Tlicho Community Government Act

(1) For the purposes of this Act, "long-term financial commitment" means

(2) A lease or an agreement to purchase is not to be considered to be a long-term financial commitment under subsection (1) if the payments made under the lease or agreement are nominal or are not made from the general revenues of the community government.

(1) The purpose of this Act is to implement the provisions of the Tłı̨chǫ Agreement relating to Tłı̨chǫ community governments.

(2) The Tłı̨chǫ Agreement may be used as an aid in interpreting this Act.

(1) In the case of any inconsistency or conflict between this Act or the regulations and the Tłı̨chǫ Agreement, the Tłı̨chǫ Agreement prevails to the extent of the inconsistency or conflict.

(2) In the case of any conflict between this Act and the regulations and a Tłı̨chǫ law, this Act and the regulations prevail to the extent of the conflict.

(3) In the case of any inconsistency or conflict between a bylaw and an enactment of the Northwest Territories or Canada, the bylaw is of no effect to the extent of the inconsistency or conflict.

(4) In the case of conflict between a Tłı̨chǫ law and a bylaw, the Tłı̨chǫ law prevails to the extent of the conflict.

(1) The general legislative powers of a community government to make bylaws are to be interpreted as giving broad authority to council to govern the community in whatever way council considers appropriate, within the jurisdiction given to a community government under this or any other enactment, and to address any issues not contemplated at the time this Act is enacted.

(2) The power to make a specific bylaw under any other enactment is to be interpreted as giving supplementary authority to council to govern in accordance with the general legislative powers of a community government under this Act.

(1) The following Tłı̨chǫ community governments are established:

(2) The boundaries of the communities are set out in the Schedule. SNWT 2013,c.9,Sch.A,s.2.

(1) The powers and duties of a community government shall be exercised and performed by council, unless otherwise provided in this Act.

(2) Council is responsible for

(1) Council may perform its functions by either resolution or bylaw, unless required by this or any other enactment to act by bylaw.

(2) In addition to the general delegation power in section 61, council may delegate any of its powers, duties or functions to a committee of council or the senior administrative officer, other than

(1) Council of a community government is composed of

(2) The number of councillors who comprise council on the effective date are as follows:

(3) The position of Chief may only be filled by a Tłı̨chǫ Citizen.

(4) Half the positions of councillor may only be filled by eligible candidates who are Tłı̨chǫ Citizens and the remaining positions may be filled by any eligible candidate.

(1) Council may, by bylaw, vary the number of councillors who comprise council, if

(2) The maximum number of councillors who may comprise council is determined according to the population of the community as follows:

(3) For the purposes of determining the maximum permissible number of councillors,

(4) The community government shall, in the year before the year of a general election, cause an official population count to be taken in the community for the purpose of determining the maximum permissible number of councillors.

(5) If the results of the official population count indicate that the maximum number of councillors allowed under subsection (2) has been exceeded, council must, by bylaw, vary the number of councillors to comply with subsection (1).

(6) A bylaw to vary the number of councillors takes effect at the first general election following the making of the bylaw.

(1) Subject to this Act, the Chief and councillors hold office for four years.

(2) The term for council members

(2.1) Notwithstanding subsection (2), the term for council members elected at the general election on June 10, 2013

(3) Each council member shall, before taking office, take an oath or affirmation of office in the following words or in such other words as council may require by bylaw:

I, .............., do solemnly and sincerely promise and (swear or affirm) that I will duly, faithfully and to the best of my skill and knowledge, execute the powers and perform the duties entrusted to me as a (name of office). SNWT 2013,c.9,Sch.A,s.3.

(1) A person is eligible to be a voter if he or she

(2) Notwithstanding subsection (1), a person is not eligible to vote at an election for Chief unless he or she

(3) A person is eligible to be nominated and stand as a candidate for Chief if he or she

(4) Subject to subsection 10(4), a person is eligible to be nominated and stand as a candidate for councillor if he or she

SNWT 2013,c.9,Sch.A,s.4; SNWT 2013,c.13,s.2.

(1) A person is not eligible to be nominated as or to stand as a candidate for Chief or councillor if he or she

(1.1) Council may, by bylaw, provide that a person is not eligible to be nominated as or to stand as a candidate in an election for Chief or councillor if he or she has not paid all taxes due in respect of property in the community before the date nominations are closed in respect of that election.

(2) For the purpose of paragraph (1)(i), a person is deemed to have a controlling interest in a corporation only if the person beneficially owns, directly or indirectly, shares of the corporation carrying more than 10% of the voting rights attached to all shares of the corporation for the time being outstanding.

(3) Notwithstanding paragraph (1)(a), a justice of the peace may be nominated and stand as a candidate, if he or she obtains a leave of absence under subsection (4).

(4) The Chief Judge shall grant to a justice of the peace, who applies in writing for a leave of absence for the purpose of being nominated and standing as a candidate, a leave of absence without pay for the period commencing on the day nominations open and ending on the day on which the results of the election are declared or on an earlier day requested by the justice of the peace if he or she ceases to be a candidate.

(5) A justice of the peace who is elected as a member of council ceases to hold office as a justice of the peace.

(6) Notwithstanding paragraph (1)(c), council may, by bylaw, allow the employees of the community government to be eligible to be nominated and stand as a candidate, other than

SNWT 2013,c.9,Sch.A,s.5.

(1) A council member who, after taking office, ceases to be eligible to be a candidate for his or her office shall vacate that office and cease to be a council member.

(1.1) If a bylaw has been made under subsection 14(1.1), a council member ceases to be eligible to be a candidate if the council member has not paid all taxes due in respect of property in the community before the end of the fiscal year in which the taxes were levied.

(2) If a council member referred to in subsection (1) does not vacate his or her office immediately, council shall, by resolution, declare that office vacant.

(3) Any person may, within five days after the making of a resolution under subsection (2), apply by originating notice to the Supreme Court for judicial review of the declaration. SNWT 2013,c.9,Sch.A,s.6.

(1) Subject to this Act, an election must be conducted in accordance with the Local Authorities Elections Act.

(2) The following provisions of the Local Authorities Elections Act do not apply to an election:

(3) Election day is the second Monday in June.

(4) A general election must be held every four years.

(5) If the position of Chief or councillor becomes vacant for any reason before the term of office expires, council shall decide whether to fill the vacancy by waiting for the next general election or by holding a by-election.

(5.1) Council may appoint a person who is eligible to be a candidate to fill a vacancy for the remainder of a term, if

(6) For the purposes of filling the positions of councillors in accordance with subsection 10(4), the returning officer shall, at least 42 days before election day, identify each vacant position for councillor as being available only to candidates who are Tłı̨chǫ Citizens or as being open to all candidates. SNWT 2013,c.9,Sch.A,s.7.

