Thank you, Mr. Chairman. The Standing Committee on Governance and Economic Development is pleased to report on Bill 2, An Act to Amend the Territorial Parks Act. The committee conducted public reviews of the Bill on January 22, 2003 and February 20, 2003. Committee members would like to thank the NWT chapter of the Canadian Parks and Wilderness Society and the Northwest Territories Metis Nation for their submissions.
Bill 2 includes a number of changes to the classifications and purposes of territorial parks. Two important new categories of parks are added: cultural conservation areas and wilderness conservation areas. The category of "historic park" is replaced by the broader category "heritage park", and "community parks" will no longer exist as a separate classification. The bill also updates the processes for establishing parks, and adds a new definition of "motor vehicles".
During the public review of the bill, the Minister and his staff assured Members that the bill is not intended to change the way people currently use the different parks today, and will not affect aboriginal hunting rights. Members were pleased to see that many of the amendments will help the GNWT to fulfill its responsibilities under the protected areas strategy.
The Minister also assured the committee, in a letter dated February 10, 2003, that the GNWT will adhere to commitments made under the Gwich'in Comprehensive Land Claim Agreement and the Sahtu Dene and Metis Comprehensive Land Claim Agreement. Specifically, he assured us that the bill will not impact on these agreements, and that the GNWT is continuing to work to fulfill its obligations in the Campbell Hills/Lake and Canol Trail/Dodo Canyon protected area agreements.
Mr. Chairman, while the committee is generally supportive of the Minister's efforts to update the Territorial Parks Act and to bring it in line with the protected areas strategy, Members did have some concerns with the bill. During clause-by-clause review of the bill with the Minister, the committee passed motions for four amendments, which Members had carefully considered and believed would improve the bill. The Minister only concurred with one of these motions. The details of each of these amendments will be discussed below. Three amendments of a minor and technical nature requested by the Minister were also agreed to during the committee review.
Consultation Process
One of the effects of the bill will be to update the consultation process to establish a park. The amendments will require the Minister to consult with affected bodies including aboriginal governments and organizations, boards or similar bodies established under land claims agreements, and municipal councils. Members agreed these changes were a positive step, but felt that the same consultation process should also be required where the Minister is proposing to change the boundaries of a park, or to revoke a park designation. During the clause-by-clause review of the bill, the committee and the Minister agreed to an amendment to address this issue.
Process For Establishing Heritage Parks
The bill would allow the Minister to establish heritage parks and wayside parks on his or her own initiative by regulation. All other categories of parks would require a recommendation of the Legislative Assembly before the Minister could proceed with regulations to establish a park.
It is the committee's position that a recommendation of the Legislative Assembly should also be required in the case of heritage parks. The committee did pass a motion to amend the bill to this effect, and were disappointed that the Minister did not concur.
The Minister's reasoning has been, as Members understand it, that heritage parks will generally be a local matter between a community and the Minister, and not of interest to the Northwest Territories as a whole to an extent that would warrant consideration by the Legislative Assembly. A requirement for a recommendation of the Legislative Assembly could be, in the Minister's words, "too cumbersome and difficult". The Minister's staff also pointed out that Legislative Assembly approval is not required for historic parks under the existing act.
Members respectfully disagree with the Minister's position. Just because a process has been done one way in the past does not mean there is no need to revisit whether it still makes sense. The bill provides that heritage parks are intended to preserve and protect significant cultural or historical natural areas, physical features or built environments. This is broader than the existing classification of "historic parks", which only provides for the designation and commemoration of historic and archaeological sites and their lands. Furthermore, the development of historic parks under the existing act is limited to the measures required to designate, commemorate and explain historic and archaeological lands while ensuring their protection. In contrast, Bill 2 would not only allow heritage parks to be developed to provide service infrastructure and facilities for interpretation and recreation, but would also permit a business or commercial enterprise to provide services and activities compatible with and related to the park.
Mr. Chairman, there are many sites that could fit within the new "heritage park" classification. There is also a much broader range of development that would be acceptable with these amendments.
Currently there is only one historic park in the NWT, the Fort Smith Mission Historic Park, which will become a heritage park pursuant to this bill, but there may well be more heritage parks in the future.
The development of heritage parks could result in significant costs to the GNWT. Further, there are many sites and landmarks that are meaningful for historic and cultural reasons to people throughout the NWT, and not just to the people who happen to be living in the nearest community. For these reasons, Members believe that heritage parks are of interest to the territory as a whole, and should require the approval of the Legislative Assembly.
Definition of Motor Vehicles
The Territorial Parks Act currently prohibits people from operating a motor vehicle, snowmobile or motorcycle in a park outside of designated areas. Concerns have been raised that the existing wording is not broad enough to include other types of vehicles, in particular "four-wheelers", which can be damaging and disruptive to park environments. It is the committee's understanding that the new definition of "motor vehicles" contained in Bill 2 is intended to address these concerns.
