This is page numbers 107 - 142 of the Hansard for the 12th Assembly, 6th Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was community.

Topics

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 134

Samuel Gargan Deh Cho

In this case, then, if a band has some concerns about areas in which quarries are developed and this is a disputed area, there could be some serious problems for this government.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 134

The Chair John Ningark

Thank you. Madam Minister.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Rebecca Mike Baffin Central

Mr. Chairman, I'll let Mr. Flynn respond to that question...

---Recording Difficulties

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 134

The Chair John Ningark

Mr. Ashton.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Ashton

Thank you very much, Mr. Chairman. I think the easy answer to that question is that these bills do not affect the ownership of lands, especially in those areas where the ownership is in dispute. We have a situation where quarries exist in communities and they are being operated. We want to make it very clear that these existing operations are in the capacity of the territorial government, the municipalities or any agent of the government to run.

In the case where there may be lands that are disputed, the ownership is more of a question of where and when quarries should be developed. That is more related to the land application and citing process. The focus of these bills is simply to say that the operations that exist today, and the fees and charges that have been made, were always intended to be legal and we are making it explicit that they are legal.

This is not an attempt to turn over any lands or change the ownership of any lands thereby prejudicing any discussions about land ownership. This is simply recognizing that the quarries are already being operated. Thank you, Mr. Chairman.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Mr. Zoe.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 134

Henry Zoe

Henry Zoe North Slave

I realize the necessity of putting this into legislation, but one of the questions I would like to pose to the department is in relation to Mr. Gargan's concern. I realize that if these amendments are passed, then municipalities that would like to have a quarry on Commissioner's land, outside their municipal boundaries would need to have some kind of agreement between the department and the municipal corporation.

In that respect, Mr. Chairman, there is the subject of third-party interests. Let me use my area, for example. People are negotiating land claims. What if there are third-party interests in the area where the quarry is being developed? How is that going to be addressed by the department, if they want to claim a certain area within Commissioner's land, or even in the municipal boundaries?

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Mr. Zoe, I think you've been cut off. Mr. Zoe.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 134

Henry Zoe

Henry Zoe North Slave

Thank you, Mr. Chairman. The amendments that are before us don't deal with these types of situations that I'm describing here. So I'm just curious as to how the department would handle these types of situations.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 134

The Chair John Ningark

Thank you. Madam Minister.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 134

Rebecca Mike Baffin Central

Mr. Chairman, I'll let Mr. Ashton respond to Henry Zoe's question.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 134

The Chair John Ningark

Mr. Ashton.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 134

Ashton

Thank you, Mr. Chairman. I agree with the statement that Mr. Zoe has made, that before any type of new operations were to be established there should be an agreement entered into by the municipality and the government or the owner of the land, whoever it may be. Again, this is what the focus of this legislation is about, to make sure that the municipality has the explicit legal capacity to enter into that agreement. And then, if it's on Commissioner's land, the Commissioner has the explicit legal capacity to enter into that.

The legislation does not go into the details of what would be contained in that type of an agreement. Historically, what we have encouraged the municipalities and the communities to do is to develop their own rules and procedures and their own quarry administrative system that they would like to see in any such agreement. As it pertains to third parties, we would like to make sure that the municipalities and the communities have the legal capacity to take control of their own local concerns.

So we haven't gotten into that level of detail because we don't see that as a problem with the legislation. Once they have the legal capacity to enter into agreement, it would flow from that that they could set the terms and conditions that best suit their local needs.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 135

The Chair John Ningark

Thank you. Mr. Zoe.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 135

Henry Zoe

Henry Zoe North Slave

Mr. Chairman, I understand the purpose of these amendments is to give municipalities legal authority. I guess my question is in relation to claims. I was hoping that the department would say if the municipality is going to develop a quarry on Commissioner's land outside of a municipal boundary, the act says that agreement has to be signed between the government and the municipality so that it can operate a quarry on Commissioner's land. I was hoping that the department would say within this agreement we can specify that in the event that the claimant group claims this area, then it would be allowed. Some sort of clause within the proposed agreement that's going to be administered by the department. If that's the case, I don't have a big problem with the amendments that are being proposed here, because it's straightforward, it's just giving authority to the municipalities to operate their own quarries. Mahsi.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 135

The Chair John Ningark

Thank you. Madam Minister. Mr. Ashton.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 135

Ashton

Thank you, Mr. Chairman. In reply to the question, I think the important thing to realize, in particular with the situation in the Dogrib area where third-party interests and land claims negotiations are under way, is that we do have signed interim protection provisions that relate to any dispositions of land. So this bill does not automatically give the right to a municipality to go and establish a quarry. It gives them the legal capacity to do that, but there's still the next step that they have to approach the land owner and go through a whole land application process. This process is now subject to the interim provisions agreed upon by the Government of Canada, the territorial government and the Dogrib Treaty 11 Council. In that, there's a consultation process to make sure that areas of specific interest to third parties are not given away in claims processes. So we are continuing to operate with that in mind.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 135

The Chair John Ningark

Thank you. Clause 3. Mr. Ng.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Kelvin Ng Kitikmeot

Thank you, Mr. Chairman. I would like to ask, the jurisdiction for establishing operating quarries would go through the municipalities in this case. How about as far as the jurisdiction for quarry fees? Whose jurisdiction...Would that remain with the Department of MACA, or would that go over as well?

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 135

The Chair John Ningark

Thank you. Madam Minister.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 135

Rebecca Mike Baffin Central

Thank you, Mr. Chairman. That will be with municipalities, and the recoveries are on a cost basis.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Member for Kitikmeot.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Kelvin Ng Kitikmeot

Thank you. So that jurisdiction is in the existing act, then, I take it. It's not in the amendments.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 135

The Chair John Ningark

Madam Minister.

Bill 9: An Act To Amend The Charter Communities Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 135

Rebecca Mike Baffin Central

Mr. Chairman, I'll let legal counsel respond to that.