(1) A person may not be nominated as a candidate for both Chief and councillor.

(2) At least two of the voters who complete the nomination paper for a candidate for Chief must be Tłı̨chǫ Citizens.

(1) Subject to subsection 10(4), an election must be held if, at the close of nominations, the number of eligible candidates exceeds the number of vacant positions available to those candidates.

(2) After an election, candidates for councillor shall be selected to fill the vacant positions as follows:

(3) If a position remains vacant after the candidates have been declared elected, a by-election must be held to fill the position.

(4) If as a result of the election there is a tie among two or more candidates for a vacant position, a by-election among those candidates must be held within 14 days to fill the position.

(1) A quorum for council is a majority of the council members then holding office.

(2) A by-election must be held as soon as is practicable to fill the vacancies on council if the number of council members holding office is less than or equal to a bare majority of the number of council members who comprise council.

(3) A by-election shall be held at the call of the Chief, or at the call of the senior administrative officer if there is no Chief.

(1) Subject to this section, all meetings of council and its committees must be held in public.

(2) A member of the public may only be excluded from a meeting of council or one of its committees for improper conduct.

(3) Council or a committee of council may, by resolution approved by at least 2/3 of the council members present, authorize its meeting to be closed to the public if it decides to discuss any of the following:

(4) Council has no power to make a bylaw or a resolution at a meeting that is closed to the public, other than a resolution to

(5) Council shall make a public record of any meeting that is closed to the public, specifying at a minimum

(1) Council may conduct a meeting using an electronic means of communication if it enables the council members to hear and speak to each other, and allows the public to hear the members.

(2) The council members participating in a meeting in the manner referred to in subsection (1) are deemed to be present at the meeting.

(3) Only council members who, at the time of the meeting, are outside the community or are physically unable to attend the meeting, may participate in the manner described in subsection (1).

(1) The first meeting of council following a general election must be held not later than 45 days after the election day at the time and place that the Chief designates.

(2) Council shall hold at least one regular meeting each month at the time and place that council fixes by resolution.

(1) Council shall ensure that public notice of the time and place of each regular council meeting is given at least three days in advance.

(2) Council may meet the requirement in subsection (1) by giving public notice of a schedule of regular meetings at least once each year.

(3) An agenda for each regular council meeting shall be made available to the public at least three days in advance of the meeting.

(1) The senior administrative officer shall call a special council meeting if requested to do so in writing by the Chief or by two councillors.

(2) The senior administrative officer shall, at least 48 hours in advance, give each council member notice of the time and place of the special meeting and the nature of the business to be transacted, and shall at the same time give public notice of that information.

(3) Council may not transact any business at a special meeting other than that specified in the notice of the special meeting, unless all council members are present and they all agree.

(1) Any council member may call an emergency council meeting if he or she considers that an emergency exists or may soon exist in the community.

(2) The council member calling the meeting or the senior administrative officer shall

(3) Those council members attending an emergency council meeting constitute a quorum.

(4) Council may, at an emergency meeting, make a declaration of a state of local emergency relating to all or any part of the community in accordance with the Emergency Management Act, and may only transact business relating to the emergency. SNWT 2018,c.17,s.32.

(1) Subject to this Act, a resolution or bylaw is not valid unless a majority of the council members present and voting at a duly constituted meeting of council vote in favour of it.

(2) A resolution or bylaw validly made by a duly constituted council is not invalid by reason only that

(1) The senior administrative officer shall make a written record of the minutes of the proceedings of all meetings of council and its committees and shall certify them as correct.

(2) The senior administrative officer shall record in the minutes the name of each council member and how that council member voted if

(3) Council shall, after correcting any errors, adopt the certified record of its minutes, after which the Chief or other presiding council member shall sign them.

(1) The bylaws and the minutes of all meetings of council and its committees must be open for public inspection once the bylaws are made or the minutes are adopted by council.

(2) Any person may receive copies of all or any part of the bylaws or the minutes of a meeting of council on payment of a fee determined by bylaw.

(1) Council may adopt a code of ethics for council members.

(2) A code of ethics may provide that council, by a 2/3 majority, may publicly censure or remove from a meeting any council member who it determines has breached the code of ethics.

(1) A councillor has one vote at a meeting of council or a committee of council.

(2) Council shall, in the bylaw referred to in section 27, specify whether the Chief or other presiding council member has

(2.1) Where the Chief or other presiding council member has the same right to vote as a councillor, either generally or only in specific circumstances as referred to in paragraph (2)(b), a vote that results in a tie is defeated.

(3) Unless otherwise specified in the bylaw referred to in section 27, an abstention by a council member does not count as a vote. SNWT 2013,c.9,Sch.A,s.8.

(1) The Chief shall, in addition to his or her general duties as a council member,

(2) The Chief is, by virtue of his or her office, a member of all committees of council, and possesses all the rights, privileges, powers and duties of that membership.

(1) A council, with the agreement of at least half the councillors, may appoint a councillor to be the acting Chief to perform the duties and exercise the powers of the Chief when the Chief is absent.

(2) The councillor appointed as the acting Chief must be a Tłı̨chǫ Citizen.

(1) Council shall, by bylaw, appoint a senior administrative officer.

(2) The senior administrative officer is an employee of the community government.

(3) Council may give the senior administrative officer another title for the purposes of the community government.

(1) Council may, by bylaw, appoint officers in addition to the senior administrative officer, and may authorize them to perform

(2) Council may appoint employees to act on behalf of any officer who is absent or unable to act.

(1) Council may not appoint as an officer any person who has a direct or indirect interest in a contract with the community government.

(2) No officer shall have any direct or indirect interest in a contract with the community government.

(3) An officer who acquires an interest in a contract with the community government may be dismissed without notice and without compensation.

(4) This section does not apply to

(1) Unless council decides otherwise, the following persons must be bonded in the amount, for the risks and with the surety that council directs:

(2) The community government shall pay the costs of the bonding required by subsection (1).

(1) Subject to the direction of council, the senior administrative officer shall

(2) The senior administrative officer is responsible for

(3) The senior administrative officer may

(1) A community government may employ the persons it considers necessary to carry out its business and affairs.

(2) Council may, by bylaw, allow one person to hold two or more offices or positions.

(1) A council member may not be appointed to a salaried office or employment in the community government.

(2) An employee who is elected to council may continue to be an employee, but may not continue to be or become

(1) Council may, by bylaw,

(2) Council may, by bylaw,

(1) A community government is a municipal corporation.

