Nunavut Land Claims Agreement

ARTICLE 14

MUNICIPAL LANDS

PART 1
DEFINITIONS

14.1.1
In this Article:

"Municipal Lands" means all lands within a municipal boundary, but excluding:

(a)
Inuit Owned Lands;

(b)
Crown Lands that are

(i)
the beds of water bodies,

(ii)
subject to Part 5, within a 100 foot strip along the shoreline of the seacoast, navigable rivers, and navigable lakes measured from the ordinary high water mark,

(iii)
identified in the Inventory of Government and Crown Agency Lands in Municipalities, deposited with the registrar, comprising lands required at present, or in the reasonable foreseeable future, for government facilities or operations, or

(iv)
acquired by the Crown subsequent to the date of ratification of theAgreement;

(c)
lands owned in fee simple other than lands owned by a MunicipalCorporation; and

(d)
mines and minerals, other than granular, quarry and construction materials.

PART 2
MUNICIPAL STATUS

14.2.1
Schedule 14-1 identifies those communities which, prior to the date of ratification of the Agreement have been afforded corporate municipal status under the applicable Territorial Government legislation.

PART 3
CONVEYANCE OF MUNICIPAL LANDS

14.3.1
As soon as practicable, and in any event no later than three years after the date of ratification of the Agreement, the Commissioner shall convey the fee simple estate to the Municipal Lands within the built-up area of the municipality to the Municipal Corporation. The built-up area shall include, but shall not be restricted to infrastructure requirements of the municipality including water reservoirs and facilities, community dump sites, sewage lagoons and treatment plants, borrow pits for granular, quarry and construction materials, and graveyards. Necessary remedial surveys of the built-up area shall be done expeditiously by the Territorial Government which shall be responsible for the cost thereof.

14.3.2
Subsequent to the conveyance of the fee simple estate of the built-up area of the municipality under Section 14.3.1, and upon the request of the Municipal Corporation, the fee simple estate to any or all legally surveyed portions of Municipal Lands shall be conveyed forthwith to the Municipal Corporation.

14.3.3
Any conveyance pursuant to Sections 14.3.1 or 14.3.2 shall be subject to third party interests existing at the time of conveyance.

PART 4
ADMINISTRATION OF MUNICIPAL LANDS

14.4.1
As of the date of the ratification of the Agreement, all Municipal Lands, the fee simple estate to which has not been conveyed to the Municipal Corporation, shall be administered and controlled by the Commissioner for the use and benefit of the municipality.

14.4.2
The Commissioner shall not create or dispose of any interest or estates in Municipal Lands without prior written permission of the Municipal Corporation, conditional or otherwise.

14.4.3
Notwithstanding Sections 14.4.1 and 14.4.2, following the date of ratification of the Agreement, and prior to the conveyance to the Municipal Corporation, the Commissioner may transfer administration and control of Municipal Lands to any Minister, agent, or servant of the Crown but subject to,

(a)
the approval of the Municipal Corporation, conditional or otherwise; or

(b)
the payment of compensation to the Municipal Corporation, on the same basis as if the transfer were an expropriation, and upon such transfer the lands shall cease to be Municipal Lands.

PART 5
ADMINISTRATION OF THE 100-FOOT STRIP

14.5.1
As of the date of ratification of the Agreement, the 100 foot strip referred to in Paragraph 14.1.1(b) (ii) shall be administered and controlled by the Commissioner for the use and benefit of the municipality.

14.5.2
The Commissioner shall not:

(a)
permanently alienate all or any part of the 100 foot strip referred to inParagraph 14.1.1(b) (ii), or

(b)
create any interest in all or any part of the 100 foot strip referred to in Paragraph 14.1.1(b) (ii) without prior written permission of the Municipal Corporation, conditional or otherwise.

14.5.3
Notwithstanding Sections 14.5.1 and 14.5.2, following the date of ratification of the Agreement, the Commissioner may transfer administration and control of any part of the 100 foot strip referred to in Paragraph 14.1.1(b) (ii) to any Minister, agent, or servant of the Crown but subject to,

(a)
the approval of the Municipal Corporation, conditional or otherwise, or

(b)
the payment of compensation to the Municipal Corporation, on the same basis as if the transfer were an expropriation,

and upon such transfer the lands shall cease to be administered and controlled for the use and benefit of the municipality.

PART 6
MUNICIPAL BOUNDARIES

14.6.1
Nothing in this Article shall be construed so as to prevent the variance of a municipal boundary or the creation of a new municipality after the date of ratification of the Agreement. Such variance of a municipal boundary or creation of a new municipality shall not:

(a)
affect, in itself, the title to lands;

(b)
include Inuit Owned Lands without the written permission, conditional or otherwise, of a DIO; or

(c)
require amending the Agreement.

