What We Heard Report

04 Executive Summary

06 1.0 Introduction

07 2.0 Approach to Regulations Development

08 3.0 Engagement Approach

10 3.1 Round 1 Engagement Activities

13 3.2 Considerations and Limitations YOU Table 14 4.0 What We Heard YOU 19 4.1 Feedback on Discussion Topics of 20 When is tenure needed to use public land? SPOKESPOKE 21 Land pricing Contents 22 Financial assurances and securities 24 How can the Department better support agricultural development on public land? 24 How should we manage quarries? WEWE 25 4.2 Other comments and ideas 25 General land administration 25 Community government ideas 26 NWT regulatory framework HEARDHEARD 26 Recreational land use 26 Tourism 27 Environmental sustainability 27 Unauthorized occupancy 27 Other

28 5.0 Conclusion and Next Steps

30 Appendix 1: Public Land Act Regulations Round 1 Engagement Invitations Sent 4 5

Sommaire Executive Summary Le ministère de l’Administration des terres élabore des règlements pour The Department of Lands (Department) is developing regulations to bring permettre l’entrée en vigueur de nouvelle Loi sur les terres publiques. the new Public Land Act (PLA) into force. The Public Land Act will replace Cette nouvelle loi remplacera l’actuelle Loi sur les terres domaniales et ses the current Commissioner’s Land Act and regulations and the Northwest règlements ainsi que l’actuelle Loi sur les terres des Territoires du Nord- Territories Lands Act and regulations. This initiative is part of a broader Ouest et ses règlements. Ce projet fait partie d’une stratégie plus large pour strategy to develop a modern and comprehensive legislative framework for établir un cadre législatif moderne et complet sur l’administration des terres land and natural resource management in the Northwest Territories (NWT). publiques et des ressources naturelles aux Territoires du Nord-Ouest (TNO).

This report summarizes the The Department received administration rules that provide Le présent rapport résume les Le ministère a recueilli un nombre sur l’aliénation des terres feedback the Department substantial input through the greater public clarity, transparency, commentaires que le ministère a substantiel de commentaires et publiques, soient plus claires, plus received during round 1 of public online engagement platform. and consistency for dispositions of recueillis durant le premier échange de questions sur la plateforme en transparentes et plus cohérentes engagement on the development Visitors shared many comments public land. avec le public sur l’élaboration ligne concernant la nouvelle loi et pour le public. of the Public Land Act regulations. and questions about the current des règlements de la Loi sur les les problèmes que les nouveaux The Department obtained legislation and issues they terres publiques. Le ministère a règlements devraient régler. Ce The feedback presented in this Les commentaires présentés dans this input through an online would like the new regulations recueilli les commentaires grâce sont des personnes qui utilisent report represents only one of le présent rapport ne constituent engagement platform hosted on to address. A large majority of à la plateforme d’échange avec le several sources of information that qu’une seule de plusieurs sources the Department’s ‘Have Your Say’ the online contributions came public en ligne qui est hébergée sur qui ont formulé la majorité des will be considered in drafting the d’information examinées pour la webpage and through virtual from recreational land users, sa page Web « Exprimez-vous » et à remarquesles terres à endes ligne, fins récréatives dont des proposed regulations. Importantly, rédaction du projet de règlements. meetings. including lessees, and industry la tenue de réunions virtuelles. preneurs à bail et des représentants the Department will be engaging Fait important, le ministère representatives. This participation de l’industrie. Les participants ont with Indigenous governments consultera les gouvernements et shaped the types of comments From December 10, 2020 to and organizations, community Du 10 décembre 2020 au 19 organisations autochtones, les received. Approximately one- commentaires obtenus. Environ le February 19, 2021, the Department governments, and NWT land and février 2021, le ministère visait administrations communautaires third of the comments were tiersgrandement des observations influencé leportaient genre de sought feedback on issues with the resource management stakeholders à obtenir des commentaires sur et les intervenants en gestion about lease pricing rates. Another sur le prix des baux, et un autre current legislation, suggestions of throughout the regulations les problèmes de la législation des terres et des ressources aux third of comments were about tiers sur l’utilisation récréative what to consider in the new PLA development process. actuelle, des suggestions sur les TNO tout au long du processus either recreational land use and et la disponibilité des terres ou éléments à prendre en compte dans d’élaboration du règlement. availability or better integration of sur une meilleure intégration du questions regarding land pricing, les règlements de la nouvelle loi, the NWT’s regulatory framework The Department will undertake a cadre réglementaire ténois pour tenureregulations, requirements, and answers agriculture, to specific et des réponses à des questions for land management. second round of public engagement l’aménagement du territoire. Le ministère procédera à un quarry management and security précises concernant les prix on the proposed regulations in late deuxième échange avec le public requirements. fonciers, les exigences prévues par 2021/early 2022. Overall, participants expressed les baux, l’agriculture, la gestion des Dans l’ensemble, les participants de 2021, début 2022. an interest in seeing land carrières et les exigences liées à la souhaiteraient que les règles sur le projet de règlements à la fin sécurité. d’administration des terres, plus particulièrement les règles