(2) A community government has the capacity to exercise its rights and powers in accordance with this Act.

(1) A community government has the power to contract for a community purpose.

(2) The procedure for the making of contracts for and on behalf of the community government must be set out in a bylaw.

(1) A community government may, for a community purpose,

(2) A community government may, for a community purpose, acquire, construct, operate, repair, improve and maintain public works and improvements.

(3) A community government may not acquire real property unless

(4) For greater certainty, a community government may acquire the fee simple interest in any part of a parcel that is adjacent to or under a body of water within the community.

(5) For greater certainty, a community government may not acquire the fee simple interest in any mines or minerals, other than in respect of materials that are specified substances as defined in the Tłı̨chǫ Agreement. SNWT 2013,c.9,Sch.A,s.9.

(1) A community government may only dispose of its real property if

(2) A community government shall not dispose of

(3) Notwithstanding subsection (2), a community government may dispose of

(4) A disposition referred to in paragraph (3)(a) or (b) must first be approved by the voters.

(1) A land administration bylaw must provide for the procedures and terms and conditions for making any acquisition, disposition or other activity referred to in subsection 50(1) or 53(1).

(2) Before giving third reading to a land administration bylaw, council shall

(1) No person shall dispose of any personal property owned by the community government other than in accordance with this Act and the bylaws of the community government.

(2) A community government may not dispose of its personal property unless

(3) Council may, by bylaw, provide procedures for the

(1) A community government may, for a community purpose, establish, deliver and operate services, public utilities and facilities.

(2) Subject to the Public Utilities Act, council shall, when exercising the powers referred to in subsection (1), by bylaw,

(3) A community government may enter into a municipal services agreement to provide services, public utilities and facilities to persons outside the community.

(1) Council may, by bylaw, establish a board or commission to administer or provide a service, public utility or facility as an agent of the community government.

(2) The bylaw referred to in subsection (1) may provide for

(3) The Chief is, by virtue of that office, a member of every board and commission established by the community government.

(4) A board or commission established by a community government must have at least one councillor as its member.

(5) The requirements with respect to meetings of council committees apply to meetings of boards or commissions established by a community government, unless otherwise provided for by bylaw.

(1) A community government may, if authorized by bylaw, enter into an agreement to allow another person to provide a service, public utility or facility as an agent of the community government.

(2) For greater certainty and subject to this Act, a community government may, in the agreement referred to in subsection (1),

(3) An agreement containing any of the provisions referred to in paragraphs (2)(d) and (e) must be approved by the Minister or must be authorized by the community government’s investment plan.

(4) An agreement made under this section must include a provision providing for the termination of the agreement.

(1) Council may, by bylaw, authorize the delegation of any of the community government’s powers to

(2) A community government may not delegate the power to make bylaws.

(3) A community government may only delegate to a body, office or government such powers as the body, office or government is legally capable of receiving.

(1) Council may, by bylaw, authorize the community government to act as the delegate of another government or entity and to receive the delegation of powers from the other government or entity, including the power to enact laws.

(2) A community government may act as a delegate both within and outside the boundaries of the community, where authorized by the other government or entity.

(3) A community government does not have the authority to subdelegate a power delegated to the community government by the delegation agreement, unless expressly authorized under that agreement.

(4) If expressly authorized in a delegation agreement, council may, by bylaw,

(1) The terms and conditions of the delegation by or to a community government must be set out in a delegation agreement entered into by the community government with the other body, office, government or entity.

(2) A community government has, subject to the terms and conditions of a delegation agreement, the power to administer and deliver any service or program delegated to the community government by that agreement.

(3) A delegation agreement must include provisions

(4) An agreement similar in nature and purpose to a delegation agreement that was entered into before the coming into force of this section is deemed to be a delegation agreement that complies with this section.

(1) Council may, with the approval of the Minister or if authorized by the community government’s investment plan, establish a corporation or acquire or hold shares in a corporation for a community purpose.

(2) The corporation may be established or its shares may be acquired or held

SNWT 2013,c.9,Sch.A,s.10.

(1) A community government may encourage economic development for a community purpose.

(2) A community government shall not make grants, make investments or provide loans or guarantees to encourage economic development.

(1) Consistent with the Tłı̨chǫ Agreement, council may make bylaws relating to

(2) For greater certainty, council may make bylaws for community purposes respecting

(3) The general powers to make a bylaw under this section are subject to any conditions on a power to make a specific bylaw set out elsewhere in this Act or in any other enactment. SNWT 2013,c.9,Sch.A,s.11.

(1) Subject to subsection (2), a bylaw applies only inside the boundaries of the community.

(2) A bylaw that serves residents of the community may apply outside its boundaries, but within the Northwest Territories, in respect of

(3) A bylaw referred to in subsection (2) must be approved by the Executive Council on the recommendation of the Minister if it is to apply on lands that are not Tłı̨chǫ lands.

(4) For greater certainty, a community government has no power to expropriate land outside the boundaries of the community.

(1) Council may, by bylaw, amend or repeal a bylaw.

(2) The power of council to amend or repeal a bylaw is subject to the same conditions as the power to make the bylaw.

(1) A bylaw must have three distinct and separate readings to be effective.

(2) A bylaw may not receive more than two readings at any one meeting of council, unless

(3) A bylaw must be in writing before it may receive first reading.

(1) To be effective, a bylaw must

(2) Subject to this Act, a bylaw takes effect on the date it meets the requirements of subsection (1) or at such later date as may be specified in the bylaw.

(3) A copy of a bylaw, under the corporate seal of the community government and certified by the senior administrative officer to be a true copy, is admissible in evidence without further proof of validity. SNWT 2013,c.9,Sch.A,s.12.

(1) The senior administrative officer shall ensure that a copy of every bylaw is available to the public as soon as possible after it receives first and third reading.

(2) The senior administrative officer shall forward a copy of every bylaw to the Minister not later than 10 days after it receives third reading.

(1) If, under this or any other enactment, a bylaw requires the approval of the voters, the Minister or some other authority, that approval must be obtained after the bylaw receives first reading, and the bylaw may not receive third reading or have any effect until that approval is obtained.

(2) Evidence that a bylaw has been approved by the voters, the Minister or some other authority must be shown by

(1) Approval of the voters under this Act for a bylaw must be obtained in accordance with section 7 of the Local Authorities Elections Act respecting the submission of questions to the voters.

(2) After the proposed bylaw receives first reading, council shall seek approval of the voters for the bylaw by holding a vote on it at the next general election or at an earlier date fixed by council.

(3) At least two weeks before the date of the vote, the community government must give public notice stating that council is seeking the approval of the voters for the proposed bylaw and describing the purpose of the bylaw.