The committee believes, however, that the proposed new definition of "motor vehicles" goes too far. The new definition would include motorized wheelchairs, which is not the case under the existing legislation, because the Motor Vehicles Act specifically excludes them. This means that a person using a motorized wheelchair or similar vehicle in a park could now be charged with an offence under the act, and subjected to a fine and/or imprisonment.
The Minister and his staff suggested to the committee that this concern could be addressed through the discretion of parks officers in enforcing the legislation, and the use of signs in parks designating areas where motor vehicles can be used.
With respect, as a matter of principle, Members find it repugnant that under a territorial law a person with a physical disability could face penalties for simply enjoying a park. It may not even occur to a person visiting a park that their wheelchair or elders' scooter might be considered a motor vehicle, and that they would have to look for signs indicating whether they were in an area in which motor vehicles are permitted.
Members understood from the Minister's staff that explicitly excluding wheelchairs and similar vehicles from the act could be difficult, as new types of vehicles are becoming available all the time and the list may need to be changed fairly regularly.
In order to ensure the Minister could keep up to date on this issue without having to introduce further amendments to the act, Members passed a motion to amend the bill so that the Minister could exclude specific types of vehicles, such as motorized wheelchairs and elders' scooters, by regulation. Members were again disappointed the Minister did not concur with this motion, and instead repeated his position that the issue could be addressed by appropriate signage.
Industrial Development In Wilderness Conservation Areas
Members were very concerned to see that the bill provides that industrial development "may" be prohibited in wilderness conservation areas. It is the committee's position that there should be no discretion involved. Insofar as the GNWT has the jurisdiction to do so, it should prohibit industrial development in these parks. This is consistent with the protected areas strategy.
Members understand that there are limitations on the extent to which the GNWT has the jurisdiction to prohibit industrial development, which would make it unrealistic to change the Bill to simply say that industrial development "shall" be prohibited. For example, the federal government still has authority over subsurface rights for oil, gas and minerals. Members therefore passed a motion to amend the bill to provide that industrial development shall be prohibited to the extent the GNWT has the authority to do so.
The Minister did not concur with this motion and informed the committee he maintained that "the wilderness conservation areas may only be established if industrial activity can be prohibited in the area in accordance with the government's commitment with the protected areas strategy." He also indicated he would bring forward his own motion during Committee of the Whole review. Members are concerned that wording based on the Minister's position as he stated it to the committee may amount to legislating an excuse for the GNWT not to establish wilderness conservation areas, because it appears the GNWT would never be able to do so without formal assurances from the federal government that they would prohibit industrial development. Members believe that it is appropriate for NWT parks legislation to deal with the responsibilities and authorities of the GNWT, which someday will include subsurface rights and other industrial activities, and not to attempt to address actions the Government of Canada may or may not take. Members did not hear from the Minister any convincing reason why he would not concur with the committee's motion on this issue.
Bill 2 Review Process
The committee feels it must inform the House that it was extremely dismayed by difficulties it encountered in completing its review of this bill. The committee wrote to the Minister on January 31, 2003 outlining the amendments it would be seeking to the bill, along with the reasons for those amendments, and asking the Minister whether he would consent to them. The committee did not receive a response to this letter until March 4, 2003 after it had already concluded its review of the bill and reported it back to the Legislative Assembly. Motions and countermotions for amendments proposed by the Minister were received by the committee only hours, and sometimes minutes, before scheduled public meetings. On one occasion, this caused a public review of the bill to be cancelled at the last minute.
As well, committee members were disappointed that the Minister appeared to make little effort to clearly justify and explain his positions or to understand the committee's reasons for proposing amendments, particularly on the issue of industrial development in wilderness conservation areas. This leads Members to wonder whether he took the concerns of committee seriously. Members believe the amendments they proposed were uncontroversial and would only serve to improve the legislation. Members do not understand why the Minister concurred with only one of the amendments moved and continued to resist the other proposed changes. The committee hopes that in future Ministers and their staff will approach standing committee reviews of bills with open minds and a willingness to engage in dialogue about issues raised by the committee. If there is an expectation that standing committees will rubber stamp legislation for the sake of expediency or convenience, this expectation should not continue.
This concludes the Standing Committee on Governance and Economic Development's report on its review of Bill 2.
Following the committee's review, a motion was carried to report Bill 2, An Act to Amend the Territorial Parks Act, to the Assembly as ready for Committee of the Whole, as amended and reprinted. Individual members may have additional questions or comments as we proceed. Thank you, Mr. Chairman.
---Applause