1.1 Roads, streets, lanes and trails on public lands

Issue

The Commissioner’s Land Act applies to all roads, streets, lanes and trails on public lands, including those within Territorial Lands. The Northwest Territories Lands Act does not apply to roads, streets, lanes and trails on public lands. The result is a patchwork of Territorial and Commissioner’s Lands, which present challenges for land administration.

Background

Prior to devolution, the GNWT had administration and control over roads, streets, lanes and trails on public land. With devolution, the Commissioner’s Land Act continues to apply to all roads, streets, lanes and trails on public lands including those within Territorial Lands.^[1] Further, many roads, streets, lanes and trails are not formally identified in land records, resulting in undefined boundaries between lands under the Northwest Territories Lands Act and Commissioner’s Land Act. 

Recommended Action

• Propose that all roads, streets, lanes and trails within Territorial Lands are managed under the Northwest Territories Lands Act while all roads, streets, lanes and trails within Commissioner’s Land continue to be managed under the Commissioner’s Land Act.

Rationale

The recommended action will help to achieve the following goals:

• enhance consistency in the application of the Northwest Territories Lands Act and Commissioner’s Land Act

• minimize operational challenges in land administration

1.2 Beds of bodies of water

Issue

The Northwest Territories Lands Act applies to most beds of bodies of water. The result is a patchwork of Territorial Land and Commissioner’s Land, which presents challenges for land administration.  

Background

Prior to devolution, the federal government transferred blocks of land, in and around communities to the GNWT. The federal government reserved beds of bodies of water and rights to water; these were managed under the federal Territorial Lands Act. Since devolution, beds of bodies of water continue to be managed as Territorial Lands under the Northwest Territories Lands Act, including most beds of bodies of water located within Commissioner’s Land.

Recommended Action

• Propose that all beds of bodies of water within Commissioner’s Land are managed under the Commissioner’s Land Act, while beds of bodies of water within Territorial Lands continue to be managed under the Northwest Territories Lands Act.

Rationale

The recommended action will help to reduce uncertainty about which act applies to beds of bodies of water in communities and support the efficiency of administration under the Northwest Territories Lands Act and Commissioner’s Land Act.

The recommended action will help to achieve the following goals:

• align provisions in the Northwest Territories Lands Act and Commissioner’s Land Act

• enhance consistency in the application of Northwest Territories Lands Act and Commissioner’s Land Act

• minimize operational challenges in land administration