14.6.2
Any variance to an existing municipal boundary or creation of a boundary for a new municipality shall be drawn in such a way as to provide the municipality with sufficient lands based on current and future needs to encompass:

(a)
the projected expansion requirements of the community;

(b)
the community water supply;

(c)
the solid waste disposal areas;

(d)
resource areas sufficient to provide a supply of granular, quarry, and construction materials for the community;

(e)
existing or proposed community transportation and communication networks;

(f)
community airstrips and docking areas;

(g)
a necessary buffer area around the perimeter of the projected urban community to control development and discourage unorganized development;

(h)
areas contiguous to the community that are actively utilized by the community on a continuous or seasonal basis for recreational or other purposes and which have property development implications; and

(i)
areas unique to an individual community that may arise on a case-by-case basis and which may be required by a community in the conduct of its municipal responsibilities.

PART 7
RIGHT TO ACQUIRE SURPLUS GOVERNMENT LANDS

14.7.1
Where, after the date of ratification of the Agreement, Government determines that land within a municipal boundary held at the date of ratification of the Agreement, is no longer needed for government purposes, and such land has been declared to be surplus, Government shall convey the fee simple estate to the Municipal Corporation in exchange for nominal consideration.

PART 8
LIMITS ON ALIENATION OF MUNICIPAL LANDS

14.8.1
Between the first and second anniversary of the date of the ratification of the Agreement, the Territorial Government shall conduct a referendum within each municipality to determine whether a majority of the municipal voters are in favour of restricting alienation of Municipal Lands.

14.8.2
Where a majority of municipal voters choose by referendum to restrict alienation of Municipal Lands, the Municipal Corporation shall not sell, assign, or create any interest or rights in such lands that:

(a)
exceed 99 years in duration, including any period of renewal; or

(b)
arise more than 99 years in the future.

14.8.3
Prior to the conducting of the referendum referred to in Section 14.8.1, the restrictions referred to in Section 14.8.2 shall apply to Municipal Lands.

14.8.4
At any time after 20 years, the municipal voters may elect by referendum to remove the restriction on alienation.

14.8.5
Where a municipal plan is not in effect with respect to all or part of the Municipal Lands of a municipality, the Municipal Corporation shall not create any legal or equitable interest or estate in the land or otherwise allow development to proceed on the lands, without the prior written permission of the Commissioner.

PART 9
TEMPORARY TRANSFER OF ADMINISTRATION

14.9.1
A Municipal Corporation may at any time exchange undertakings or enter into agreements with the Commissioner whereby its administrative responsibilities over all or part of the Municipal Lands that it owns may be temporarily discharged by the Commissioner.

PART 10
ABANDONED MUNICIPALITIES

14.10.1
In the event that a Municipal Corporation no longer exists, its Municipal Lands are abandoned and its Municipal Lands are not required for government purposes the DIO shall have a right of first refusal:

(a)
to purchase the lands; or

(b)
at the election of the DIO, to exchange the lands for Inuit Owned Lands of comparable value; when Government and the DIO cannot agree on the lands to be exchanged, the matter shall be resolved pursuant to Article 38.

PART 11
EXPROPRIATION OF MUNICIPAL LANDS

14.11.1
Expropriation of Municipal Lands shall occur in accordance with laws of general application.

PART 12
NEW MUNICIPALITIES

14.12.1
This Article, with the exception of Section 14.2.1, shall apply to municipalities established subsequent to the date of ratification of the Agreement, and for this purpose, "the date of ratification of the Agreement" shall be deemed to be "the date of establishment of the municipality".

SCHEDULE 14-1
EXISTING MUNICIPALITIES

(Section 14.2.1)

Baffin Region
 

Arctic Bay
 

Broughton Island
 

Cape Dorset
 

Clyde River
 

Hall Beach
 

Grise Fiord
 

Igloolik
 

Iqaluit
 

Lake Harbour
 

Pangnirtung
 

Pond Inlet
 

Resolute Bay
 

Sanikiluaq
 

Keewatin Region
 

Arviat
 

Baker Lake
 

Chesterfield Inlet
 

Coral Harbour
 

Rankin Inlet
 

Repulse Bay
 

Whale Cove
 

Kitikmeot Region
 

Cambridge Bay
 

Coppermine
 

Gjoa Haven
 

Pelly Bay
 

Spence Bay