8.0 Program and Service Delivery

This section of the Handbook provides an overview of the various programs and services that most municipal governments are responsible for and the role of the LGA in managing these activities.

Community land management is a complex topic. The LGA needs to have an understanding of how land can be acquired and disposed of, what land use planning is about and the practices involved in land administration. Detailed information is available in the SAO Land Management Guide.

A variety of legislation exists to deal with the various types of land ownership in the NWT. The federal government has its own laws to deal with federal crown land, the GNWT has laws dealing with Commissioner’s Land, and Aboriginal governments have laws to deal with their land.

Land management requires that Council make decisions on:

• acquisition of land,
• disposal of land (selling or leasing),
• terms and conditions of land contracts and permits,
• use and development of land and
• land pricing.

To support Council, the LGA needs to have an understanding of:

• legislative authorities,
• community planning,
• land development,
• property and contract law and
• surveying.

Federal crown land in and around communities that has been transferred to the GNWT is referred to as “Commissioner’s land”. It is controlled and managed by MACA in accordance with the Commissioner’s Land Act and Regulations. The Regulations contain the details on how MACA administers Commissioner’s land. Basically, MACA uses the regulations to prepare and assign leases, surrender or cancel leases and issue quarry and land use permits.

Much of the land that MACA administers is within community boundaries. MACA involves municipal governments in land matters through consultation. It is important that the LGA brings applications for Commissioner’s land to the Council’s attention for review and comment so that MACA can utilize Council input in making decisions on permits and leases.

Territorial municipal legislation provides municipal governments with the opportunity to own, manage and dispose of land. To do so, a Council must adopt a land administration bylaw.

The GNWT’s Municipal Lands Policy sets out the conditions under which the GNWT will transfer Commissioner’s land to municipal governments or allow municipal governments to act in disposing of Commissioner’s land to the public. Disposal of land to an individual or business is done either as a sale or through a lease. It should be noted that Tłı̨chǫ community lands may only be disposed by lease until 2025 and then only sold if the community has voted in favour of a bylaw allowing sales.

The Land Titles Act and Regulations apply to to all titled lands in the NWT. It is critical that the LGA and Council understand that before land owned by the municipal government can be leased, sold or mortgaged, a legal survey must be done and there must be a Certificate of Title registered in the Land Titles office in Yellowknife. The Land Titles Office is responsible for issuing a Certificate of Title for a parcel of land but cannot do so without a legal survey.

A community land use plan helps Council organize and control the use and development of land within the community boundary. A good land use plan anticipates future community needs, establishes goals and priorities for development, specifies the location of new development and helps avoid land use conflicts. As such, it serves as a guide to assist Council in making land-related decisions.

The Community Planning and Development Act quite a bit of detail on how land use planning and development control must be done in the NWT. This legislation specifies that if a municipal government adopts a General Plan (often referred to as a community plan), it must also adopt a zoning bylaw (Planning Bylaws Handbook). A zoning bylaw carries with it the requirement that all proposals for development must receive a development permit before proceeding. ‘Development’ as defined by the Planning Act, includes ‘a change in land use or any construction, excavation or other change to land’. Council must appoint a development officer in order to be responsible for the day-to-day administration of the zoning bylaw.

Smaller municipalities, Designated Authorities or those that do not have significant development pressures, may not want to use the General Plan / zoning bylaw approach. Instead, a community can adopt a land use plan. A land use plan is adopted by resolution of council and represents council’s view of how and where development should proceed in the community. It is not passed under the Planning Act, so as to avoid the need for the further adoption of a zoning bylaw. Enforcement of a land use plan is a less formal process as it is closely linked to land application procedures and the municipal government’s recommendations.

Typically, land development occurs in several stages including planning, approvals, construction and lot sales or leases. Community governments, where they have taken on full responsibility for land development, should price lots at a level that will recover the development costs.

Typical land development activities include:

• subdivision design and engineering,
• clearing of right of ways,
• drainage work,
• provision of public roads,
• power and telephone servicing,
• other utilities (water and sewer, gas etc) and
• legal survey of the lots.

Tools that can help a community government track and manage land include:

Land Inventory The most basic requirement is to keep an up-to-date listing of all parcels of land organized by the legal description. This allows staff to answer questions about the availability and status of any parcel of land in the community.

