Mr. Speaker, the motion before the House contains a number of factual errors that I would like to correct. In the spirit of consensus government, I will, of course, acknowledge where the motion is in fact accurate.
The motion is correct in stating that the Government of Canada has introduced Bill C-15, An Act to replace the Northwest Territories Act, to implement certain provisions of the Northwest Territories Land and Resources Devolution Agreement. This motion does not, however, reference that Bill C-15 has passed third reading in the House of Commons and has been referred to the Senate. Changes to federal legislation are not within the purview of this government.
This Assembly voted 17 to 1 in support of devolution, which will take place on April 1, 2014. However, I welcome the opportunity to correct a number of factual errors in this motion and in other materials currently circulating so that the residents of the Northwest Territories are not left with erroneous and misleading information.
The motion states that Bill C-15 will eliminate our regional land and water boards and form a single Yellowknife-based land and water board with only one representative from each region. Bill C-15 does in fact provide for the amalgamation of current land and water boards.
The motion is correct, if not misleading, in that the administration of the board will be in Yellowknife, but board members will continue to be from across the Northwest Territories. In fact, regional land and water boards don’t belong to the Government of the Northwest Territories; whereas, the motion says our water boards. They are institutions of public government, just as the Mackenzie Valley Land and Water Board is now and will remain. The board will continue to review any applications that impacts more than one region. Their role will expand to encompass the entire Mackenzie Valley.
The current board members of the Mackenzie Valley Land and Water Board have the full confidence of this government. Their decisions are measured, rational and comprehensive.
I want to take this opportunity to thank the board chair and the current and previous board members who have served and continue to serve the people of the Northwest Territories with distinction and integrity.
With respect to representation on the amalgamated board, there is a provision in Bill C-15 to allow three people to be appointed to review the application,
including at least one member appointed from an Aboriginal government. This provides for representation similar in proportion to the current representation on regional boards.
There is also a provision to allow the chairperson to designate additional board members to deal with the application in addition to the three people designated. This provides continued real representation.
I would like to point out that the Mackenzie Valley Environmental Impact Review Board, MVEIRB, is a similar institution that functions without regional panels. Concerns have not been expressed that MVEIRB is not representative of the people of the Northwest Territories. It is unclear why this motion implies that an amalgamated board cannot function in the same way.
It is also important to recognize that board members, while nominated by parties, are not there to represent their region or government but are tasked with assessing projects in the best interests of the public. They must, and do, consider the views and concerns in the communities and regions affected along with the territorial interests. This won’t change. This framework is the basis of all board appointments.
I would like to point out and emphasize that the establishment of the Intergovernmental Council with our Aboriginal partners will provide a forum for important collaboration. In this way, the views of Aboriginal governments will continue to be articulated and heard by the Government of the Northwest Territories.
The second clause of the motion states that our Aboriginal government partners and many Northwest Territories residents oppose this amalgamation. Aboriginal governments have expressed their concerns about the amalgamation. We respect and understand their positions. I do not, however, agree that many Northwest Territories residents oppose this amalgamation. The motion says “many.” There is nothing to substantiate that statement.
We can argue about the semantics, but at the end of the day our democracy provides the right of the federal government to make changes to federal legislation as long as it does not contravene other obligations such as land claim agreements. The current land claim agreements do provide for a single board.
The GNWT will continue to work with our Aboriginal government partners through existing processes and through the Intergovernmental Council as we assume the management of lands and resources in the Northwest Territories. This is a commitment in the Devolution Agreement and I look forward to evolving our land and resource management with our partners after devolution.
The motion then goes on to say that the intent of land claim settlements was to establish and maintain regional land and water boards as they currently exist so that decisions were made by people most familiar with regional issues. Mr. Speaker, this is incorrect.
All land claim agreements clearly provide for or contemplate the establishment of a single, larger board for the Mackenzie Valley. It is misleading to suggest that decisions will be made by people unfamiliar with regional issues. The environmental assessment process will continue to provide opportunities for input from residents, organizations and governments and regions. It is also important to note again that the chair can appoint three people to hear the application including a member from the region impacted. Additional members can also be added.
The fourth clause of the agreement states regional land and water boards have an excellent track record and evaluations show that they are effective and efficient. The land and water boards have improved their processes; however, Canada continues to strive for greater efficiency that would put the Northwest Territories on a level playing field with other jurisdictions. There is no reason to believe that a single larger board would not be effective and efficient as a series of smaller boards. It must also be recognized that a larger board is also already functioning.