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Introduction Approach to 2.0 The mandate of the GNWT Department of Lands (Department) is to Regulations Development manage, administer, and plan for the sustainable use of public land in 1.0 the Northwest Territories (NWT) in a fair and transparent manner The Department is taking a phased approach to the development of regulations under the Public Land Act. committed to ensuring that land administration is clear, effective, and that reflects the interests of the people of the NWT. The Department is Public Land Act (PLA) Phase 1 is about developing the keystone regulatory provisions required into force is part of this ongoing work. efficient. Developing new regulations to bring the to operationalize the Act and bring it into force quickly. The preliminary goals of Phase 1 are as follows: This report summarizes the approach taken and feedback • Harmonize rules for the • Re-register & Refine administration of grants, Land Withdrawal Orders leases and licenses received by the Department during round 1 of public • Implement authorities – • Clarify quarry administration, complete Statutory engagement on the development of the PLA regulations. restoration, security Appointments, Ministerial requirements and general Designations, and written rights to recreate delegations

What is the Public Land Act? • Implement new requirements • Continue regulations – for public information, notices, some regulations may be left The received assent NWT residents. It also addresses Public Land Act and reporting as is and deemed continued on August 21, 2019 at the end administrative and technical of the 18th Legislative Assembly barriers to land administration, but is not yet in force. The PLA and it harmonizes the two different Although the scope of engagement in Phase 1 is limited to the regulations will repeal the Commissioner’s land administration regimes necessary to bring the PLA into force, discussions and input are expected Land Act (CLA) and the Northwest under a single Act. The PLA will to inform other Departmental policy and planning initiatives. Territories Lands Act (NWTLA) increase clarity for land users but cannot be brought into force and allow for improvements to Phase 2 will develop new policy approaches and land management tools until supporting regulations are land administration through to meet emergent and changing needs. Phase 2 will start when Phase 1 is developed. The Act consolidates the new regulations, policies, and complete and the Act is operational. Once operational, this new model will current authorities set out in the procedures. be tested and will shape the planning and scope of Phase 2. This phase CLA and the NWTLA to better serve will require extensive research and analysis before these regulations will be created or updated. Phase 2 regulations work planning may further be informed by the priorities of the Legislative Assembly and any potential devolution to the GNWT of further authorities under the Mackenzie Valley Resource Management Act (MVRMA).

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Engagement Approach Oct 2020 Jan 2021 Apr 2021 Jul 2021 Oct 2021 Jan 2022 Apr 2022

1) Preliminary scoping The engagement approach is designed to inform and consult the general and policy analysis Sept. 2020 – Feb. 2021 First round of Round 2: external review and public in the development of regulations under the new Public Land Act. public engagement comment on dra� regula�ons The objectives of the engagement are to: 2) Policy and regula�ons late 2021/early 2022 3.0 development • Establish relationships with the • Obtain information about Jan. 2021 – Apr. 2022 public and stakeholders in the technical and operational issues 3) Program prepara�on administration of public land. with the current legislation and implementa�on Nov. 2020 – Apr. 2022 (NWTLA and CLA). • Provide a forum to support public 4) Act comes into force engagement in this legislative Target: Apr. 2022 initiative while following Department is undertaking • Provide notification that the COVID-19 health measures and this work and that there  Figure 1: Phase 1 Public Land Act regulations development timeline protocols. will be an opportunity to INTERNAL REVIEW ENGAGE: ROUND 1 SCOPE DRAFT ENGAGE: ROUND 2 REFINE COMMUNICATE BRING INTO FORCE review and comment on • Provide information and clarity the proposed regulations Engagement with Indigenous Governments and Organizations for land users and the public later in 2021/early 2022. about the PLA and the scope The Department is following the the Department received interest while work continues with IGC and objectives for the Phase 1 new Intergovernmental Council from nearly all Intergovernmental members to establish a process for regulations development. (IGC) Protocol on Legislative Council members to collaborate collaboration in the regulations Development. On December 1, in the development of these development. This work and 2020, the Department invited regulations. Indigenous associated timelines represents Phase 1 of the regulations development includes two rounds of public all IGC Indigenous government governments outside of the IGC a critical path in the Public Land engagement (see Figure 1). Round 1 was intended to be educational, to members to participate in have also expressed interest in Act regulations development provide information to the public about the regulations development developing the substance participating in the regulations process. It will ensure Indigenous of the regulations through development. The Department governments are heard and that and solicited feedback on key issues of public interest in the regulations Intergovernmental Council plans to engage these governments development.work being initiated It will alsoby the set Department. the groundwork This forearly a second engagement round identified of public Secretariat collaboration. In March, through bilateral meetings regulations that are put forward. engagement in late 2021/early 2022 to review and comment on the draft their priorities are reflected in the regulations.

