Thank you for the opportunity to speak to Bill 3, Surface Rights Board Act. The passage of this legislation is an important step towards implementing the Northwest Territories Lands and Resources Devolution Agreement.
The new Department of Lands will administer the Government of the Northwest Territories’ new authorities under the Surface Rights Board Act.
Under the Devolution Agreement, the GNWT is committed to “substantially mirror” Canada’s legislation that is repealed or made inapplicable to public lands transferring to the GNWT through devolution.
Mirrored legislation means that the GNWT’s laws will address the same matters, in substantially the same way, as federal laws do now.
Mirrored legislation also means that changes have been limited to addressing issues such as outdated language and to match the legislation with GNWT drafting standards.
Mirrored legislation is a practical first step to ensure a continued delivery of services on April 1, 2014. Mirrored legislation also ensures that there are no legislative gaps or overlaps between the GNWT and Canada.
The parties to the Devolution Agreement entered into a Protocol for Review of Devolution Legislation Agreement. Under this protocol, all parties have been able to review and comment on this legislation before it was introduced in the Legislative Assembly. We have considered these comments carefully in preparation of the bill before you.
The Surface Rights Board Act will establish a Surface Rights Board as an institution of public government that will resolve disputes related to land access and related compensation when a negotiated agreement cannot be reached.
The Surface Rights Board will be made up of five to nine members and five alternate members. These members will be appointed for a term of five years and must include members from the Gwich’in, Inuvialuit, Sahtu and Tlicho areas.
To meet its obligations, the Surface Rights Board will be able to grant binding access orders and the terms and conditions of that access, including where, when, who that access can be exercised as well as what activities can be exercised as part of that access.
The Surface Rights Board will also be able to determine the appropriate amount of compensation to be paid for the right of access, will be able to terminate access orders and award costs related to its proceedings.
The establishment of the Surface Rights Board and this legislation reflects an obligation of the comprehensive land claim agreements in the Northwest Territories.
The territorial mirrored Surface Rights Board Act will come into force in two phases:
• those provisions related to the establishment of
the Surface Rights Board and regulation-making authority come into force on April 1, 2014, while
• the board will start its substantive functions on
April 1, 2016.
The Government of the Northwest Territories is already taking steps to ensure that the Surface Rights Board can assume these functions, including the appointment of members to the board.
I would be pleased to answer any questions Members may have. Thank you.