This is page numbers 4253 – 4284 of the Hansard for the 17th Assembly, 5th 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 land.

Topics

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, Mr. Nadli. Premier McLeod.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Bob McLeod

Bob McLeod Yellowknife South

Thank you, Mr. Chair. What we have been working on, we’ve been working on for over six years and that’s to develop a Land Use Sustainability Framework. We’ve also been working with Aboriginal government partners so we can together manage all of the land in the Northwest Territories. Obviously, as the Member knows, Aboriginal governments are the largest land holders in the Northwest Territories through land claim agreements. What we’ve agreed on is we will work together so we can manage all of the land under their respective jurisdictions and try to have a land management process that is coordinated, collaborative and provides for interests of all of the people that we all represent. Thank you, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, Mr. McLeod. Is the committee prepared to go clause by clause?

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, committee. We’ll defer the first page of Bill 1. Clause 1.

---Clauses 1 through 9 inclusive approved

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Bill as a whole.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Does committee agree that Bill 1, Reindeer Act, is ready for third reading?

---Bill 1 as a whole approved for third reading

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, committee. Bill 1 is now ready for third reading.

We’ll move on to Bill 2, Archaeological Sites Act. Premier McLeod.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Bob McLeod

Bob McLeod Yellowknife South

Thank you for the opportunity to speak to Bill 2, Archaeological Sites Act. The passage of this legislation is an important step towards implementing the Northwest Territories Lands and Resources Devolution Agreement.

The Archaeological Sites Act will provide the Northwest Territories with the authority to mirror the Northwest Territories Archaeological Sites Regulations under the Northwest Territories Act. The mirroring of these regulations is a requirement of the Devolution Agreement.

Under the Devolution Agreement, the GNWT is committed to “substantially mirror” Canada’s statutes and regulations that are being repealed or made inapplicable to public lands transferring to the GNWT through devolution.

The mirroring exercise means that the new GNWT laws will address the same matters, in substantially the same way, as federal laws do now. Mirroring principles limited changes to addressing issues such as correcting outdated language and applying 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. Under this protocol, all parties have had the opportunity 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 Archaeological Sites Act mirrors the provisions of the present Northwest Territories Act respecting archaeological, ethnological and historical resources, and provides authority to make regulations concerning the protection, care and preservation of these resources, archaeological permitting, and seizure of inappropriately obtained items.

As required in the Devolution Agreement, the Government of the Northwest Territories will also mirror the Northwest Territories Archaeological

Sites Regulations that are currently under the Northwest Territories Act.

The Department of Education, Culture and Employment will administer the new mirrored Archaeological Sites Act and the regulations under that act, consistent with its responsibilities for the existing territorial Historical Resources Act.

I would be pleased to answer any questions Members may have.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, Premier McLeod. Committee will allow the chairperson of the standing committee, Ms. Bisaro, to review comments on the bill.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Wendy Bisaro

Wendy Bisaro Frame Lake

Thank you, Mr. Chair. The Standing Committee on Priorities and Planning has reviewed Bill 2, Archaeological Sites Act.

Pursuant to the Northwest Territories Lands and Resources Devolution Agreement, Bill 2 substantially mirrors the Government of Canada’s Archaeological Sites Regulations as provided for in the Northwest Territories Act.

This act applies to all matters respecting archaeological sites and artifacts that were previously governed by the federal Northwest Territories Act

and Northwest Territories

Archaeological Sites Regulations.

Following the clause-by-clause review, a motion was carried to report Bill 2 to the Assembly as ready for further consideration in Committee of the Whole.

This concludes the committee’s general comments on Bill 2. Individual Members may have additional questions or comments as we proceed. Thank you, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, Ms. Bisaro. Would the Premier like to take the witness table now? Thank you.

Premier McLeod, if you could reintroduce your witnesses to the House, please.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Bob McLeod

Bob McLeod Yellowknife South

Thank you, Mr. Chair. On my right I have Kelly McLaughlin, director of legislation for the Department of Justice; to my left I have Jamie Fulford, legal counsel with the Department of Justice. Thank you, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, Premier McLeod. Ms. McLaughlin, Mr. Fulford, welcome again to the House.

Committee, general comments? Mr. Yakeleya.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Norman Yakeleya

Norman Yakeleya Sahtu

Just for clarification with this new responsibility that we’re going to receive under Bill 2 and the passing of this legislation, certainly it will bring the control mechanism of making decisions and having protection of our heritage sites, our archeological sites closer to the North. I just wanted to ask the Premier for a clarification on the modern

land claims and modern treaties, comprehensive land claims. In chapter 26 we speak to the heritage resources and provisions in these chapters would be respected and that is inconsistent with the existing legislation. Our Constitution document supersedes what we have now. Thank you.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, Mr. Yakeleya. For that we’ll go to Mr. Fulford.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Fulford

Mr. Chair, yes, I can advise of that as correct that each of the land claims contains a provision that ensures that it is paramount to the extent of any conflict with either federal or territorial legislation. So that would include not only this act but the full suite of mirror legislation and in fact any other GNWT law. Thank you.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you, Mr. Fulford. General comments. Is committee prepared to go clause by clause?

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Thank you. Committee, we’ll defer the first page. Committee, clause 1.

----Clauses 1 through 9 inclusive approved

CHAIRMAN (Mr. Dolynny): To the bill as a whole.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

Does committee agree that Bill 2, Archeological Sites Act, is ready for third reading?

----Bill 2 as a whole approved for third reading

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Daryl Dolynny

We’ll turn your attention to discussions on review of Bill 3. With that, we’ll go to the proponent of Bill 3, Premier McLeod, for the opening comments.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Bob McLeod

Bob McLeod Yellowknife South

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.