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

Bob Bromley

Bob Bromley Weledeh

I appreciate all those clarifications and responses. Those are all the questions I had. I think there were some heads-up and pointers that could be considered as we work towards a review of the legislation. I appreciate this information. That’s all I had. Mahsi.

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. Bromley. Continuing on, 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

Thank you, Mr. Chair. I’m certainly interested in the questions and exchange with Mr. Bromley. A lot of questions have to be thought out. Certainly, when we negotiated and settled the Sahtu Dene/Metis Comprehensive Land Claim, chapter 27 spoke to the Surface Rights Board. Because that legislation hasn’t happened until today and a few months ago we had a Surface Rights Board, we had an arbitration panel that was before us. The arbitration panel, under chapter 6 of our land claim, was like the Maytag repair person, very quiet. The agreement was already negotiated and settled, put together, and we had an arbitration panel but it was never called upon or needed. I met with them every year at our annual Sahtu General Assembly and they were very quiet. So we know we have a value in working things out.

The Sahtu, again under chapter 27, we have the Surface Rights Board. As Mr. Bromley stated clearly, it gets quite complex and confusing. You have settled land claims and land claims being negotiated, so you have different access to lands and different interpretations to lands. In our land claims it’s set out very clearly on the roles and responsibilities of the Surface Rights Board and what we negotiated in 1992, 1993 and 1994 and received assent to this document.

The point I want to make, for clarification, is this act will take in the agreement that we settled here and just to clarify that all members of the board must live in the Northwest Territories. Is that correct?

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. I’ll just give them a second to get to the page. We’ll go to 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. Our government policy or rule of thumb is that in every instance we will appoint members from the Northwest Territories. I’ll ask, through you, Mr. Chair, Ms. McLaughlin to point out the exact clause and confirm that.

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.

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

Mclaughlin

Thank you, Mr. Chair. Clause 11 of the bill sets out qualifications and residency requirements respecting the composition of the board, starting with a requirement that members and alternate members have knowledge and experience that will assist the board in fulfilling the obligations under the act, and then among the members of the board will be specific appointees from certain regions.

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. McLaughlin. 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

Thanks, Mr. Chair. Just for clarification, I hope that she means the regions within the Northwest Territories. Is that my understanding?

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

Mclaughlin

In my effort to summarize, I lost the precision that I had intended to convey. There needs to be at least one member from the area that’s described in an appendix to the Gwich’in Agreement, one in respect of the Inuvialuit Settlement Region, and the area described in the Sahtu Agreement, and the area described in the Tlicho Agreement.

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

Thank you for the clarification. I’ll close the book on that now

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. General comments. Is committee prepared to do a clause by clause. Sorry. Mr. Nadli.

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

Michael Nadli

Michael Nadli Deh Cho

Thank you, Mr. Chair. Perhaps it could be a very simplistic question, but perhaps I’ll pose it to the Premier; if not, maybe the staff that are with him. I know the whole intention of this whole exercise is to, of course, bear the responsibility of the GNWT with more responsibilities on the public lands and resources and we’re at that point.

My question is: What role would the Department of Aboriginal Affairs have in terms of the Surface Rights Board Act? Plus, this is rather significant in terms of setting the course for perhaps more decision-making here in the North, but it stems from mirror legislation that goes back to the federal government.

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. The federal government, or AANDC, still has responsibility with regard to some specific lands, so through you, I’ll ask Mr. Fulford to go into more detail, 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. 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

Thank you, Mr. Chair. I’d just add that this bill is unique in the suite of devolution mirror legislation in that it will apply to federal lands. Bill C-15 that’s before the federal Parliament actually augments the power of the GNWT to allow GNWT laws to apply on federal lands, and that was necessary because the land claims said that you’d have a single board that could resolve these issues with respect to all lands, federal, territorial, Aboriginal and private, so this legislation actually applies to federal lands.

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. Mr. Nadli.

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

Michael Nadli

Michael Nadli Deh Cho

A final question. It’s very clear that we still have a few outstanding regions that don’t have a land claim or a settled land claim per se. I wanted to know, if any, what role would they have in terms of the Surface Rights Board? 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. 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. There are provisions in the bill so that as land claims are settled they’ll be added on to the Surface Rights Board. 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. McLeod. Mr. Nadli.

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

Michael Nadli

Michael Nadli Deh Cho

Thank you. If I could ask the Premier just to perhaps further elaborate with a formal meeting to acknowledge indeed they have a settled land claim and they’ll be welcomed to the board.

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. We’ll actually go to Mr. Fulford for that.

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

Fulford

Thank you, Mr. Chair. Section 5 of the bill obligates the Minister responsible for the act to review the legislation each time a new land claim is settled. If that land claim, as it might be reasonable to expect, includes the requirements in the same way that the current ones do, then those requirements for someone from that region to be on the board would also need to be incorporated into the act. Thank you.