This is page numbers 6469 - 6510 of the Hansard for the 16th 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 territories.

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Jackson Lafferty

Jackson Lafferty Minister of Justice

Mr. Speaker, I move, seconded by the honourable Member for Thebacha, that Bill 4, Miscellaneous Statute Law Amendment Act, 2011, be read for the second time.

Mr. Speaker, this bill corrects inconsistencies and errors in the statutes of the Northwest Territories. The bill deals with other matters of a minor, non-controversial and uncomplicated nature in the statutes, and repeals provisions that have ceased to have effect. Mahsi, Mr. Speaker.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Lafferty. Bill 4 has had second reading and is referred to a standing committee.

---Carried

The honourable Minister of Finance, Mr. Miltenberger.

Bill 5: Write-Off Of Debts Act, 2010-2011
Second Reading of Bills

Thebacha

Michael Miltenberger

Michael Miltenberger Minister of Finance

Mr. Speaker, I move, seconded by the honourable Member for Monfwi, that Bill 5, Write-off of Debts Act, 2010-2011, be read for the second time.

Mr. Speaker, this bill authorizes the write-off of debts in accordance with the Financial Administration Act. Thank you, Mr. Speaker.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Miltenberger. Bill 5 has had second reading and is referred to a standing committee.

---Carried

The honourable Minister of Finance, Mr. Miltenberger.

Bill 6: Forgiveness Of Debts Act, 2010-2011
Second Reading of Bills

Thebacha

Michael Miltenberger

Michael Miltenberger Minister of Finance

Mr. Speaker, I move, seconded by the honourable Member for Range Lake, that Bill 6, Forgiveness of Debts Act, 2010-2011, be read for the second time.

Mr. Speaker, this bill authorizes the forgiveness of debts in accordance with the Financial Administration Act. Thank you, Mr. Speaker.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Miltenberger. Bill 6 has had second reading and is referred to a standing committee.

---Carried

The honourable Minister of Municipal and Community Affairs, Robert McLeod.

Bill 7: Community Planning And Development Act
Second Reading of Bills

March 9th, 2011

Inuvik Twin Lakes

Robert C. McLeod

Robert C. McLeod Minister of Municipal and Community Affairs

Mr. Speaker, I move, seconded by the honourable Member for Deh Cho, that Bill 7, Community Planning and Development Act, be read for the second time.

Mr. Speaker, this bill replaces the Planning Act for most municipal corporations in the Northwest Territories. It modernizes processes for community planning and development and for the subdivision of land. Consequential amendments are made to the Charter Communities Act, Cities, Towns and Villages Act, Condominium Act, Hamlets Act and Land Titles Act. Thank you, Mr. Speaker.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. McLeod. Bill 7 has had second reading and is referred to a standing committee.

---Carried

The honourable Member for Municipal and Community Affairs, Mr. Robert McLeod.

Robert C. McLeod

Robert C. McLeod Inuvik Twin Lakes

Mr. Speaker, I move, seconded by the honourable Member for Yellowknife South, that Bill 8, An Act to Amend the Local Authorities Elections Act, be read for the second time.

Mr. Speaker, this bill amends the Local Authorities Elections Act to implement reforms jointly developed by the Department of Municipal and Community Affairs and the Northwest Territories Association of Communities, and to make a number of minor changes to conform with prevailing drafting practices. Thank you, Mr. Speaker.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. McLeod. Bill 8 has had second reading and is referred to a standing committee.

---Carried

The honourable Minister of Environment and Natural Resources, Mr. Miltenberger.

Bill 9: Wildlife Act
Second Reading of Bills

Michael Miltenberger

Michael Miltenberger Thebacha

Mr. Speaker, I move, seconded by the honourable Member for Inuvik Boot Lake, that Bill 9, Wildlife Act, be read for the second time.

Mr. Speaker, this bill replaces the Wildlife Act. It modernizes wildlife management processes in a manner consistent with land claims agreements. Provisions respecting the harvest of wildlife are updated and measures for the protection of wildlife habitat are included. Consequential amendments are made to the Environmental Protection Act, the Forest Management Act and the Herd and Fencing Act. Thank you.

Bill 9: Wildlife Act
Second Reading of Bills

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Miltenberger. The motion is on the floor. The motion is in order. To the principle of the bill. The honourable Member for Great Slave, Mr. Abernethy.

