22 GWICH’IN MUNICIPAL LANDS

22.1 OBJECTIVES

22.1.1
The objectives of this chapter are:

1. to provide the Gwich’in with land within local government boundaries for residential, commercial, industrial and traditional purposes;

2. to ensure that Gwich’in municipal lands will have legal characteristics similar to other privately owned lands within municipalities;

3. to ensure that local governments maintain adequate land for public infrastructure requirements and for residential, commercial, industrial and recreational purposes;

4. to ensure that municipal growth occurs in a timely, logical and cost-effective manner, through negotiations between the Gwich’in and the Government of the Northwest Territories or local governments; and

5. to allow for the establishment of new local governments and for the development and change of status of local governments.

22.2 GENERAL PROVISIONS

22.2.1

1. Government and the Gwich’in have agreed to the selection of Gwich’in municipal lands within local government boundaries pursuant to the process set out in appendix D. Such municipal lands are set out schedule XVI, appendix F. Where there is any change to the extent or location of Gwich’in municipal lands pursuant to this agreement, schedule XVI shall be amended to reflect this change and such change shall not be considered to be an amendment to the agreement.

2. Gwich’in municipal lands shall be held in fee simple reserving therefrom the mines and minerals, whether solid, liquid or gaseous that may be found to exist within, upon or under such lands and the right to work the same, subject to any rights, titles or interests in the lands existing at the date of settlement legislation.

3. Gwich’in municipal lands shall be held subject to the provisions of this chapter.

22.2.2
Gwich’in municipal lands may be conveyed to a participant or any other person and thereupon cease to be Gwich’in lands.

22.2.3
Nothing in this agreement is intended to prejudice the authority and jurisdiction of local governments or to interfere with their political development.

22.2.4
Following the date of settlement legislation, Canada may revoke the reservation by notation in the Land Register of the Department of Indian Affairs and Northern Development of lands reserved in the name of the Indian Affairs Branch for Indian housing within the local government boundaries.

22.3 ACQUISITION OF GWICH’IN MUNICIPAL LAND FOR PUBLIC PURPOSES

22.3.1
Gwich’in municipal lands may be acquired by means of:

1. expropriation in accordance with legislation in respect of expropriation, provided that the requirements specified in 23.1.4 and 23.1.6 shall apply to any such expropriation; or

2. the process specified in 22.3.2, 22.3.3 and 22.3.4.

22.3.2
The Gwich’in agree that Gwich’in municipal lands can be made available to local governments for the purpose of public road and utility corridors which will be of general advantage to the community. To this end, a designated Gwich’in organization shall enter into negotiations with a local government which proposes to acquire Gwich’in municipal lands for public roads or utility corridors.

22.3.3
Such negotiations shall proceed on the basis that any lands so acquired by the local government shall be without cost to the local government provided that:

1. the total lands so acquired from any parcel do not exceed 10 percent of the area of that parcel of Gwich’in municipal lands;

2. the negotiations will only apply to parcels of Gwich’in municipal lands which are each in excess of two hectares (approximately five acres) in area;

3. improvements on the land will be paid for at fair market value;

4. Gwich’in interests are taken into account in relation to the extent and location of the lands to be acquired; and

5. the local government will not acquire the lands by expropriation regardless of the outcome of negotiations.

22.3.4
If a negotiated solution as described in 22.3.2 and 22.3.3 is not possible, and a local government determines that nevertheless the acquisition of such lands is essential to the public interest, the local government may refer the matter to arbitration pursuant to chapter 6. The jurisdiction of the arbitrator shall be limited to a consideration of the necessity of the acquisition, the extent and location of the lands to be acquired by the local government and the value of improvements.