Mapping The creation of community maps is a specialized task. MACA has developed the ATLAS system which uses different layers of information to create digital maps that can be used on a computer or printed.

Land Application Process The process that a municipal government uses needs to be able to deal with the types of applications for parcels of land that come from the public, government agencies and businesses. Key steps in the process typically include:

• assisting applicants select an available parcel and fill in the land application form,
• confirming the application is complete and correct,
• collecting the application fee and providing a receipt,
• recording the application,
• consulting with other agencies,
• preparing a recommendation to Council and
• advising the applicant of the Council decision.

Training in land management and administration Land Administration for SAOs is available from the School of Community Government.

The management of drinking water is a shared responsibility of all levels of government:

• Community governments are responsible for providing safe drinking water to residents by owning, operating and maintaining water treatment plants and distribution systems.
• The GNWT is responsible for the regulation of water supply systems and providing certification for water treatment plant operators. The GNWT completes infrastructure reviews on the majority of water treatment plants in the NWT and provides training and support to water treatment plant operators.
• Health Canada publishes the (Canadian Drinking Water Quality Guidelines )Canadian Drinking Water Quality Guidelines that the Department of Health and Social Services has adopted under the Water Supply System Regulations.
• Inspections to ensure compliance with the terms and conditions of community Water Licenses are done by AANDC and are regulated under the Mackenzie Valley Resource Management Act and the NWT Waters Act. The inspection reports are provided to the Land and Water Boards for posting on their public registries.

Safe drinking water is a matter of public health. It is essential that the LGA work closely with the water treatment plant staff to ensure water quality standards are maintained at all times. The LGA must report immediately to the Environmental Health Officer and Chief and Council if there are any concerns that the water is not safe to drink.

The GNWT approved Water and Wastewater Operator Certification Guidelines in 2006. The guidelines set standards for classifying water treatment plants and certifying water treatment plant operators. In the NWT there are four (4) different water treatment plant classifications: Small Systems, Class I, Class II, and Class III. Classifications are based on a number of criteria. Until April 1, 2010 operator certification was voluntary; however, with the changes to the Water Supply System Regulations, WTP operator certification is now mandatory. The GNWT Water and Wastewater Certification Committee approved an option for restricted certification of operators. Restricted certification may be issued on a case by case basis by the Certification Committee to an operator who is able to meet some, but not all of the certification components.

MACA provides funding to support municipal governments in providing water and sewage services through the Water & Sewer Services Funding Policy. Community governments are funded according to a standard cost model. This model assumes a due diligence approach to operations, that municipal governments will charge consumers for water and sewage services through the enactment of a water and sewage rates bylaw, and recognizes that there is a “fixed” cost of operations, regardless of consumption.

Key LGA responsibilities with respect to water delivery include:

• overseeing the operation and management of the water supply, treatment and distribution systems (This includes ensuring that water license terms and conditions are met and that operations are in compliance with the (Water Supply System Regulations),
• recommending to Council an adequate budget for O&M and capital,
• recommending to Council the economic, residential, commercial and government rates for water and sewer services,
• responsible for the maintenance of the water license,
• approving the work plan for the water treatment plant operator, including training,
• ensuring the purchase of chemicals and spare parts,
• ensuring trained operators are available to operate the system,
• reporting immediately to the Environmental Health Officer and Chief and Council if the water is not safe to drink and
• ensuring residents are advised to periodically clean their house water tanks.

Most GNWT municipalities are required to have a water license under the NWT Waters Act. Water licenses help to protect community drinking water sources. They define how much raw water the community can take from the source and how to dispose of waste so it doesn’t harm water bodies.

Water licenses are a regulatory requirement and are issued by one of five regulatory boards in the NWT (see section 3.2).

Aboriginal Affairs and Northern Development Canada (AANDC) Resource Management Officers inspect the water, wastewater and solid waste facilities to make sure water license requirements are followed. Common water license requirements include annually reporting water use and sewage disposal volumes, sampling sewage effluent and landfill leachate, reporting sampling results and spills and developing operations and maintenance manuals.