Collaboration and engagement with Indigenous governments and Stakeholder Engagement organizations, community governments and stakeholders will be ongoing throughout the regulations development and separate from the public The Department is planning separate from, engagement with coordinate separate panels on engagement periods. to establish technical advisory Indigenous governments. The panels to support more effective Department will release a call community governments; industry and ongoing participation from for expressions of interest for andspecific regulatory regulations boards/federal of interest to: All comments received will be considered as the Department develops key stakeholder groups in the panel membership (anticipated agencies; and non-governmental drafting instructions for the Department of Justice over 2021-2022. development of the regulations. late spring 2021). Depending organizations. These technical advisory on the number of submissions panels will run parallel to, but received, the Department may

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Round 1 Engagement Activities The engagement platform In addition, the engagement contained questions, an ideas platform hosted 2 quick poll board, and discussion boards on surveys and received the following 3.1 The Department obtained the input captured in this report through an the Department’s Have Your Say responses: online engagement platform, other written submissions and virtual website. A total of 95 written meetings. Engagement letters and correspondence were also sent to • to “how do comments were submitted on the 51 survey responses Indigenous governments, community governments, federal government you use public land?” website: departments, non-governmental organizations and stakeholders with • 55 survey responses to “what interests in the NWT’s public land administration regime. For a list of • 68 original ideas and replies on activities on public land should organizations that received an invitation to participate or engagement the Ideas board where visitors require securities?” letter, see Appendix 1. shared ideas on how to improve the existing regulations. Visitors were also able to ‘like’ ideas A summary of all comments and shared by others. responses received is provided in Round 1 engagement activities were supported by several Section 4 ‘What We Heard’. • 27 comments on the discussion publicly available educational materials. These materials were forum pages which allowed productive dialogue on key available in English and French on the ‘Have Your Say’ web page, topics: Visitor Summary • Land pricing (13 comments) with the option to request materials in other official languages. The Have Your Say Public Land • Land tenure (11 comments) Act regulations page was visited a • Quarries (2 comments) total of 2,600 times. Participants • Securities (1 comment) were asked to register with a Online engagement platform • Agriculture (0 submissions screen name and email address – but comments about and given the option to sign up for project updates. Most participants The Department held the round social media platforms, digital agriculture were shared on the visited one or more project tools 1 public engagement period and newsprint media sources, ‘Ideas Board’) or pages, gaining awareness of this online from December 10, 2020 and radio stations: • 5 questions submitted and undertaking by the Department to February 19, 2021. The online • Facebook (26,369 ad views, responded to on the Q + A page.1 (1,186 “aware visitors”). A total engagement platform was the 4,266 direct clicks) primary tool used to facilitate discussion around administrative • Twitter (4,591 views, and operational issues for 51 direct clicks) consideration in the regulations • Cabin Radio (85,716 ad views, development. 220 direct clicks) • NNSL Media (5,826 ad views) • L’aquilon (1,300 ad views) 1 The Department ran advertisements questions on lease pricing on Commissioner’s land and 2 questions on availability of land from December to February for the • Radio Taiga and A total of 5 questions were also submitted to the Have Your Say page - specifically 3 public engagement on the following True North 100.1 FM the land pricing discussion forum channel. for leasing. Additionally, the Department responded to 1 comment seeking clarification in

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of 401 visitors contributed to one Virtual meetings Considerations and Limitations of the engagement tools, visited 3.2 multiple pages, or downloaded The Department’s Due to COVID-19 public health measures, it was not possible to host public a document (“informed representatives met virtually open houses or other in-person meetings. As a result, this engagement visitors”). Of those visitors, 192 with Intergovernmental Council period was limited to an online platform. However, this initial round of (“engaged visitors”) took action Secretariat members and the engagement was intended to be very broad and educational and to inform by contributing ideas, asking Northwest Territories Association the public that the Department is undertaking this work. There will be an questions, and participating in of Communities (NWTAC) opportunity to review and provide comments on proposed regulations surveys. with representatives from 11 later in 2021/early 2022. The fact that 2,600 visits were made to the community governments to discuss engagement platform demonstrates public awareness has been raised for the regulations development. The this legislative initiative. Other online and other objective of these meetings was written submissions to provide technical information on the regulations development The Department did not propose Based on survey responses and The Department received the and the Department’s proposed options for the regulations in feedback received, a large number following input outside of the approach (including timelines) the round 1 engagement as this of participants appear to have online engagement platform: for engagement with Indigenous policy analysis and consideration been recreational land users governments and stakeholders. is still being undertaken. from Yellowknife (see Figure 3 in • one online information request Comments received through these Section 4.0). The Department is from an environmental non- meetings have been captured under round of public engagement the hoping to target more communities Between the first and second governmental organization Section 4: ‘What We Heard’. Department will be collaborating on the proposed regulations during and engaging directly with Round 2. The Department also • emails or letters from interested Indigenous governments, plans to host online dialogues parties, including federal community governments, and or virtual open houses to solicit government departments, discussion and feedback. If industry, land and water boards, and provisions in the regulations. possible, the Department will environmental monitoring stakeholders on specific topics also hold in-person engagement agencies, and non-governmental sessions (if public health organizations with interests in measures allow). the environment and land and resource management

