Commissioner's Land Act

Consolidated act
Citation
R.S.N.W.T. 1988, c.C-11
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Contents
1. Definitions 2. Lands to 3. Disposition of Commis- sioner’s land 3.1. Posting of security 4. Powers of 5. Application 6. Offence and punishment 6.1. Liability limited 7. Receipt for fees on application 8. Interest 8.1. Repealed 9. Repealed 10. Offence and punishment 11. Appeal 12. Regulations 13. Regulations and orders 14. Definition: "right, title or interest in land"
Regulations
Commissioner's Land RegulationsCommissioner's Land Withdrawal Order (Fort Resolution)Commissioner's Land Withdrawal Order (Fort Smith)Commissioner's Land Withdrawal Order (Hay River)Commissioner's Land Withdrawal Order (Yellowknife)

Definitions

1.

In this Act,

"administration agreement" means an agreement referred to in paragraph 3(1)(a); (entente sur l’administration d’une terre domaniale)

"Commissioner’s land" means lands to which this Act applies; (terres domaniales)

"granular materials" include limestone, granite, slate, marble, gypsum, marl, gravel, loam, sand, clay, volcanic ash and stone, but do not include minerals; (matière granuleuse)

"judge" means a judge of the Supreme Court; (juge)

"quarry" means any work or undertaking in which granular materials are removed from the ground or the land by any method, and includes all ways, works, machinery, plant, buildings and premises belonging to or used in connection with the quarry. (carrière) S.N.W.T. 1994,c.23,s.2.

APPLICATION

Lands to

2.

(1) This Act applies in respect of

(a) lands acquired by the Territories with Territorial funds before, on or after June 27, 1969,

(b) public lands the administration of which has before, on or after June 27, 1969, been transferred by the Governor in Council to the Territories,

(c) all roads, streets, lanes and trails on public lands, and

(d) lands acquired by the Territories pursuant to tax sale proceedings,

but does not apply in respect of any mines or minerals under or within such lands.

Non- application to territorial lands

(2) Subject to subsection (3), this Act does not apply in respect of lands that became territorial lands within the meaning of the Northwest Territories Lands Act, on or after the date that Act comes into force.

Transfer to administration

(3) The Commissioner in Executive Council may

(a) order that any Commissioner’s lands or category of Commissioner’s lands be dealt with, for some or all purposes, as territorial lands under the Northwest Territories Lands Act instead of under this Act; and

(b) prescribe the purposes for which Commissioner’s lands may be dealt with as territorial lands under that Act.

Interest unaffected

(4) If an interest has already been granted in the lands and still subsists when the order is made under subsection (3), that interest continues unaffected by the order and shall be respected and administered as if the order had not been made. S.N.W.T. 2014,c.13,s.57.

DISPOSITION OF COMMISSIONER’S LAND

Disposition of Commis- sioner’s land

3.

(1) Subject to this Act, the Commissioner may authorize the sale, lease or other disposition of Commissioner’s land, including

(a) an agreement delegating responsibility for the administration of Commissioner’s land to a municipal corporation or any other person; and

(b) a permit authorizing the removal of granular materials from a quarry on Commissioner’s land.

Quarries

(1.1) For greater certainty, the Commissioner may, under subsection (1), authorize a lease or an administration agreement that provides for the establishment, operation and restoration of a quarry on Commissioner’s land and for the issuance of a permit referred to in paragraph 3(1)(b).

Residential Tenancies Act

(1.2) The Residential Tenancies Act does not apply in respect of Commissioner’s land held under a lease authorized under subsection (1).

Agreements

(2) Agreements providing for the disposition of Commissioner’s land must be

(a) in writing;

(b) signed by the Commissioner or the authorized agent of the Commissioner; and

(c) sealed with the Seal.

Permits need not be sealed

(2.1) Paragraph (2)(c) does not apply to a permit referred to in paragraph (1)(b).

Plan of survey

(3) No Commissioner’s land shall be sold until a duly approved plan of survey of the land has been filed in the land titles office for the registration district in which the land is located. R.S.N.W.T. 1988, c.8 (Supp.),s.203; S.N.W.T. 1994, c.23, s.3, 3.1; S.N.W.T. 2009,c.11,s.2.

Posting of security

3.1.

(1) It is a condition of a lease of Commissioner’s land for a commercial or industrial use that security, determined in accordance with the regulations, be posted for restoration of the land.