One of the essential responsibilities of municipal governments is to protect community residents by providing a safe, stable and healthy community. While risks can never be eliminated completely, Council, the LGA and staff have a responsibility to minimize those risks as much as possible.

The LGA and Council play an important role in a community’s fire protection and prevention. (Fire Protection Handbook and Protection Assessment). The LGA and the Council work in partnership with the community’s Fire Chief/Local Assistant, Fire department and the Office of the Fire Marshal.

Council, with support from the LGA, is responsible for:

• adopting a fire protection bylaw that states the levels of fire services (i.e. fire response, dangerous goods response) that are available, the cost of the services and the protection area covered by the community’s fire department;
• setting the budget for the community fire department based on levels of fire service provided and,
• planning and budgeting for major expenditures such as fire halls and replacing fire apparatuses.

The LGA, Council and the Fire Chief/Local Assistant are encouraged to meet regularly to discuss the activities and status of the community’s fire department. It is important for the LGA to have a firm understanding of the fire department and its operations as the LGA is the alternate for the Fire Chief/ Local Assistant should he/she be absent.

The Fire Chief/Local Assistant should be prepared to advise Council on the current activities and status of the fire department.

Bylaw enforcement varies widely from community to community. While there are no “hard and fast” enforcement rules in GNWT legislation, it is important that the LGA be familiar with the structure of bylaws (see Section 4.3) in order to understand the details of enforcement within their community.

Each bylaw requiring enforcement should contain within it provisions detailing the scope of the bylaw as well as any consequences for not adhering to the bylaw. A useful example is a dog control bylaw which usually outlines specific restrictions, such as the number of dogs allowed to be tethered outside a residence or local licensing requirements. The bylaw will also detail consequences and penalties – in this case fines, dog seizure or dog destruction, etc. – for those who fail to comply with the bylaw, as well as who has the authority to enforce it.

In many municipalities, there is a bylaw enforcement officer. In smaller municipalities, the LGA or other municipal staff may be required to take on these duties. Regardless of who does the job, bylaw officers must be appointed by bylaw.

Risk can be defined as the possibility of a loss or adverse event occurring that will interfere with normal operations. Types of risks that are relevant to municipal governments include property risks, auto risks, liability risks and crime risks.

Risk management is a process that helps a municipal government identify, understand and reduce the risks that it is exposed to. Having a clear understanding of all potential risks enables a municipal government to take appropriate actions to reduce or prevent losses. Such actions may include finding ways to reduce potential risks, reduce the severity of a loss or purchase some form of insurance.

A good risk management plan can be developed by answering three questions:

1. What Can Go Wrong? (risk identification) – this involves identifying and analyzing what could go wrong and what would happen if a loss occurs. Key questions to consider include identifying the types of losses that could occur, determining the impacts if a loss occurs and assessing how often a loss might occur and how severe it may be.

2. How Can We Stop It From Going Wrong? (risk control) – once potential losses and the resulting impacts are understood, the next step is to identify actions that can be taken to reduce risks. Actions for managing risks include minimizing the possibility of a loss occurring, reducing the frequency or severity of a loss or reducing the impacts that result from a loss. Appropriate policies, bylaws and operating procedures are ways to control risks and lower the chances of incurring a loss.

3. If Something Goes Wrong, How Do We Pay For It? (risk financing) – Not all risks can be avoided or managed. Risk financing involves looking at different ways to pay for losses.

There are four main areas where a community government may be exposed to risks:

Property – mobile equipment (graders, loaders, pump trucks etc), vehicles, buildings, contents and recreational facilities are all examples of property that are usually owned by a community government. It is important that the LGA maintain up-to-date asset inventories and review insurance policies to make sure coverage levels are adequate. In terms of buildings, most losses to a building are fire-related due to poor maintenance, improper storage of materials or inadequate training etc. To reduce these risks, buildings should be kept neat and well-maintained, fire extinguishers should be installed and kept in good working order and all staff should know where they are and how to use them.

Auto – most accidents are caused by driver error, lack of experience, lack of familiarity with the vehicle or poor maintenance. Community government staff hired to operate heavy equipment or big vehicles should be experienced or receive proper training. Mobile equipment should be inspected daily, if problems are found these should be reported and fixed right away. In addition, regular, scheduled maintenance should be done according to established standards and procedures.

