Land Registry Training Project
Project Lead: Tr'ondëk Hwëch'in First Nation (TH)
Partners: Champagne & Aishihik First Nations, Carcross Tagish First Nation, Kluane First Nation, Ta’an Kwäch’än Council, Teslin Tlingit Council, Nacho Nyák Dun First Nation, and Little Salmon Carmacks First Nation
Completed: July 2014
Since 1995, 11 self-governing Yukon First Nations’ (SGYFNs) Final Agreement (FA) and Self Government Agreements (SGA) have come into legal effect in the Yukon. The SGAs provide the SGYFNs with the jurisdiction, powers and responsibilities to become legal entities. SGYFNs have the jurisdiction to make and enact laws with
respect to their Settlement Lands, Citizens, taxation, municipal planning and to manage lands and resources. Section 126.96.36.199 of the FA states SGYFNs can establish a system to record interests in their Settlement Lands.
In the last few years, SGYFNs have encountered demands from Citizens and third parties for the use of their Settlement Lands. Most SGYFNs do not want to sell their Settlement Lands to Citizens or third parties so they have explored the option of leasing. SGYFNs are viewing land leases as either a way to increase options for Citizen housing or economic opportunities. Settlement Land developments would beneficially change SGYFNs economic development and provide a solid financial basis for future growth.
The lending institutions require a high level of accountability in order for leases to be used as security for mortgages. They require certainty that ownership is registered and maintained by the SGYFN governments, that the lands registrar guarantees title to registered Settlement Lands and that lease ownership is transferred through registration. Trained lands staff at both the SGYFNs and the central level are crucial to this process.
SGYFNs met several times over the course of two years to determine that the best way to set up a lands registry system would be to create one based on the POLAR model being used in Nunavut. The POLAR model is a cloud-based computing model that requires no large capital investment for software and services, predictable monthly expense, and a short operational set up time.
In September 2013, YIPTT approved $241,127 in funding for eight SGYFNs to undergo training on the Land Registry System. The training has consisted of classroom lectures, participant interaction, and hands on computer learning, with an additional 12 months of online support. All training has taken place in Whitehorse and has utilized a reference handbook containing instructions on the cloud-based system and the elements necessary for the operation of the lands registry.
This training has increased the knowledge base and provided a new skill set for SGYFNs lands representatives and their lands staff members. The newly acquired skills have provided them with the ability to operate and maintain a cloud-based lands registry system and increased their knowledge of their SGYFN land titles
legislation and associated documents.
Training Goals & Learning Outcomes:
- a solid understanding of, and foundation in the Land Titles (Torrens) system to all participants
- a fast, efficient and reliable Land Titles registration system operated by qualified, confident administrators with high customer service skills
- a solid basis for the valuation of development lands
- a practical hands-on training for all documentation requiring registration
- a best practice, procedural manual for reference and practical use by all participants
- integration of theory to practice in entering registrations into the specific cloud-based registration system
- a reference system for unusual documentation, thereby ensuring uniformity of application throughout all Yukon First Nations