Criteria

(2) The following factors apply in the determination of the amount of security that must be posted:

(a) the quantum of land authorized under the lease to be disturbed from its natural state as a result of construction or placement of buildings and other structures, excavation activities and any other use or development of the land;

(b) in the case of land or a portion of land that is already developed, the restoration of the land as agreed to in the lease;

(c) the types of structures authorized under the lease to be constructed or placed on the land and the nature of other development occurring on the land;

(d) the use of the land for the storage of fuel or other hazardous material;

(e) the environmental risk that may result from the type of commercial or industrial use of the particular land;

(f) the previous performance of the lessee.

Exemption

(3) Notwithstanding subsection (1), if the calculation of security in accordance with the regulations would result in a requirement to post security of $1,000 or less, an exemption may be granted in accordance with the regulations.

Termination

(4) On the termination of a lease, the land must be restored to the satisfaction of the Minister or a person authorized in the regulations.

Liability not limited

(5) The posting of security in accordance with this section does not affect the liability of a lessee for damages in excess of the amount of the posted security required for restoration of the land to the satisfaction of the Minister or a person authorized under the regulations.

Application

(6) This section applies to leases entered into, assigned or renewed on or after the day this section comes into force. S.N.W.T. 2010,c.3,s.2.

Powers of

4.

The Commissioner may

(a) order the withdrawal of any tract or tracts of Commissioner’s land from disposal under this Act on setting out the reasons for withdrawal in the order; and

(b) set apart and reserve Commissioner’s land for public or other purposes.

TRESPASS ON COMMISSIONER’S LAND

Application

5.

(1) Where

(a) under this Act, the right of a person to use, possess or occupy Commissioner’s land has been forfeited, or

(b) in the opinion of the Minister or his or her delegate, a person is wrongfully or without lawful authority, using, possessing or occupying Commissioner’s land,

and that person continues to use, possess or occupy or fails to deliver up possession of the Commissioner’s land, an officer of the Government of the Northwest Territories authorized by the Minister for that purpose may apply to a judge for a summons directed to that person calling on that person

(c) to vacate without delay or abandon and cease using, possessing or occupying the Commissioner’s land, or

(d) within 30 days after service of the summons on that person, to show cause why an order or warrant should not be made or issued for that person’s removal from the Commissioner’s land.

Warrant for removal

(2) Where a summons has been served under subsection (1) and within 30 days after the service of the summons, the person named in the summons

(a) has not removed from, vacated or ceased using, possessing or occupying the Commissioner’s land, or

(b) has not shown cause why he or she should remain in possession or occupation of the Commissioner’s land,

the judge may make an order or issue a warrant for the person’s summary removal from the Commissioner’s land.

Disposition of buildings or improvements

(3) The judge may include in the order or warrant referred to in subsection (2) an order as to the disposition of any buildings or improvements situated on the lands mentioned in the order or warrant.

Execution of warrant

(4) A warrant issued under subsection (2) shall be executed by the Sheriff or a deputy sheriff, bailiff, member of the Royal Canadian Mounted Police or other person to whom it is delivered for that purpose and that person has all the powers, rights, immunities and privileges of a peace officer in the execution of his or her duty.

Removal from land

(5) A person to whom an order or warrant is addressed shall without delay remove from the land mentioned in the order or warrant the person named in the order or warrant, all members of that person’s family and all employees, tenants and other persons employed by or living with that person or with the tenants of that person.

Service of summons or warrant

(6) Service of a summons or warrant under this section may be made

(a) by leaving a copy with an adult found on the land mentioned in the summons or warrant and by posting up another copy in a conspicuous place on that land; or

(b) where no adult is found on the land mentioned in the summons or warrant, by posting up copies in two conspicuous places on that land.

S.N.W.T. 2009,c.11,s.3.

Offence and punishment

6.

Every person who remains on Commissioner’s land or returns to it or assumes any possession or occupancy of it after having been ordered to vacate it or after having been removed from it under section 5, is guilty of an offence punishable on summary conviction.

LIMITATION OF LIABILITY

Liability limited

6.1.

(1) The Commissioner is not liable as an occupier of Commissioner’s land for damages, including damages for injury or death, arising from any activity that occurs on undeveloped Commissioner’s land, unless the damages result from the wilful or reckless conduct of an employee in the public service acting within the scope of his or her duties, or an agent of the Government of the Northwest Territories acting within the scope of the agency relationship.

Exception

(2) Subsection (1) does not apply if a person or member of a class of persons authorized under the regulations has provided written permission for the claimant to be on the land conducting, participating in or observing the activity.

Highways excluded

(3) Subsection (1) does not apply in respect of

(a) a highway as defined in section 1 of the Public Highways Act that is subject to the direction, control and management of the Commissioner; or

(b) a public airport highway as defined in section 1 of the Public Airports Act.