• phone calls with representatives of Indigenous governments and non-governmental organizations, as well as individuals who asked questions about the regulations development and engagement process

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This report is intended to summarize “what we heard” about administrative and operational issues for the PLA regulations. This section summarizes the ideas and comments received during round 1 engagement and are not verbatim from particular individuals or organizations. To read the detailed comments and questions, you can visit the engagement platform at: https://haveyoursay-lands.ca/public-land-act-regulations. Written submissions and notes from meetings have been stored in the Department’s

available to supplement future engagement on policy and regulations. files for reference in the preparation of these regulations. They will also be

Key engagement topics

The Public Land Act regulations Act in 2017 and 2019, and other are technical and administrative departmental public engagement 4.0 in nature, and set out the rules initiatives (e.g., public engagement 4.0 and processes for how public land for the Recreational Leasing can be administered, including Management Framework). What how land can be disposed of we heard during the round 1 (e.g., leased) and sold. Most of the engagement can be captured public interest generated during under the following key topics: WW H H AT AT the engagement period related to • Lease pricing common public interests, such as WEWE recreational use, lease pricing, and • NWT land and resource HEARDHEARD availability of land. Results from management regulatory the survey question “how do you framework use public land” (Figure 3, below) shows that most of the engagement • Recreational land use came from recreational land users: • Environmental sustainability 44 of the 51 responses (86%) selected “general recreational • General land administration land user”. • Unauthorized occupancy

A lot of what was heard reinforced • Agriculture key themes the Department • Tourism heard during engagement for the development of the Public Land • Other 16 17

0 5 10 15 20 25 30 35 40 45 50 Figure 4 captures the number of comments or ideas in relation to

general recrea�onal user engagement questions but came out of the comments, questions and each topic. Most of these topics were not specific to the Department’s hun�ng and ﬁshing general discussion on the engagement platform. This analysis was done by doing a text analysis of all the comments received to identify unique other (unspeciﬁed) ideas (e.g., ‘manage recreational use of land’), counting their ‘occurrence’ residen�al leaseholder Indigenous tradi�onal uses grouping the ideas under a general topic or ‘theme’. This accounts for all (how many times a specific suggestion or idea was mentioned), and agricultural use the written comments submitted to the engagement platform, including ideas and replies to comments. It does not count click votes on comments commercial tourism or ideas, though those are noted below in this section, as relevant. commercial ou�i�er This section also notes the occurrence rate for each comment that was mineral development made 3 or more times. sand and gravel quarrying oil and gas development Engagement themes Figure 3: How do you use public land?

the following key themes for consideration in development of the newThe feedbackregulations: received during round 1 public engagement identified

• Make leases more affordable • Manage public land to ensure it is being used appropriately • Protect access to land for and sustainably e.g., for recreational activities

• Communicate where land enjoyment of public land general public benefit and is available and open for • Balance use of land and recreational leases compatibility of neighbouring • Integrate land administration dispositions legislation with NWT’s broader • Monitor land activities regulatory framework and enforce rules • Harmonize and standardize • Protect and preserve land administration rules the environment and processes

• Add clarity and transparency in land administration policies and procedures

Figure 4: Summary of comments received by topic

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General feedback

Through virtual meetings and calls, • Indigenous peoples are not the Department also received the stakeholders and must be following general feedback about engaged separately. the development of the regulations: • Ensure that appropriate notices • Support for improving and and measures for engagement harmonizing the regulations to and consultation processes are create more clarity, consistency required under this new regime. and certainty for all public land • Concerns about overlapping users throughout the NWT. regulatory regimes and • Changes to how public land is requirements causing confusion administered and managed must or redundancy in obtaining ensure Aboriginal rights are dispositions and other respected and protected. authorizations.

Feedback on Discussion Topics 4.1

participants. An ideas board was also hosted on the engagement platform, whereThe Have visitors Your couldSay engagement provide comments discussion and forum vote inasked favour five of questions the ideas to shared. The ideas board saw a total of 433 visitors and 128 contributors. On the discussion forum, the question on land pricing received the most comments (14 contributions, 120 page visitors), followed by the question on tenure requirements for use of public land (110 visits, 6 contributions).

