Thank you, Mr. Speaker. The Standing Committee on Priorities and Planning Report of the Review of Bills 1, 2 and 3 and Other Legislation to Implement Devolution of Lands and Resources Responsibility to the GNWT.
Introduction
The Standing Committee on Priorities and Planning is pleased to report on its reviews of Bills 1, 2 and 3, and comment on other legislation required to implement the devolution of lands and resources responsibility and associated revenue to the Government of the Northwest Territories and Aboriginal governments.
Collectively, this legislation marks an historic step in the evolution of responsible government in the Northwest Territories, as set out in the NWT Lands and Resources Devolution Agreement. These bills either mirror existing federal legislation, or were required under the terms of that agreement. This suite of legislation includes:
- Bill 1, Reindeer Act;
- Bill 2, Archaeological Sites Act;
- Bill 3, Surface Rights Board Act;
- Bill 10, Northwest Territories Lands Act;
- Bill 11, Petroleum Resources Act;
- Bill 13, Devolution Measures Act;
- Bill 14, Waters Act;
- Bill 15, Oil and Gas Operations Act;
- Bill 16, Northwest Territories Intergovernmental Agreement on Lands and Resources Management Act; and
- Bill 17, Northwest Territories Intergovernmental Resources Revenue Sharing Act.
These bills represent a great deal of work by this government and its many partners. They are proposed as the cornerstone for NWT control and management of lands, waters and resources within its boundaries, and for groundbreaking partnerships with Aboriginal governments. The health of these crucial partnerships will depend on the responsiveness of our government in adapting the federal management regime to meet the needs and aspirations of the people of the Northwest Territories, today and long into the future.
The Review Process
The review of bills to implement devolution was somewhat unusual due to many constraints beyond the committee's control and, in some cases, beyond our government's control. For example, Bill C-15, Canada's legislation to enable devolution, was not passed in the Senate until March 6, 2014, and at this writing has still not received Royal Assent. Most of our own devolution-related bills were only introduced in the Legislative Assembly in the last few weeks. The process unfolding in our Legislature is lightning fast by any reasonable measure.
Within these very challenging limits, Members have done their best to scrutinize the bills and seek public input to the greatest extent possible. A territory-wide call for public submissions was made on February 3, 2014, supported by a press release and media interviews, a prominent advertising campaign, and public service announcements. The feedback we have received will help guide our future work on devolution-related legislation, and we thank all who responded.
Bill 1 - Reindeer Act
Bill 1 provides for a peace officer or wildlife officer to seize a reindeer, reindeer parts, vehicles or other articles that he or she believes have been involved in the killing or moving of reindeer contrary to regulations. The bill sets out the legal process for the potential forfeit of these items to the GNWT, and sets penalties for infractions.
Bill 1 mirrors the Reindeer regulations made under the federal Northwest Territories Act, which are to be replaced by this legislation.
Bill 1 received second reading in the Legislative Assembly on November 7, 2013, and was referred to the Standing Committee on Priorities and Planning for review. At a public hearing on March 5, 2014, Premier McLeod spoke to the bill and responded to questions prior to a clause-by-clause review. Bill 1 was then referred by motion to Committee of the Whole.
Bill 2 - Archeological Sites Act
Bill 2 provides for a peace officer to seize any object that has been dealt with contrary to regulations respecting archaeological sites. The bill sets out the legal process for the potential forfeit of these items to the GNWT, and sets penalties for infractions of the act.
This bill mirrors federal Archaeological Sites regulations made pursuant to the current Northwest Territories Act.
Bill 2 received Second Reading in the Legislative Assembly on November 7, 2013, and was referred to the Standing Committee on Priorities and Planning for review. At a public hearing on March 5, 2014, Premier McLeod spoke to the bill and responded to questions prior to a clause-by-clause review. Bill 2 was then referred by motion to Committee of the Whole.
Bill 3 - Surface Rights Board Act
As stipulated by the NWT Lands and Resources Devolution Agreement, Bill 3 mirrors the federal Northwest Territories Surface Rights Board Act, a relatively new law passed by Parliament in 2013. However, many sections are not yet in force and a board has not been appointed.
The act provides for a Surface Rights Board with authority to resolve disputes over terms and conditions of access to land and waters, chiefly for commercial purposes. This includes disputes over compensation for access.
The board is to consist of five to nine members, resident in the NWT and appointed by the Minister, including at least one resident of each region where there are settled Aboriginal land claims.
Bill 3 received second reading in the Legislative Assembly on November 7, 2013, and was referred to the Standing Committee on Priorities and Planning for review. In response to the committee's calls for public input on devolution bills, Alternatives North provided specific and thoughtful comments on Bill 3, including the following suggestions:
- Surface Rights Board should have the power to deny access if appropriate;
- The act should not apply within municipal boundaries, and municipal governments should have the ability to prohibit mineral rights acquisition within their boundaries;
- An integrated resource management system, including environmental audits and land use plans, should be completed before this legislation comes into force;
- The board should have the ability to require financial security to ensure compliance with its orders, and shift the burden of proof to the developer rather than the surface rights holder;
- The board should have the ability to set its own procedures, including discretion to hear from other parties besides the developer and the rights holder; and
- The regime should not apply in regions lacking recognition or settlement of Aboriginal claims.
These suggested changes are beyond the scope of mirror legislation as stipulated by the Devolution Agreement. However, these issues were raised by committee members during a public hearing on Bill 3 held on March 5, 2014. During this hearing, Premier McLeod committed to further public review of devolution legislation as soon as it falls under the control of the Government of the Northwest Territories on April 1, 2014. The committee recommends that these matters be considered during that review.
A public clause-by-clause review of Bill 3 was held in Yellowknife on March 5, 2014. A small amendment was made to the French version of the bill, with which the Premier concurred. The bill as amended and reprinted was then referred by motion for consideration in Committee of the Whole.
At this time I'd like to pass this to the chair of the Priorities and Planning committee, Ms. Bisaro. Thank you.