Bill 9: Wildlife Act
Second Reading of Bills

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Speaker. I would like to make a few comments with respect to the principle of this bill. I am not 100 percent convinced that this bill is actually ready for second reading. There has been a lot of talk in the community about the bill and the concerns different groups have had. There is no question in my mind, Mr. Speaker, that the bill does need to be replaced.

The existing bill needs to be replaced. It is old. It is antiquated. It doesn’t meet the needs of the people of the Northwest Territories clearly. I have to applaud the department. They have been working on this bill for almost 20 years, two decades. There has been a lot of work done.

Listening to the Minister talk and questions we asked in the House, it is clear that they have gone out to people in the public in the past. I know that they talked to groups five, 10, 15 years ago. They have a lot of data to help them draft this act. Unfortunately, a lot of that data is old and things have changed since they talked to some of the groups that they talked to in the past. We need an act that is current and meets the needs of the people. The reason this concerns me is this government has made the mistake before of going ahead with projects or bills based on antiquated data. I will give you an example that I think relates a little bit.

Stanton Territorial Hospital, Mr. Speaker, was built in 1989. The design of that hospital was based on a health care methodology from the late ‘70s. As a result, we built a great hospital that doesn’t really meet our needs because our methodology of providing health care changed. I am concerned that if we move forward with this act based on the data that we collected 10, 11 and 12 years ago, we might be dooming ourselves to the same failure and increasing costs and complexity that doesn’t need to be there.

Regardless, we have moved forward. The majority of the work, in my opinion, that has occurred on this act, has occurred since the Species at Risk Act that was passed in 2009. The Species at Risk Act employed a unique approach to drafting bills. I think the department once again needs to be applauded on that approach of involving our Aboriginal governments and our Aboriginal partners actually in the drafting. It is significant and it does need to be applauded. I think it is a great approach, but they are still basing their design on data collected from many years ago. I question that.

Some other good things have happened. In November of 2010 the department did draw up their draft act on the population. This is really the first time that many stakeholders ever got to see a draft. Everything they were discussing before was based on an old act and what they would like to see in the new act. They didn’t really see any new act until November. The department did something that I thought was actually quite brilliant. They actually included a plain language document, Mr. Speaker. This is one of the first times I have seen this government come out with a brand new act of this complexity and draw up a plain language document, which really helped people or hopefully helped people understand the act that was being presented in front of them.

Unfortunately, this is where I start to have some questions. They only really gave people 54 days to consult on that draft. People say, look, they have had 10 years, but nobody really saw this draft until November. They had 54 days to comment on it, if you insert the fact that there was Christmas holidays right in the middle of the consultation process.

I have asked the Minister a significant number of questions. He has demonstrated to me to some degree that they did listen. I know that there was concern out there that they didn’t actually listen to the people. Some people and organizations clearly felt that they weren’t listened to. To date, that still exists. I have a letter today from the NWT Chamber of Mines where they clearly outlined that there are still questions they have asked the department on this act that they haven’t got responses to. Big questions; questions that will affect industry, tourism, you and me. They haven’t got responses to that. That concerns me, Mr. Speaker. I want to make sure that this act is ready and that we have consulted the people. I want to know why we didn’t respond to those people, or if we did, where is the response? Do we get to see it?

We end up where we are today, Mr. Speaker, with an act that, according to comments that the Minister made in the House when asked questions, has actually had changes since that November draft came out in the plain language. We only got to see the act yesterday. It was first reading when it was the first time any one of us would have got an opportunity to look at it, or anybody in the public. It’s hard to tell after one day where the changes are that they have made. I don’t have a summary of where those changes occurred. I would like to see that, Mr. Speaker. I think it would be great if the department could help committee.

It is my understanding, talking to colleagues, that this bill will likely pass second reading today, which means that it is going to take the next step. It means that it is going to go to committee for 120-day review. They have a lot of work cut out for them. They are going to take the time and they are going to listen to people, which is incredibly important, but for them to do a really good job to make sure that everything is truly heard, I think it is important that the department share with committee a summary of the changes that they have made since that November draft, what they heard. I want them to share what they heard in their community consultation with committee. I want them to share what changes they made based on what they heard, also the changes they didn’t make based on what they heard. We are not going to agree with everything that we hear. There is no way. People will be coming to us with requests that may not be appropriate. I would like to know why we said no to certain things. I would like to know why we said yes to certain things. If that information is shared with

committee, they will have the best opportunity to ensure that they come forward with reasonable recommendations to bring this act back in line so it does meet the needs of the people of the Northwest Territories, but that has to be done.