This section summarizes the comments received in the discussion forum, comments posted to the ideas board that relate to a discussion forum question, and any supporting votes participants gave. Relevant comments received during virtual meetings or other correspondence have also been captured under the discussion topics in this section. To see other comments shared on the ideas board refer to Section 4.2: ‘Other comments Figure 5 a word-based conceptual illustration of the key themes from what we heard. and ideas’.

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Question:What uses of public land should require a disposition, such Land Question:What should the Department consider when pricing When is as a lease, permit or licence? What other types of dispositions should be residential, commercial, or recreational uses of land? Do these available? What uses of public land should not require a disposition? pricing categories of land seem appropriate –are there uses missing tenure that the Department should consider separately for pricing? needed to use How should the Department regulate different kinds of uses: • temporary /short-term use • exclusive use (e.g. wall tents) • non-exclusive use public land? Engagement Feedback: Department switches to assessed • Do not drastically increase • long-term use Most of the comments received lease rates; increases should related to affordability of value on Territorial land be done incrementally over recreational leases (15 total value from a flat rate appraised time and with notice • Consider different pricing comments), particularly on (4 votes in favour) for various land uses Engagement Feedback: • Any alteration to the land • The Department should manage Commissioner’s land. There was Most comments received on should require an authorization recreational land use activities: • Suggestions for new land agreement from visitors that • Subsidize land used for tenure requirements related to pricing models included: • Tenure should be required if • Some areas are overused and recreational and residential land agricultural purposes recreational land use. Participants there are any impacts to the popular recreational spots are uses should be charged less than • Set pricing thresholds based shared a lack of support for environment or wildlife seeing structures being built commercial and industrial. In • Provide clear information on on community (MTA/GTA/ population size/etc.) unauthorized occupants to be • Wall tents without a permanent • Monitoring and surveying the particular, residential lease rates lease rate pricing; there is given leases. Participants also platform are not to be a land land should help manage the in far northern and/or remote currently confusion and a lack • Revise PATA or do not use expressed overall acceptance management issue and should development of structures and communities are set much higher of transparency and perceived assessed value to price land for recreational uses of land not require a disposition than some residents can afford. fairness in how land is priced • Follow other jurisdictions without an authorization so • Some occupancies such as wall of everyone’s enjoyment and • Make leases more affordable like Alberta in how they long as those activities do not maintain sites for the benefit • Harmonize lease rates on tents have taken up the best environmental sustainability (12 occurrences; 20+ votes price land leases permanently occupy or impact Commissioner’s land trailheads or boat launches • Require everyone to follow in favour) • Set pricing based on the value the land. Generally, comments and Territorial land and this is not acceptable environmental standards (3 occurrences) • Residential lease rates are and enforce these rate minimum) and education on acceptable too high in remote northern • Remove the distinction between of the land (rather than a flat recreationalreflect an interest uses of in land monitoring to ensure • Some wall tents have been communities based on the • Set a reasonable minimum temporary/short-term use recreational and residential lease the availability and accessibility • The Department should define altered over time to become econometric modelling under and maximum lease price (3 occurrences) rates (4 occurrences) and reduce cabins and should not be the Property Assessment and based on the size of lots rents for recreational leases comments received on recreational • Some users claim exclusive granted tenure Taxation Act (PATA) • Set pricing based on road • Reduce rents for recreational landof land use for are public captured benefit. below Other in use when they do not have an • Do not allow occupancies or • Reduce lease rents for accessibility and access to leases (3 occurrences) but Section 4.2: ‘Other comments authorization and this limits give tenure in areas that are traditional and recreational community services other visitors commented that and ideas’. public enjoyment of these sites popular for recreational use users • Set new pricing model recreational lease rate pricing • Establish structures for non- • Do not charge lease rents based on built structures • Opinions were divided on what • Transient users without is reasonable tenure often have less regard residential use that are open for traditional users or uses should require a disposition: • Set recreational lease rates • Use equity leases as for stewardship of the land to communal use year-round offer reduced lease rates • All uses, except for day-use to residential lease rate: lease-to-own consistently than lease holders and designate organizations to Indigenous peoples and camping, should require 5% of assessed value across the territory to maintain these • Charge reduced lease rates a disposition (7 votes in favour) • Unauthorized occupants to seniors and others below • All permanent structures should be held to the same • A new pricing regime for all income thresholds require a disposition standards as lessees or dispositions will be a change • Set a maximum lease rate cap should not be given tenure that could be a shock if the (4 votes in favour)

