Section 3. Land Tenure Instrument and Requirements
3.1 Types of land tenure instruments
Issue
The Northwest Territories Lands Act and Commissioner’s Land Act provide inconsistent authorities for issuing land tenure instruments. Further, there is no explicit authority in the Northwest Territories Lands Act and Commissioner’s Land Act to issue different land tenure instruments for temporary, long-term, exclusive, and non-exclusive uses and occupancy of public lands (for example, licences, permits, authorizations, or notations).
Background
The Northwest Territories Lands Act provides the authority for the “sale, lease and licensing or other disposition” of Territorial Lands. The Northwest Territories Lands Act does not provide specific authority for other land tenure instruments giving non-exclusive permission to use public land for a specific purpose for a specified period of time.[1]
The Commissioner’s Land Act provides the authority for the “sale, lease or other disposition” of Commissioner’s Land. The Commissioner’s Land Act does not provide explicit authority for issuing licences or other land tenure instruments giving non-exclusive permission to use public land for a specific purpose for a specified period of time.[2]
The legislation does not provide explicit authority, in particular relating to the regulation-making authority, for the issuance of a licence or other instrument where exclusive use and long-term possession (for example in the form of a lease) is not necessary.
Recommended Action
- Clarify the authorities to issue different types of land tenure instruments for a range of land uses and occupancy (including non-exclusive or exclusive use, and temporary or long-term occupancy) under the Northwest Territories Lands Act and the Commissioner’s Land Act.
Rationale
The recommended action will support ongoing GNWT initiatives and discussions relating to the availability of tools for land administration and management. Eventually, the recommended action will provide clarity for different uses of land. Further analysis and public input will be required to determine the types of land tenure instruments best suited to the needs and interests of Northern residents. Further analysis is also required to determine the best terminology to be used in order to avoid confusion or complications with authorizations issued under other legislation, such as the Waters Act.
Alternatively, the Department could potentially develop policies to clarify the various types of land tenure instruments available under the Northwest Territories Lands Act and Commissioner’s Land Act, rather than amending the legislation.
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 the Northwest Territories Lands Act and Commissioner’s Land Act
- improve clarity with respect to legislative authority
3.2 Clarify when a land tenure instrument is required
Issue
The Northwest Territories Lands Act and Commissioner’s Land Act each contain provisions for addressing unauthorized use, possession or occupancy of public lands. However, neither the Northwest Territories Lands Act nor the Commissioner’s Land Act explicitly indicates when a land tenure instrument or authorization is required for land use or occupancy. This creates uncertainty in administration where a person has other permission, such as a land use permit or other authorization under other legislation (such as the federal Mackenzie Valley Resource Management Act) to undertake an activity.
Background
The Northwest Territories Lands Act and Commissioner’s Land Act generally do not set out when the use of land would require a land lease or other land tenure instrument. However, the Mining Regulations, under the Northwest Territories Lands Act, require that subsurface mineral rights be accompanied by surface rights (such as a land lease) before a mine can enter into production.
The Northwest Territories Lands Act and Commissioner’s Land Act do not create linkages between other potential land uses that may require separate rights and interests. Establishing criteria will help clarify when obtaining a land lease or other land tenure instrument for all uses of land is necessary, for example for oil and gas activities, and tourism.
Recommended Actions
- Clarify the types of land occupancy or uses that require a land lease or other land tenure instrument.
Rationale
This will provide clarity to land users and the public about the differences between permissions and authorizations required for various types of land use and occupancy. It will also ensure there is authority to collect land rents and other revenue for occupancy. Policy work and regulatory amendments will be required to support this recommended action.
The recommended action will help to achieve the following goals:
- align provisions in the Northwest Territories Lands Act and Commissioner’s Land Act
- provide clarity and transparency to land users
- minimize operational challenges in land administration
[1] See sections 6 and 19(k) of the Northwest Territories Lands Act.
[2] See sections 3(1) and 12(i) of the Commissioner’s Land Act.