I asked earlier, when I was asking questions a couple of weeks ago, about minutes. I would like to know what the summaries of the different community meetings during this 54-day consultation process were. What did they hear? I want them to share that. I know a lot of work has been done, Mr. Speaker. I know that. I know the department has gone out. I applaud the staff who have gone on and did the work, but I think there are holes.

I think this act is very important. It is going to affect so many people and so many lives in the Northwest Territories. Industry as well, tourism as well. We need to make sure that it is right. I am not 100 percent convinced that it is ready for second reading. I respect my colleagues’ positions. I respect how they vote. I look forward to hearing the community speak when this does go out for consultation within the Standing Committee on Economic Development and Infrastructure.

I had just a few comments. I am still concerned. I want this to be done right. I want to make sure we have the best act for the people of the Northwest Territories, who are our main concern. Thank you.

Bill 9: Wildlife Act
Second Reading of Bills

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Abernethy. To the principle of the bill. The honourable Member for Weledeh, Mr. Bromley.

Bill 9: Wildlife Act
Second Reading of Bills

Bob Bromley

Bob Bromley Weledeh

Thank you, Mr. Speaker. I too would like to speak briefly today to the principles upon which this bill is founded. First I want to recognize the long and complex process that has resulted in this bill’s presentation to the Assembly. The bill makes an effort to address and incorporate the new realities, not so new really, of constitutional and treaty rights of Aboriginal citizens with a new law reflecting the direction of constructive court decision. There has been earnest effort here and the Minister needs to be congratulated for pursuing the need to modernize our legislation. However, the basic principles this bill attempts to address involves the realization of a comprehensive regime of co-management based upon consultative decision-making.

As we learned in the recent caribou harvesting moratorium, co-management, consultation and common will are the indispensible elements of an effective management regime. In the development of this bill, and as my colleague has noted, it has been over a couple of decades. There have been serious challenges in living up to these principles through the legislative development process. The Minister has heard these concerns here in the Assembly through media reports and the correspondence received from a variety of

stakeholders. These concerns originate from throughout the spectrum of public interest, Aboriginal groups, resident hunters, outfitters and industry. It is unusual to see a piece of legislation move forward to the public hearing stage with so much discord expressed on the basic approach and principles addressed in legislative development even before it is tabled. This reality places an unusual and large consultative responsibility on committee.

Mr. Speaker, I will be working hard with committee to identify and address any concerns and to bring them back to the Minister through committee, but I am concerned that the consultation that has brought us to this bill has not been adequate or sensitive and that the resulting bill is lacking in its fundamental address of principles and concerns. Things that will help us to move forward are, for example, a table of concordance indicating where the changes have been made to this bill in relation to the previous draft and that this be made available immediately after second reading. I similarly request that notes of stakeholder meetings and earlier submissions be made available to help the public in its review of this important legislation. Finally, people have submitted comments with promises from government for feedback, but they have not yet heard from the department. That, obviously, needs some resolution.

To wrap up, Mr. Speaker, I do have some concerns, but I think the process is in place. I am looking forward to moving forward on this. Mahsi.

Bill 9: Wildlife Act
Second Reading of Bills

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Bromley. To the principle of the bill. The honourable Member for Mackenzie Delta, Mr. Krutko.

Bill 9: Wildlife Act
Second Reading of Bills

David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Speaker. I find it kind of mindboggling that people say they weren’t consulted. We’ve been talking about wildlife since the trapping industry moved into northern Canada back in the 1800s. From registered group trapping areas to game sanctuaries to looking at protection of different species on the basis of protecting species such as buffalo in the Northwest Territories, transplanting species, this stuff has happened over the decades.

One of the fundamental principles of legislation is to enact legislation that hasn’t been enacted. I’m talking about the land claims. We have land claims groups who have been waiting 27 years to enact their legislation and yet at the 11

th

hour we have

people in this House saying they haven’t heard about it. I find it kind of insulting that today in this area realizing that we have constitutional land claims rights protecting the Constitution of Canada still not being enacted for 27 years.

The same thing when I came into this House some 16 years ago after being involved in the land claims process for 10 years talking about the Wildlife Act and talking about the Dene-Metis Land Claim,

talking about the settlement of the Gwich’in and Sahtu claims, ensuring those people that their fundamental rights as indigenous people to be able to harvest and to hunt and to have certain rights protected through a constitutional process. The only way that can happen is the legislation has to be enacted in a legislative process such as in this House. That’s the whole intention of the legislation that’s before us, to ensure that we fulfill our obligations under those constitutional agreements regardless if it’s the Inuvialuit claim, the Gwich’in, the Sahtu, the Tlicho and also those other self-government agreements that are presently in place. More importantly, the fundamental principle of the treaty entitlements under Treaty 8 and Treaty 11 which were one of the founding principles of those treaties to ensure that indigenous people were going to be able to continue to hunt and trap and fish as they always have without being interfered with and to be able to carry out that obligation under Treaty 8 and Treaty 11.