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Financial Engagement Feedback: • Limit the Minister’s discretionary • The GNWT’s role is to enforce powers to set mine security, land use permits issued by made regarding security closure, and restoration the Land and Water Boards assurances & Question: Only one comment was specifically requirements in the discussion requirements (8 occurrences; • Inspection authorities under letters of credit supplied by authorized users of land and water, and held by forum questions. However, there 80 votes): the MVRMA have been securities government,“Securities” to ensure arethere funds is money (cash) available or financial to clean assurances up a site, such if needed.as were several comments from • Allowing Ministerial discretion delegated to GNWT staff so industry stakeholders made to to control land use undermines the GNWT does not need to the Ideas Board. Comments related the jurisdiction of the Land impose additional land use to security requirements have Security deposit requirements securities to cover the costs of land? What factors should the and Water Boards and the controls through the lease been captured below: decommissioning and reclamation. determination take into account? intentions of the instrument co-management regime authorizations such as water • Provide greater clarity, licences,are often landconditions use permits, of specific or • Use environmental surety bonds • The Department of Lands Currently, security is calculated on The GNWT’s preferred forms of consistency, and transparency leases. Securities are required for securities. The amount of should not be able to approve the basis that it must cover 100% of security are cash and irrevocable in the regulations - including for resource development and cash security and irrevocable or reject management and what it would cost the government letters of credit. Do you have any security requirements infrastructure projects, as well letters of credit are usually closure plans approved by to remediate the project. How suggestions about this? as other types of land uses. If an the Boards would you propose the Department owner or operator abandons a site a clean-up, if required. “An • Requiring maintenance The engagement platform also calculate the amount that is or becomes insolvent (bankrupt), What information should the GNWT Environmentalinsufficient to properly Surety Bond address and restoration of the land polled participants on when required for dispositions on public the government can use the report to the public about securities? is a unique guarantee that to a condition “satisfactory securities should be required

contractors will comply with to the Minister” duplicates (Figure 6). A total of 55 responses federal regulations and the Land and Water Boards’ were received and results show environmental policies. regulatory requirements strong support for mandatory 0 10 20 30 40 50 60 It is designed to prevent security on industrial and • Do not impose measures that are environmental damage commercial operations, but mining redundant of requirements under by covering construction less for agricultural operations. the MVRMA, such as double- oil and gas projects and hazardous bonding security requirements: materials within the bond. quarrying If a bond needs to be invoked • The increased cost to by the GNWT, then the issuing proponents creates barriers commercial opera�ons bonding company looks after to investment opportunities the required decommissioning and Territorial economic forestry and reclamation.” development seismic surveys

agriculture

other (unspeciﬁed)

Figure 6: What kinds of activities on public land should require securities?

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How can the Department Question: What barriers currently exist in obtaining land for commercial agricultural 4.2 support agricultural activities? How could new land administration Other comments and ideas regulations under the Public Land Act better development on public land? support development of the NWT food industry? The engagement platform Ideas Board generated a lot of input. Those comments have been captured and grouped by engagement topic. Some of what we heard is beyond the scope of this project, while other feedback relates to the legislation and authorities Engagement Feedback: ensure that wastes (especially of other departments. The Department of Lands will be sharing this report with other Ideas on how to support North Slave region) manure), fertilizers, pesticides, GNWT departments with responsibilities for land and resource management, such as capacities (specifically in the agriculture and food production invasive species and pathogens Environment and Natural Resources and Industry, Tourism and Investment, to ensure • Include regulatory provisions on public land included: are controlled and regulated this feedback is heard. for non-permanent grow covers on agricultural leases and do • Need on-site residency for such as low impact greenhouses not harm the surrounding agricultural leases to ensure and consider future agricultural environment or wildlife agricultural investments can be operation needs such as General land Community protected and maintained hydroponics administration government ideas operations should include • Use easements or land parcels • Subsidize commercial • A definition of agricultural the harvesting and processing The following comments were • The Lands Advisory Committee support community planning adjacent to existing leases for agricultural operations (through of native wild herbs, berries, provided on general land process which reviews and development through agricultural production reduced lease rent or lower birch syrup, and mushrooms administration: applications for disposition the recouping of land • Create opportunities for as agri-foods and non-timber development costs and these operations promote • Do not allow for administrative homesteading (7 votes) taxes) as profit margins are low forest products; this is consistent local and northern food security monetary penalties to be used • Comments from the Department with federal Government of is not efficient • Concern that names of • Local and sustainable agricultural about compatibility of a applicants and the purpose • Establish environmental safety Canada guidelines production is challenged by should be preventative and proposed land use with a on lease applications for guidelines for agriculture to (3 occurrences; 6 votes); fines northern climates and soil not punitive (or ‘punishing’) community zoning bylaw is the review have been redacted

responsibility of community • Standardize leases governments, (4 occurrences; 5 votes) not the GNWT • Implement a public • New regulations should Quarries are managed differently under the two existing pieces of appeals process (3 votes) How should Question: address issues relating to lands legislation. The Public Land Act will harmonize the establishment, operation and • Provide clear information within and around municipal we manage restoration of quarries on public land. Do you have any concerns or advice about on rights and responsibilities boundaries, including land the way sand and gravel resources are currently managed or should be managed to use land transfers to municipalities in the future on public land? quarries? and different processes and • Review limits to tenured requirements on Territorial parcel sizes and Commissioner’s Land Engagement Feedback: • The current regulations only of these is not straightforward. The following comments were refer to municipal corporations The Devolution Agreement • Carry out consultation with • Allowing municipalities to received in relation to quarry and this excludes Indigenous allows for regional variations and nearby lessees on commercial management: designated authorities these regulations may need to lease applications prior to a disposition or have the right of first refusal address quarries on public land grant being issued within • Water after quarry blasting to • There are quarries on private • Grant title to leases in different parts of the NWT community boundaries will control dust lands as well and management (5 occurrences)

