strengthening communities conference lands administration april 12 th and 13 th yellowknife

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STRENGTHENING COMMUNITIES CONFERENCE LANDS ADMINISTRATION APRIL 12 th and 13 th YELLOWKNIFE

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STRENGTHENING COMMUNITIES CONFERENCE

LANDS ADMINISTRATION

APRIL 12th and 13th

YELLOWKNIFE

LANDS ADMINISTRATION

Vision: communities administer land related functions in their boundaries. All other aspects of land are managed by the Division for the benefit of all Northerners.

Mission: to facilitate the transfer of lands, provide fair and equitable assessments and offer ongoing support, clear and concise information and training to communities.

STRATEGIC PLAN LANDS ADMINISTRATION DIVISION

- The long term vision is to divest itself of the day-to-day administration of Commissioner’s land within community boundaries;

- Where community governments, regional governments and/or Aboriginal self- government groups have the capacity to take on this function, responsibility for land management may be transferred;

THE DIVISION- Is comprised of three sections:

- Lands;- Planning;- Surveys and Mapping; and- Assessment

- Provides advice and support to MACA staff who administer Commissioner’s Land in the five administrative regions.

- Advice and support is also provided to community governments from time to time.

COMMISSIONER’S LAND

- MACA is responsible for the administration of Commissioner’s Land.

- Commissioner’s land is approximately 2% of the total land mass of the NWT, mostly in communities and in the Block Land Transfer areas that surround community boundaries.

COMMISSIONER’S LAND(cont’d)

-Block Land Transfers have not been granted for all communities (eg. Wrigley, Trout Lake, Jean Marie River)

- MACA also provides services to DIAND in the administration of certain Federal Lands within the Block Land Transfer boundaries through a Land Administration Agreement.

Legislation and Policy

Commissioner’s Land: Commissioner’s Land Act & Regulations, Municipal Lands Policy, Land Lease Only Policy, Land Pricing Policy

Federal Land: Territorial Lands Act & Regulations

Municipalities: By-Laws, General Plan

ORGANIZATION:

Headquarters – YellowknifeHeadquarters – Yellowknife

Programs are delivered through five regional Programs are delivered through five regional offices:offices:

-North Slave - YellowknifeNorth Slave - Yellowknife-South Slave - Fort SmithSouth Slave - Fort Smith-Dehcho - Fort SimpsonDehcho - Fort Simpson-Sahtu - Norman WellsSahtu - Norman Wells-Beaufort Delta - InuvikBeaufort Delta - Inuvik

Types of Community Lands

- Commissioner’s Land – Commissioner has administration and control

- Federal Land – Her Majesty the Queen (through DIAND) has administration and control

- Indian Affairs Branch Lands – reserved for Indian use by DIAND

- Municipal Lands – owned by the community

- Private Lands – owned by individuals or companies

Types of Land Interest

- Purchase (Fee Simple)

- Lease (Standard or Equity)

- Land Use Permit

- Quarry Permit

- Agreements for Right of Way, Easement or License- All interests are limited by legislation, by-laws, etc.

LAND APPLICATION PROCESS (Commissioner’s Land)

- Private individual or Company submits a land

application.

- Each land application must go through a consultation process which involves Government and Aboriginal organizations.

- This consultation process varies depending on the location of the land.

LAND APPLICATION PROCESS(Federal Land)

- Private individual or Company submits a land application.

- Application is reviewed for completeness by MACA and forwarded to DIAND for processing.

- DIAND also has a consultation process.

Land Acquisition by Municipalities

- Municipality must have a Land Administration By-Law.

- Land must be surveyed.

- Municipality submits a land application.

- Land is transferred subject to the Municipal Land Policy and Land Pricing Policy.

-Land in unsettled land claims areas is subject to the consultation process.

Surveys and Mapping

- Produces satellite imagery, topographical mapping and air photography of all land within community boundaries in the Northwest Territories.-Topographical mapping and aerial photography is available to the public upon request and can be viewed and downloaded from the ATLAS website. High resolution satellite imagery can also be viewed from the website but cannot be distributed to the public due to potential copyright infringements.

Surveys and Mapping

- The Surveys and Mapping section is responsible for planning and arranging for legal surveys on Commissioner’s Land. In this regard it works closely with Natural Resources Canada and the Government of the Northwest Territories’ Land Titles Office on the registration of approved survey plans.-It provides general advice to the public on the requirements for legal surveys and the process through which legal surveys are registered.

Surveys and Mapping

- The Surveys and Mapping section has a direct liason relationship with the community governments through MACA’s network of regional offices located in Inuvik, Norman Wells, Yellowknife, Fort Simpson and Fort Smith.

Surveys and Mapping

-The Surveys and Mapping section provides assistance and advice to the Lands section in identifying and proposing solutions where there are overlapping interests on Commissioner’s Land.-It also reviews subdivision plans, in conjunction with the Community Planning section to ensure that the interests of the public are protected.

Surveys and Mapping

- For the past three years much of the attention of the Surveys and Mapping section has been on the development and implementation of the Administration of the Territorial Lands Acts System (ATLAS). ATLAS uses Geographic Information System (GIS) technology to integrate written and graphic information on each parcel of land within community boundaries in the Northwest Territories.

Community Planning

The Planning Act tells communities how to plan for development in an orderly and economical way.

Community Planning Role

• Administer the Planning Act • Provide advice to regional offices and

communities on an as-required basis, on;• Community Plans, Zoning By-laws, development

schemes, Land Use Plans, Development Appeal Boards

• Administer the Area Development Act (outside community boundaries)

• Protect the Territorial Interest: ie. public health & safety

Community Planning Role

MACA RegionalOffices

MACAHeadquarters

MACA Region &

Communities

Why Should Communities Plan?

Guide Community GrowthControl DevelopmentManage growth in an efficient and

economic mannerMake land use decisions

CommunitiesCommunity Planning Responsibilities

Initiate, Fund, Prepare, Adopt, Implement, Enforce, Amend and Review planning By-laws

Communities that can’t pass By-laws, can adopt Land Use Plans by BCR or by Settlement Council motion

CommunityCommunity Planning Tools

Planning By-laws:General PlansZoning By-lawsDevelopment Schemes, or

Land Use Plans

Communities Also

Deal with Development Permits

Provide for Development Appeal Boards

Resources

MACA Home Page – http://www.maca.gov.nt.ca

MACA Legislation, Polices – http://www.maca.gov.nt.ca/resources/index.html

ATLAS – Link from MACA home page.

Questions?