4.1 Minister cannot authorize the sale of more than 160 acres of Territorial Lands

Issue

The Northwest Territories Lands Act limits the Minister’s authority for sale of large parcels of Territorial Lands without approval of the Executive Council. The Commissioner’s Land Act does not contain the same limit.

Background

The Northwest Territories Lands Act provides that not more than 160 acres of Territorial Lands may be sold to a person without the approval of the Commissioner in Executive Council.^[1] There is no such restriction of the Minister’s authority to sell Commissioner’s Land.

Recommended Action

• Propose adding the limitation in the Northwest Territories Lands Act to the Commissioner’s Land Act to the amount of Commissioner’s Land the Minister may sell to no more than 160 acres without the approval of the Executive Council. 

Rationale

The recommended action sets a reasonable limit on the Minister’s authority to sell Commissioner’s Land.

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

4.2 Minister cannot authorize lease for more than 640 acres of Territorial Lands

Issue

The Northwest Territories Lands Act sets out a statutory limitation on the Minister’s authority to authorize a lease for more than 640 acres of Territorial Lands without approval of the Executive Council. Where a leaseholder requires additional land for a new or existing project, there are administrative costs and procedures involved which can unnecessarily delay resource development projects. The limitation is a historic measure and redundant today given the procedural checks and balances on ministerial powers. There are no such limitations in the Commissioner’s Land Act.

Background

The Northwest Territories Lands Act provides that except for grazing land the Minister may not lease more than 640 acres of Territorial Lands to a person without the approval of the Commissioner in Executive Council. This limitation is not in the Commissioner’s Land Act.^[2] The 640-acre limit is a cumulative total for any person in any place the NWT. For example, once a company reaches the 640-acre limit, even if some or all of the lands are no longer leased, Executive Council approval is required each time additional land is leased.

Recommended Action

• Propose to allow the Minister to authorize the lease of over 640 acres of Territorial Lands, consistent with the authority to lease Commissioner’s Land.

Rationale

The recommended action will eliminate the need to obtain approval from the Executive Council for applications for additional land under existing leases. This will support more efficient regulatory processes for larger projects by avoiding duplication in decision-making. If any limits on the Minister’s authority were to be required in the future, they could be set out by the Executive Council in regulations.

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
• modernize legislation by removing or updating out-dated provisions or terminology
• minimize operational challenges in land administration

4.3 Minister cannot authorize lease for more than 6,400 acres of Territorial Lands that are hay lands or that are suitable for the purposes of muskrat farming or grazing

Issue

The Northwest Territories Lands Act limits the Minister’s authority to authorize the leasing of more than 6,400 acres of land suitable for grazing or muskrat farming. The provision is historic and no longer relevant. There is no such provision in the Commissioner’s Land Act. 

Background

The Northwest Territories Lands Act provides that where Territorial Lands are hay lands or lands suitable for grazing or muskrat farming, not more than 6,400 acres may be leased by a person without the approval of the Commissioner in Executive Council.^[3] It is unlikely that the amount of land leased for muskrat farming or for grazing would ever exceed 6,400 acres.

Recommended Action

• Propose that the Minister’s ability to authorize the lease of Territorial Lands is not limited by the land’s use as hay land or its suitability for muskrat farming or grazing, consistent with the authority to lease Commissioner’s Land.

Rationale

The recommended action will help to achieve the following goals:

• align provisions in the Northwest Territories Lands Act and Commissioner’s Land Act
• modernize legislation by removing or updating out-dated provisions or terminology

4.4 Prohibition on sale of lands suitable for muskrat farming

Issue

The Northwest Territories Lands Act prohibits the sale of lands suitable for muskrat farming. This is a historic provision and is no longer relevant. There is no such provision in the Commissioner’s Land Act.

Background

The Northwest Territories Lands Act contains a provision that prohibits the sale of Territorial Lands suitable for muskrat farming. ^[4]

Recommended Action

• Propose that the ability to sell Territorial Lands is not limited by its suitability for muskrat farming.  

Rationale

The recommended action will help to achieve the following goals:

• align provisions in the Northwest Territories Lands Act and Commissioner’s Land Act
• modernize legislation by removing out-dated provisions or terminology

4.5 Protection of works for the movement of timber

Issue

The Northwest Territories Lands Act provides protection of rights associated with the movement of timber. This provision is historic and is no longer relevant. It unnecessarily encumbers land titles and leases. There is no such provision in the Commissioner’s Land Act.

Background

The Northwest Territories Lands Act provides statutory protection in all Territorial Lands sales, leases or other dispositions of any rights and works (dams, piers, booms, portages, etc.) associated with the movement of timber.^[5] 

Recommended Action

• Propose removal of the statutory reservation with respect to rights associated with the movement of timber.

Rationale

The recommended action will create greater certainty for land titles and leases.

The recommended action will help to achieve the following goals:

• align provisions in the Northwest Territories Lands Act and Commissioner’s Land Act
• modernize legislation by removing or updating out-dated provisions or terminology