The fifth clause states that amalgamating regional land and water boards does not address the core issues of unsettled claims, timing of ministerial decisions and findings of previous audits. Mr. Speaker, I can agree that there is always room for improvement. In fact, this government has consistently stated that a range of issues needed to be addressed to make the system effective and efficient. However, this motion seeks to fault board amalgamation for not fixing other concerns with the regulatory process, such as unsettled land claims and past delays in ministerial decisions. Lumping these issues together is a smokescreen for a separate partisan agenda.
It is worth noting that the other issues have been consistently raised by this government and we will work towards resolving them with Canada, the Government of the Northwest Territories and Aboriginal governments.
It is also important to remember that the whole premise behind devolution is to provide more decision-making authorities to the people of the Northwest Territories. This includes ministerial decision-making for Northwest Territories public lands. Northwest Territories Ministers will be more responsive and ensure timely decision-making.
Clause 6 states that the Government of the Northwest Territories will achieve substantial new designated and actual authorities to manage land
and water on Northwest Territories territorial lands effective April 2, 2014. This is accurate.
I’m pleased to once again advise this House and the people of the Northwest Territories that through devolution the Government of the Northwest Territories will have new and very real legal authorities both delegated and under its own legislation. These authorities will operate within the integrated land and water management system negotiated in comprehensive land claim agreements. It is appropriate that Members recognize these as substantial and meaningful.
These new authorities achieved through devolution will help deal with some of the historical issues that have been problematic, including more timely decision-making by Ministers closer to home and directly accountable to this Legislative Assembly and Northwest Territories citizens.
Clause 7 states that a guiding principle of a draft Northwest Territories Land Use and Sustainability Framework is that communities and regions have the opportunity for meaningful engagement and input into land use decisions. Again, Mr. Speaker, this is correct. The LUSF speaks to how we will deal with the management of public lands in the Northwest Territories setting a standard of doing business consistent with GNWT practices. Whether there is an integrated board or regional boards will not affect the government’s commitment to the sustainable management of land. Communities and regions will continue to have the opportunity for meaningful engagement post-devolution through enhanced access to a more local, responsive government.
Clause 8 states that staffed regional offices would help maintain regional capacity and enable the accustomed regional input into the land, water and resource management monitoring and enforcement process. As mentioned previously, communities and regions will continue to have the opportunity for meaningful engagement no matter what form the board takes.
Mr. Speaker, let’s be clear. There’s a whole post-devolution system being set up that will ensure meaningful participation in the management of land, water and wildlife on public lands.
On April 1st the GNWT will increase its existing
regional presence through its post-devolution organizational design. In addition to 27 AANDC regional positions, 25 new regional positions are being added. These included renewable resource officers, water resource officers, lands officers and land use advisors. We have also taken oil and gas functions currently located in Ottawa and placed them in Inuvik.
The Government of the Northwest Territories continues to press Canada to retain a regional administrative capacity in each region to ensure
local access to board processes including applications for permits and information about processes. There are ongoing discussions with Canada on its implementation of Bill C-15 including the need to maintain regional capacity.
The Government of the Northwest Territories is committed to working with Aboriginal governments through the Intergovernmental Council. We expect the Intergovernmental Council will provide the opportunity for all parties to work together to monitor the implementation of Bill C-15 and to work through issues and concerns around the transition into an integrated Mackenzie Valley Land and Water Board.
As we devolve and then evolve, I for one am looking forward to witnessing the development of land and water authorities and I have full confidence that the people of the Northwest Territories will contribute in meaningful, intelligent and profound ways. I know we are up to the job, Mr. Speaker. We are ready to take on this authority despite what some might insinuate. We are capable and we are ready.
I want to encourage our youth in all communities to consider what devolution will mean for them and their families. They are the voices we will need to hear as our territory evolves. The federal government and the Government of the Northwest Territories are on schedule and on track for implementation of devolution on April 1, 2014. The people of the Northwest Territories deserve this authority. Through them, this House is the steward of our land, water, wildlife and natural resources. We have a responsibility to be leaders, leaders who find a way forward on a complex path. Providing accurate, factual information to the people of the Northwest Territories is a role of leadership. This government will continue to do that.
Cabinet will not be supporting this motion. Thank you, Mr. Speaker.