(1) The voters in a community may, by petition, require council to

(2) A petition must be signed by at least 25% of the voters in the community to be effective.

(2.1) For the purposes of subsection (2), the total number of voters in a community is the number of voters on the list of voters prepared under the Local Authorities Elections Act for the most recent community government election.

(3) A petition may only be made in relation to a bylaw on a subject within the legislative powers of the community government.

(4) Each page of the petition must include an identical statement of the purpose of the petition.

(5) The petition must include, in respect of each petitioner,

(6) The petition must have attached to it a signed statement of a person stating that he or she represents the petitioners and will respond to inquiries about the petition from the community government.

(7) A petition must be filed with the senior administrative officer.

(8) No name may be added to or removed from a petition after it has been filed with the senior administrative officer. SNWT 2013,c.9,Sch.A,s.13.

(1) The senior administrative officer is responsible for determining if the petition is sufficient to comply with section 77.

(2) When counting the number of petitioners on a petition, the senior administrative officer shall exclude any person

(2.1) The senior administrative officer shall make reasonable efforts to contact a person referred to in paragraph (2)(d) and provide him or her with the opportunity to swear a statutory declaration stating that he or she is eligible to vote.

(3) Within 30 days after the date on which a petition is filed, the senior administrative officer shall report to council on whether the petition is sufficient.

(4) Council is not required to take any notice of a petition that is not sufficient. SNWT 2013, c.9,Sch.A,s.14.

(1) If council receives a sufficient petition calling for voter approval of a bylaw, it shall

(2) If council receives a sufficient petition respecting a bylaw that has already received first reading, council may not proceed with third reading unless the bylaw is approved by the voters.

(3) Subject to any requirement for Ministerial approval, if a bylaw submitted to the voters as a result of a petition is approved by the voters, the bylaw must be made by council within four weeks after the vote, without any alteration being made in the bylaw affecting its substance.

(4) If a bylaw has been submitted to the voters as a result of a petition, the community government may refuse to take action on any further petition for the same purpose filed within one year after the date of the vote.

(5) A bylaw approved by the voters as a result of a petition may be amended or repealed only if

SNWT 2013,c.9,Sch.A,s.15.

(1) Subject to subsection (2), bylaws may be made in respect of any highway in the community.

(2) Bylaws may be made in respect of a primary highway designated under the Public Highways Act only in accordance with an agreement made under section 10 of that Act.

(3) For greater certainty, a bylaw may

(1) A bylaw may provide for the opening and closing of highways.

(2) A community government may, by resolution, temporarily close a highway for a fixed period of time.

(3) The public has a right of access to any highway in the community, subject to any restriction or closure provided by bylaw.

(4) A community government may not close a highway if it prevents a person from entering or leaving his or her real property or residence, unless it provides the person with reasonable compensation or another convenient means of access.

(5) Before giving third reading to a bylaw that will open, establish, close, widen, divert or dispose of a highway, council shall

(6) Where a community government closes a highway, it shall give public notice of the closure and cause signs or signal devices to be erected to warn traffic of the closure.

(1) A bylaw respecting a public utility must state the sources of funding for all costs that will be incurred by the community government as a result of the bylaw.

(2) For greater certainty, a bylaw respecting a public utility may

(1) The grant of a public utility franchise by a community government to any person must be by bylaw approved by the voters.

(2) Notwithstanding subsection (1), the Minister may, by order made at the request of council, exempt the public utility franchise bylaw from the requirement for approval of the voters.

(3) A community government may not grant a public utility franchise for a term exceeding 20 years.

(4) Council may, from time to time, by bylaw, renew the term of a public utility franchise for further terms not exceeding 10 years each.

(5) If a public utility franchise is not renewed, a community government may, with the approval of the Minister, purchase any or all of the rights under the franchise and any or all property used in connection with the franchise on terms agreed upon by the parties or, failing agreement, on terms determined by a sole arbitrator under the Arbitration Act.

(1) During the period commencing on election day and ending on the first day the term of new council members could begin, no council or council member may

(2) Notwithstanding subsection (1), council and council members may do those things referred to in that subsection if

SNWT 2013,c.9,Sch.A,s.16.

(1) The fiscal year for a community government is the period commencing on April 1 and ending on March 31 in the following year.

(2) Council may, by bylaw, change the fiscal year to the calendar year and provide for any transitional matters that may be necessary for the change.

(1) Council shall, before each fiscal year, adopt a budget for the fiscal year.

(2) The budget must include estimates of

(3) A community government shall follow any guidelines issued by the Minister regarding the form and content of budgets.

(1) A community government shall make a copy of the current budget available to the public.

(2) The senior administrative officer shall forward a copy of the budget to the Minister within 10 days after its adoption.

(1) A community government may save any surplus at the end of a fiscal year for use in future fiscal years.

(2) A community government shall eliminate any deficit at the end of a fiscal year by the end of the next fiscal year, unless the deficit is authorized by its debt management plan.

(1) No person shall, on behalf of the community government, incur an expenditure that is not included in, or is inconsistent with, the budget for the fiscal year.

(2) A person may incur an expenditure on behalf of the community government, notwithstanding that council has not yet adopted a budget or that the expenditure is not provided for in, or is inconsistent with, the budget if

(1) The senior administrative officer shall ensure that all money received by or on behalf of the community government is deposited to the credit of the community government in accounts in financial institutions designated by council.

(2) A disbursement of the community government’s money must be made by a cheque or other negotiable instrument that is

(3) The signature of any person referred to in paragraph (2)(b) or (c) may, if authorized by bylaw, be engraved, lithographed, printed or mechanically reproduced for the purpose of issuing cheques.

(4) Notwithstanding subsection (2), a community government may authorize the establishment and use of petty cash funds and imprest bank accounts.

(1) A community government must have a general community fund to record all transactions and balances related to the general operations of the community government.

(2) In addition to the general community fund, one or more other funds may be established by bylaw for the purpose of carrying on specific activities or achieving specific objectives.

(3) Council shall, by bylaw, in respect of each fund established under subsection (2),

(4) Council may segregate portions of a fund established under subsection (2) as reserves for specific future purposes.

(5) Council shall, in respect of each reserve created under subsection (4),

(1) Payments for the following matters may only be made in accordance with a bylaw:

(2) Before giving third reading to a bylaw under subsection (1), council shall give two weeks public notice of the proposed bylaw.

(1) The senior administrative officer shall ensure that the financial statements of the community government are prepared for each fiscal year.