I think that I also took a glance at the e-mail coming from the NWT Chamber of Mines. They’re talking about legislation that was passed in this House a couple of years ago called the Species at Risk Act to have the ability to establish protected areas for certain species. As we see today, we have threatened species in the Northwest Territories, whether it’s the Bluenose herd or the Bathurst caribou. We are already realizing the challenges we are going to face going forward, regardless if we say it’s climate change or industrial development or whatnot. We have species in the Northwest Territories who are now being threatened. We have to have the legislative tools in place to ensure we’re able to do that.

I also look forward to going out on the road for public debate and hearing exactly from all sides. I think we also have to realize that we have an obligation to the land claim groups in the Northwest Territories who have been waiting some 27 years to get their land claim implemented in this Legislature and yet to say at the 11

th

hour, sorry, we didn’t

know anything about this. I think, for myself, someone who represents the Inuvialuit and Gwich’in, we’ve been waiting a long time for this legislation to come through this House and I’ve been waiting 16 years to see this day become a reality.

Bill 9: Wildlife Act
Second Reading of Bills

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Krutko. To the principle of the bill. The honourable Member for Frame Lake, Ms. Bisaro.

Bill 9: Wildlife Act
Second Reading of Bills

Wendy Bisaro

Wendy Bisaro Frame Lake

Thank you, Mr. Speaker. I have some comments which are very similar to some of the comments which have already been made, but I feel that I would like to express my point of view.

The act is described as a management act but I think some of the clauses within that act are more than a management of wildlife act. I also believe

that there are some inequities within some of the clauses in the act and I think those need to be addressed. Hopefully they will be over time.

I’ve expressed a number of concerns previously about some of the clauses and provisions within the act. I’m particularly concerned for our outfitters. I think that the act inhibits them growing and developing and adding to our economy.

The other area I’m concerned about is exploration and mining and other economic development activities which can be perhaps inhibited by some of the clauses within the act.

I’ve said before, and I still feel, that the representation on the conference of management authorities is not what it should be. The Minister has advised us that the GNWT is going to represent all the people who are not specifically represented by wildlife management boards or by Aboriginal governments. I’m sorry, but that’s not good enough. I feel there needs to be representation for other groups. As an example, I’m not suggesting they should be there, but the NWT Wildlife Federation is such a group who could possibly represent non-Aboriginal people and other people who are not represented by wildlife management boards.

I think probably my biggest concern is with the lack of information from the time that the act was given to the general public in a specific form and now when it’s been tabled in this House and read into this House. There have been changes made along the way, the Minister has told us that, but nobody knows what they are. I think that’s a very difficult thing for the general public to look at the act and to know the act that they were informed on in November or December of 2010, what are the differences between that act and what’s now in the House and being considered. So I totally support the request from two of my other colleagues that the department prepare a comparison document which shows the act that was put out for public information and/or consultation, depending upon how you look at it, and the act that we now have before us and where the changes have occurred. We’ve been advised that changes have been made based on the concerns that were heard from the public but, again, who knows what they are.

The other thing that I’m concerned about, and it was referenced by one of the other speakers, is the response from the department to all the comments that were made during the consultation, what they call the consultation phase. There were many, many people who spoke and expressed concerns. The department said, basically, we hear you, but there were many questions asked to which nobody has received answers. At one point when I asked questions of the Minister, I believe he said that there would be a document that would come out in April. I think he said the end of April. Well, really, that’s far too late a time for people who have asked

questions to get an answer at the end of April when probably most of the public hearings on this bill are going to be concluded. So that information needs to come forward from the department much sooner than later.

I do look forward to the public hearings that are going to come forward. I think they are certainly going to be informative. I think particularly -- and I address this to every Member and every person in the general public who has an interest in this bill -- I hope that we can, all of us, keep an open mind. That we can look at the issues that are before us and the concerns that are brought forward, that we can consider them rationally and consider them with a view to getting a bill that is workable and that is a good piece of legislation.