Transitional

(4) This section applies only in respect of a cause of action arising after this section comes into force. S.N.W.T. 2009,c.11,s.4.

MISCELLANEOUS

Receipt for fees on application

7.

A receipt for payment made on the filing of an application to purchase or lease land does not entitle the person making the payment to take, occupy or use the land described in the receipt.

Interest

8.

Where interest is payable by virtue of this Act or for or on account of any claim, matter or thing arising under any provision of this Act, the rate of interest is the rate prescribed under paragraph 145(j) of the Financial Administration Act, whether or not that interest is payable under the terms of any sealed or unsealed instrument. S.N.W.T. 2015,c.13,s.151.

8.1.

Repealed, S.N.W.T. 1994,c.23,s.4.

OFFENCE AND PUNISHMENT

S.N.W.T. 1998,c.21,s.3(2)

9.

Repealed, S.N.W.T. 1998,c.21,s.3(3).

Offence and punishment

10.

Every person who contravenes this Act or the regulations is guilty of an offence punishable on summary conviction.

APPEAL

Appeal

11.

An order or judgment of a judge in an action or proceeding under this Act is subject to an appeal by a party to the action or proceeding in the same manner as any other order or judgment of a judge.

REGULATIONS AND ORDERS

Regulations

12.

The Commissioner, on the recommendation of the Minister, may make regulations

(a) authorizing a person to make any disposition of Commissioner’s land referred to in subsection 3(1) subject to any prescribed limitations and conditions;

(b) respecting the limitations and conditions that are applicable to any disposition of Commissioner’s land referred to in subsection 3(1);

(c) respecting the establishment, operation and restoration of a quarry on Commissioner’s land;

(d) respecting the removal and use of granular materials from Commissioner’s land generally;

(e) respecting the prices, fees, rents, royalties and other charges payable in respect of or under any disposition of Commissioner’s land referred to in subsection 3(1);

(f) respecting the posting of security under section 3.1 in respect of a lease of Commissioner’s land for a commercial or industrial use, including

(i) the form of security,

(ii) the determination of the amount of security, including the application of factors referred to in subsection 3.1(2) and other factors that may be considered in the case of leases for particular purposes or for particular kinds of developments,

(iii) conditions relating to the posting of security,

(iv) the application of security to the restoration of Commissioner’s land,

(v) the refund of security, and

(vi) exemptions under subsection 3.1(3) from the requirement to post security;

(g) authorizing a person, for the purposes of section 3.1, to determine whether restoration of Commissioner’s land is satisfactory;

(h) authorizing a person or class of persons to provide written permission referred to in subsection 6.1(2) for a person to be on Commissioner’s land conducting, participating in or observing an activity;

(i) respecting the protection, control and use of Commissioner’s land generally;

(j) prescribing a tariff of fees for copies of maps, plans, field notes, documents, papers and other records pertaining to Commissioner’s land, for the preparation of documents evidencing a sale, lease or other disposition of Commissioner’s land and for the registration of any documents pertaining to Commissioner’s land; and

(k) respecting the forms of leases, agreements for sale, licences and other documents required for use under this Act.

S.N.W.T. 1994,c.23,s.5; S.N.W.T. 2009,c.11,s.5; S.N.W.T. 2010,c.3,s.3.

Regulations and orders

13.

The Commissioner, on the recommendation of the Minister, may make regulations and orders

(a) respecting any question affecting Commissioner’s land under which persons designated in the regulations or orders may inquire into a question affecting Commissioner’s land and may, for the purposes of the inquiry, summon and bring before them any person whose attendance they consider necessary to the inquiry, examine that person under oath, compel the production of documents and do all things necessary to provide a full and proper inquiry; and

(b) as are considered necessary for carrying out the purposes and provisions of this Act.

TRANSFER OF INTERESTS AND

OBLIGATIONS

Definition: "right, title or interest in land"

14.

(1) In this section, "right, title or interest in land" includes any caveat, claim of lien or other claim of any right, title or interest in land, but does not include a writ.

Transfer of interests and obligations to Commissioner

(2) Any right, title or interest in land situated in Nunavut

(a) that is held by the Commissioner on March 31, 1999, and

(b) that is not appropriated to the Commissioner of Nunavut under subsection 49(2) of the Nunavut Act,

is transferred to the Commissioner of Nunavut, together with any requirement, obligation or liability that the Commissioner is subject to or liable for in respect of any such right, title or interest. S.N.W.T. 1999,c.1,Sch.H,s.1.