Liability – An organization can be legally liable for damage or injuries if all reasonable precautions weren’t taken to prevent them. The following are some of the criteria used to determine whether or not the appropriate standard of care was applied:

• Whether the danger was foreseeable.
• Whether the occupier’s conduct was in accordance with acceptable standards of practice.
• Whether there was an adequate system of inspection (considering the risks involved) in place and carried out.
• Whether the danger was allowed to exist for an unreasonable amount of time.
• The ease with which the danger could have been prevented.

Slips, trips and falls result in some of the most common and costly liability claims for many types of organizations. Community Government buildings should be well maintained and inspected on a regular basis. Snow and ice should be removed from stairs and entrances and other high-traffic areas. Community governments should also have adequate liability insurance and LGA’s should review and be familiar with insurance details.

Crime – community governments can help reduce risks related to crime by enacting bylaws (such as curfews and alcohol prohibition) that help prevent crime. Crime prevention and investigation is the responsibility of the RCMP, which has 20 detachments throughout the NWT.

It is important that the LGA maintain up-to-date asset inventories and review insurance policy schedules to make sure all property is listed on the schedule. In addition, policies, bylaws, and procedures for all areas of operation are important tools for risk management and control. This includes, for example, the bonding of employees and contractors.

For additional information, see section 1 of the NCIP Risk Management Manual.

All incorporated municipalities in the NWT are members of an insurance program offered by the NWT Association of Communities (NWTAC) called the Northern Communities Insurance Program (NCIP). Within NCIP the member municipalities self-insure a significant portion of their risks through a licenced Insurance Reciprocal Exchange called the Northern Communities Insurance Exchange (NORCIX). This community owned reciprocal exchange insures the first $1,000,000 of all Property, General Liability, Auto Liability losses and 100 % of all Auto Physical Damage losses.

The NCIP and NORCIX offices are operated by experience insurance professionals employed by the NWTAC office in Yellowknife. All insurance services to the member municipalities are provided by the NCIP office and include:

• managing all Community property/auto schedules and certificates,
• invoicing all municipalities for their portion of the Insurance premiums,
• collecting premiums from all members,
• receiving all claims and assign them to a Northern Insurance Adjuster,
• co-ordinating the appraisal services for each member,
• delivering loss prevention program to the members,
• providing contract review to all members from a risk management perspective,
• providing general insurance council and advise to all members and
• arranging any specialized insurance requirements for community members.

Loss Prevention is the key to a successful self-insurance program. To assist municipalities NCIP has implemented a Loss Prevention Incentive Program to help reduce losses and save municipalities money. In 2010 NCIP committed annual incentives of $500,000 to be returned to its members for the overall good claims experience of the program and loss prevention activities performed by municipalities over the next three years. 25% is being returned as a credit for the good claims experience of the program. The remaining 75% is available for loss prevention activities performed by each community. How much each community is eligible to receive is based upon the percentage of their insurance premiums paid into the overall program. For a community to receive 100% of their annual incentives, they must perform three mandatory activities.

1. Take the one day Loss Prevention Work Shop offered by NCIP in their community
2. Inspect their buildings to identify liability and any property hazards
3. Eliminate or reduce the hazards identified from the inspection

Loss prevention is closely linked to risk management. Therefore, the one day workshop offered by NCIP offers Risk Control Training to staff and council in all NWT municipalities.

For more information on the insurance program please contact the NCIP office at 1-866-973-8359 or visits their website at NCIP and NORCIX

Any community is vulnerable to potential emergencies caused by technology failures, extreme weather events or exposure to hazardous materials. The Civil Emergencies Measures Act requires that all municipalities have an Emergency Plan in place.

An Emergency Plan ensures that a community is prepared to deal with an emergency or hazard. It identifies the role and responsibilities of the various agencies involved, specifies the chain of command for handling an emergency and lists the resources available that a community can mobilize in the event of an emergency.

Additional resources are available on preparing a community emergency plan and on how households can prepare for emergencies. For more information, go to the Emergency Planning Tool for Communities. MACA's Emergency Plan Template and Emergency Plan Instruction Manual

An Emergency Preparedness Guide is also available to assist households prepare for an emergency.