Bill 9: Wildlife Act
Second Reading of Bills

The Speaker

The Speaker Paul Delorey

Thank you, Ms. Bisaro. To the principle of the bill. The honourable Member for Kam Lake, Mr. Ramsay.

Bill 9: Wildlife Act
Second Reading of Bills

David Ramsay

David Ramsay Kam Lake

Thank you, Mr. Speaker. I just wanted to speak to the principle of the bill. I’m certainly excited at the fact that the committee is going to eventually get the Wildlife Act finally and we are going to take the bill around the Northwest Territories. I just wanted to speak a little bit about the fact that we do live in a jurisdiction that values public input and the process that’s out there. We want to ensure that it’s a fair process for everybody. Anybody that wants to provide a submission, wants to speak to the committee, we will be there to listen and observe what people are telling us.

It’s going to be a big undertaking going out to public consultations on this bill. There’s been a lot of traffic on it already and I’m sure that we will certainly hear from a number of people across the Territory. We are going to try to get into as many communities across the Territory as we can in the next couple of months, so again I’m looking forward to this process playing itself out.

I don’t think we should, you know, it’s been a long time and I appreciate the comments from some of the other Members. It’s been a long time getting to this stage. I think we owe it to the public that we serve to make sure that at the end of the day the bill that is going to be approved by this House is the best one that we can possibly get for everybody that lives in the Northwest Territories.

I want to stress again that we will be out there listening to the concerns of all residents of the Northwest Territories when we take into consideration Bill 9, Wildlife Act. With that, thank you.

Bill 9: Wildlife Act
Second Reading of Bills

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Ramsay. To the principle of the bill. The honourable Member for Tu Nedhe, Mr. Beaulieu.

Bill 9: Wildlife Act
Second Reading of Bills

Tom Beaulieu

Tom Beaulieu Tu Nedhe

Thank you, Mr. Speaker. I too am looking forward to this bill getting through second reading, ready for committee, going to committee to

do the public consultation so that the bill can be brought out to the people by the committee so MLAs can hear first-hand from the communities if they do have issues with the changes to the Wildlife Act with the new Wildlife Act. Give them assurances at the community level that this Wildlife Act is not going to adversely affect their ability as they manage their wildlife and give them some assurances, especially assurances to non-settled areas. In the Wildlife Act there are areas that cover the co-management for the areas where claims have been settled. There needs to be the same type of assurances given to people in non-claimed areas. Or non-settled. Pardon me. I’m looking forward to the group of MLAs going out to the communities with MLAs from the communities to discuss the Wildlife Act.

It’s a long act. It’s going to be something I think that the people need to see. Take the time to do it. It took a lot of time to get to this stage. It would be good to advance to the next stage. It’s 180 clauses and it’s going to be something that’s going to take a lot of work by a lot of people to get it to the next level.

Bill 9: Wildlife Act
Second Reading of Bills

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Beaulieu. To the principle of the bill. The honourable Member for Sahtu, Mr. Yakeleya.

Bill 9: Wildlife Act
Second Reading of Bills

Norman Yakeleya

Norman Yakeleya Sahtu

I will say I just can’t wait to get on the road with this bill here and see the different views and hear the different values of how wildlife is looked upon in the Northwest Territories. I also want to say that the Sahtu has been a long wait of promises that were in our land claims. This bill is certainly... I didn’t think I was going to see this day when we take it out on the road and listen to the views of the people. Also look at some of the issues that some other residents in the Northwest Territories have on this bill how they see wildlife and how they see how this land is being managed by the people.

So it will be a good education part for the public. It will be a good educational part for people who need to know, as Mr. Krutko said, a little bit of the history of the wildlife, and it will be a good educational part for people to know about the rights of Aboriginal people for settling their land claim.

We’re starting to hear some things already from different groups out there that already have their opinion on the Wildlife Act. They’re making assumptions. They’re making statements. They’re predicting how this Wildlife Act could be laid out. We don’t know. I want to say that I look forward to, as the Member said, looking at all the different views. The foremost, you know, I’d rather have moose meat than eat dirt. That’s important here of the wildlife, is to look at how we want to sustain our life for a long time.

It’s going to take strong leadership from all of us to pull together to see where our Wildlife Act fits within

our lifestyle, because really, when you talk about the Wildlife Act and management, you’re talking about Aboriginal people. So that’s because their whole lifestyle is based on wildlife and the use of the land. It would be interesting to see what the people say.

I think it’s about time and I want to commend the Minister for bringing it forward. Let’s get this show on the road.