(2) The financial statements must be prepared

(3) The financial statements must include a statement showing the amount of compensation, expenses and any other payment made to each council member, or to each member of a committee of council, in sufficient detail that the type of each payment and the total amount of payments made to or on behalf of each member may be determined.

(4) The financial statements must be submitted to the Minister no later than 120 days after the end of the fiscal year. SNWT 2018,c.13,s.96(2).

(1) Council shall appoint an auditor for the community government.

(2) The auditor must be a person entitled to engage in public practice under the Chartered Professional Accountants Act.

(3) No person may be appointed as an auditor if, at the time of appointment or during the current or preceding fiscal year, the person or an employee or partner of the person has been a council member or an officer of the community government.

(4) A community government shall give written notice to the Minister of the appointment or revocation of an auditor, within 30 days after the appointment or revocation.

(5) The Minister may, by written notice, require council to revoke the appointment of an auditor if the Minister considers that the auditor is unable to or has failed to satisfactorily carry out his or her duties under this Act. SNWT 2018,c.13,s.96(3).

(1) An auditor shall report annually to council on the results of his or her examination of the accounts and financial statements of the community government, and shall

(2) An auditor may require any council member or any employee

(3) An auditor must conduct the audit in the community, unless he or she obtains the permission of council or a judge of the Supreme Court to conduct it elsewhere.

(1) Notwithstanding any other enactment, a community government may only borrow money in accordance with this Act.

(2) A community government may only borrow money for a community purpose.

(3) For greater certainty, the borrowing of money by a community government authorized under another enactment, including the Housing Northwest Territories Act, shall be considered a community purpose.

(4) A community government that borrows money under the authority of another enactment must, in addition to the requirements of that enactment, comply with the provisions of this Act governing borrowing. SNWT 2023,c.8,s.18.

(1) A community government may not borrow money that exceeds the limits for short-term or long- term borrowing established by the regulations.

(2) All borrowing of money by a community government must be authorized by a bylaw that provides for those administrative matters in respect of the borrowing that council considers necessary or advisable.

(1) A community government may borrow money for a short-term period if the amounts are used to meet expenditures that are lawfully authorized to be incurred during the fiscal year but cannot be met from current revenues.

(2) The short-term borrowing of money under subsection (1) may be entered into by way of overdraft, line of credit, temporary loan, unsecured note or other arrangement.

(1) A community government may create a long- term debt, including borrowing money for a long-term period, only for capital purposes.

(2) A community government may borrow money for a long-term period only from a prescribed lender or a lender who is a member of a prescribed class of lenders.

(1) A community government may create a long- term debt only if the long-term debt to be created is specifically authorized by a bylaw.

(2) A bylaw authorizing a long-term debt must

(3) A bylaw authorizing a long-term debt may provide for

(4) Before the community government enters into any long-term debt, the senior administrative officer shall forward to the Minister

SNWT 2013,c.9,Sch.A,s.17.

(1) Subject to this section, no long-term debt has effect unless the bylaw specifically authorizing it is approved by the voters and the Minister.

(2) A bylaw authorizing a long-term debt does not require the approval of the voters if

(3) A bylaw authorizing a long-term debt does not require the approval of the Minister if

(4) A bylaw authorizing a long-term debt does not require the approval of either the voters or the Minister if

SNWT 2013,c.9,Sch.A,s.18.

(1) If a long-term debt is being created by a community government to acquire or use an asset,

(2) A community government must repay the unexpended balance of any long-term debt with the Government of the Northwest Territories within 60 days after the purposes for which the money was borrowed have been achieved.

(3) A community government must repay any money borrowed from the Government of the Northwest Territories for a long-term period in accordance with the repayment terms established by the Government of the Northwest Territories at the time of borrowing.

(1) Council may, by bylaw approved by the Minister, adopt a plan to responsibly manage the community government’s debt.

(2) A community government’s debt management plan may not have a term exceeding five years.

(3) A debt management plan must include the prescribed information.

(4) Council shall review the community government’s debt management plan at least once every five years.

(5) A copy of the community government’s debt management plan must be made available to the public.

(1) A community government may only undertake a local improvement if it is authorized by a bylaw.

(2) A bylaw authorizing a local improvement must set out

(1) Before second reading of a local improvement bylaw, council shall

(2) The notice of intent referred to in paragraph (1)(c) must be in writing and must include

(1) Before third reading of a local improvement bylaw, a community government must obtain written consent to the making of the local improvement bylaw from at least 60% of the persons who would be required to pay the local improvement charges.

(2) For the consent to be sufficient, the persons referred to in subsection (1) must represent at least 50% of the assessed value of all real property in respect of which the local improvement charges will be levied.

(3) The senior administrative officer shall certify to council whether the consent required by this section has been obtained.

(1) A long-term debt created for the purpose of financing a local improvement does not require approval of the voters if

(2) For greater certainty, a long-term debt created for the purpose of financing a local improvement requires the approval of the Minister, unless otherwise exempt from that approval under section 108.

(1) After a local improvement is complete, council may, by bylaw,

(2) A community government shall use local improvement charges only for the purpose of financing local improvements.

(3) A community government may finance a portion of the costs of a local improvement from the general revenue of the community government.

(1) A community government may only forgive a debt if the forgiveness is specifically authorized by a bylaw.

(2) A bylaw that forgives a debt owed to the community government must set out

(3) A community government may only forgive a debt owed to it, in whole or in part, if

(4) Before giving a bylaw that forgives a debt third reading, council shall give at least 30 days public notice of the bylaw.

(5) The obligation to pay a debt owed to the community government ceases once the debt is forgiven in accordance with this section.

(1) For the purposes of this section, "unrestricted revenue" means revenue that is generated by a community government, including revenue generated by taxes, fees and charges, and revenue that is received by a community government through grants and contributions that are not limited by conditions respecting how the grant or contribution is to be spent.

(2) A community government may make a grant only if specifically authorized by council for a purpose that it considers will benefit residents of the community.

(3) Where council authorizes an exemption from tax pursuant to the Senior Citizens and Disabled Persons Property Tax Relief Act, the exemption is not to be considered a grant for the purposes of this section.

(4) The total amount of all grants made by a community government in a fiscal year may not exceed 2% of the total unrestricted revenue of the community government for the previous fiscal year.

(5) Before making a grant to any person or group of persons not resident in the community, council shall first give at least 30 days public notice of the grant. SNWT 2013,c.9,Sch.A,s.20.

(1) A community government may only lend money if the loan is

(2) A community government may only lend money to

(3) A bylaw authorizing a loan must set out

SNWT 2013,c.9,Sch.A,s.21.