22.4 REAL PROPERTY TAXATION

22.4.1
In 22.4,
“developed Gwich’in municipal lands” means all Gwich’in lands and improvements thereon which are assessable real property within local government boundaries, as defined in the Property Assessment and Taxation Act, R.S.N.W.T. 1988, c. P-10, except for lands which have no improvements and are not serviced;

“serviced lands” are:

1. lands within a planned and approved subdivision and which are available for development; or

2. lands which are connected to or receiving local government services;

“improvements” do not include improvements which are used primarily for wildlife harvesting or other traditional purposes, including trapping cabins, camps and tent frames; and

“real property taxation” means any tax, levy or charge, or other assessment against lands for local government services or improvements.

22.4.2
Developed Gwich’in municipal lands are subject to real property taxation in accordance with legislation. Other Gwich’in municipal lands are not subject to any real property taxation by the federal, territorial or local government.

22.4.3
Should a participant or other person who occupies Gwich’in municipal lands fail to pay real property taxes levied against such participant or other person in respect of such lands when such taxes are in arrears for a period of one year or more, the designated Gwich’in organization which holds title shall be liable to pay such taxes after notice from the local government.

22.4.4

1. To assist in the post settlement transition, the Government of Canada agrees to pay to local governments any real property taxes levied for 15 years from the date of settlement legislation in respect of Gwich’in municipal lands which,

   1. prior to the date of this agreement, were lands noted within the Land Register of the Department of Indian Affairs and Northern Development as reserved in the name of the Indian Affairs Branch; or

   2. were lands intended to replace such lands in (i) as were unavailable for selection and which were identified for this purpose at the time of land selection.

2. During the 15-year period in (a), Canada shall have the same rights in respect of any assessment of taxes as a property owner.

3. Schedule XV of appendix F is a complete list of the lands referred to in (a).

22.4.5
Any participant who owns and occupies a residence on Gwich’in municipal lands shall be eligible to apply for a property tax rebate pursuant to the Home Owners Property Tax Rebate Act, R.S.N.W.T. 1988, c. H-4, notwithstanding that title to the land is held by a designated Gwich’in organization.

22.5 CHANGES IN MUNICIPAL BOUNDARIES

22.5.1
Prior to any change in a local government boundary the Government of the Northwest Territories shall consult with a designated Gwich’in organization.

22.5.2

1. Where there is a demonstrated need to change the boundary of a local government, and where such change will include Gwich’in lands, the location of the new boundary shall be negotiated by the Government of the Northwest Territories and the Gwich’in.

2. Negotiation may include terms and conditions under which Gwich’in lands will be included within a local government boundary.

3. In negotiating the change of a local government boundary to include Gwich’in lands, government and the Gwich’in shall take into consideration the following factors:

   1. any cultural, economic or other special value of the lands to the Gwich’in;

   2. the Gwich’in need to maintain land for traditional purposes or to maintain a traditional lifestyle;

   3. any arrangements for management or self-government affecting Gwich’in lands;

   4. the requirements of the local government for a change in its boundary; and

   5. any other factor deemed relevant by the negotiators.

4. Where the Government of the Northwest Territories and the Gwich’in fail to reach agreement within 120 days, either party may refer the matter to dispute resolution pursuant to chapter 6.

22.5.3
Once a new local government boundary is established, Gwich’in lands within the boundary shall have the status of Gwich’in municipal lands and Gwich’in lands beyond the boundary shall have the status of settlement lands.

22.6 CHANGE IN STATUS

22.6.1
A local government may, pursuant to territorial legislation in respect of local governments and with the consent of its residents, apply to the Government of the Northwest Territories to change its status to a settlement corporation, an incorporated charter community, hamlet, village, town or city.

22.7 NEW LOCAL GOVERNMENTS

22.7.1
Where a new local government is proposed which would include Gwich’in lands, the designation and establishment of such local governments shall be by way of negotiation and agreement between the Government of the Northwest Territories and the Gwich’in Tribal Council.

22.8 EXISTING LOCAL GOVERNMENTS

22.8.1
The following are local governments for the purposes of this chapter:

The Town of Inuvik
The Hamlet of Aklavik
The Settlement Corporation of Arctic Red River
The Hamlet of Fort McPherson

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