further discussion and analysis were identified through the review of the Northwest Territories Lands Act and Commissioner’s Land Act. Many of the issues addressed were raised internally, within the GNWT. Other issues include, but are not limited to:
- The term “land” is not consistently defined in the Northwest Territories Lands Act and Commissioner’s Land Act. Defining land clearly in the two lands acts may address specific issues that arise for land administration.
- The Northwest Territories Lands Act refers to “lands” and the Commissioner’s Land Act refers to “land”. Although this is a minor difference between the acts and regulations, it often adds confusion and results in errors when referencing legislation.
- The Northwest Territories Lands Act and Commissioner’s Land Act do not adequately distinguish quarrying activities from mines. The legislation creates uncertainty as to whether the Mine Health and Safety Act applies to quarrying activities that are managed under the Northwest Territories Lands Act and Commissioner’s Land Act.
- Pursuant to the Commissioner’s Land Act and the Quarrying Regulations under the Northwest Territories Lands Act, certain persons or entities are not required to pay application fees and royalties for quarrying activities. It is possible that additional persons or entities not included in the acts and regulations should not be required to pay fees and royalties for certain activities.
The Department invites comments on the above-noted issues, as well as other administrative or technical issues not mentioned in this document relating to the Northwest Territories Lands Act and Commissioner’s Land Act.