Northwest Territories Act

Marginal note:No expenditure or compensation

• 59 (1) Subject to subsection (2), the following are to be done without expenditures by or compensation to the Government of the Northwest Territories:

  • (a) a relinquishment under section 53;

  • (b) a taking under section 55; and

  • (c) the making of a prohibition order under section 56 or 57.

• Marginal note:Exception — improvements to public lands

  (2) If the Commissioner relinquishes to the Governor in Council, or the Governor in Council takes, the administration and control of public lands, the Government of Canada must compensate the Government of the Northwest Territories for any improvements that it has made to those lands.

• Marginal note:Negotiation

  (3) As soon as practicable after the relinquishment or the taking, the Government of Canada and the Government of the Northwest Territories are to attempt to reach an agreement on the amount of compensation.

• Marginal note:Appraisal expert

  (4) If the Government of Canada and the Government of the Northwest Territories are unable to reach an agreement, they are to refer the matter to an agreed upon person with expertise in determining the value of improvements to land.

• Marginal note:Amount of compensation

  (5) That person must determine that value on a basis similar to the determination of the fair actual value of the improvements — at the time the Governor in Council takes or has relinquished to it the administration and control of the lands — calculated in accordance with the method for calculating the fair actual value of improvements to land set out in a law of general application of the Legislature relating to the assessment of taxes on real property. That value is the amount of compensation.