Thank you very much, Mr. Speaker. Thank you, Mr. Bromley. Questions were raised by a number of presenters on the sections of the act relating to habitat conservation provisions and the designation of habitat on private lands (s.79 and s.81). These concerns were primarily focused on whether the Minister could act unilaterally to
designate habitat and how the rights of landowners were protected.
Departmental representatives explained that section 79 gives the Minister the authority to put forward regulations to protect habitat that is important to the conservation of any listed or pre-listed species. These regulations would be specific to the requirements of the particular species at risk and could require actions be taken to conserve habitat or prohibit activities that could negatively affect the habitat or restrict the use, access or activities in the habitat area. The legislation also enables the Minister to enter into an agreement with a landowner for the purposes of habitat conservation. As a result of the agreement, the Minister may exempt a landowner from certain regulations prohibiting activities that would affect a listed species. The intent of this provision is to provide options and flexibility to landowners to conserve habitat without having regulations imposed on them and is intended as a way to promote stewardship.
In section 81, where there is an issue of potential designation of private lands, the Minister is obligated to make reasonable efforts to enter into an agreement with a landowner (s.81(1). Habitat can only be designated on private land if:
1. it is essential to the survival and recovery of
the species and designation is necessary for conservation of the species and its habitat, and
2. there is not enough public land to meet these
needs.
If private land is the only choice, the Minister must consult with the owner of the lands before recommending designation. The Minister must also make reasonable effort to enter into an agreement with the owner regarding the impacts of designation, including mitigation of negative impacts resulting from designation and compensation to the owner for economic loss. Only if the Minister and owner cannot come to an agreement would the Minister refer to regulations (which have yet to be developed) to provide compensation.
The standing committee acknowledges the difficulties involved in these types of arrangements and supports the approach identified in the legislation.
Concern About Aboriginal Use Of A Species
Under the proposed legislation, there are some exemptions built into the legislation, particularly those that are necessary for human health and safety. If regulations are made to prohibit possession of a species of risk, there are also exemptions for people who possessed the species before the regulations were made and for a person who uses a species for aboriginal ceremonial, medicinal or cultural purposes.
Of particular concern to some presenters at the public hearings was section 83 (b) that describes the exemption for a person who uses a species for aboriginal ceremonial, medicinal or cultural purposes. Committee heard presenters who felt that the use of the word “persons” was too broad and recommended this exemption should be limited to aboriginal persons.
The standing committee proposed a motion to amend the wording of this clause in the bill. The Minister supported the change.
Concern About The Preamble
Stewardship of the land is a fundamental value of aboriginal people and shared by many other residents of the Northwest Territories. They recognize that the use of the land and its resources and the stewardship of those resources have always been linked. Frank Andrew, chief of the Tulita Band, told committee members that “aboriginal people depend on and value the plants and animals and understand our relationship with them. We have effectively managed and protected the land for years because it is so important to our survival.”
In every community committee members visited during the public hearings into Bill 6, the importance of stewardship of our natural resources was reinforced. People clearly recognized that the ultimate purpose of the proposed legislation is to prevent native species from becoming extinct in the first place.
Committee members proposed in a motion that the preamble to the act be changed to include a statement that conservation of species at risk is part of a larger commitment to maintain the biodiversity of the NWT and that all residents of the NWT have a shared responsibility for species conservation and protection. The Minister concurred with the motion.
Concern About The Development Of Regulations
The standing committee members understand that regulations will be made on a case-by-case basis to make sure they are appropriate for the species and the specific threats it may face in the NWT.
Recommendation 5
The standing committee recommends that the Minister should use a process which supports the involvement of key stakeholders and consultation with all interested parties during the development of regulations related to this law.
Conclusion
The Standing Committee on Economic Development and Infrastructure thanks all the individuals and organizations who shared their views at the public hearings or provided written
submissions. The committee members also thank the Minister of Environment and Natural Resources and the numerous departmental representatives who attended hearings and prepared briefings. Committee members acknowledge that this legislation marks a critical milestone in the recognition of the joint responsibility that the GNWT and aboriginal governments share for wildlife management. The standing committee hopes that this legislation has provided a successful model to move forward with the renewal of the Wildlife Act.
The clause-by-clause review of the bill was held on May 27, 2009, in Yellowknife. At that time, the committee proposed two motions to make amendments to Bill 6, based on the committee’s review and feedback from the public hearings. The committee also considered and approved four minor amendments, clarifying the wording of the affected clauses. The Minister of Environment and Natural Resources concurred with the six motions. The bill was amended, reprinted and returned to the Legislative Assembly for third reading.
Mr. Speaker, that concludes the Report of the Standing Committee on Economic Development and Infrastructure on the Review of Bill 6, Species at Risk (NWT) Act.