(1) A community government may only guarantee the repayment of a loan if the guarantee is

(2) A community government may only guarantee the repayment of a loan that is made to

(3) A bylaw authorizing a guarantee shall set out

SNWT 2013,c.9,Sch.A,s.22.

(1) A community government may invest its surplus money in

(2) A community government may, if authorized by a delegation agreement, form a pooled investment fund with another municipal corporation or any other prescribed entity.

(3) The money in a pooled investment fund may be used only to make investments authorized under subsection (1).

(4) The senior administrative officer may, if authorized by council, make the investments authorized by this section on behalf of the community government.

(1) Council may, by bylaw, adopt a plan to manage the community government’s investments and to authorize the making of investments.

(2) A bylaw adopting an investment plan is not valid unless it is approved by the Minister.

(3) A community government’s investment plan may not have a term exceeding five years.

(4) A community government’s investment plan must include the prescribed information.

(5) A copy of the community government’s investment plan must be made available to the public.

(1) Council shall hold a public hearing before making

(2) After a bylaw that requires a public hearing receives first reading but before it receives second reading, the community government shall give public notice of

(3) A copy of the proposed bylaw, and any plan being adopted by the bylaw, must be made available to the public at the time of public notice.

(4) Before giving public notice under subsection (2), council may establish the procedure to be followed by persons who wish to make submissions to council during the public hearing concerning the bylaw, including

(5) Council shall hold a public hearing at the times and places stated in the public notice, and at the hearing shall hear

(6) Council may hold more than one public hearing or adjourn the hearing, if

(7) Subject to the requirement to obtain the approval of the voters or the Minister, council shall consider all oral and written submissions made at the public hearing and may make any amendments to the bylaw council considers necessary or advisable.

(8) The senior administrative officer shall prepare a written certification

SNWT 2013,c.9,Sch.A,s.23.

(1) Subject to the Conflict of Interest Act and excluding anything said or brought with malicious intent, a council member is not liable to any civil action, prosecution, arrest, imprisonment or damages by reason of

(2) Subject to subsection (3) and the Conflict of Interest Act, the following persons are not personally liable for loss or damage by reason of anything said or done or omitted to be done in the performance or intended performance of his or her functions, duties or powers under this or any other enactment:

(3) Subsection (2) is not a defence if the person is guilty of

(4) This section does not affect the legal liability of the community government.

(1) Subject to this and any other enactment, a community government is not liable for loss or damage caused by anything done or not done by the community government in accordance with the authority granted to it under this or any other enactment, unless the cause of action is negligence or any other tort.

(2) A community government is not liable in an action based on nuisance, or on any other tort that does not require a finding of intention or negligence, for any loss or damage arising, directly or indirectly, from highways, dikes, ditches or dams or from the operation or non-operation of a public utility.

(3) A community government with discretion to do something is not liable for exercising, in good faith, its discretion not to do it.

(4) A community government is not liable for loss or damage caused by

(1) A community government is not liable for loss or damage caused by snow, ice or slush on highways in the community, unless the community government is grossly negligent.

(2) A community government is not liable for loss or damage caused

(1) A community government is liable for loss and damage caused by its failure to perform its duty under section 83, if it knew or should have known of the state of disrepair.

(2) This section does not apply to any road made or laid out by a private person or any work made to or done on a road or place by a private person until the road or work is subject to the direction, control or management of the community government.

(3) A community government is not liable under this section in respect of acts done or omitted to be done by persons exercising powers or authorities conferred on them by law if the community government had no control over those persons and is not a party to those acts or omissions.

(4) A community government is not liable under this section if

(5) If the loss or damage is caused by the removal, destruction or defacement of a traffic control device by someone other than an employee or agent of the community government, the community government is liable under this section only if it

(1) A person who brings an action for loss or damage referred to in sections 129 and 130 must, by written notice provided to the senior administrative officer, notify the community government of the event that gives rise to the action within 30 days after the occurrence of the event or within such longer period of time as may be allowed by bylaw.

(2) Failure to notify the community government within the time required by subsection (1) bars the action unless

SNWT 2013,c.9,Sch.A,s.24.

(1) Council may appoint bylaw officers to enforce any or all of its bylaws and may establish their specific duties.

(2) A bylaw officer shall enforce those bylaws of the community government that he or she is appointed to enforce under subsection (1).

(3) A bylaw officer is an officer as defined in the Motor Vehicles Act and the Dog Act and shall enforce those Acts and the All-terrain Vehicles Act. SNWT 2013,c.9,Sch.A,s.25.

(1) If this or any other enactment or a bylaw authorizes or requires anything to be inspected, remedied, enforced or done by a community government, an officer may, after giving reasonable notice to the owner or occupier of the land or structure affected,

(2) The officer shall, on request, display or produce identification showing that the person is authorized to make the entry.

(3) The officer authorized to perform a task under subsection (1) need not give reasonable notice and may enter at any hour and perform a task referred to in subsection (1) without the consent of the owner or occupant, if the officer or council is of the opinion that

(1) A community government may apply by originating notice to the Supreme Court for an order under subsection (2), if a person

(2) The Supreme Court may issue an order

(3) The Supreme Court may hear the application without notice to any person if, in its opinion, there is imminent danger to public health or safety or it is otherwise warranted by extraordinary circumstances.

(1) In addition to any other remedy available to it, a community government may enforce a bylaw by applying, by originating notice, to the Supreme Court for an injunction.

(2) The Supreme Court may grant or refuse the injunction or other order or may make any other order that it considers just.

(1) A community government may, by resolution, designate one or more employees to issue orders under this section.

(2) If the designated employee finds that a person is contravening a bylaw or an enactment that the community government is authorized to enforce and the designated employee is of the opinion that the contravention poses an imminent danger to public health or safety, he or she may, by written order, direct the person

(3) If the designated employee finds a structure, excavation or hole that is dangerous to public safety or property, the designated employee may, by written order, require the owner of the structure, excavation or hole to eliminate the danger in the manner specified, to remove or to demolish the structure or to fill in the excavation or hole and level the site.

(4) An order made under this section may

(5) The order must be served personally or, if personal service cannot be made because the address of the person is not known, notice of the order may be published twice in a newspaper having general circulation in the community or in the Northwest Territories.

(1) A person who receives a written order under section 139 may request that council review the order.

(2) The request must be in writing and made within 14 days after the date the order is received, or within such longer period as may be allowed by bylaw.

(1) Upon its review, council may confirm, vary, replace or cancel the order.

(2) Council must serve a copy of its decision on the person requesting the review within 14 days after making the decision.

(1) A person affected by the decision of council under section 141 may appeal to the Supreme Court if

(2) The appeal must be made by originating notice within 30 days after the day the decision is served on the person who had requested the review.