Sport, recreation and cultural activities are all essential to the health and well-being of individuals and communities in general.

Recreation refers to programs or services which serve to promote the physical or mental health and well being of community residents. Recreation programs and services are funded through the municipal government and usually administered by a recreation coordinator.

Under MACA’s Recreation and Sports Contribution Policy, municipal governments can obtain funding to support the delivery of sport and recreation activities. Eligible activities include:

• participation in recreation and sport events,
• development and delivery of recreation and sport activities including a public aquatics program and traditional Aboriginal recreation and sport activities,
• development and delivery of recreation training, skills workshops or clinics,
• acquisition of sport and recreation equipment for public programs and
• development of recreation and sport plans.

There are a variety of organizations in the NWT involved in promoting sport and recreation that may be of assistance to community recreation coordinators in the development and delivery of sport and recreation programs and events. These include:

• the NWT Sport and Recreation Council,
• the Sport North,
• the Aboriginal Sport Circle of the NWT and
• the NWT Recreation and Parks Association

Most communities have a Recreation Coordinator position that takes care of recreational facilities and organizes and delivers recreational and cultural activities. Under the general supervision of the LGA, the Recreation Coordinator is typically involved in:

• ensuring that recreation facilities are maintained,
• planning and developing sport and recreation programs and activities,
• planning and delivering cultural activities such as special events, feasts, festivals etc.,
• scheduling and promoting upcoming activities and events to the community,
• leading or supervising recreational and cultural activities and events, particularly for youth and elders and
• administering recreation and cultural programs by developing plans, preparing and monitoring budgets and preparing regular and yearly reports.

In most NWT communities, the cost of energy services, such as electricity, heating fuel and transportation fuels, is very high. In addition, the NWT’s heavy dependence on the combustion of fossil fuels results in high per-capita emissions of greenhouse gases which contribute to climate change. Other potential environmental issues that may exist at the community level include the local landfill and community concerns about impacts associated with development.

Community governments, which control community planning processes and deliver programs and services, can help lead efforts to address local energy and environmental concerns.

Community energy planning is a process that allows municipalities to identify opportunities to reduce energy use or improve local energy supply options. The basic idea is to examine how a community is supplied with, and uses energy, in order to identify ways to make improvements. Specific actions that can be considered include making improvements in energy efficiency, reducing dependence on imported fuel by switching to renewable energy technologies and encouraging residents to manage their energy use wisely. The development and implementation of a community energy plan is one of the four main components of an Integrated Community Sustainability Plan (discussed in section 4.1.2) Additional information on community energy planning can be obtained from the Arctic Energy Alliance. In addition, the GNWT Department of Environment and Natural Resources (ENR) has funding programs that can assist municipal governments, local businesses and residents offset the cost of completing energy-related projects.

Some common environmental issues that an LGA may need to deal with include:

Landfill Site
The Public Health Act and its General Sanitation Regulations require that adequate solid waste facilities be provided and maintained. Some key issues for the LGA to be aware of include:

• Open burning is not acceptable. Open burning can release toxic substances into the local atmosphere, potentially causing immediate health and environmental effects. Only clean wood and paper can be burned and this should be done in an area separate from the working landfill.
• Handling of hazardous wastes. Hazardous wastes can include paints, oils, solvents, acids, industrial sludge (containing heavy metals) or pesticides. Hazardous waste must not be allowed to enter the landfill. ENR has guidelines and programs that can assist communities and households with the proper handling, storage and disposal of hazardous waste.

Additional information is available in the Municipal Solid Waste Guidelines, ENR - Our Environment, ENR - Water.

Recycling
Another way to reduce environmental impacts and extend the life of the landfill is through recycling. Current GNWT recycling efforts include a beverage container program, a single-use retail bag program and a waste paper products initiative. More information on these programs can be obtained at iCareNWT.ca.

Protected Areas
The NWT Protected Areas Strategy is a community-based process for establishing a network of protected areas across the NWT. The intent is to balance conservation and economic development while respecting Aboriginal rights, third party interests and land use planning processes. More information on current candidate areas and the steps involved in creating a protected area can be found at NWTpas.ca.