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NWT regulatory framework Recreational land use Tourism Environmental Unauthorized occupancy sustainability • Limit Minister’s discretionary • Manage recreational land use • Consider the impacts of • Granting leases to unauthorized powers over lease terms activities (7 occurrences) tourism leases on other • Ensure the environment occupants unfairly penalizes and conditions to increase nearby uses and wildlife are protected lease holders (10 occurrences; • Manage access to the transparency and certainty (4 occurrences) 10 votes) backcountry (3 occurrences) • Create buffer zones to (8 occurrences; 80 votes) protect tourism areas • Require an environmental • Affordable lease rates • Protect access to recreational • Add greater clarity on the rules from industrial activities review for road building will reduce unauthorized areas for all land users in the regulations to standardize occupancy (4 votes) (3 occurrences) • Support access to remote and modernize surface lease • Balance socio-economic wilderness tourism development with • Charge penalties to terms and conditions • Open up new recreational conservation/protection unauthorized occupants (4 occurrences; 80 votes) lease areas • Create a recreational and and ensure responsible (5 occurrences) tourism land tenure system • Do not impose measures that • Designate areas for land use (5 occurrences) to support tourism operators would be redundant to the quad trails • Preserve undeveloped existing MVRMA process • Protect popular tourism Other • Protect popular recreational wilderness areas (4 occurrences; 81 votes) destinations destinations • Public consultation • There is too much uncertainty • Clean up abandoned sites is important for proponents in how a • Create more campgrounds (5 occurrences; 4 votes) (5 votes) lease will be administered • Communicate an action • Engage residents in remote (5 occurrences; 84 votes) • Establish more territorial plan for remediation of northern communities on these regulations • The land administration and national parks or abandoned mine sites wildlife areas system creates political and • Clean up garbage and • The engagement platform

• Create more off-highway dumping at access points was confusing and and impedes economic parking and signage and off highways investmentfinancial risk (8 for occurrences; developers 80 votes) • Don’t ticket leaseholder • Create a nomination process difficult to use boats and trailers and to establish protected areas improve access to lease (3 occurrences) parking (20 votes)

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Overall, public engagement indicated support for the development of new regulations to administer public land in the NWT. In particular, participants expressed a desire for new regulations that provide greater clarity, transparency and consistency in land administration rules and practices. Regulatory topics of most interest to the public were land pricing, recreational land management (and leasing), and the interface of land administration legislation with the NWT’s broader regulatory framework for land and resource management.

General public awareness appears to be high for this initiative, and the All of the input Department received substantial input through the online engagement platform. The feedback presented in this report represents only one of received will be several sources of information that will be considered in developing the proposed regulations. Importantly, the Department will be engaging with considered by other GNWT departments, Indigenous governments and organizations, community governments, and NWT land and resource management the Department 5.0 stakeholders throughout the regulations development process. 5.0 in developing the All of the input received will be considered by the Department in regulations. developing the regulations. This “What We Heard” summary report will be CONCLUSION posted to the Department’s website and sent to those organizations that CONCLUSION participated in the engagement process. && NEXTNEXT STEPSSTEPS A key objective of the round 1 engagement was to provide information about the Public Land Act and the regulations development work being initiated by the Department. The Department will undertake a second round of public engagement for review and comment on the draft regulations in late 2021/early 2022.

For more information, contact:

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Stakeholder Engagement Letter – • Gwich’in Land Use Planning • NWT and Nunavut Construction APPENDIX 1: January 6, 2021 Board Association • Gwich’in Renewable Resources • NWT Chamber of Commerce • Alternatives North Board • NWT Food Network Public Land Act Regulations • Arctic Energy Alliance • Independent Environmental • NWT Recreation and Parks • Association of Mackenzie Round 1 Engagement Invitations Sent Monitoring Agency Association • Innovation, Science and Economic • NWT Royal Canadian Mounted • Beverly and Qamanirjuaq Caribou Mountains Outfitters Development Canada Police Management Board Intergovernmental Council NWT Indigenous Governments Transboundary Indigenous • Inuvialuit Environmental Impact • NWT Tourism • Canada Energy Regulator Invitation to Participate (per the Engagement Letter – December 9, Governments Engagement Letter – Review Board • Canada Mortgage and Housing Legislative Development Protocol) 2020 December 9, 2020 • Inuvialuit Water Board Gas Operations – December 1, 2020 Corporation • Office of the Regulator of Oil and • Akaitcho Dene First Nations • Athabasca Chipewyan First • Mackenzie River Basin Board • Parks Canada • Canadian Heritage • Acho Dene Koe First Nation and • Dehcho First Nations Nation • Mackenzie Valley Environmental • Porcupine Caribou Management • Canadian Northern Economic the Fort Liard Métis Local #67 • Black Lake Denesuline First Impact Review Board Board • Deh Gáh Got’îê First Nation Development Agency Nation • Mackenzie Valley Land and Water • Sahtu Land and Water Board • Fort Providence Métis Council • Canadian Parks and Wilderness • Gwich’in Tribal Council • Dene Tha’ First Nation Board • Denínu Kų́ę́ First Nation • Fort Simpson Métis Local #52 Society • Sahtu Land Use Planning Board • Inuvialuit Regional Corporation • First Nation of Na-Cho Nyäk Dun • Mining Watch Canada • Jean Marie River First Nation • Crown-Indigenous Relations and • Sahtu Renewable Resources • National Defence • Ka’a’gee Tu First Nation • Fond Du Lac Denesuline First Northern Affairs Canada Board • Northwest Territory Métis Nation Nation • Natural Resources Canada • Snap Lake Environmental • Kátł’odeeche First Nation • Crown-Indigenous Relations and • Sahtu Secretariat Incorporated • Fort Chipewyan Métis Local #125 Northern Affairs Canada • Nature Canada Monitoring Agency • Łı́ı́dlı̨́ı̨́ Kų́ę́ First Nation • Ghotelnene K’odtineh Dene • Nature Conservancy of Canada • Tides Canada • Salt River First Nation • Mountain Island Métis • Ducks Unlimited Canada - NWT • Łutsel K’e Dene First Nation • Hatchet Lake Denesuline First • Nature United • Transport Canada • Nahanni Butte Dene Band Nation • Ecology North • Ni Hadi Xa • Wek’èezhìi Land and Water Board • Tłı̨chǫ Government • North Slave Métis Alliance Office • Kaska Dena Council • Environment and Climate Change • Northern Air Transport • Workers’ Safety & Compensation • Pehdzéh Ki First Nation • Liard First Nation Canada Association Commission • Sambaa K’e First Nation • Mikisew Cree First Nation • Environmental Impact Screening • Northern Farm Training Institute • World Wildlife Fund Canada • Smith’s Landing First Nation • Northlands Denesuline First Committee (Inuvialuit Settlement NWT • West Point First Nation Nation (Band #317) Region) • Northwest Territories Board • Yellowknife Métis Council • Nunavut Tunngavik Incorporated • Environmental Monitoring Forum • Yellowknives Dene First Nation • Prince Albert Grand Council Agency Advisory Board for the • Northwest Territories Business (Dettah) Diavik Mine • Saskatchewan Athabasca Development and Investment • Yellowknives Dene First Nation Denesuline • Fisheries and Oceans Canada Corporation • Denesuline Ne Ne Land • Fisheries and Oceans Canada • Northwest Territories Power Corporation (Ndilǫ) Corporation • Fur Institute of Canada • Ross River Dena Council • Geological Survey of Canada • Northwest Territories Surface Rights Board • Sayisi Dene First Nation • Giant Mine Oversight Board • NWT & Nunavut Chamber of • Vuntut Gwitchin First Nation • Gwich’in Land and Water Board Mines

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Community Governments and • Hamlet of Fort Providence Northwest Territories Association • Hamlet of Fort Resolution of Communities Engagement Letter • Hamlet of Paulatuk – January 21, 2021 • Hamlet of Sachs Harbour • Behdzi Ahda First Nation • Hamlet of Tuktoyaktuk • Charter Community of • Hamlet of Tulita Tsiigehtchic • Hamlet of Ulukhaktok • City of Yellowknife • Jean Marie River First Nation • Community Government of • Ka’a’gee Tu First Nation

• Community Government of Behchokǫ̀ Gameti • Kátł’odeeche First Nation • Nahanni Butte Dene Band • Community Government of • Łutsel k’e Dene First Nation Wekweètì • Sambaa K’e First Nation • Community Government of Whatì • Pehdz eh Kı̨́ First Nation • Town of Fort Smith • Town of Hay River • Fort Good Hope (K’asho Got’ine) • D elı̨nę Got’ı̨nę Government Dene Band • Town of Inuvik • Hamlet of Aklavik • Town of Norman Wells • Hamlet of Enterprise • Village of Fort Simpson • Hamlet of Fort Liard • Yellowknives Dene First Nation (Dettah) • Hamlet of Fort McPherson

What We Heard Public Land Act Regulations Development Public Engagement Summary Report

SS TAY TAY FORFOR TUNEDTUNED ROUNDROUND22

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