(3) The Supreme Court may

(1) A community government may take any actions or measures necessary to remedy a contravention of a bylaw or an enactment that the community government is authorized to enforce, or to prevent a reoccurrence of the contravention, if

(2) If an order made under section 139 directs that premises be put into and maintained in a sanitary condition, the community government may close the premises.

(3) A bylaw officer or other person authorized by the community government may use reasonable force to remove occupants from a structure that is being closed, removed or demolished in accordance with this Act.

(1) If council, or an employee designated by council for this purpose, is of the opinion that there is an imminent and serious danger to public health or safety, the community government may take any action or measure necessary to eliminate the danger.

(2) This section applies whether or not the danger involves a contravention of a law.

(3) A person may be given a verbal or written order under this section to provide labour, services, equipment or materials, and on receipt the person shall comply with the order.

(4) A person who provides labour, services, equipment or materials under this section is entitled to reasonable compensation from the community government unless he or she caused the danger to arise.

(1) The expenses and costs of an action or measure taken by a community government under section 143 are a debt owing to the community government by the person who contravened the bylaw, enactment or court order, and may be recovered from the person in default by civil action for debt, or by charging it against real property of which the person is the assessed owner in the same manner as arrears of property taxes under the Property Assessment and Taxation Act.

(2) If the community government sells all or a part of a structure that has been removed under section 143, the proceeds of the sale must be used to pay the expenses and costs of the removal and any excess proceeds must be paid to the person entitled to them.

(3) A community government may recover any charges levied under section 57 for a service that relates to real property, and that have not been paid by the end of the fiscal year, by charging them against the real property in respect of which the charges were levied in the same manner as arrears of property taxes under the Property Assessment and Taxation Act. S.N.W.T 2013,c.9,Sch.A,s.26.

(1) A senior administrative officer shall ensure that complete and accurate records are kept in respect of

(2) Council may, by bylaw, provide for the destruction of records kept under subsection (1) when those records are no longer useful and their retention is no longer required by law.

(1) A person who contravenes this Act or the regulations is guilty of an offence.

(2) A person who wilfully obstructs or interferes with a bylaw officer, an officer, a municipal inspector, a community supervisor or a community administrator in the performance of that person’s duties under this or any other enactment or a bylaw, is guilty of an offence.

(1) A person who is guilty of an offence under this Act or a bylaw for which no specific punishment is provided by this Act or by a bylaw, is liable on summary conviction

(2) Council may, by bylaw, provide that a person who is guilty of an offence under a bylaw is liable on summary conviction to a specific fine or imprisonment not exceeding the limits set out in subsection (1).

(3) In addition to any fine that may be levied, a court may order a person convicted of an offence under a bylaw

(4) Subject to any other enactment, a fine or penalty collected in respect of an offence under a bylaw belongs to the community government.

(1) The Minister may appoint municipal inspectors for the purposes of this Act.

(2) The Minister may, on the Minister’s own initiative or at the request of council, direct a municipal inspector to examine or review

(3) A municipal inspector shall prepare a report on his or her examinations and reviews and submit it to the Minister.

(4) The report of a municipal inspector may include

(5) The inspector shall forward a copy of the report to the Chief, unless the Minister directs otherwise.

(1) If the Minister is of the opinion that the financial viability of a community is threatened, the Minister shall notify council and the Tłı̨chǫ Government of the reasons for the opinion and consult with them on the best course of action to remedy the problem.

(2) The consultations with council and the Tłı̨chǫ Government must continue for at least 30 days after the notice is sent, unless the Minister and the Tłı̨chǫ Government agree otherwise.

(1) Notwithstanding section 151, if the Minister is of the opinion that the problem referred to in subsection 151(1) is urgent and requires immediate action, the Minister may, by order, declare the community government to be subject to supervision without waiting for the consultation required by that section.

(2) The Minister shall, without delay, send to council and the Tłı̨chǫ Government a copy of the order under subsection (1) and the reasons for taking immediate action.

(3) An order under subsection (1) expires after 45 days, or at such earlier time as the Minister may specify.

(4) If the Minister believes that the problem referred to in subsection 151(1) will continue after the expiry of the order, the Minister may

(1) An order declaring a community government to be subject to supervision must appoint a person as a community supervisor to act on behalf of the Minister in supervising the community government.

(2) A community supervisor must be a person acceptable to both the Minister and the Tłı̨chǫ Government.

(3) The Minister and the Tłı̨chǫ Government may agree in advance on a list of persons who would be acceptable to be appointed as community supervisors.

(4) A community supervisor must be bonded in an amount determined by the Minister.

(5) The costs of a community supervisor, including remuneration, reasonable living and travelling expenses and costs of bonding, must be paid out of the funds of the community government.

(6) The Minister may appoint a panel of more than two acceptable persons to act as the community supervisor, in which case the panel shall act by decision of the majority of its members.

(1) For the purposes of remedying the problem facing the community government, a community supervisor may

(2) The community supervisor may, if he or she considers it necessary, direct the community government to prepare and submit a budget or a recovery plan for the approval of the Minister.

(3) The Minister may, by order, impose a budget or a recovery plan on the community government if it

(4) A budget or recovery plan approved or imposed by the Minister binds the community government and its employees and agents.

(5) A community supervisor shall

(6) The report referred to in paragraph (5)(c) must be submitted at the end of each calendar month or at such other times as the Minister may require.

(1) The community government and its employees shall comply with

(2) The books of account of the community government must be open to inspection by the community supervisor.

(1) If the community supervisor considers that council is not complying with section 156, he or she may recommend to the Minister that a by-election be held to replace all the council members.

(2) The community supervisor shall give public notice of any recommendation to the Minister under subsection (1).

(3) On the recommendation of the community supervisor, the Minister may, by order,

(4) During the period commencing on the day of the order is made under subsection (3) and ending on the first day the term of new council members could begin, no council or council member may

(5) Notwithstanding subsection (4), council and council members may do those things referred to in that subsection if it is

SNWT 2013,c.9,Sch.A,s.27.

(1) The Minister may, by order or otherwise, direct a community supervisor in the exercise of his or her powers or in the performance of his or her duties.

(2) Any applicable rate of tax that a community government under supervision may impose under any enactment must be established by order of the Minister.

(1) If the Minister is satisfied that the community government is unable to continue in operation for financial or other reasons, the Minister shall advise the Tłı̨chǫ Government and the Government of Canada.

(2) The Minister may, by order, dissolve a community government in accordance with any agreement made by the parties to the Tłı̨chǫ Agreement respecting the dissolution of the community government.

(1) When public notice is required under this Act, the notice must be given to the general public in one or more of the following ways:

(2) When a document is to be made available to the public under this Act, the document must be in a conspicuous place in the offices of the community government accessible to the public during the normal working hours of the community government.

(1) The Commissioner, on the recommendation of the Minister made after consulting with the Tłı̨chǫ Government, may make regulations

(2) A regulation made under subsection (1) may be specific to, or may distinguish among, one or more different community governments.

(3) The Minister may make an order respecting any matter or thing that by this Act is to be determined by an order.

(1) A bylaw, resolution, contract, licence, right or obligation of the Hamlet of Rae-Edzo that exists immediately before the effective date, shall continue in effect as if it were made by, entered into by or belonged to the Community Government of Behchokö, to the extent it is not inconsistent with this Act, until it expires or is terminated or repealed.

(2) Any board, commission, committee, office or body established by the Hamlet of Rae-Edzo that existed immediately before this section comes into force, shall continue in effect as if it were established by the Community Government of Behchokö.

(3) A person employed by the Hamlet of Rae-Edzo immediately before the effective date shall continue as an employee of the Community Government of Behchokö, until the employment is terminated.

(4) All property of the Hamlet of Rae-Edzo, including cash, assets and liabilities, is transferred to the Community Government of Behchokö.

(5) Every contract, licence, right or obligation to which subsection (1) applies and every instrument in which the Hamlet of Rae-Edzo is named shall be construed and given effect as if the Community Government of Behchokö had been named instead of the Hamlet of Rae-Edzo.

(6) For greater certainty, any right or obligation to which subsection (1) applies, arising under a contract entered into by the Hamlet of Rae-Edzo with a party, binds that party, even if the contract does not allow for an assignment or the party does not consent.

(7) Any action, application or other legal proceeding or any remedy that was commenced, or could have been commenced, by or against the Hamlet of Rae-Edzo may be continued or brought by or against the Community Government of Behchokö.

(8) Any matter that was pending before a board, commission, committee, office or body referred to in subsection (2) immediately before the effective date continues in respect of the corresponding board, commission, committee, office or body of the Community Government of Behchokö.

(1) A bylaw, resolution, contract, licence, right or obligation of the Charter Community of Wha Ti that existed immediately before this section comes into force, shall continue in effect as if it were made by, entered into by or belonged to the Community Government of Whatì, to the extent it is not inconsistent with this Act, until it expires or is terminated or repealed.

(2) Any board, commission, committee, office or body established by the Charter Community of Wha Ti that existed immediately before this section comes into force, shall continue in effect as if it were established by the Community Government of Whatì.

(3) A person employed by the Charter Community of Wha Ti immediately before the effective date shall continue as an employee of the Community Government of Whatì, until the employment is terminated.

(4) All property of the Charter Community of Wha Ti, including cash, assets and liabilities, is transferred to the Community Government of Whatì.

(5) Every contract, licence, right or obligation to which subsection (1) applies and every instrument in which the Charter Community of Wha Ti is named shall be construed and given effect as if the Community Government of Whatì had been named instead of the Charter Community of Wha Ti.

(6) For greater certainty, any right or obligation to which subsection (1) applies, arising under a contract entered into by the Charter Community of Wha Ti with a party, binds that party, even if the contract does not allow for an assignment or the party does not consent.

(7) Any action, application or other legal proceeding or any remedy that was commenced, or could have been commenced, by or against the Charter Community of Wha Ti may be continued or brought by or against the Community Government of Whatì.

(8) Any matter that was pending before a board, commission, committee, office or body referred to in subsection (2) immediately before the effective date continues in respect of the corresponding board, commission, committee, office or body of the Community Government of Whatì.

(1) A community government shall hold title to any property transferred to it under the Tłı̨chǫ Agreement, including any land, cash or other assets and liabilities transferred to it by the Government of the Northwest Territories, the Government of Canada, a band, a corporation held by a band or the Tłı̨chǫ Government.

(2) Title under subsection (1) shall vest on the effective date, unless the party making the transfer provides, in another enactment or instrument, for vesting of title at a later date.

(3) The powers and obligations of the lessor or any representative of the lessor in a lease listed in Part 2 of the Appendix to Chapter 9 of the Tłı̨chǫ Agreement shall be assumed by the community government that owns the land to which the lease relates, and any such lease shall be construed and given effect as if the community government had been named in the lease.

(1) A community government shall, as soon as reasonably practicable after this section comes into force, submit a notice to the Registrar of Land Titles to issue a new certificate of title, in the form provided under the Land Titles Act, in respect of every fee simple interest that has vested in the community government under the Tłı̨chǫ Agreement if a certificate of title has been previously issued in respect of that parcel to another person prior to that date.

(2) A community government may submit a notice to the Registrar of Land Titles to issue a new certificate of title, in the form provided under the Land Titles Act, in respect of a fee simple interest for a surveyed parcel of land that has vested in the community government under the Tłı̨chǫ Agreement but for which no certificate of title has been issued prior to that date.

(3) A community government shall submit the notice referred to in subsection (2) if

(4) Upon receipt of the notice referred to in subsections (1) or (2), the Registrar of Land Titles shall issue a new certificate of title recognizing the vesting of the fee simple interest in the community government and shall cancel any prior certificate of title.

(5) If a certificate of title was issued for an interest listed in Part 2 of the Appendix to Chapter 9 of the Tłı̨chǫ Agreement prior to the effective date, the Registrar of Land Titles may issue a new certificate of title if any of the information in the certificate changed as a result of the assumption of the powers and obligations by the community government and may cancel the prior certificate.

(6) For greater certainty, a certificate of title may only be issued under this section if the parcel of land to which the certificate relates has been surveyed.

(1) If a security interest was registered before the effective date in the Personal Property Registry under the Personal Property Security Act for personal property that has vested in a community government under the Tłı̨chǫ Agreement, the community government shall, without delay after the date of the vesting, send a written notice to the holder of the security interest advising the holder of the vesting of title.

(2) The Registrar of Motor Vehicles may cancel or modify an entry in the registry established under the Motor Vehicles Act for any motor vehicle that has vested in a community government under the Tłı̨chǫ Agreement, if any of the information in the registry must be changed as a result of the vesting.

(1) No tax or other similar charge is payable by a community government in relation to the transfer or recognition of ownership of any property, cash or other assets or liabilities transferred to, or recognized as owned by, a community government under the Tłı̨chǫ Agreement.

(2) For greater certainty, no fees are payable for the filing, cancellation or issuance of any document under sections 172 or 173.

(3) A community government shall be reimbursed for any tax, charge or fee referred to in subsection (1) or (2) that it may have paid in error.